RESTRICTIONS FOR PHASE XIII

RESTRICTIONS FOR PHASE XIV=

THE STATE OF TEXAS = )

&nbs= p; &= nbsp; &nbs= p; &= nbsp; ) &= nbsp; KNOW LL MEN BY THESE PRESENTS:

COUN= TY OF HOOD &= nbsp; )

&nbs= p; That INDIAN HARBOR, INC., a Texas Corporation (hereinafter referred to as Dedicator), is the owner of several tracts of r= eal property in Hood County, Texas, including the lands specifically described = in Exhibit “A” attached hereto and made a part hereof for all purposes, a map and plat of which is also attached hereto, and which plat is adopted by Dedicator as its plan for subdividing said tract described into = the lots as shown thereon, as a part of INDIAN HARBOR, PHASE XIV, and being:

= &nb= sp; = &nb= sp; = Lots 308 thru 1086, 886 inclusive, 1126,

= &nb= sp; = &nb= sp; = 1128, through 1132, inclusive, and 1222 through

= &nb= sp; = &nb= sp; = 1251, inclusive, Indian Harbor, Phase XIV, = in the

Thos. Price and John Waits Survey, Hood County,

= &nb= sp; = &nb= sp; = Texas=

= WHEREAS, Dedicator desires to subdivide and plat said real property and other lands,= in installments, from time to time, so as to orderly develop the same with are= as for single family residences and areas for recreational uses, with their al= lied facilities, and has caused the above described lots, specifically described= in Exhibit “A” to be subdivided and platted as shown by the plat attached hereto; and

= WHEREAS, Dedicator desires to create and carry out an orderly plan for development, improvement and use of all the lots in INDIAN HARBOR, PHASE XIV, so as to provide for the preservation of the values and amenities in said development and maintenance of the facilities thereof for the benefit of the present an= d future owners of said lots:

= NOW, THEREFORE, INDIAN HARBOR, INC., declares that the property specifically described in Exhibit “A” designated as Lots 308 thru 1086, 886 inclusive, 1126, 1128, through 1132, inclusive, and 1222 through

1251, inclusive, Indi= an Harbor, Phase XIV, in the Thos. Price and John Waits Survey, Hood County, T= exas, is and shall be held, transferred, sold, conveyed and occupied subject to t= he covenants, restrictions, easements, charges and liens hereinafter set forth, which shall be and are hereby made to run with the land.<= /p>

EASEMENTS

= Easements designated on said plat as “Apache Trail East,” “Chippewa Trail East,” “Chippewa Trail,” “Chippewa Court,R= 21; “Cochise Trail,” and “Sonora Court,” hereinafter referred to as “Private Ways” are to provide Dedicator, its successors and assigns, and the owners of the various lots of Indian Harbor with ingress and egress to the area and facilities thereof and are reserved= as private ways, and no right of the public generally shall accrue in and to a= ny of such ways. Dedicator reserves= to itself, is successors and assigns, the right to convey said easements or ri= ghts therein to INDIAN HARBOR OWNERS ASSOCIATION, INC. (hereinafter referred to as “= ;The Association”), to be retained by said Association for the benefit of = the properties or dedication to the public as public ways and easements.

= Those portions of lots below Elevation 696 adjoining DeCordova Bend Reservoir are subject to the easements in favor of the Brazos River Authority granted in conveyance dated March 20, 1969, executed by Jenkins Garrett and recorded A= pril 14, 1969, in Vol. 149, Page 488, Deed Records, Hood County, Texas.

INDIAN HARBOR, INC. reserves to itself, its successors and assigns, an easement and right to construct and maintain in, over and across the easements and priva= te ways shown on said plat, utilities of every kind, including sewers, water mains, gas mains, power and communication lines and all pipes, lines and ot= her appurtenances in connection therewith.&nbs= p; An easement 5 feet in width is hereby reserved along each side of ea= ch lot and along the side of each lot adjoining the “Private Ways” as may be neces= sary for the installation and maintenance of said utilities and lines.

