RESTRICTIONS FOR PHASE XVIII

AMENDED RESTRICTIONS FOR PHASE XVI= II

THE STATE OF TEXAS )

) &nb= sp; KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF HOOD&n= bsp; = ; )

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 XVIII, and being:

Lots 1455 thru 1671, inclusive, Thomas Price

Survey, Abstract 439, Hood County, Texas; and

WHEREAS, Dedicator des= ires to subdivide and plat said real property and other lands, in installments, from time to time, so as to orderly develop the same with areas for temporary or permanent single family residences, areas for campsites, and areas for recreational uses, with all allied facilities, and has caused the above described portion to be subdivided and platted as INDIAN HARBOR PHASE XVIII= , 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, PHASE XVIII, 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 above described property and more particular= ly described by metes and bounds in Exhibit “A” is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, which shall be and are hereby made= to run with the land.

EASEMENTS

Easements design= ated on said plat as Apache Trail East, Lands End, Cuilco Court, Navajo Road Wes= t, Navajo Road North, Navajo Road East, Angelina Trail, Sonora Trail, Boquillas Road West Boquillas Road North, Boquillas Road East, Totem Trail, and Tomah= awk Trail, 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 acc= rue in and to any of such ways. Dedicator reserves to itself, its successors and assigns, the right = to convey said easements or rights therein to INDIAN HARBOR OWNERS ASSOCIATION, INC. (hereinafter referred to as “The Association”), to be reta= ined 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, PHASE II, (Mobile Home Restrictions), dated the 24^th day= of September, 1970, and recorded in Vol.162, page 83, Deed Records of Hood Cou= nty, Texas; are hereby adopted as restrictions, covenants, charges and liens, running with the following described lots, to-wit:

Lots 1651 thru 1671, inclusive, Thomas Price

Survey, Abstract 439, Hood County, Texas,=

and such restrictions, charges, covenants, and liens and any amendments and additions made theret6o, are hereby incorporated as a part hereof.

Specifically exc= epted from this dedication are Lots 1455 thru 1458, inclusive, and Lots 1476 thru 1483, inclusive, Thomas Price Survey, Abstract 439, Indian Harbor Subdivisi= on, Phase XVIII, Hood County, Tex= as, said lots being

the Sanitation Facility and not part of the property hereby dedicated and set o= ut as subject to the herein described restrictions and covenants.

The restrictions, covenants, charges and liens hereinafter set out are hereby adopted as restrictions, covenants, charges and liens, running with the following described lots, to-wit:

Lots 1459 thru 1475, inclusive, and Lots 1484

thru 1650, inclusive, Thomas Price Survey,<= /o:p>

Abstract 439, Hood County, Texas.

SUBDIVISION RESTRICTIONS FOR CAMPSITE AND CABIN = LOTS

INDIAN HARBOR SUBDIVISION, PHASE XVIII,

HOOD COUNTY, TEXAS

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 or maintenance 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 set backs from street and adequate free spaces between structures; and, in general to provide adequately for a high type of qualit= y of improvements in said property= ; and there to enhance the value of investments made by purchasers of lots therei= n.

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, Phased XVIII, may sustain.

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

Temporary reasonable off stre= et parking of campers, cars, trailers and boats and boat trailers shall be permitted; however, any unreasonable off street parking by any owner shall = be subject to limitation and restriction by the Architectural Committee. No parking of cars, trailers, camp= ers, 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 standards outlined herein and charge the care and maintenance of said l= ot to the owner.

No major car rep= airs or overhauling of cars will be permitted in the park; any television antenn= ae 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 directly to the front or rear of the lot= and not to the side of any lot, unless for good cause shown the Architectural Committee 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 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 succes= sor 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 to prevent him or them from so doing or to recover dama= ges 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 and cabins.

