8z08267 A pe Z 113-041-0939 mY mtconog THE STATE OF Texas) } RESTRICTIONS FOR WALNUT COVE SUBDIVISION, } SECEION" one COUNTY OF MONTGOMERY THRE, W. C; DEVELOPMENT, INC., a Texas corporation, acting herein by and through its duly authorized ofticers, hereinafter called weeyglorer", Owner of all of that certain tract of land out of the Billiam Wier Survey, abstract 42, Montgomery county, Texas; es Sewn on Subdivision Plat entitied WALNUT COVE SUBDIVISION, Tecorded in Cobines Sagi, Shest BIB of the Plat Records of Montgomery County, Teves, as hereby impress, “ali of the property sncluded is such scbatieree see the following testristions: 1. PERMANENT _AND/OR TEMPORARY SINGLE FAMILY RESIDENTIAL CAMPING LOTS RET Tots ghat cps icon sue gute PELE RESIDENEDIG carn oss shalt bé known and described as loc for single fantiy xegidential and/or single family camping purposes only. seid sets thal pot be used for business or commercial purposes, 2. CAMPING VEHICLES, BUILDING AND OTHER STRUCTURES Jet to the Timications end other provisions of thece Restrictions the following may be used for residential or camping parpeses: (A) Nobile campers (travel trasiers) (8) Portable campers (modular structures) (Cc) Motor homes {D) Mobile hones (3) Conventional built residences ana other structures as approved by the Architectural Control Committee (z) Tents : (6) Storage builaings 3. ARCHITECTURAL CoW?RO, fo construction of any busiding, fence or other permanent structure SakeY Rind may be begun on any Jot tintil two copies of the buLiaing plans and specifications, including specifications of ali sxectrer Ragerial and roofing material, including color of peint ox eters” and plot plan showing the proposed lccation of seid sm accbrocadding, fence oz other permanent structure may then be seected. 4, Bgcordance with such plans and specifications and these restriccione ’ | whan Gompletion of the construction, the Architectural Control cawmiiene Eiht issue its "Medallion of approval" which shall be placed on oe structure in a location that is visible from the street, No mobile camper, portable camper, mobile home, motor home, tent or Gehex ovable structure of any kind shall be erected, placed o meine EBeMed on any lot, nor brought into the subdivision, until the Arches tecturel Control Committee hes approved the design, appearance ng Goageman, Zim Rawson and Jerry Leanox.. Bach of the original manhere nay GeSignate an alternate nonber to serva in his place. In case er ane dee or |imability to act of any menbary the remaining menbers nat Honreise 2 Gitemate nonber. the architectural Control Commitee may from time to time appoint one or nore representatives to porters ive Emngtion in the subdivision. 411 camping vehicles, busiaiegs ora chor structures must display at all tines the Walnut Cove Medallion ot Approval. fhe purpose of the Architectural Control Committee is to provide Gompliance with these restrictions; to maintain proper use of the iets; e,Pteserve so far as practicable the natural beauty of the property; ko insure against the erection or plac hones and/or other stationary or movable structures built of imereper or mieyevent the Committee fails to approve or disapprove eng item wine misres, to it within chirty (30) aays after the receipt of the renvnred spplication, approval will not be required and the related covesdece et119-01-0240 out Rerein shall be deamed to have been fully satisfied. The original Committee may at any tine transfer all of the powers hecein given te an Architectural Control Conmittee composed of owners of icte in the Subdivision end appointed by the duly elected Board of Directors of Walnut Cove Property Owners Association Neither the Developer, nor the Directors or Officers of the sane, nor the Architectural Contiol Committee, nor the members of said Committee, nor the Directors or Officers of walnut Cove Property Owners Association shall have any liability nor responsibility et law gx in equity on account of the enforcement of, nor on account of the failure to enforce, these restrictions. 