RESTRICTIONS and COVENANTS

= The restriction covenants, charges and liens set out in the dedication of INDIAN HARBOR, dated the 25^th day of September, 1969, and recorded in Vol. 154, page 88, Deed Records of Hood County, Texas, are hereby adopted as restrictions, covenants, charges and liens, running with the land hereby dedicated, and such restrictions, charges, covenants and liens and any amendments and additions made thereto, are hereby incorporated as a part hereof, except that Paragraph 6 shall read as follows: No building exceeding two stories = in height shall be erected on any lot and each residence shall have a minimum floor area of 1,000 square feet, exclusive of porches, stoops, open or clos= ed carports, patios or garage.

&= nbsp; Specifically excepted from this dedication are Lots 1115, 1127, 1133 and 1134, Indian Harbor, Phase XIV, Hood County, Texas, said lots not being part of the property hereby dedicated and set out as subject to the herein described restrictions and covenants.

EXECUTED this th= e 15^th day of March, 1972.

INDIAN HARBOR, INC.

ATTEST:

/s/ Betty June L= ewis &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; s/ Obie P. Leonard, Jr.

= Betty June Lewis, Secretary &nb= sp; = &nb= sp; = &nb= sp; = Obie P. Leonard, Jr.

&nb= sp; Vice-President

THE STATE OF TEXAS &= nbsp; )

)

COUNTY OF TARRANT &= nbsp; )

= BEFORE ME, the undersigned, a Notary Public in and for said County a= nd State, on this day personally appeared Obie P. Leonard, Jr., as Vice-Presid= ent, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said INDIAN HARBOR, INC., a corporation, and that he executed the same as t= he act of such corporation for the purposes and consideration therein expresse= d, and in the capacity therein stated.

GIVEN UNDE= R MY HAND AND SEAL OF OFFICE this the 15^th day of March, 1972.

/s/ Wanda Shepelwich

Notary Public in= and for

Tarrant County, Texas

Recorded in Volume 182, Page 539, Deed Records of Hood County, Texas

RESTRICTIONS FOR PHASE I

THE STATE OF TEXAS )

) = KNOW ALL MEN BY THESE PRESENTS =

<= span style=3D'font-size:11.0pt'>COUNTY OF HOOD &= nbsp; )

<= /span>

That INDIAN HARB= OR, INC., a Texas Corporation (hereinafter referred to as Dedicator) is the own= er of several tracts of real property in Hood County, Texas, including the lan= ds described in Exhibit “A” attached hereto and made a part hereof= for all purposes, a map and plat of which is also attached hereto, and which pl= at is adopted by Dedicator as its plan for subdividing said tracts into lots a= nd blocks as shown thereon, the same to be known as “INDIAN HARBOR.̶= 1;

WHEREAS, Dedicat= or desires to subdivide and plat said real property and other lands, in installments, from time to time, so as to orderly develop the same with are= as for single family residences and areas for recreational uses, with their al= lied facilities, and has caused the above described portion to be subdivided and platted as INDIAN HARBOR, an Addition in Hood County, Texas, as shown by the plat attached hereto; and

WHEREAS, Dedicat= or desires to create and carry out an orderly plan for development, improvement and use of all the lots in INDIAN HARBOR, so as to provide for the preserva= tion of the value and amenities in said development and the maintenance of the facilities thereof for the benefit of the present and future owners of said lots:

NOW, THEREFORE, = INDIAN HARBOR, INC., declares that the above described property designated as INDI= AN HARBOR is and shall be held, transferred, sold, conveyed and occupied subje= ct to the covenants, restrictions, easements, charges and liens hereinafter set forth, which shall be and are hereby made to run with the land. I

SUBDIVISION RESTRICTIONS

INDIAN HARBOR SUBDIVISION<= /p>

Dedicator (or an Architectural Committee appoint= ed by Dedicator) shall have the right to enforce the restrictions contained herei= n.

1. There shall be established an Architectural Committee composed of three (3) members appointed by Dedicato= r to protect the owners of lots in this Subdivision against such improper use of lots as will depreciate the value of their property; to preserve so far as practicable, the natural beauty of said property; to guard against the erec= tion thereon of poorly designed or proportioned structures and structures built of improper o= r unsuitable materials, to obtain harmonious architectural schemes; to insure the highest and best development of said property; to encourage and secure the erection= of attractive homes to secure and maintain proper setbacks from streets and adequate free spaces between structures; and, in general to provide adequat= ely for a high type of quality of improvements= in said property; and thereby to enhance the value of investments ma= de by purchasers of lots therein.

