RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS OF COUNTRY VIEW ESTATES UNIT I MEDINA COUNTY, TEXAS

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1 RESTRICTIONS, COVENANTS, CONDITIONS AND RESERVATIONS OF COUNTRY VIEW ESTATES UNIT I MEDINA COUNTY, TEXAS WHEREAS, these Restrictions, Covenants, Conditions and Reservations are established for the purpose of creating and maintaining a uniform plan for improvements, development and sale of tracts in COUNTRY VIEW ESTATES SUBDIVISION, and WHEREAS, the Developer will cause to be organized a Property Owners Association to act as an agency to carry out the powers and rights herein specified for maintaining and administering COUNTRY VIEW ESTATES SUBDIVISION, and WHEREAS, the Developer, VAN'S ENTERPRISES, hereby Reserves the right until December 31, 1989 to amend these restrictions, which amendments may be accomplished by a written instrument recorded in the office of the county clerk of Medina County, Texas at any time prior to December 31, 1989, and NOW THEREFORE, the property herein described shall be subject to the following Restrictions, Covenants Conditions and Reservations which shrill be binding on all the tracts of COUNTRY VIEW ESTATES SUBDIVISI0N and any and all owners thereof, TO WIT: 1. PURPOSE AND EXTENT These Restrictions, Covenants, Conditions and Reservations are established for the purposes set forth above and for the future purposes pf preserving and propagating the beauty of the natural surroundings, trees and wildlife on said land, all for the mutual benefit of the owners of the same. These Restrictions, Covenants, Conditions and Reservations shall as hereafter provided, be construed as covenants running with said land and binding upon the developer, his successors and assigns, and all owners and purchasers of said property, their heirs, successors executors, administrators and assigns as provided herein. 2. DEFINITIONS In construing these Restrictions, Covenants, Conditions and Reservations the following words shall have the following respective meanings: A. Developer shall mean and refer to Van's Enterprises, its successors and assigns. B. Association shall mean and refer to the C0UNTRY VIEW ESTATES PROPERTY OWNERS ASSOCIATION, its successors and assigns, which shall include all owners of record who own fee simple title to a tract in COUNTRY VIEW ESTATES SUBDIVISION.

2 C. Restrictions shall mean and refer to these recorded Restrictions, Covenants, Conditions and Reservations herein described and to any recorded amendments made hereafter. D. Bylaws shall mean an refer to the bylaws of the ASSOCIATION as the same may be amended from time to time by proper actions of its members. E. E. 0rlqnal plat shall mean and refer to the aforesaid plat filed for record in Volume 7, Page 125, of the map and plat Records of Medina County, Texas, on the 16 day of November 1987, designating the tracts of COUNTRY VIEW ESTATES SUBDIVISION. F. Common Area shall mean and refer to all real property and improvements thereon, designated as such on the original plat and/or on any amended or subsequent plat, filed of record, including all property acquired or owned by or under the control and Jurisdiction of the association for the common use and enjoyment of the members, including public roads, until Medina County has accepted these roads for maintenance. G. Tract or Lot shall mean and refer to any tract, lot, or parcel of land (except common areas) shown as such on the original Plat, or any other plat filed of record with respect to additional properties. H. Member shall mean and refer to the person or persons, entity or entities, who own of record fee simple title to a tract (excluding expressly any lessee thereof). The term member excludes any persons or persons, entity or entities from having an interest in a tract merely as a security for the performance of an obligation, but will include the Developer lf the developer is of record a owner of fee simple title to a tract. Member shall further mean and refer to each such party, who shall upon the acquisition of any such interest in a tract, automatically become a member of the association and be subject to the bylaws. Membership shall be appurtenant to and not separated from ownership in each tract. All owners are members of the association. Each family husband and/or wife is entitled to a vote, however, a vote by the husband or wife shall be considered to be representative of a single tract. When more than one family or entity holds interest in any single tract, all such persons shall be members; however, the representative vote shall be as they among themselves determine. In no event shall there be more than one representative Vote for any one tract. I. Committee shall mean and refer to the Architectural Control Committee of COUNTRY VIEW ESTATES SUBDIVISION, established and created pursuant to Paragraph ten (10) of these Restrictions. J. Residence shall mean and refer to a permanent structure erected on a tract for the use as a single family dwelling.