4, MINIMUM CAMPER AND/OR STRUCTURE REQUIREMENDS The following are mandatory requirements to be used by the architectural Control conmittee in ite approval of design, appearance and condition of camper and/or structure facilities. (A) Mobile campers ~ The unit must ba of professional construc~ tion and in good repair and of an attractive design and appearance. (2) Portable campers ~ The unit must be of commercial quality, in good repair and of an attractive design and appearanci Portable ez skid campers shall contain not less than 400 Square feet of floor space in the enclosed living area, exclusive of open or screened porches or breezeways. Tt is especially provided that eli exterior walls except redwood and cedar mist be painted or stained or if not painted chen constructed of an approved commercial exterior material ether than metel. “A recent photograph of the unit shall be submitted with the application sor approval referred ts in the restrictions. (C) .Motox Homes = ‘The unit must be of professional construction and be in cood repair and of an attractive design and appearance. A xecent photograph of the unit shall be submitted with the application for approval referred to in the restrictions. (D) Mobile Hones - The unit must be of profeseional construction and in good repair and of an attractive design and appesrance. Mobile hones shall be of a minimum size of 10 fect Sy 40, feet. A recent photograph of the unit shall be submitted with the application for approval referred to in the restrics tions. Bach mobile home, within 60 days, must be tied down and fully enclosed cround the bottom in a manner and with materials approved by the Architectural Contre? Committee, () Conventional built residences ~.zach Conventiona! built residence shall contain not less than 600 square feet of floor space in the enclosed living area, exclusive of open or screened porches, breezeways or garage. sxterior walls shall be constructed of masonary, wood or other commercial siding approved by the Architectural Control Comittee. The vexterior walls except redwood and cedar shall be painted iz and as required by the Architectural Control Conmistee, Plans of such conventional built residence must be submitted prior to beginning of construction as ect out under Paras graph 3. (Architectural Control) hereinabove. (®) ents ~'tents shall be of professional construction and in good repair and of an attractive design and appearance. Tents can be used for temporary camping only and cannot be left set up on the lot unattended for more than 24 hours st any one time, (6) Storage Buildings ~ the unit may not exceed 100 square fect and must be of commexcial quality - in good yepaiz and of an attractive design and appearance. All exterior walls excest redwood and cedar must be painted or stained or if nov’ painted then constructed of an approved commercial exterior material other then metal, A recent photograph of the unit shall be submitted with the application for approval sezerred to in the restrictions.119-01-0941 5. Mimo cowrosrre oF stze Except Yor tots I through 91, mlock 21, Section Ones tote 1 Ehzough 161, Block 13, Section Onc; end Lets 3.4 ond Ge 'aloce 35, Section One, any camping vehicle of any seructare of 400 ts 500 square feet must be on a lot of conposite lot of no lass than 4,000 squere feet. Any camping vehicle or any ctruccure in excess of’ G00 siete feot' must be on a Lot oF composite 1ot of no ess then s,000 siante feet. 6. REMOVAL OF NON-CONFORNING CAMPERS OR STRUCTURES in the vent of default on the part o£ the OWner or cccupant of say Jot in observing the requirenonts of these restrictions and/or the requirements of the architectural Control Conmitece and with each default continuing after ten (10) days written notice thereof, Developer, the Architectural Control Conmittes, or ite or thelr assigns shall, without lability to the owner or occupant in trespass, damages or otherwise, enter upon said lot and renove the Camper, Mobile Home or gther structure in defeult. the ovner or occupant, as the case may be, agrees by the purchase or occupation of the property to pay thy cost Of such removal and any storage fees immediately upon the receipt of & statement thereof. The mailing of ten (10) days written nocice fo the address shown on Owner's Contract of Gale shall be deemed to be fold compliance by Developer of its duty to notify in writing set out iereinabove. 7. Fences Fences, subject to the approval of the Architectural control Committee, shall be permitted to extend to the side and back lot Lines ang to no less than 5 fect of the front lot lines, -but without impale. ment of the easements reserved and granted in these restrictions or shown on the plat of said subdivision. » 8. LOCATION OF IMPROVEMENTS ON Lor AND COMPOSITE SITE io building; no! ‘ome, camper or structure other than a fence shall be located nearer to the side street line than § feet or nesree fo the side lot line chan 5 fect or nearer to the rear let line than 10 feet. "side lot Line" and "rear lot line", respectively, os shed in this paragraph, ‘in respect to any two o: more consiguous whole and/or fractional ‘lots owned by the same person or persons, including Purchasers under = Contract for Deed, and used as a single building site, shall hereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot line furthest from the front lot line considering said contiguous whole and/or