The Dedicator or= the Architectural Committee, and the officers and members thereof shall not be deemed to have assumed any liability with regard to any undertaking by consequence of its enactment and enforcement of, or failure to enact or enf= orce minimum standards for, any improvements, and no act or omission shall be construed to impose any liability upon the undersigned, said Architectural Committee, or the officers and members thereof for damages which any grante= e of property in INDIAN HARBOR Subdivision may sustain.

2. No lot shall be further subdivided except that fractions of lots may be separated to add to space of whole lot= s if the combination of whole and fractional lots is used as a single building s= ite and if all other provisions of these subdivision restrictions are complied with. No lot or any part of a= lot shall be used for a street, access road or public thoroughfare without the prior written consent of the Dedicator, its successor and assigns.

3. If the owner of any lot in said Subdivision, or any other person, shall violate any of the covenants herein, shall be lawful for any other person or persons owning any real property situated in said Subdivision to prosecute any proceedings at law or in equi= ty against the person or persons violating or attempting to violate any such covenant and either prevent him or them from so doing or to recover damages= or other dues for such violations, or both.

4. All lots are restricted to use for single family residential purposes only and no building shall be erected or maintained on any residential lot in said Subdivision other than a private residence, a private boathouse, and a private garage for the sole use of the owner or occupant.

5. No existing building or structure = of any kind and no part of an existing building or structure shall be moved onto, placed on, and permitted to remain on any lot (except with the written appr= oval of the Dedicator or Architectural Committee). All construction must be of n= ew material, except stone, brick or other materials used for antique decorative effect if such used is approved in writing by the Architectural Committee.<= span style=3D'mso-spacerun:yes'> No sheet metal (except for Boathou= ses) or tar paper type roof or siding materials will be used on any structure. All buildings other than boathouses shall be completely underpinned, with no piers or pilings exposed to view.<= span style=3D'mso-spacerun:yes'> No natural drainage shall be alter= ed, nor shall any drainage ditch, culvert, nor drainage structure of any kind be installed nor altered, nor shall any curb nor other such impediment to the = free flow of water be installed nor altered, without prior consent of the Architectural Committee.

6. No building exceeding two stories = in height shall be erected on any lot, and each residence shall have a minimum floor area of 850 square feet, exclusive of porches, stoops, open or closed carports, patios or garages.

7. No building, fence, or other struc= ture or improvements shall be erected, placed or altered on any lot until two co= pies of the constructions plans and specifications of all exterior materials and= a plan showing the proposed location of the structure, have been submitted to= and approved in writing by the Dedicator or Architectural Committee as to harmo= ny of external design with existing structures and as to location with respect= to topography and finish grade elevation.&nbs= p; If construction is not commenced within eight (8) month of such approval, the approval shall be null and void unless an extension is grante= d in writing.

8. No buildings, fence or structure o= f any kind shall be located on any lot nearer to the front lot line than 25 feet; provided, such setback may be waived by Dedication as to individual lots wh= ere deemed by Dedicator appropriate because of the terrain of such lot. For the purpose of this covenant, = caves, steps and open porches shall be considered as a part of a building. Lots shall “front” on = the adjoining private way; corner lots shall be deemed to “front” on the way adjoining the shortest lot line. No part of any structure shall be erected or maintained closer than 7 feet to any side lot line. <= /span>

9. No animals or birds, other than household pets, shall be kept on any lot.

10. The lot shall be kept clean and fr= ee of trash, garbage, and debris at all times, and fires must be contained in a s= afe enclosure.

11. No outbuilding or garage, other th= an a boathouse, shall be erected on any lot before a residence is constructed thereon, and no outbuilding, boathouse, basement or garage erected on any l= ot shall at any time be used as a dwelling, temporary or permanently, nor shall any shack be placed on any lot, nor shall any residence of a temporary character be permitted. No mo= bile home shall be placed on any lot except that on any lot on which a residence= has been constructed there may be parked one camper or travel type trailer of n= ot more than 25 feet in length, but no trailer or mobile home shall be occupie= d or used as a temporary or permanent residence while parked on said lot except during the allowed 6 months construction period allowed for a dwelling ther= eon; and an approved septic tank must be installed prior to occupancy.

