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Prnt 14

AMENDMENT To STIBDIVISIoN REsrRrcrIoNs HoLLY LAKE RANcH. sEcrIoN rx. PARr rI

THE STATE OF TEXAS

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KNOW ALL MEN BY TI{ESE PRESENTS:

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WHEREAS, pursuant to certain Subdivision Restrictions dated February 24, 1977, and recorded in Volume 7&, Page 783 of the Real Property Records of Wood County, Texas (hereinafter referred to as the "Restrictions"), certain real property situated in Wood County, Texas, known as Section D(, Part II of Holly I:ke Ranch, according to the plat thereof filed for record in the offices of the County Clerk of Wood County, Texas, on December 16, t976, in Volume 8, Page 45 of the plat records of the County Clerk, to which plat and the record thereof reference is hereby made for a full and particular description of said real property (hereinafter referred to as the "Subdivision"); and WHEREAS, Section 26(c) of the Restrictions provides that any or all of the restrictions, covenants, and conditions therein contained may be repealed, amended or modified at any time by a vote of a majority of the owners of lots in the Subdivision; and WHEREAS, a majority of the owners of the lots in the Subdivision have voted to amend the Restrictions in certain respects;

NOW, TIIEREFORE, in order to implement the amendment of the Restrictions which by a majority of the owners of lots in the Subdivision, such approval being evidenced by the duly executed Resolution Ballots attached hereto and made a part hereof for all purposes, the following amendment to the Restrictions is hereby adopted and approved: has been approved

1.

Section 4(a) of the Restrictions replaced with the following paragraph:

4.

is hereby deleted in its entirety and shall be

Structures.

(a)

From and after the date hereof, no residence shall be constru'cted on any lot in the Subdivision unless such residence shall have a minimum of 1,500 squre feet of heated living area and, in addition, must have a reinforced poured concrete slab foundation or a reinforced poured concrete pier-and-beam foundation or the equivalent thereof. This restriction shall not apply to residences already existing in the Subdivision provided that such residences must have at least L,200 sqwre feet of living area.

2.

Except as specifically set forth hereinabove, Restrictions shall remain in full force and effect.

all terms and conditions of

the

EXECUTED as of theL,ltday of September, 1993.

HOLLY LAKE RANCH ASSOCIATION, Texas non-profit corporation

Name: A. T. Shoemake

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COUNTY OF WOOD

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Secretary/Treasurer


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STATE OF TEXAS

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COI]NTY OF WOOD

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day of September, L993, This instnrment was acknowledged before me on ths 1st BOD the of Holly I-ake Ranch Association, 6y A. T. Shoemaker, Sec/Treas of a Texas non-profit corporation, on behdf of said corporation.

(sEAL) Printed or Stamped Name:

Susan

Barrett

Johnson


vol 7$4

PAIE?83

SUBDIVISION RESTRICTTONS UOT,LY LAKE RANCH

THE STATE OF TEXAS

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ALL MEN BY THESE PRESENTS:

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a Texas general partnership (referred to herein as ilDeveJ-oper") with offlces and princlpal place of business at 3220 Lemmon Avenue, Dallas, Dal.las County, Te.xas, acting herein by and through its duly authorized partner, W. T. McKenzie, J-s the owner of all that certain real property situated in Wood County, Texas, known as Part II of Section IX of Holly Lake Ranch (being sometimee referred to herein as "Subdivision), according to the plat of sal-d Part fI of Section IX of Holly Lake Ranch filed for record in the Office of the County THAT HOLLY LAKE DEVELOIMENT COMPANY,