fractional jots as one lot, if the combined width of said contiguous whole and/or fractional lots is a: least 30 feet at the widest portion thereof, soa if the combined depth of said contiguous whole and/or fractional Lote ds at least 70 feet at the deepest portion thereof, but no othe: use may be made of any lot or fractional lot to the extent it has boon grouped to alter these mininum setback requirements. No bulldina, mobile hone, camper or structure other than a fence shall be loceced nearer to the front Jot line than 10 feet. ~ 9. Umrury “kND_pRaiNaGE EASEMSWTS There i hereby resezved the utility easements and drainage easements as shown on said plat of said subdivision and along aed within 5 feet of the side lot lines and within 10 feet of tha seer Lines of all lots hereunder, and an easement along and within 10 feet of the street lines of all lots hereunder and an easement over all streets for the purpose of installing, using, repairing and maintaining pyblic utilities, water, sanitary and’ storm lines, sewer lines, clectese iighting and telephone poles, pipe lines and drainage dicches or structures and/or any equipment necessary for the performance of any public or quasi-public service and function, and for all other pucposes incident to the developnent and use cf said’ property as a community unit, with the right of access thereto for the pursese of further onstruction, maintenance and repairs. Such rights cf access to include the right, without liability on the part of any one or all of the guners or operators of such utilities, to remove any or all obscouce tions on said easement right-of-way, caused by trees, brush, fences, ghrubs, or other ‘obstructions which in their opinion may cause inter- ference with the installation cr operation of thei: facilities. sech easements shall be for the general benefit of the Subdivision and che =a=119-901-0942 property thereof, and are hereby reserved and created in favor of any and all utility companies entering inte and upon said property sor che purpose aforesaid, subject to the limitations as to water service hereinafter set forth. There ic also reserved for the use of all public utility companies an unobstructed aerial easenent five fect (3!) on either side of the said easononts reserved heseby and all easonents shown on the recorded plat hereof from a plane fifteen fect (5") above the ground and upward. 10. PLOWRGE EASEMENTS ~ No Improvement of any kind shall be constructed or erected on any Jot hereunder which lies either partially or wholly within the San Jacinto River Authority of Texas flowage easement for Lake Conroe gniess the owner of such lot or lots has obtained a buitaing sermit from the San Jacinto River Authority of Texas. Such flowage easement dS recorded in Volune 622, Page 356 of the Dead Records of Montgomery County, Texas and is shown on the recorded plat of Wainue Cove, Section One on ‘file in the County Clerk's office of Montgomery County, Tesss. In addition to such Flowage Easement referred to in the prior Paragraph, @ portion of the property covered by these restrictions is subject to a waiver of damages by the Gan Jacinto River Authority asa result of inundation which is set out in a General Verranty Deed zecordea in Volune 581, Page S61 of the Deed Records of Montgomery County, Texas, such area being shown on the said recorded plat ot Walnut cove, Section One. 411. pevendvens' EkSmwenrs ann Lor uses FigmeReveloper,Feserves unto itselves and its assigns, the exclusive Fight ‘at all times to use any and all areas reserved or dedicated be a public utility easénent, drainage easenent or street, for the purpose gf laying, Placing or constructing, installing, maintaining ox tepair- dng of all kinds nd types of water lines, waste water dissosal vince, mains or pipes as well as other equipnent necessary or incidental te the operation and maintenance of water service and/or supply systen, and its appurtenances, to service, furnish or supply this subavvielon with water and waste water disposal. Also, the Developer and its designees and/or its assigns may, on any lot and/or lots then owned by Developer, construct, mainainy woo and allow to be used by others, parks, swimming pools, playgrounos. streets, bath houses, rest rooms, community center buildings, soles Offices, signs, water walls and telated pumping, stozage, operation and maintenance facilities, water and sewer lines and waste water treatment and disposal facilities. 