3 K. Board shall mean and refer to the Board of Directors as established by the bylaws of COUNTRY VIEW ESTATES SUBDIVISION. 3. PROHIBITED COMMERCIAL USE OF TRACTS All tracts shall be used solely for new site-built, single family residential dwellings; which excludes Hospitals, Clinics, Duplex Houses, Hotels, Motels, and Commercial and Professional uses, whether from houses, residences or otherwise. All aforesaid uses of said property are hereby expressly prohibited except on tracts designated for business purposes in the deed covering same and on the Subdivision Plat. No business, however, shall be conducted on these designated tracts without first obtaining written approval from the Committee, nor will any approved business be allowed which is found by the Committee to be noxious or harmful by reason of emission of odor, dust, smoke, gas, fumes, noise or vibration. The Developer reserves the right until December 31, 1990 to vary the use of any property notwithstanding the Restrictions embodied in this contract, should the Developer in his sole judgment deem it in the best interest of the property to grant such variances. These variances by the Developer shall be specifically stated in the Deed covering said tract or tracts. 4. DESIGNATED TRACTS FOR BUSINESS USE Tracts fronting PR 37 which are hereby designated for business purposes, may be used for either residential or business purposes provided, however, that if used for business, the nature, scope and purpose of the business, along with building construction plans and plot plan shall be first approved in writing by the Committee. No portion of a tract less than the whole thereof as designated on the original plat may be sold or resubdivided without the written approval of the Committee. 5. LEASING PROPERTY Every member may lease a tract pursuant to a written lease agreement and may delegate to such tenant the right end enjoyment of use and enjoyment in the common areas, subject to and provided for in the Restrictions and the bylaws of the Association. Any such lease or lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions hereof and the bylaws of the Association and, further, that any failure by the lessee thereunder to comply with the terms and provisions hereof and the bylaws of the Association shall be and constitute a default under such lease.

4 6. BUILDING SIZE No building other than a single family residence containing not less than 1,850 square feet of air conditioned and heated living area, exclusive of open porches, breezeways, carports and garages; and having not less than thirty percent (30%) (front and corners wrapped minimum) of its exterior walls constructed of masonry, being brick, rock or concrete products, as determined by the Architectural Control Committee, shall be erected or constructed on any residential tract. No garages or outbuilding may be erected except simultaneously with or subsequent to erection of a residence. No secondhand homes, move-on s, tents, mobile homes, travel trailers, or house trailers may be moved or placed on a tract. Tents, campers or travel trailers may, however, be placed and used on sold tracts for three day (3) periods. 7. CONSTRUCTION TIME All construction must be completed within twelve (12) months after written approval is obtained from the Committee. If approval is granted, construction must commence within six (6) months thereafter, or approval will be automatically withdrawn. All buildings must be built on Committee approved foundations with new materials, exhibiting quality workmanship and be in architectural harmony with the overall residential scheme of COUNTRY VIEW ESTATES SUBDIVISION. 8. COMMON AREAS The common areas shell be maintained and governed by the Association in a manner consistent with the purposes of the Association as set forth in the bylaws, and in conformity with the terms and provisions hereof. Subject to the provisions hereof, every member and every tenant of every member who resides on a tract, and each individual who resided with them or whom is a guest of either of these respectively on such a tract, shall have a right and easement of the use and enjoyment in and to the common areas. Furthermore, such easement shall be appurtenant to and shall pass with title to every tract provided, however, such easement shall not give any person the right to make alterations, additions or improvements to the common areas. Each member shall be liable to the Association for any damage to the common areas caused by the negligence or willful misconduct of the member, his family, guests, lessees or invitees to the extent that the damage shall not be covered by insurance. Members and their guest shall use the common areas according to their established rules and regulations, and AT THEIR OWN RISK. The rights end easements of enjoyment created hereby shall be subject to the following:

5 A. The right of the Board of Directors of the Association to prescribe regulations governing the use, operation, and maintenance of the common areas including limiting the number of guests and to make reasonable assessments for the control, maintenance and upkeep of the common areas within limits established under its bylaws. B. The right of the Association, as provided in its bylaws, to suspend voting rights for any period during which an assessment against a tract remains unpaid and for a period not to exceed sixty (60) days for any infraction of its rules and regulations. C. (1) The right of the Association to dedicate or transfer all or any part of the common areas to any agency, authority or utility, for such purposes and upon such conditions as the Board of Directors of the Association may determine, is subject to the affirmation vote of two thirds (2/3) of the members present or represented by proxy at a meeting at which a quorum is present and which is duly called and held for that purpose. (2) The Association or its grantee shall be responsible for maintaining the common areas including the public roads until Medina County has accepted them for road maintenance. There shall never be any dedication of the roads to the county or transfer of the roads or common areas to the county without the County s prior written approval. 9. BUILDING SET BACK REQUIREMENTS No improvements shall be erected on any tract nearer than twenty-five (25) feet from the front property line, nor nearer then ten (10) feet from the side property lines, except in the case of corner tracts, no improvements shall be erected nearer then twenty five (25) fee from the side property lines. 10. CONSTRUCTION APPROVAL No building or structure of any type shall be erected on any tract until the plans, specifications, plot plan and external design have first been submitted for consideration to, and written approval of same granted by the Committee. The construction of all approved structures must be completed within twelve (12) months of commencement of construction. 11. CONSTRUCTION COMMENCEMENT The construction commencement date for purposes herein, shall be the date when the Committee approves in writing such plans having been properly and completely submitted for such approval and so stated in the Committee s written approval.

6 12. CONSTRUCTION PLANS Construction plans and specifications shall as a minimum include plans of all floors and levels involved together with elevations of all sides of the proposed structure, a section through the structure to explain the relationship of the floor levels and stairs, and notes and/or specifications describing the materials to be used on the exteriors. No construction of any structure nor any addition or alteration to any existing structure may begin until the specifications, plans and a plot plan are first approved in writing by the Committee. 13. OCCUPANCY No building shall be occupied or used until the exterior thereof is completely finished and complies with No. 14 hereof. No trailer, basement, tent, shack, outbuilding, garage, barn or other structure erected on any tract shall at any time be used as a residence temporarily or permanently. 14. ARCHITECTURAL CONTROL COMMITTEE There is hereby established an Architectural Control Committee, herein referred to as Committee. The Committee shall determine if the plans and specifications for every residence, building, fence, garage, outbuilding or any other structure or improvement proposed for construction on every tract, meets the requirements of these Restrictions. The committee shall further determine if the appearance design and quality of materials and workmanship are in harmony with the proposed scheme or plan of the development as established by the Committee of COUNTRY VIEW ESTATES SUBDIVISION. The Committee will approve or disapprove the location of any such structure or alteration of any structure with respect to topography, drainage, easements and/or ground elevation. The committee shall be comprised of no less than three (3) and no more than five (5) members, all of whom shall be appointed by the Developer until such time as fifty one percent (51%) of the total tracts planned for the subdivision have been sold. When the title to fifty one percent (51%) of the total tracts planned for the Subdivision is vested in members other than the Developer, the Developer shall no longer appoint the Committee and the Committee shall then be composed of the Developer and persons appointed by the Board, and they shall thereupon be vested with all rights, powers and authority herein granted to the Committee. A majority of the Committee may designate in writing a representative to act for it. There shall be no payment of compensation for services performed by the Committee or its members pursuant to these Restrictions unless authorized by the Board. No member of the Committee shall be liable for damages, claims or causes of action arising out of any service performed pursuant hereto.