Clerk of

Wood

County, Texas, on Deeember J.6, IgT6r ln Volume I,

page 45, of the PIat Records of the County CLerk, to which plat and the record thereof reference is hereby made for ful1 and

particular descriptlon of said real property. The parties hereto desire to create and carry out a uniform plan for the improvement, devej-opment and sale of all of the lots in the Subdivision, for the benefit of the present and future owner! of said lots, and f or the protection of prciperty val-ues in the. SubdLvision; and, to that purpose, said parties hereby adoptp establlsh and impose the following declarations, reservations, protective covenants, limitatl-ons, conditions and easements to apply uniformly to the use, lmprovements, occupaney and eonveyance of aLl Lots l-n the SubdLvisloni and each contract or deed which

hereafter executed with regard to any of the l"ots in the Subdivision shalL conclusivety be held to have been executed, delivered and accepted subject to the following (regardless of

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t. USE. No lot ehall be used for other than alngle farntly reqldenblal purposos and no soll or treea shall be reqroved for any corunerClal Use. Cutting of treee ehal.l be Lirnlted to the extent necessary for clearing the foundation site for construction, any addltional cutting of trees shall be done only upon the wrltten approval of Lhe Developer, No conunercial ictivity shall be permltted on anY lot.

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2. LOT ARIA. No lot may be resubdivldedl provlded, however, that lndividual lots may be divided between abutting owners and thereafter each ownerrs resulting oversize lot shall be considered as one lot. Nothing herein contained shall prphibit. the cbnstruct,ion of a single residence on two (2) lots, in which case both such lots shall be considered as one (I) Iot 'for building purposes 3. ARCHITECTURAL CONTROT CoMMITTEE. An Architectural control committee (',C6mmittee',) shall be appointedi from time to time, by Developer, whose purpose it shal1 be to review plans, to insure for all owners harmony of location, and harmony of external and structural design and guality with exisfing structures. The Committee shall have the right to designate a rePresentative to act for it in all matters arising hereunder. UnLil such time as the Conmittee has been constituted and appointed, Developer, or its nominee or irepresentative, shall carry out all functions of the Conunittee relatinE to thlse restrictions. After seventy-five (?5t) of all lots in the Subdivision have been sold and 75t bf'all- lots and tracts in al} other Subdivisions of Holly l,ake Ranch hereafter developed, or sooner at the sole election'of Developer, the members of the Committee shall be selected by the Holly Lake Ranch Association ("Association")

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(a) No residence shall be constructed or Pennitted to remain oh any 1ot in the Subdivision unless such residence shall have a .minimum of lr2OO square feet of living area. (b) No improvements shall be placed on any lot until the building plans, specificalions and plot plans showing lhe location of such improvements on the lot have been approved in writj'ng by the Corunittee. Likewise, the alterat.ion of any existing improvements which materially affect3.or changes the exterior design thereof may not be made until the plans for such alterations have been approved in writing by the committee; In the event the committee disapproves of any such plans, specifications. and/ot PIot plans, notice of such disapproval shall be delivered in Person or by registered or certified letter addressed to the party submitting the same at an address which must be supplied with the submissi6n. In passing upon all of such pJ-ans, specifications and/or plot plans, the Committee may take into consideration, among other things, the suitability of any such proposed building or structure or the alteration thereof and the materials of which it is to be constructed to the lot or tract upon which it is do be constructed, and the effect thereof upon adjacent neighboring Or other lots or tracts. Any such notice shall set forth the elements disai2proved and the reason or reasons therefor, but need not contain suggestions as to methods of curing any matters or things disapproved. The judgment of the Committee in this respect in the e*ercis. of its sole and absolute discretion shall be final and conclusive. If said CommiLtee fails to approve or disapprove said plans, specifi"cations and/or plot plans within thirty (30) d'ays after the same have been submitted to it, it t^r111 be presumed that the same have been approved. These reguirements for approval by Lhe Committee as herein set out cover not only the residences to be constructed in the Subdivision, but all piers and other structures built in Lhe water as weLl as on the land, and also apPly to any retaining walls and any significant, noving of soil in or out of the water

