RESTRICTIONS FOR PHASE X

RESTRICTIONS FOR PHASE X

THE STATE OF T= EXAS &= nbsp; )

) KNOW ALL M= EN BY THESE PRESENTS:

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

     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= X, and being:

Lot 432 thru 443, inclusive, 445 thru 452, =

inclusive, 468 thru 497, inclusive, 513 thru

529, inclusive, 541, 746-A, 904 thru 909, <= /o:p>

inclusive, and 917 thru 919, inclusive, John

Waits Survey, Hood County, Texas

     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 and multi-family residences with areas for mobile homes a= nd areas for recreational uses, with their allied facilities, and has caused t= he 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 X, 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 above described and more particular= ly described by metes and bounds in Exhibit “A” is and shall be he= ld, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, which sha= ll be and are hereby made to run with the land.

EASEMENTS

     Easements design= ated on said plat as Mojave Trail, Brazos Drive, Bonita Drive, Marana Drive, Gol= iad Drive and Goliad Court, hereinafter referred to as “Private Ways̶= 1; 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 genera= lly shall accrue in and to any of such ways.&n= bsp; 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 easement 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 Records of Hood County, Texas. <= /p>

     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 sewers, water mains, gas mains, power and communication lines and all pipes, lines and other 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 necessary for the installation and maintenance of said utilities and lines.

RESTRICTIONS AND COVENANTS

     The restrictions, covenants, charges and liens set out in the dedication of INDIAN HARBOR, da= ted 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 following described lots, to-wit:

Lots 423 thru 439, 445 thru 450,

inclusive, 468 thru 474, inclusive, 479,

487 thru 497, inclusive, 513 thru 519, inclusive=

746-A, 904 thru 906, inclusive and 917 thru=

919, inclusive, John Waits Survey, Hood

County Texas.

and such restrictions, charges, covenants, and liens and any amendments and additions made thereto, are hereby incorporated as a part hereof, except th= at Paragraph 6 shall read as follows: No building exceeding two stories in hei= ght shall be erected on any lot and each residence shall have a minimum floor a= rea of 1,000 square feet, exclusive of porches, stoops, open or closed carports, patios or garage.

     The restrictions, covenants, charges and liens set out in the dedication of INDIAN HARBOR, PH= ASE II, (Mobile Home Restrictions), dated the 24^th day of September,= 1970, and recorded in Vol. 162, Page 83, Deed Records of Hood County, Texas, are hereby adopted as restrictions, covenants, charges and liens, running with = the following described lots, to-wit:

Lot 440 thru 443, inclusive, 451 and 452,

475 thru 478, inclusive, 480 thru 486 inclusive,=

52= 0 thru 529, inclusive, 541, and 907 thru 909,

inclusive, John Waits Survey,<= /b>

Hood County, Texas.

and such restrictions, charges, covenants, and any amendments and additions mad= e thereto, are hereby incorporated as a part hereof.

     EXECUTED this th= e 3^rd 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.

     Vice-President

     THE STATE OF TEX= AS        &= nbsp;       )

)

     COUNTY OF TARRAN= T        &= 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 3^rd day of March, 1972.

/s/ Phyllis Patra

     Notary Public in= and for

     Tarrant County, = Texas

     Recorded in Volu= me 179, Page 140, Deed Records of Hood County, Texas

     PHASE X

RESTRICTIONS FOR PHASE II<= /p>

THE STATE OF TEXAS=         &= nbsp;   )

)        =      KNOW ALL MEN 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 PHASE II”

      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 PHASE II, an Addition in Hood County, Texas, as sh= own 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 II so as to provide for the preservation of the value and amenities in said development and the mainten= ance 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 PHASE II is and shall = be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth, which sha= ll be and are hereby made to run with the land.

SUBDIVISION RESTRICTIONS
INDIAN HARBOR SUBDIVISION, PHASE II

Hood County, Texas

(Mobile Home Lots)

     Dedicator (or an Architectural Committee appointed by Dedicator) shall have the right to enf= orce the restrictions contained herein.



    1. A. There shall be established an Architectural Committee composed of th= ree (3) members appointed by Dedicator 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 sa= id property; to guard against the erection thereon of poorly designed or proportioned mobile homes on mobile homes structures and structures on mobi= le homes built of improper or un= suitable materials and of proper size, 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 setba= cks 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 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      &= nbsp;    INDIAN HARBOR Subdivision, Phase II, may sustain.

     B. All mobile homes shall be skirted = with 30 days after being moved into Indian Harbor with type of skirting to be approved by the Dedicator or the Architectural Committee. All doors on underpinning must be = kept closed.   Coaches which a= re blocked higher then two inches above the patio must be skirted between the patio and the coach. All wood= en steps and all wood accessories outside the mobile home must be painted and = of good appearance.