22. SEWAGE DISPOSAL AIl lots hereunder are subject to all of the terms and conditions of Texas Department of Water Rescurces Ordes 72-1216-4, No outgide toilet or. privy, shall be erected or maintained on any jet hereundez, nor shall any sewage be disposed cf upon, in or andes say lot hereunder, except into a holding tank installed and opocutes pursuant to a license issued by the san Jacinto River Authority of ‘Texas (SUA) or into an organized disposal system operated purscant to a permit from the Texas Department of Water Resources, All plumbing, lateral lines ané holding tanks installed for the Gisposal of sewage on any lot hereunder shall conform with the require nents of the Health Department of the State of Texas, the Tones Departnent of Water Resources, the San Jacinto River Authority of Texas and the Local Health Authorities (if applicable), In the absence of an operational, approved, organized sewase Gisposal system, a licensed holding tank system will be requives for any Permanent or semi-permanent facility, except non-resideitial, installed on any lot hereunder. At such time as an organized sewage disposal system for the collection, treatment and disposal of sewage becomes available, sewage119-014-0943 disposal will be by means of seid system only end no permanent or seni- pormengnt facility, except non-residential, shall be erected, placed oF naintained on any lot hereunder uniess the ovner thereof first presents written evidence of an approved application for connection 20 seid system to the Architectural control Comitces: Within ninety days of being notified of the availability of an gyagpizes sewage disposal system ail existing permanent ox semi-permanent facilities, except non-residentizl, must be connected to said system, Self contdined ‘Sanitation systens may be used by temporary cenpers, Provided each meets the State of Toxas environmental and poltaticn Zeguletions and is constructed to be gas and odor tight. “All Sele Sortgined, sanitation systens (permanently instalied in 2 mobile canper Gz Rotor home with holding tanks, or self contained portable unica) Mlthone syucuated when needed and maintained in a sanitary condition Wathout Gor. "Self contained systens may be onptied ins desionion dump station only. Phe dumping, emptying or evacuation of sewage or waste water onto the ground or into any ditch or drainage facility within the Sabine Spends strictly prohibited. In addition, such action is a violation SEQSREREGE 26 Of the Texas Water Code and of the Texas Water Quality Board Order No. 76-1216-4 dated 12-16-76 and is subject to ciste uty griminal penalties.“ ‘The association will vigorously assist in tha’ Prosecution of any person or persona engaged in such section. 13. TRASH AND PITS No pits, oles or other excavation shall be dug on any lot in’the Subdivision except in connection with the actual construction of the foundation of the improvements to be erected thereon. No loc chait be Regd or maintained as a dumping ground for rubbish. Orash, satbase Oo other waste ‘shall not be'kept except in sanitary containers. 14. PROHIBITION OF OFFENSrVE AcrrvITES IR) No noxious, offensive or unlawful activity shall be carried $2 Spon any lot, nor shall anything be done thereon which may be or become an’ennoyance or nuisance to the neighborhood. (8) No motor vehicle may be operated within the Subdivision except on: 1, “The dediceted streets within the Subdivision as shown on the recorded plat thereo!. é 2, The paved and designated parking areas at the recreation (C) Wo dirt bikes, trail bikes, enduros or other off-road motor bikes of any kind may be operated within the Subdivision Gnder any circumstances. Motor bikes which are equippes so as to be legal for operation within public streets my be operated within the Subdivision but only within those asses set out under Sub-paragraph B. hevein inmediately anaver 15. Lov wor USED AS STREET io Tot or any part of = lot shall be used for a strect, access xoad or public thoroughfare without the prior written consont or tke Developer, its successors and assigns. 16. Lor MAINTENANCE je OMEES OF occupants of all lots shall at all times keep ail Weeds and grass thereon cut in a sanitary, healthful and sitreceice manner and shali in no event use any lot for storage of matectate ond fatipment except for normal residential and/or camping requirenecte or incident to construction of inpzovenents thereon es hovel permeeeed QR permit the accumulation of garbage, tzash or robbish of bee 'wing Ehereon and shail not burn enything. Refrigerators and ocher esne appliances shall not be placed out of doors; in the event of aceicit op the Part of the owner or occupant of any lot in sbsceving tee Ghove requirements and with such default continuing after ten 110) Sous written notice thereof, Developer or its assignee shall, without Uability to the owner or occupant in trespass, damages or othersinct119-01~0944 enter upon said let and cause to be cut such weeds and grass and ronove OF cause to be removed such carbage, trash and rubbish ox do gay other thing necessary to secure compliance with these restricsions end elon sage see, lot in a neat, attractive, healthtul and sanitary Gondition and may charge the owner or occupant of such lot for the gost of such work. The owner or occupant, as the case may ben agrees by the purchase or occupation of the property £0 aay such Giatenent immediately upon receipt thereof. ‘The mailing of ten (10) Seve written notice to the address shown on Ovners’ Contrect Of Sale Sp8il be deened’to be full compliance by Developer of this requirement. of notice. 