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(c)Allatructureswhl.chaxtendlntothewatâ‚Źrghallneet the following requlrements (1)Permlssionforanysuchstructuremustflrstbe obtaLned from the commltteel Bnd the construction of such structure shal-L be ln accordance with the descrlption of same as set forth ln the commlt,teers written approval' The committee shall not approve more than one pier per lot except under clrcumstances deemed to be exceptional by the Committee.suchstruct'uresshallnotextendl.ntothe water more than 25 feet. Notwlthstanding the foregolngt

an exceptlon nury be made by the commlttee Ln caseg whera guch an exceptlon J.e neceeeary becauoe of ehallo1'r water or other unusual circumslance6, aPProval of euch exceptlon

.tobegiveninwrltlngtotheownerofthelot'affected.." (21 No part of such structures shall be closer to anyprojectedsldeproperuylot].lnethanten(10)feet. (3) lito such structures shall extend more than tvtentyfive (25) feet parallel to the waterrs edge' (d) No part of any building shall be Located on any lot nearer Plat. No to any street than the set-back line as indicated on the (I0) feet to ten than nearer located part of any building shall be ownership of common event in the that except f.ine, lny interior lot of more than one (1) lot and the construclion of one (1) building on more than one (I) Iot, the combined area owned shall be considered as one (1) lot for this purpose. The building set-back lines may be relaxed by decision of the committee, lf the above described distances are not feasible, considering the terrain and/or.dinensions of the l-ot. (e) No structure shall be occupied or used for residential or storage purposes (other than for the storage of buildlng materials to be used in the construction and compJ-etion thereof) until the exterior thereof shall have been fulIy completed in accordance with the approved plans and specifications. (f) Each residence, once commencedf must be completed within six (6) months from the d;ite of conmencement thereof. If any such residence is not completed. within six (6) months after the date on which such residence is commenced, the owner of sarne hereby gives the Conimittee, or its representative or agent, the rlght and authority to enter upon the property upon whlch such structure ie situated, and to disassembl-e such structure and store the building materials . on the premises or elsewhere at t}1e discretion of the Conrnittee. The owner or occupant of any such lot agrees, by the purchase or occupancy thereof, that the Committee'shall not be liable in trespass or otherwise in entering upon said lot and disassenrblinq any such structure.

(S) No trailer, moblle hone, tent, shack, camper, or structure of a ternporary character shall, at any tlme, ever be used as a Pernanent Or temporary resldence on any lot, or moVed Onto or permltted to remaLn on any lot, except durlng construction of Permanent atructures. No camplng shall be permlLted wlthln ttre Subdlvlslon wlthout: the wrltten permlsslon of the Developer, It being lntended that Developer shall permlt ltmtteil carnplng on certaln restrlcted areag wlthln the Subdivlsion. (h) No fenee shall be erected wlthout the approval In wrltlng of the CommLttee. 5. SIGNS. No "For Sale'r Sign or'rFor Rentft nlgnr Of Any Other adver' tising structuresr may be dtlsplayed ln the the SubdlvLslon wlthout the prior wrltten approval of DeveloPer.

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or offenslve activity ehall be carried on or $alntained on any lot ln the subdlvtelon, nor ehall anythlng be dono or Perurltted to be done thereon r.rtrich nay be or become a nuisance in the nelghborhood. Mercury vapor aecurlty lighta ehall not be permltted on any lots or tracte in the Subd1vlsion. 6.

MTISANCES. No noxloue

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or dischargo of flrearmg !n Lhe Subdivielon is expresely prohiblted except ln areas that nay be designated f,or such purposea 7.

FIREARMS; The uge

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by the Developer.

8. GARBAGE AllD TRASH DISPGAL. l.lo lot shall be used or naintained aa a dr.rnplng ground. f,or garbage. Trash, garbage or other rubbish shall be kept onty in sightly, sanitary containers. Eacb lot owner shall be responsible for disposiirg of all of his trash, garbage and rubbish, and the burning of same wlthin the Subdivision is exPreesly prohlblt.ed. 9. UNSIGHTLY STORIGE. If open carportG are used, no unslghtly storage and,/or unsightly vehicles shall be permitted therein. 10. AllIMALs. No horses, cows, poultry, or Iivestock of any kind (other than house pets) uray be kept on any lot in the Subdivision without the written consent of the Developer, it being the Developer's intention to permit horses and ponies to be kept upon lots for recreational purposes and as Pets (as contrasted to corirmercial or other purposes), so long as the number of such anirnals proposed to be kept upon a lot is reasonabJe under the circunstances. Any such aninral which is allowed to be kept upon a lot shall be removed promptly thereupn upon the wrltuen direction of the Developer 11. OF!'-STREET PARKING. Both prior to and after the occupancy of a dwelling on any lot, the oh,ner shalf provide appropri.ate space for off-street parking for his vehicles and/or boats, Mf'r,