12. Easements are hereby reserved by Dedicator in INDIAN HARBOR as shown on = the plat filed of record herewith. Said easements shown on the recorded plat of INDIAN HARBOR are for construction, operation and perpetual maintenance of conduits, poles, wires and fixtures = for electric lights, gas lines, telephones, water lines, sanitary and storm sew= ers, road drains and other public and quasi-public utilities and to trim any tre= es which at any time may interfere or threaten to interfere with the maintenan= ce of such lines, with right of ingress to and egress from across said premise= s to employees of said utilities.

It is understood= and agreed that it shall not be considered a violation of the provisions of the easement if wires or cables carried by such pole lines pass over some porti= on of said lots not within the easements as long as such lines do not hinder t= he construction of building on any lots in this Subdivision.

The Dedicator an= d/or its designees may, on any lot and/or lots then owned by it, construct, maintain, use and allow to be used by others, parks, swimming pools, recreational facilities, playgrounds, boat launching areas, community center buildings, sales offices, water wells and related pumping, storage, operati= on and maintenance facilities, and the like, and numbered paragraphs 4, 5, 6 a= nd 8 hereof shall not apply thereto. The Dedicator reserves the right to remove sales office from said Subdivision. =

13. No outside toilet or privy shall be erected or maintained in the Subdivision.&= nbsp; The materials installed in, and the means and methods of assembly of, all plumbing shall conform with the requirements of the Health Department of Hood County and the State of = Texas.

14. Each owner o= f property (including purchasers under contracts of sale) shall apply for membership in the INDIAN HARBOR OWNERS ASSOCIATION, and if approved for membership must be and remain a member of said INDIAN HARBOR OWNERS ASSOCIATION. An assessment is hereby made as to= each lot in this Subdivision of (i) $1,50 per month per lot, the owner of which = owns only one lot in said Subdivision, and (ii) an additional $1.00 per month per lot in said Subdivision in respect to all lots in excess of one owned by the same owner for the maintenance and construction of swimming pools, recreati= onal facilities, playgrounds, boat launching areas, parks, roads, and other improvements in INDIAN HARBOR Subdivision; “owner” as used here= in shall include purchasers under contracts of sale. The assessment shall accrue from t= he date of the contract of sale. Such assessment shall be and is hereby secured by a lien on each lot in this Subdivision, respectively, and shall be payable to INDIAN HARBOR OWNERS ASSOCIATION (a Texas non-profit corporation), its successors and assigns, t= he owner of said assessment funds on May 31^st of each year commenci= ng in 1970, at which date in the year 1970 and in successive years said assess= ment lien shall conclusively be deemed to have attached, and there shall be no l= ien securing said assessment until May 31^st of each such year. Said assessment lien shall be juni= or and subordinate to any lien which may be placed on any lot or any portion of any lot as security for any interim construction loan and/or any permanent loan= for financing improvements on said lot, and/or any purchase money loan for any = lot on which a dwelling or building complying with these restrictions has theretofore been constructed. Said assessment shall not accrue in respect to any lot during such time as the o= wner (or any person as purchaser from INDIAN HARBOR, INC., under a contract to purchase then in force) of such lot, after having made written application = for membership in said INDIAN HARBOR OWNERS ASSOCIATION, is refused membership = (or having been admitted is involuntarily expelled from membership) in said Association, it being understood that said swimming pool, park and recreati= onal area are for the sole use and benefit of the members of said Association and their families. 75 per cent o= f the voting stock of the Association shall be retained by Dedicator until such t= ime as the voting rights shall be transferred to the membership at large, in accordance with the by-laws of the Association.

15. Any building, structures or improv= ement, commenced upon any lot shall be completed as to exterior finish and appeara= nce, within six (6) months from the commencement date. No lot or portion of any lot shall= be used as a dumping ground for rubbish or trash, nor for storage of items or materials (except during construction of a building), and all lots shall be kept clean and free of any boxes, rubbish, trash, or other debris. The undersigned shall have the rig= ht to enter the property where a violation exists under this paragraph and remove= the incomplete structure or other items at the expense of the offending party.<= span style=3D'mso-spacerun:yes'>

16. On waterfront lots where the rear = lot line coincides with the Brazos River Authority boundary line for Granbury Lake, any construction of boat docks, piers or other structures below elevation 6= 93 feet shall not be commenced until written permission has been received from= the Brazos River Authority, Waco, Texas.

