RESTRICTIONS FOR PHASE XVII

RESTRICTIONS FOR PHASE XVII

THE STATE OF TEXA= S &= nbsp; )

) KNOW= ALL MEN BY THESE PRESENTS:

COUNTY OF HOOD &= nbsp; )

That INDIAN HARB= OR, INC., a Texas Corporation (hereinafter referred to as Dedicator), is the ow= ner of several tracts of real property in Hood County, Texas, including the lan= ds specifically described in Exhibit “A” attached hereto and made a part hereof for all purposes, a map and plat of which is also attached here= to, and which plat is adopted by Dedicator as its plan for subdividing said tra= ct described into the lots as shown thereon, as a part of INDIAN HARBOR, PHASE XVII, and being:

Lots 1181 through 1221, inclusive, and 1252 thro= ugh

1296, inclusive, Indian Harbor, Phase XVII, in J= ohn

Waits Survey, Abstract 581, Hood County, Texas,<= o:p>

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 all alli= ed 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, Dedicat= or desires to create and carry out an orderly plan for development, improvement and use of all the lots in INDIAN HARBOR, PHASE XVII, so as to provide for = the preservation of the values and amenities in said development and maintenanc= e of the facilities thereof for the benefit of the present and future owners of = said lots:

NOW, THEREFORE, = INDIAN HARBOR, INC. declares that the property specifically described in Exhibit “A” designated as Lots 1181 through 1221, inclusive, and 1252 through 1296, inclusive, INDIAN HARBOR PHASE XVII, in the John Waits Survey= , Abstract 581, Hood County, Texas is and shall be held, transferred, sold, conveyed a= nd occupied subject to the covenants, restrictions, easements, charges and lie= ns hereinafter set forth, which shall be and are hereby made to run with the l= and.

EASEMENTS

Easements design= ated on said plat as “Apache Trail East,” “Conejos Trail,̶= 1; “Conejos Trail,” “Conejos Court,”“Chisholm Tr= ail North,” and “Blackhawk 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 a= nd 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 any of such ways. Dedicator reserves to itself, its successors and assigns, the right to convey said easements or rights therei= n to INDIAN HARBOR OWNERS ASSOCIATION, INC. (hereinafter referred to as “T= he 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 o= f 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 April 14, 1969, in Vol. 149, Page 488, Deed Restrictions, Hood County, Texas.

INDIAN HARBOR, I= NC. reserves to itself, its successors and assigns, an easement and right to construct and maintain in, over and across the easements and private ways s= hown on said plat, utilities of every kind, including sewer, water mains, gas ma= ins, power and communication lines and all pipes, lines and other appurtenances = in connection therewith. An ease= ment 5 feet in width is hereby reserved along each side of each lot and along the = side of each lot adjoining the “Private Ways” as may be necessary for the installation and maintenance of said utilities and lines.

RESTRICTION= S AND COVENANTS

The restrictions, covenants, charges and liens set out in the dedication of IND= IAN HARBOR, dated the 25^th day of September, 1969, and recorded in V= ol 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 theret6o, 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 feed, exclusive of porches, stoop= s, open or closed carports, patios, or garages.

RESTRICTIONS FOR PHASE I

THE STATE OF TEXAS= &= nbsp; )

) = KNOW ALL M= EN BY THESE PRESENTS =

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

<= /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 or 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 pro= vide adequately for a high type of quality of improvements in said property; and thereby to e= nhance the value of investments made 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 record= ed plat of INDIAN HARBOR are for construction, operation and perpetual mainten= ance of conduits, poles, wires and fixtures for electric lights, gas lines, telephones, water lines, sanitary and storm sewers, road drains and other 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 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, recrea= tional facilities, playgrounds, boat launching areas, community center buildings, sales offices, water wells and related pumping, storage, operation and maintenance facilities, and the like, and numbered paragraphs 4, 5, 6 and 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 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 this Subdivision of (i) $1,50 per month per l= ot, 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 lo= ts in excess of one owned by the same owner for the maintenance and constructi= on of swimming pools, recreational facilities, playgrounds, boat launching are= as, parks, roads, and other improvements in INDIAN HARBOR Subdivision; “owner” as used herein shall include purchasers under contracts= of sale. The assessment shall ac= crue from the date of the contract of sale.&nbs= p; 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

Phase I

swimming pool, park and recreational area are for the sole use and benefit of the members of said Association and their

families. 75 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.

     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 L= ake, 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 in INDIAN HARBOR either by proceedings for injunction or to recover damages for breach thereof, or both. Howe= ver, only 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 granted, with said suit to be filed in any court of competent jurisdiction and with venue to be in Hood County, Texas.<= /p>

     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:        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;        /s/ R. W. Leonard

     R. W. Leonard, President

/s/ Betty June Lewis

     Betty June Lewis, Secretary

PHASE I