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TRASH. The ovrner of each lot or trabt shall keep the sarne clean and free of trash and such weeds as wil-I be in keeping with the other property and the comrnunity at any part,icular time. Upon failure to do this, Developer or the Association may have the 1ot cleaned and the cost or ej(pense. thereof shall be payable on demand by the owner to Developer or the Assocj-at,ion, as the case may be.

L2.

vlEEnS AND

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13. SEWERAGE. No building or structure shall be occupied as a residence unless all plunbing fixtures, dishwashers and toilets are connected to an adequate sewerage disposal systeh. No outhouses shal-l be permitted on any part of the property; aII Javatories, toilets and balh facili,ties shall be installecl indoors and shall be connegted with adeguate grease traps, septic tanks, and lateral lines construcLed to copply with the specifications of State and local health authorities, and no "outside".or surface toilets shall be pernitted under any circumstances. No se.ptic tank Lateral lines strdll be con-' btructured within twenty-five (25) feet of any lakes or ponds; minimum requirel ments for the construction of septic tanks and lateral lines aie two hundred (200) feet of one foot by four inch (lr x 4") tile pipe laid. in the center of one foot of wash gravel covered with tar paper in a trench tweJve inches wide by twenty-four (12" x 24") deep. Nbthing herein contained to the contrary shall prevent the installation and operation of sanitary scwer facilities by a water district or other. goverrunental authority in said Suirdivision. 14. UTILITY EASEMENdS. An easement is expressly reserved in, on, over, under and through , those portions of the lots as shbwn on the.recorded Plats for the PurPose of installing, repairing and maintaining'electric power, waterl 6ewerager gas, telePhone and similar utllity facilities and services. There is also reserved and dedicated hereby for the use of the Developer and any public or private uLiliLy company an unobstructed aerial. eaSenent five (5) feet wide frorn a plane twenty (20) feet above the ground upward, located adjacent to and abdve all dedicated utility easements as shown on the map or plat of t,he Subd.ivision. T'he easements reiserved and dedicated under the teirms and provisions hereof and under the terms and provisions of the Subdivision plat,


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vor 764

prm

787

defined and any.' shall be for the general benefit of the subdLvision as herein and shall thereofr other land owned or acquired by Developer ln the vicinlty prlvate utllity public or any by also inure to the lenefit and may be used wlthcompany enterLng into and .rpot t.Id Property for the Purposes afdreeald, euch uttftty to rights easement grant such of further of any out the necessity such companies. Fences, walls and shrubbery hedges shall be permltted on any and,/or electrLc for underground used being easenents except those easeJnents do not telephone systems, provided: (i) that such fences, walls and hedges prlvate pubJ'ic or by any interfere in any way with lhe use of such easements same, (I1) tnat ut,ilities then utilizing or thereafter designed to ugiLlze the at all times be shau hedges and wal-Is fences, the right of the owners of such public and of rlght the to way every i:r inferior and, and remain subordinate anv tJ.me at prlvate utilltles pubLic or (tti) such rhat and ;;r";;;-;iiiii""; any iray, without llability of any kind to the owner or owner6 thereof, remove to or Lg Lncidental same the of the removal where rrr.h f.rr.., wall or hedge necessary for the performance of pubJ.ic or private utillty operations' No buildings or structures of any characler may be erected or allowed to remaln on any utllitY easements. 15. ASSOCIATION MEI.{BERSHIP. Each purchaser of a tract, lot' or r:nl-t in the Subdivision must be a member of the AssocLation'