17. sxGN BOARDS No biliboards, sign boards, unsightly objects or advertising Gisplays of any kind shall be installed, maintained or posal tien to remain on any lot of the Subdivision. 18. ANIWAL HUSBANDRY iS animals, other then dogs and cats which are household pecs, shall be kept on any lot. 19. HUWPENG AND FIRE ARMS No hunting or discharging of fire arms of any kind, including BE guns ané pellet guns, shall be permitted on any lot or within Sny part of the subdivision’ at any time. 20. WATER WELLS | No water well shell be ériled upon any lot by the ownere thereof “for ‘one “(1) year from the date hereof, nor so long thereafter as water for domestic uses shall otherwise be available ts the QuRexs ‘pfl'suia Tots; ‘but nothing herein contained shall be construed BPronibiting ‘the said peveloper, its successors, assigns oF nenieces, Hoe AgiLLing wells on the reserved area oz any lot of seid Subdivision eka ne purpose of supplying water to the owners of any property sa seid Subdivision or in any addition therate, 21. PRIVATE stkeers HLT of the roads and streets within the Subdivision are private, yitl remain private, and will be maintained from the Maintenance 2uffrements provided for herein. Additionally, the County of Nontgonery EM never be requested by Developer, the Property Owners Association, SERaRY Of the Property Owners individually to accept the roads and ~ streets for maintenance, 22. pErrNrrrons AY FAssociation" shall mean and refer to Walnut Cove Property Qwmers Association, Inc., its suecessors and assigns. The Association has the power to collect and disburse: those maintenance assessments as described in Paragraphs 23 and 24. (8) "owner" shall mean and refer to the record owner, whether ghe or more persons or entities of a fee simple ¢itle te any lot which is a part of the properties including con tract sellers but excluding those having such interests merely as security for the performance af an obligation. (Cc) "Properties" shall mean and refer to that certain real property hereinbefore described as being affected by (9) "Common Area" shall mean 211 real property, 1 any, owned now and in the future by the Association for the common use and enjoyment of the owners.119-01-G845 (2) tuot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the common areas and all reserves, () "Developer" shall mean W. C, Development, Inc. and any ; assignee of WW. C. Development, rac. to whom W. C. Develop- ment, Inc, specifically transfers ite rights and interests 3s Developer hereunder; provided, however, such transfes of -Peveloper's rights and interests must be accompanied con- gemporaneously with the conveyance to such assignor of two or more lots within the Subdivision. 23. MAINTENANCE ASSESSMENDS Developer imposes on each lot owned within the properties and proraca t= OF charges to be established and collacted as heseinneose Frovaded; , The annual assessments, together with interest, coste sty Sonueea ne Sttorney's fees, shali'be a charge on the lend and shall bo Sgceres bY 2 vendor's lien‘ uoon the property against which each acon: sects and recermteieg EeCR uch assessment, together vith inceseae SOULE ANG Feasonabie attorney's fees, shail aiso be the persone: fa rdngrange cssigned to the Association without recourse on bavereres in sny manner’ for the payment of said charye and indestedecss: “24, -PURPOSE OP ASSESSMENOS Gvely ts Gssessments levied by the Association shall be used exclus- ively to promote the recreation, health, sagety and welfnne of Gre the Gente, in the properties and'zor the improvenent and maintontce of She streets and common area. The proceeds of the resuiae anton eapenaTencs shall not be usca to reimburse Developer for any ceital Ronenditures incurred in construction of the recreation factlieiee® peoever? $0 that the Association may maintain en orderly saintcnerce « Flog tog Peveloper may fron time to tine advance funds to the seccesa~ to refer Association expenses in waich case Developer shell be eeeiisea may at eREneyORe from the Association's funds. addiction, Sess ionse Fevaat ny, tine and from time to time expend the Association's oon qunds fOr Association expenses when, as en officer or diveccon of the bpregsation, Developer'is empowered’ to do so either by the declocarten Reeiovenmnses Conditions and Restrictions for the subdivision, tr the prescigE Of IAeoKporation of the Association or by the byslaee CY Gre Poeciation: | The judgment of Developer in the expenditure of fede popetesociation expenses shali be final and without lisbiticy foe, Reveloper so long as such judgnent is exercised sn good faith. 