     No mobile home s= hall be placed on any lot that are not of a minimum size to 480 square feed, and= all mobile homes placed on any lot must be approved by Dedicator or the Architectural Committee.

     Reasonable parki= ng of cars, trailers and boats and trailers shall be permitted; however, any unreasonable parking by any owner shall be subject to limitation and restriction by the Architectural Committee.

     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= ots to the owner.

     No major care re= pairs or overhauling of cars will be permitted in the park; any television antenn= ae will be erected on the back half of each mobile home; fans for all air conditioners used in connection with mobile homes must blow air directly to= the front or rear of the lot and not to the side of any lot. =



     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 new 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, fence, or other struc= ture or improvements shall be erected, placed or altered on any lot until two co= pies of the construction plans and specifications, including specifications of a= ll exterior material 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 harmony of external design with existing structures and as = to location with respect to topography and finish grade elevation. If construction is not commenced w= ithin eight (8) months of such approval, the approval shall be null and void unle= ss an extension is granted in writing.

     7. No mobile home, building, fence, or other structur= e of any kind shall be located on any lot nearer to the front line than 25 feet; provided, such setback may be waived by Dedicator as to individual lots whe= re deemed by Dedicator appropriate because of the terrain of such lot. 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.

     8. No animals or birds, other than household pets (1 dog or 1 cat per lot) shall be kept on any lot.

     9. 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.

     10.. No outbuilding or garage shall be erected on any lot before a mobile home is constructed thereon and no outbuilding, basement or garage or any other building erected on any lot sh= all at any time be used as a dwelling, temporarily or permanently, nor shall any shack be placed on any lot.   Storage buildings approved by the Architectural Committee will be allowed.

     11. Easements are hereby reserved by Dedicator in INDIAN HARBOR PHASE II as shown on the plat filed of record herewith. Said easements show= n on the recorded plat of INDIAN HARBOR PHASE II are for construction, operation= and perpetual maintenance 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 wh= ich at any time may 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 said utilities.

     It is understood= 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 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.

     12. 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) $1,50 per month per lot, the owner of w= hich owns one lot in said Subdivision, and (iii) an additional $1,00 per month p= er 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, playground, 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 accr= ue from the 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 commencing in 1970, at such date in the year of 1970 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 assessme= nt lien shall be junior 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 permanent loan for financing improvements on said lot, and/or purchase money loan for any lot on which a dwelling or building complying with these restrictions has therefore been constructed. Said assessments shall not accrue = in respect to any lot during each time as the owner (or any person as purchaser from INDIAN HARBOR, INC., under a contract to purchase then in force) of su= ch lot, after having made written application for membership in said INDIAN HA= RBOR OWNERS ASSOCIATION, is refused membership (or having been

admitted is involuntarily expelled from membership) in said Association, it being understood that said swimming pool,

Phase II

park and recreational area are for the sole use and benefit of the members of sa= id Association and their families. 75 per cent of the voting stock of the Association shall be retained by Dedica= tor until such time as the voting rights shall be transferred to the membership= at large, in accordance with the by-laws of the Association.=

   13. No lot or portion of any lot shall= be used as a dumping ground for rubbish, trash, nor for storage of items or materials, and all lots shall be kept clean and free of any boxes, rubbish, trash, or other debris.

14. No water wells shall be drilled upon 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 equipping a well or wells on any property in said Subdivision = or in any addition hereto.

15. 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. However, only the Assoc= iation heretofore mentioned in the restrictions, covenants and conditions to enfor= ce 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.=

   16. 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 twenty-five years from the date= of such restrictions, covenants, and conditions shall be automatically extended for successive periods of ten years unless an instrument signed by a majori= ty 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.=

17. If any portion of these restrictions, covenants, and conditions shal= l be declared invalid by judgment or Court order, it shall not affect the validi= ty of any other provision or portion thereof.

     EXECUTED this 24= ^th day of September, 1970.

INDIAN HARBOR, INC.

ATTEST:        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           /s/ Obie P. Leonard, Jr.

by Obie P. Leonard, Jr., Vice-President

/s/ Betty June Lewis

     Betty June Lewis, Secretary

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 OBIE P. LEONARD, JR., Vice-President of INDIAN HARBOR, INC., 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 t= he said INDIAN HARBOR, INC., a corporation and that he executed the same as the act of such corporation for the purposes and consideration therein expresse= d, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFF= ICE this 24^th day of September, A.D. 1970.

/s/ Daphne A. Armstrong

     Notary Public, T= arrant County, Texas

Recorded in Volume 162, Page 83, Deed Records, Hood County, Texas<= /p>
Deed Records of Hood County, Texas

Phase II