16. OIIr, cAs AND MINERAT DEVEIOPMEIII. No ol"L or gas dr1L1ing, oll or gas development operations, oil or gas reflnlng or treatmentr guarrying or iirri.rg opeiations of any kind by lot owners shall be permltted upon or in any part of the lands lncluded in the Subdivlgion. L7. DRAINAGE STRUCTURES. Dralnage structures under prlvate driveways shal1 always have a net drainage opening. area of sufficlent size to pâ‚Źrmit the free flow of rdater without backwater 18. ASSOCIATION I.{EMBERSHIP. Upon acceptance of an appllcation for nembershlp in Holly Lake Ranch Associatl-on and the simultaneous execution of a saLes conLract or the aceeptance of a Deed, each owner shall become a member of Holly Lake Ranch Association, a corporate enterprlse operated by Developer, lts successors or assigns, for the purpose of providing the rnembers wiLh clubhouse and pr1vate recreation facllities.in the area, and to establish and maintain parks, 1.rr.", lakes and provide for the comnron beneflt of lot owners. Sald membershlp shall be conditioned upon observance of the rules and.regulations established by said Assoclation.for the benefit ald general welfare of its nembers and for the official operation thereof. Said membershlp shatl also be conditioned upon palrment, when due, of such dues2 feesr. and maintenance charges as the AssoeLation shall find necessary for the malntenance of the Assoclation faclLl-ties and. services, including but not limlted to the maintenance of lanesr' roads, parks, clubhouse and l.akes and any other services and benef lt,s whl-ch said Association nay provlde for the beneflt of the 1ots, Assoclatlon faelllties and. members.

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a.9:prdin91y, each lot in the Subdlvislon, from and after the sale is hereby subjected to an annual fee and naintenance bf-Devlbper, thereof charge pf 9f3.30ler month per lot, for the purPose of creating a fund to be known als the "Holiy Lake Ranch Maintenance Fund" to be patd by the owner, the same to be- becured by the vendor's lien upon said 1ot, sald maintenance charge to be payable montht-y in advance as directed by the Developer or the Associatlon, as the case may be, At such tlme as Developer has transferred the title of 75* of the lots in the Subdivlston and future subdivisions of Ho11y Lake Ranch, or sooner if notlce to such effect is given by Developer to the Association, the responsibillty for the collection and disbursement of such maintenance fund may be delegated to the Association. The fee and maintenance charge may be lncreased from year to year up to an inerease not to exceed IOt of the maintenance charge for the prevJ.ous year. The Developer may waive, either ternporarJ.ly or permanently, the fee and malntenance charge agalnst any lot if the owner has purchased another lot wj-thln the SuHivislon which is subJect to such charges. It ls understood that'the juilgment of the Developer (or the AssocLatLon, as the case may be) ln the expendlture of said funtl shall be flnal so long as such Judgment Ls exerclsed ln goodl falth. 8y the acceptance and retentlon of title to any let, each lot owner, hls heirs or asslgns (regardless of whether a member of the Assoclatj.on, notwithetandlng the.requlrement of membershlp Ln the Assoclatlon, its Bueeessore and assJ-gne, as a eondLtion to the acqulsltlon of tltle to any lot), agrees the Developer ahall have

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vor 764 nr 7BB a llen upon the subJect lot or tract to sscuro paynont of the aforementloned dues, fees and matntenance chargee are horeby declared to ba expressly eubordinate and lnf,ertor to any voluntary llen, Including any renewal and,/or exteneLon thereof,, created on any lot ln the SuMlvlslon by an ownetr thereof for the purpose of obtainlng a constructlon otr permanent loan or both euch loans for the purpose of, lmprovlng ouch lot. $aid subordinatlon of, liens shall continue and be ln full force and ef,f,ect for so long as such construction or permanent loan ls ouLstandlng. 19. FOMPING WATER FRCtt LAKES PROHIBIrED. The punping of water from any lakes or ponds is prohiJcited except by special permit, in writing, granted by

the Developer.