25, MAXIMUM ANNUAL ASsessuenTS QnEIT Jenuary I, 1963, the maximun monthly assessment shal? be Sac eet Ne/100 Dollars ($3.00) per lot, for each ovner who cone othy sane aaTOr each Owner who owns more than one lot. the meximan Zor cry $¢Sessment shalt be Wine and No/100 bollass’ (59-00) pes lot seen tha fLTSt LOE and Three Dollars and 50/100 (93.50) por abe ede each additional lot. (\) From and after January 1 of the above mentioned year the maximum annual assessment may be increased each Year See Ta penan ten percent (108) above the maximun assessment for fhe Previous year without a vote of the menbership, shia increase may be cumulative. (B) The Board Of Directors shall fix the annual assessment at an gmount not in excess of the maximum allowable for any One year. 26, OWNER'S EASEMENT OF ENJOYMENT Every omer shall have @ right ana easement of enjoyment in and to the comon azea which shail be appurtenant 0 sad’ sheil ass with119-01-0946 the title to every lot subject to the following provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the connon aye (8) The kight of the Association to suspend the voting rights of Glass A members and the right to use of the recrestion facility by an ower for any period during which any sssess~ ment against his lot remains unpaid; and fora pesied noc so exceed sixty (60) days for each infraction of its published rules and regulations. (©) The right of the Association to dedicate or transfer all or any pert of the comton area to any public agency, authority oF utility for such purposes and subject to such consition, a5 may be agrocd to by the nenbers, No such dedication o- transfer shall be effective unless an instrument signed by Eworthirds (2/3) of each clase of the members agreeing te such dedication or transfer has been recorded. (0) The right of the Association, and Developer on behalf of the Association, to collect and disburse those fands as cee forth in Patagraph 25. 27. DELEGATION OF USE Any owner may delegate in accordance with the by-laws his right gf endoyment to the common area and facilities to the menbers of ioe femily, his tenants or contract purchasers who reside on the property. 28, MEMBERSHIP AND VOTING RrcHTs ivery owner Of a lot shall be a member of the Association. Menberships shall be appurtenant to and may not be sepececed from Qunership of any lot. The Association shall have two classes o¢ voting menbershipe: Glass 2 Class A menbers shall be all omers vith the exception < QF Developer and shall be entitled to one vote for each ist med. When more than one person Holds an interest in any lot, aii such persons shall be menbers. The vote on such lot Yhals’be exercised as they among themselves determine, but an no event shall more than one vote be cast with respect to'a tor, Glass B Class B members shall be Developer or its assigns and shall be entitled to three votes for each lot owned. fhe Cless menbership shall cease and be converted to Class A menbership on the happening of either of the following events, whichever oocuce gazlier: (1) When the total votes outstanding in Class A menberchip gqual the total votes outstanding in Class B membership including @uly annexed area; or (2) on January 1, 1908. The affairs of the Association shall be managed and governed ipitially by an interim board of directors composed of Lavry fevlend, im Rawson and Jerry Leanox. Such interim board of directace shalt serve until title to ninety percent (908) of lots within the Suniiei— Sion have been transferred to parties other than the Developer os patil January 1, 1988, whichever ocours first. The affairs ce che Regoctation shall be managed and governed in accordance with the by- pas of the Association to be promulgated and adopted by ‘the incectn poard of directors. Upon the expiration of the terms of the intecin The eee edirectors, directors of the Association shail be elected ty khe Association membership in accordance with the by-laws ©o°ce adopted. The Judgment of the interin board of directors in the management fo tne Pfalis of the Association shall be final and without liability to the interim board so long as such judgnent is in good sath 29. ANNEXARZON Sn overall preliminary plan showing 211 aress to be ultimately jngiuded in the Association's boundaries is on file in