RESTRICTIONS FOR PHASE IX

AMENDED RESTRICTIONS FOR PHASE IX

THE STATE OF TEXAS= &= nbsp; )

) = KNOW ALL MEN BY THESE PRESENTS =

COUNTY OF HOOD &= nbsp; )<= /b>

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     That INDIAN HARB= OR, INC., a Texas Corporation (hereinafter referred to as Dedicator) did on Jan= uary 4, 1972, execute a Declaration of Subdivision known as INDIAN HARBOR PHASE = IX, said Declaration being recorded in Volume 177, Page 61 of the Records of Ho= od County, Texas; and

WHEREAS, said Declaration of Subdivision covers the property described therein and d= epicted on the plat attached thereto, said covered property being described as foll= ows:

Lot 648 thru 745, inclusive, and Lots 750 thru

847, inclusive, Thomas Price Survey, Abstract

439, Hood County, Texas; and

      WHEREAS, said Declaration of Subdivision creates and reserves with respect to said land certain easements designated on said plat and referred to as “Private Ways” and said Declaration also reserves to Dedicator certain utility easements as specified therein; and;

     WHEREAS, said Declaration of Subdivision also adopts, creates and reserves certain restrictions, covenants, charges and liens on the above described land, the same being described by reference to and incorporation of those set out in = the Declaration of Subdivision of INDIAN HARBOR PHASE II, which is dated Septem= ber 24, 1970, and recorded in Volume 162, Page 83 of the Records of Hood County, Texas; and

     WHEREAS, the afo= resaid adoption and incorporation by reference of the restrictions, covenants, cha= rges and liens set out in the said Declaration of Subdivision of INDIAN HARBOR P= HASE II was made in error and by inadvertence and the same are inappropriate for= use in INDIAN HARBOR PHASE IX; and



     WHEREAS, Dedicat= or desires to correct said error and substitute the correct restrictions, covenants, charges and liens for the benefit of the owners of lots in INDIAN HARBOR PHASE IX and in order to prevent difficulties hereafter;<= /span>

     NOW, THEREFORE, = INDIAN HARBOR, INC. (Dedicator) does hereby rescind and delete from the aforesaid original Declaration of Subdivision of INDIAN HARBOR PHASE IX the restricti= ons, covenants, charges and liens incorporated therein by reference to and adopt= ion of the restrictions, covenants, charges and liens set out in the Declaratio= n of Subdivision of INDIAN HARBOR PHASE IX, and Dedicator does hereby substitute= in their place and stead the following restrictions, covenants, charges and li= ens to cover the land included within INDIAN HARBOR PHASE IX, running with said land, and enforceable by Dedicator, its successors, and assigns to-wit:



    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 temporary or permanent living structures built of improper or unsuitable materials and of improper size;= to obtain harmonious architectural schemes to insure the highest and best development of said property; to encourage and secure the location of attractive temporary or permanent living structures; to secure and maintain proper setbacks from streets and adequate free spaces between structures;; = and, in general to provide adequately for a high type of quality of improvements in said property= ; and thereby to enhance the value of investments made by purchasers of lots ther= ein.

    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 enforce minimum standar= ds for any improvements, and no act or omission shall be construed to impose a= ny liability upon the Dedicator,, said Architectural Committee, or the officers and members thereof for damages which any grantee of property in Indian Har= bor Subdivision, Phase IX, may sustain.

     No temporary or permanent living structure (any cabin, storage building or RV (recreational vehicle) rated unit) shall be placed on any lot that exceeds a maximum total footprint of 720 square feet, exclusive of carports patios and awnings. No building exceeding two stories = in height shall be erected on any lot. No mobile or modular rated homes are allowed in this subdivision for campsite and cabin lots. All temporary or permanent structures placed on any lot must be approved by Dedicator or the Architectural Committee.

Reasonable adequate off street parking of campers, cars, trailers, and boats and boat trailers shall be permitted; however, any unreasonable inadequate off street parking by an owner shall be subject to limitation and restriction by the Architectural committee. No p= arking of cars, trailers, campers, boats, boat trailers or similar vehicles shall = be permitted on the streets.

     Dedicator reserv= es the right to take over the care and maintenance of any lot that fails to confor= m to the standard outlined herein and charge the care and maintenance of said lo= t to the owner.

     No major car rep= airs or overhauling of cars will be permitted on any lot; any television antenna will be erected on the back half of any temporary or permanent living structure; fans for all air conditioners used in connection with temporary = or permanent structures must blow air to the front or the rear of the lot and = not to the side of any lot, unless for good cause shown the Architectural Commi= ttee shall make an exception in writing.

     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 temporary = or permanent living site and if all other provisions of these subdivision restrictions a= re complied with. No lot or any = part of a lot shall be used for a street, access road or public thoroughfare wit= hout 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 temporary or permanent residential purposes only and no perma= nent or temporary building shall be erected or maintained on any temporary or permanent residential lot except with written approval of Architectural Committee in said Subdivision for campsites or cabins.

     5. 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 temporary or permanent structur= e of any kind, except a fence hall be located on any lot nearer to the front lot line than 5 feet; provided, such setback may be waived by Dedicator as to individual lots where deemed by Dedicator appropriate because of the terrai= n of such lot. Lots shall “front” on the adjoining private way; corner lots shall be deem= ed to “front” on the way adjoining the shortest lot line. No part of any temporary or perman= ent structure shall be erected or maintained closer than 5 feet to any side of = lot line. Fences may be located o= n all property lines; including the front property line, if adequate dedicated off-street parking is provided; otherwise the front fence line must be loca= ted 10 feet from the front property line.

     7. Any accessory to a cabin, storage building or RV (recreational vehicle) rated unit shall be considered to be a part of the temporary or permanent, exclusive or carports, patios and awnin= gs.