2A. WATER VJELLS. No $tater well shall be drilled by the owner or or,'rners thereof so long as water for domestic uses shall otherwlse be available to the ownera of lots, btrt nothing herel-n contained shall be construed as prohiblting the Developer, Its auccessotrs, assigns and nomlnees, from drilling a well on any property located in or near the Subdivision for the purpose of supplying water to the owners of any property In said Subdivision or in any future subdivision of, Hotly Iake Ranch, provlded, hoviever, that until rrater is available to the owner of a lot, the Developer will grant written perrnits, upon proper application, f,or the drilling of temporary wells and for the temporary operation thereof, until water for.domestic uses sha.Il become available to saj-d owner. 2L. &ESrRICTIONS oN SALES, ETC. No sale, transfer, Itsase or other disposition of any lot in the Subdivision shal} tre consummated unless and until the purchaser or transferee has applied for and has treen accepted as a member of the Holly Lake Ranch Association, its successors or assigns. Tkis restriction shal} not apply, however, to lending institutions who may bid said property in at any foreclosure sale brought by them without regard to such membership restrictioDr rrof, shall it apply wiLh respect to a transfer of such property. pursuant to a duly probated will or by virtue of intestacy under the. statutes of, the. State of Texas 22. DEVEIOPERTS SAIES ACTIVITIES, Notwithstanding anything to the contrary contained herein, the Developer, its successors and assigns, reserves for itseff. and its designated agent or agents the right to use any unsold lot fgl a temporary office location and the right. to place a sign or signs on any unsold lot in the subject Subdivisidn. 23. BOATING RESTRICTIONS. Other than on Greenbrj"ar Lake, no outboard or inboard motors larger than ten (IO) horsepower may be used on any Iakes or ponds and no waterskiing will be perrnitted on any lakes br ponds, and on Greenbriar l,ake waterskiing and use of no.torboats witl be subject to the rules and.regulations of HoIIy Lake Ranch.Associat,ion from,tirne to time, in effect. 24. COVENANTS RUNNING WITH THE LAND. AII of t.he restrictions, covenants and conditions herein provided for and adopted sha1l appty to each and every lot in the subdivision, and shall be covenants running with the land. Developer, its successors and assigns, shall have the right to enforce observance aird performance of the restrictions and covenant,s contained and provided for herein, and in order to Prevent a breach or !o enforce the observance or performance of Fams, shall have the r.ight, in addition'to all legal. remedies elsewhere provided herein, to an injunction either prohi-bitive or mandatory. The owner of any.Iot in the Subdivision affected shall likewise have the right either to prevent a breach of any such restrictions or covenants or Eo enforce the.perforn'1 ance thereof. 25. PARTIAL IN\ITALIDITY. Invalidatioh of any. of these covenants, .restrictions or conditions by court judgment or olherwise, shall not affeict, in any way, the validity of any of the other'covenants, restrictions or conditions, all of which shall remain in full forie and effect. Acquiencence in any violation shall 'not be deemed a waiver'of the right to enforce against the violator or olhers the conditions so vicilated or uny other eonditions; and Developer shall have ltre righl to enter the property of the vlolator and correct the violation, or to.reguire that the same be corrected.

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vol 764 26. -

PArTBg

DURATION OF RESTRICTIONS

(a) The restrictl.ons and covenants hereLn provlded for and adopted, shall remain in fui-l force and effect untll December 3J-, 1990, subject to rnodlfj.catl-on or amendment as herelnafter provlded. (b) At the end of the term provJ.ded in (a) Lmmediately above, and at the end of each ten (10) year extenslon herein provided for, these restrictions shall be autoiraticalJ,y extended and renewed for succeeding periods of ten (10) years each, unl"ess, within six (6) months prior to the date such restrictions and covenants would. otherwise be automatically extended, an instrument shalL have been signed by the .then owners of a majorlty of the then existlng lots ln the Subdivlslon, each suc,h lot entitlJ-ng lts owner to one (1) vote, and shall have been recorded In the offlce of the county clerk of wood county, Texas, agreelng to change said restrLctlons and covenanLs ln whole or in Part.