the office Uf the Developer.119-01-¢947 epgtantor., Lots owned by Developer are axempt from aeaeeseenet eee dete cued by Developer which are reacquired after sale te neresaee cron Shell be Lecbon G2, Saies contracts neither the lot nor the Sescieses gr aaine iible\for unpaid assesenents Hefore the tine of reser Sion dual ren, ontract Sancellation. The rate of assessment for ce iene Sual lot, within a calendar year, can change as the shurenet oe peoraceg gcnanges. The applicable asseaenent for sucha ice sell be Prorated according to the rate equired of each type of omersheny 31, EEFECT OF NONPAYMEND OF assrssMeNrs Renedigs Of the Association. Any assessment not paid within date xe G0) SSYe AFtGE the due date shall beer interest Seon the tue Seis, At the rate of ton percent (108) por annus She hacnenat fen may Bengg on, action at lew against the omer personally sbatecs ee pay the nor other oe seine, tien egainst the property. Wo emer may Pity By nonerztse escape Liability for the assesanants provided the sivcin BY non-use of the common area or abandonment of his ioye 32. SUBORDINATION OF LIEN rhe tyes Ee Sesessment provided for herein shall be subordi- Tot shell soe eee! MOY, FAFSE Mortgage. The sale or tranafer ones dor S02 noe affect the assesenent Lion. However, the ese oo tog Teen ened PUrenant. to mortgage foreclosize or any preceeding Te pammettereot, shall extinguish the lien of auch sasceemnee oe ed Prinsfer erage berone due prior to such sale or transfers Nevstve or thoreatpectail eelieve such lot from liability of any ences noes 83. RESERVES ~ Robwithatanding anything herein to the contrary, Reserves C, D, Bungece” eo eks Hyatt .Ny Or Pr Q and x shall be unrestxicces sea hoe subject, to the linitations expressed herein, axcest se ietiroe! 3 Pagers 2 shell be naintained for the ase aud enjoveent of the which ape’ OF Qreupants of those lots within Walnut Cove sober telon ghich abut said Reserve. ‘such use and enjoymant by Cove abutting los Conroe. nen COCRpaRES shai be limitea to purposes of access ed Lote forties of Fe particularly, ach abutting lard owner sey eee ene Bie enteee ReSCEYS, P which’ is ahove water, which ts contaleed nethin meter tensions of his sige lot lines fron hie rear lor iain aos parpose C0¢ within Reserve P. the use of this ares chall be fen the Bere ee ya eee efron auch abutting lot owner's lot £0 the carer Ehoneetse within the canals which are within Reserve Po “The” teeg for acoees TAY,De used by the sala abutting lot comers’ and/or sretants fer ecess to and from Lake Conroe to which such conats mecna® Wanove: egnstanding the restrictions set out in (1) innédiately any tine wey, $S-Association and/or Developer shall have sreeeigtely, Roverve Sine ix" time to tine, to enter upon any and all portant’ oe OF the coneee GRE Purpose of saintaining the proper grade of whe eee Of the canals within Reserve P and for the pursore oF maintaining the Proper gzade and depth of the bottons of the cecats’ 34, BNPORCENE? roceeding ae ang me hy OWREE shall have the right to enforce by covenants gett iaW OF in equity all restrictions; sonaitser® the provigieesny tetas: Liens and charges now or hersattos inséeed by orepprovisions of these deed restrictions. Failure Eeite Association $F ne Sty ower ,t0 enforce any covenant oz restrictions herein stat in ne event be deened a waiver of the right <9 do Se thenfeeine®- 149-01-0948 35. SBVERABILITY Tnvalidation of any one of these covenants or restrictions by judgment or court order shali in no wise affect any other provisions which shall remain in fall force and effect. 36. AMENDMENT 90 THE ABOVE DEED RESTRICTYONS The covenants ond veetrictions of this declaration shall run with and bind the land for e term of forty (10) years from the date thin Seclaration is recorded after which tine they shall be automatienliy extended for successive periods of ten (10) years, unless a simple majority of the then owners elect to annul the restrictions. gga, "Z™ESS THE EXECUDION hereof on this the Set. aay of Rake, 22. W. C, DEVELOPMENT, Inc. By, + Bean Couch, dE-+ FfSslaent pms sot abe149-01-0949 STATE OF TEXAS = couvry oF HARRIS = BEFORE NE, ‘the undersigned authority, on this day personally jePeared 0. DEAN Couch, IR., known to me to be the person whose pane sz subscribed to the foregoing instrument, as President of Wc. Development, Inc., a corporation, and acknowledged to me that fe executed the same for the purposés and consideration thereie ene Pressed, in the capacity stated, and as the act and decd of seid corporation. Given under my hand and seal of office this the J0/ day of Maxch, 1982. Sate Of fonat aan MANE Noy ble Hare CTs in Comision Ep Oarntr 30 10-2 FILED FOR RECORD SH B62 HAR ~My : MAR 4 1902 OFy tus -ae