17. No water wells shall be drilled up= on any of the said numbered lots by the owners so long as water for domestic uses shall otherwise be available to the owners of said lots, but nothing herein contained shall be constructed as prohibiting INDIAN HARBOR, INC., its successors, assigns, or nominees, from drilling and equipping a well or wel= ls on any property located in or near the Subdivision for the purpose of suppl= ying water to the owners of any property in said Subdivision or in any addition thereto.

18. These restrictions, covenants, and conditions may be enforced by Dedicator herein or by the owner of any lot i= n INDIAN HARBOR either by proceedings for injunction or to recover damages for breach there= of, or both. However, only the Association heretofore referred to, its successors or assigns, may file sui= t to collect any of the charges and expenses mentioned in these restrictions, covenants, and conditions to enforce foreclosure of any lien therein grante= d, with said suit to be filed in any court of competent jurisdiction and with venue to be in Hood County, Texas.

19. These restrictions, covenant, and conditions are to run with the land and shall be binding on all parties and= all persons claiming under them for a period of twenty-five years from the date= of such restrictions, covenant, and conditions shall be automatically extended= for successive periods of ten years unless an instrument signed by a majority of the lot owners of lots covered hereby has been recorded, agreeing to a chan= ge in said restrictions, covenants, and conditions in whole or in part. <= /o:p>

20. If any portion of these restrictio= ns, covenants, and conditions shall be declared invalid by judgment or Court or= der, it shall not affect the validity of any other provisions or portion thereof= .

EXECUTED this th= e 26^th day of September, 1969.

INDIAN HARBOR, INC.

ATTEST: = &nb= sp; = &nb= sp; = /s/ R. W. Leonard

R. W. Leonard, Preside= nt

/s/ Betty June Lewis

Betty June Lewis, Secretary

THE STATE OF TEXAS )

)

= COUNTY OF TARRANT )

BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared R.W. LEONARD, Vice-President of INDIAN HARBOR, INC., kn= own to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said IN= DIAN HARBOR, INC., a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFF= ICE this the 26^th day of September, A.D. 1969.

/s/ Phyllis Patras

Notary Public, <= st1:place w:st=3D"on">Tarrant County, Texas

Recorded in Volume 154, Page 88

Deed Records of Hood County, Texas

AMENDED ASSESSMENTS

INDIAN HARBOR SUBDIVISION<= /p>

THE STATE OF TEXAS )

) = KNOW ALL MEN BY THESE PRESENTS =

<= span style=3D'font-size:11.0pt'>COUNTY OF HOOD &= nbsp; )

On May 23, 1998 at a Special Membership Meeting = a vote to increase the monthly assessments to $20.00 per month per lot was passed = by a majority vote of the Property Owners of Indian Harbor Subdivision. The Special Membership Meeting was called per the By-Laws with proper notification given to every Property Own= er as defined in Article Six, Section 2, and 3. To wit: An assessment is hereby made of $2= 0.00 as to each lot per month per lot in all phases of said Subdivision, said assessment being for the maintenance and construction of swimming pools, recreational facilities, playgrounds, boat launching areas, parks, roads and other improvements in Indian Harbor Subdivision. Said assessments shall be payable = to INDIAN HARBOR OWNERS ASSOCATION, INC. (a Texas non-profit corporation). This= vote to increase the monthly assessments supersedes all prior assessment changes either by vote of the Property Owners or the original or amended deed restr= ictions.

&= nbsp; BEFORE ME, the undersigned, a Notary Public in and for said County and State, on t= his day personally appeared LESTER COX, President of INDIAN HARBOR OWNERS ASSOCIATION, INC., BOARD OF DIRECTORS, and LORENIA WRIGHT, Vice-President of INDIAN HARBOR OWNERS ASSOCIATION, INC., BOARD OF DIRECTORS known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.

&= nbsp; &nbs= p; GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 10^th day of January, 2= 007.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; /s/ Jacalyn Denholm

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Notary Public, <= st1:place w:st=3D"on">Hood County, Texas

/s/ Lester Cox

President Board of Directors

Indian Harbor Owner’s Association

/s/ Lorenia Wright

Vice-President Board of Directors

Indian Harbor Owner’s Association

Recorded January 10, 2007 in Vol. 2266 Page 733