     8. Septic tanks may be installed on a= ny single lot or any adjacent lot by an owner, provided that approval is obtai= ned from the Hood County Health Department.

     9. All lots in Phase IX as described = above may be lived in on a temporary or permanent basis by owner(s). All single family permanent reside= nces must have a septic tank (as approved by the Hood County Health Department).=

     The storage, collection and disposal of refuse in Phase IX shall be conducted as to crea= te no health hazards or air pollution, rodent harborage, insect breeding areas, accident or fire hazards; if refuse is collected at the individual lots, it shall be stored in flytight, watertight, rodent proof containers, which sha= ll be located at each lot. Conta= iners shall be provided in sufficient number and capacity to store properly all refuse. Grounds, buildings and structures shall be maintained free of insects and rodent harborage and infestation. The growth of br= ush, weeds, and grass shall be controlled to prevent harborage of noxious insect= s or other pets.

     10. Exposed ground surfaces in all par= ts of every lot shall be paved, covered with some solid material, or protected wi= th a vegetative growth that is capable of preventing soil erosion and of elimina= ting dust.

     11. Where individual electrical connec= tions are provided to temporary or permanent structures (including campers and ot= her similar vehicles) they shall include an approved disconnection device and over-current protective equipment; the minimum service per outlet shall be = 120 volts AC, 30 amperes.

     If provided, coo= king shelters, barbecue pits, fireplaces, wood burning stoves and incinerators s= hall be so located, constructed, maintained and used so as to minimize fire haza= rds and smoke nuisance. No fuel s= hall be used and no material burned which emits dense smoke or objectionable odo= rs.

     12. No animal or birds, other than hou= sehold pets (1 dog or 1 cat per lot) shall be kept on the lot.

     13. All temporary or permanent structu= res (cabins, storage building, carport, awning or RV rated unit) will be mainta= ined in good repair at all times. = The lot shall be kept clean and free of trash, garbage and debris at all times,= and fires must be contained in a safe enclosure.

     14. Easements are hereby reserved by Dedicator in Indian Harbor Ph= ase IX as shown on the plat filed of record herewith. Said easements shown on the record= ed plat of Indian Harbor Phase IX are for construction, operation and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, gas lines, telephone, water lines, sanitary and storm sewers, road drains and o= ther public and quasi-public utilities and to trim any trees which at any time m= ay interfere or threaten to interfere with the maintenance of such lines, with right of ingress to and egress from across said premises to employees of sa= id utilities.   It is unders= tood and agreed that is shall not be considered a violation of the

provisions of the easement if wires or cables carried by such pole lines pass over some portion of said lots not within the easements as long as such lines do not hinder the use of said lots of this Subdivision.

     15. Each owner of 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 PHASE IX of (i) $3.00 per month per lot, the owner of which owns only one lot in said Subdivision, and (ii) an additional $2.00 p= er month per lot in said Subdivision in respect to all lots in excess of one o= wned by the same owner for the first twelve months of ownership at which time the assessment on all lots in excess of one shall be increased to $3.00 per mon= th each, said assessment being for the maintenance and construction of swimming pools, recreational facilities, playgrounds, boat launching areas, parks, r= oads and other improvements in Indian Harbor Subdivision: “owner” as used herein shall include purchasers

Phase IX, Amended January 10, 2007

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 September 30^th of each year af= ter 1971, after which date in the year 1971 or on September 30thof the year any= lot is purchased whichever is later and in successive years said assessment lien shall conclusively be deemed to have attached,, and there shall be no lien securing said assessment until September 30^th of each such year.=

     Said assessments= shall not accrue in respect to any lot during such time as the owner (or any pers= on 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 recreational area are for the = sole use and benefits of the members of said Association and their families. Seventy Five per cent of the voting stock of the Association shall be retained by Dedicator until such time as = the voting rights shall be transferred to the membership at large, in accordance with the by-laws of the Association.

     16. No water wells shall be drilled up= on any of the said numbered lots by the owners of said lots so long as water for d= omestic uses shall otherwise be available to the owners of said lots, but nothing herein contained shall be construed 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.

     17. These restrictions, covenants, and conditions be enforced by Dedicator herein or by the owner of any lot in IN= DIAN HARBOR either by proceedings for injunction or to recover damages for breach thereof, or both. However, on= ly the Association heretofore referred to, its successors or assigns may file suit= 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.

     18. These restrictions, covenants, 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 25 years from October 6, 1970, after which time said restrictions, covenants and conditions shall be automatically extended for successive periods of ten years unless an instru= ment signed by a majority of the lot owners of lots covered hereby has been recorded, agreeing to a change in said restrictions, covenants, and conditi= ons in whole or in part.

     19. 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= .

THE STATE OF TEXA= S     )

)

COUNTY OF TARRANT=    )

     BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared LESTER COX., President of INDIAN HARBOR OWNERS ASSOCIAT= ION, INC., BOARD OF DIRECTORS, and LORENIA WRIGHT, Vice-President of INDIAN HARB= OR OWNERS ASSOCIATION, INC., BOARD OF DIRECTORS known to me to be the person a= nd officer whose name is subscribed to the foregoing instrument, and acknowled= ged to me that the same was the act of the said INDIAN HARBOR, INC., a corporat= ion, and that they executed the same as the act of such corporation for the purp= oses and consideration therein expressed, and in the capacity therein stated.

     GIVEN UNDER MY H= AND AND SEAL OF OFFICE this the 10^th day of January, 2007.

/s/ Jacalyn Denholm

     Notary Public, H= ood 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

PHASE IX (Revised)

Originally Recorded in Volume 205, Page 132

Amended January 10, 2007 Recorded in Vol. 2266 Pages 734-736