5. No natural drainage shall be alter= ed, nor shall any drainage ditch, culvert, nor drainage structure of any kind be installed or altered, nor shall any curb nor other impediment to the free f= low of water be installed nor altered, without prior consent of the Architectur= al Committee.

6. No temporary or permanent structur= e of any kind, except a fence, shall be located on any lot nearer to the front l= ot 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 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 f= ront line must be located 10 feet from

the front property line.

Phase XVIII, Amended October 26, 2006

7. Any accessory to a cabin, storage building or RV rated unit shall be considered to be a part of the temporary= or permanent structure, exclusive of carports, patios and awnings. =

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

9. All lots in Phase XVIII as describ= ed above may be lived in on a temporary or permanent basis by owners. 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 the Phase XVIII shall be so conducted = as to create no health hazards or air pollution, rodent harborage, insect bree= ding areas, accident or fire hazards; if refuse is collected at the individual l= ots, it shall be stored in flytight, watertight, rodent proof containers, which shall be located at each lot. Containers 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 pests.

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 connections are provided to temporary or permanent structures (any cabin, storage building or RV rated unit) they shall include an approved disconnec= tion device and over current protective equipment; the minimum service per unit shall be 120 volts AC, 30 amperes.

If provided, cooking, 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 (cabin, storage building, carport, awning or RV rated unit) will be maintai= ned 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 Phase XVIII as shown on the plat filed of record herewith. Said easements shown on the recorded pl= at of Indian Harbor Phase XVIII 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 understood a= nd agreed that it shall not be considered a violation of the provision 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 use of said lots in 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 remai= n a member of said INDIAN HARBOR OWNERS ASSOCIATION. An assessment is hereby made= as to each lot in this Subdivision of (i) $3.00 per month per lot, the owner of w= hich owns one lot in said Subdivision, and (ii) an additional $2.00 per month per lot in said Subdivision in respect to all lots in excess of one owned 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, playground, boat launching areas, parks, ro= ads and other improvements in INDIAN HARBOR Subdivision; “owner” as used herein shall include purchasers under contracts of sale. The assessment shall accrue from the date of the contract of sale. Such assessment shall be and is he= reby secured by a lien on each lot in this Subdivision, respectively, and shall be payab= le to INDIAN HARBOR OWNERS ASSOCIATION (a Texas non-profit corporation), its successors and assigns, the owner of said assessment funds, on September 30= ^th of each year after 1971, after which date in the year 1971 or on September = 30^th of the year any lot is purchased whichever is later and in successive years said assessment lien shall conclusively be deemed to have attached, and the= re shall be no lien securing said assessment until September 30^th of each such year.

Said assessment = lien shall not accrue in respect to any lot during such time as the owner (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 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 s= tock of the Association shall be retained by Dedicator until such time as the vo= ting rights shall be transferred in 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 so long as water for domestic =

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 equip= ping a well or wells on any property

located in or near the in the Subdivision for the purpose of supplying water to the= owners of any property in said Subdivision or in any addition thereto.<= /span>

Phase XVIII, Amended October 26, 2006

17. 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. =

18. These restrictions, covenants and conditions are to run with the land and shall be binding on all parties and= all persons claiming them for a period of 25 years from the date of such restrictions, covenants and conditions and filed in the Deed Records of Hood County, Texas, after which time said restrictions, covenants 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 change in said restrictions, covenants, and conditions 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 provision or portion thereof.=

THE STATE OF TEXA= S )

)

COUNTY OF HOOD &= nbsp; )

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 ASSOCIATI= ON, INC., BOARD OF DIRECTORS, and GERAL CROSS Vice-President of INDIAN HARBOR OWNERS ASSOCIATION, INC., BOARD OF DIRECTORS known to me to be the person and o= fficer 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 they 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 October, 2006.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; /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 XVIII

Originally Recorded in Vol. 184, Page 285

Amended June 9, 2006 in Vol. 2207, Page 198

Amended October 26, 2006 Recorded in Vol. 2247 Pages 137-140