(c) Any or all of the restrictions, covenants and condltions herein contained may be repealed, amended or modified at any tirne by a majority vote of the lot and unlt owners in the subdivl.sion, each then existing lot entitling its ovrner to one (1) vote. Such repeal, amendment or modiflcation shall be effected by an instrument in writing executed by such majorlty of said lot owners, and fiLed for record in the office of the county Clerk of Wood County, Texas. 27. HEADINGS. ALl sections and paragraph headings used herein are for convenience only and shall have no efficacy in construing any of the restrlctions, covenants or conditlons herein contained. 28. RIGHT TO AssIGN. The DeveLoper may, by approprLate instrument, assign or convey to any person, organization or corporationr any or all of the rights, reservations, easement,s and prl-vileges herein reserved unto the Developer, and upon'such assignment or convey€urce belng made, Lts assigns or grantees mury, at theif option exercise, transfer or assign such rightst reservatioDsr €Ers€R€nts and privileges or any one o:t more of them at any tlme or tl-mes in the same way and manner as those directly reserves by them or it ln thls lnstrument. ' 29.

JoINDER oF LIENHoLDER. The undersigned llenholder Joins ln the execuLion hereof solgly as Lienholder for the purpose of subordinating lts llen to these restrictions, reservations, covenants and conditions wLth the understanding, however, that:

(a) Except to the extent of subordinating its llen to the restrlctions, reservationsr covenants and conditLons hereln provided for, such lien Ls contlnued ln fu1l force and'effect as ' first and prior lien upon the property descrlbed ln the . security Lnstrument given to secure the lndebtednegs now or hereafter hel-d by the l.lenholdersl and '

(b) Said subordinatLon excepts fron the operatJ.on thereof any charge, fee or lien created ln thls lnstrument which under any theory or clrcumstance can be prlor or egual to the lLen held by the Iienholder.

IN

these presents have been executed in counterparts, each executed counterpart to have the full force and effect of an ofiginal, as of (but not on) the 24th day of February , L977. WITNESS WHEREOF,

IIOLTY IJAKE DEVELOPMENT By TIENHOLDER: i I

RIPUBLIE NATIONAL BANK OF DAI,LAS

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voL 764 THE STATE OF TEXAS Uaa D

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BEFORE ME, the underuigned, a Notary Publlc in and for said County and State, on t,his day personally appeared W. T. McKENZIE, a General Partner of the partnership firm of HoLLY LAKE DEVELOP: MENT CoMPANy, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he. executed the same as the act of HOLLY LAKE DEVELOPMENT COMPANY, 'A co-part,nership, for the purposes and consideration therein expressed and in the capacity therein stated.

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rnND AND SEAL oF oFFrcE

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My commission expires

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THE STATE OF TEXAS hto'a P COUNTY OF

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BEFORE

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ME, thE undersigned, a Notary Public in and for said appeared -'

W<&g)4ar.TZA

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of REPUBLIC NATTONAI BANK OF DALLAS, known to me to be the person End officer whose name is subscribed to the foregroing instrument and acknowledged to me that the same was the act of said Bank, and that he executed the same as the act of said Bank for the purposes and consideration therein expressed and in the capacity therein stated. GTVEN UNDER MY HAND AND SEAL OF OFFTCE

day of Aaf,ir "

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1978.

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My commiss.ion expires

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!,r. o ' sLocK FIIJED .FOR RECâ&#x201A;ŹRD TIIE 15th DAY OF.AT'GUST A.D. 1978 AT DAY OF AUGUST A,D; 1978 AT RECORDED T"NE 1F.A/ - IIARTHA R. BRIDGES, COT'NTY ctERK ImOD COUNTy, TEC.

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Section 9 part 2 restrictions