7 15. HUNTING Hunting and trapping by any means, and/or the discharge of firearms is expressly prohibited on all tracts and common areas in COUNTRY VIEW ESTATES SUBDIVISION. 16. SANITATION AND SEWAGE No outside toilet shall be installed or maintained on any tract. All plumbing must be connected with a sanitary sewer or septic tank approved by the state and local department of health. Approval of every septic system and its location must be first obtained from the local department of health before any construction of any structure or improvement may begin. 17. EXCAVATION, TIMBER AND OIL No removal of trees or excavation of any materials, construction of buildings or driveways will be permitted without the written permission of the committee. No oil exploration, drilling, developing or refining operations and no quarrying or mineral excavation or shafts shall be permitted on any tract. No derrick or other structure designed for the use of boring for oil or natural gas shall be erected, placed, maintained or permitted on any tract. 18. SIGNS No sign or advertising device may be displayed on any tract except in the event of the sale of said tract. There may be one For Sale sign on each tract provided the sign is not larger than five (5) square feet. 19. NUISANCE, USAGE AND ACTIVITIES No noxious, offensive, unlawful, immoral or unsightly use or condition shall be made or permitted on any tract; nor anything which may be or become an annoyance, nuisance or detraction to any adjoining tract. The Committee shall determine noxiousness or undesirability and its decision thereof shall be conclusive and binding on all parties. 20. TRASH AND GARBAGE No Junk cars, abandoned cars, wrecking or auto storage yards shall be permitted or located on any tract. No trash, garbage, car bodies, construction debris, excavated septic tank material, or any other refuse may be dumped, placed, disposed of or allowed to remain upon any tract, vacant or otherwise. No tract shall be used or maintained as e dumping grounds for rubbish, trash or garbage. Waste of any nature shall not be kept on any tract except in sanitary containers. No building materials of any kind or character shall be placed or stored upon any tract until the member is ready to commence Committee approved improvements. Such building materials must be arranged and placed in an orderly fashion and manner in the rear one third of the tract.

8 21. REPAIR Each member shall at his cost and expense, maintain and repair his tract, dwelling and other improvements situated thereon, keeping the same sanitary, healthful and in good condition and repair. In the event that any member shall fail to maintain and repair his tract, dwelling and/or improvements as required hereunder, the Association, in addition to all other remedies available to it hereunder or by law and without waiving any said alternative remedies, shall have the right, through its agents and employees after giving a ten (10) day written notice, to enter upon said tract and to repair, maintain and restore the tract and improvements situated thereon. Each member, by acceptance of a deed for his tract, hereby covenants and agrees to repay to the Association the cost thus incurred thereof immediately upon demand. The failure of any such member to repay the same shall carry with it the same consequences as failure to pay any assessments hereunder when due. Furthermore, neither the Committee or the Association or any person or entity acting for and on behalf of the Committee, shall have any liability to a member by virtue of the exercise of such right of removal or repair. A member or his assigns consents to any entry upon his tract or tracts for the purposes set forth herein automatically by his acceptance of a deed to a tract or tracts in the subdivision, and agrees that the Association shall not be liable to him in trespass or any other action at law unless such entry is unreasonable or for purposes not in conformity with these Restrictions. 22. OBSTRUCTIONS There shall be no obstruction of the common areas nor shall anything be kept or stored in the common areas, nor shall anything be altered, constructed, planted or removed from the common areas without the written consent of the Committee. No member shall alter or change the drainage or seepage on, over or across nor the grade of his or any other tract by channeling, filling, grading, excavating or any other means or acts, and shall not do, permit or cause to be done any act that results or might reasonably be expected to result in any adverse change or effect on such drainage or seepage. 23. ANIMALS A maximum of two (2) horses per tract may be allowed on larger tracts, provided approval for such horses and the necessary pens, stalls or other related outbuildings are first approved in writing by the Committee. The pens and stalls for all animals shall not be located nearer than one hundred feet (100 ) from the front property line, nor nearer than fifty feet (50 ) from the side property lines, all of which must be located behind the residence and within the rear one-half of the property. Animals will be allowed only if they are well cared for, fenced in, and at the sole judgment of the Committee, do not create an unsightly scene, nuisance, odor or detract from the subdivision in any way.

9 No livestock of any kind shall be raised, bred, or kept on any tract. Dogs, cats and other common households pets may be kept provided they are not kept, bred, or maintained for commercial purposes, nor their pens or presence creates any unsightfulness, odor, nuisance, noise or harmful threat to others. No hogs are allowed 24. FENCES All fences along a property line which fronts or borders a county road must be approved by the Committee before construction thereof. All fences must be well maintained and not allowed to detract from the property. 25. ASSOCIATION MEMBERSHIP AND ASSESSMENTS All of the tracts are sold and conveyed with the understanding that the owner, purchaser or contract purchaser, (excluding expressly any leasing) will automatically become and remain a Member in good standing of the Association, and the member and his property shell be subject to the provisions of the bylaws of the Association and these Restrictions including any obligations imposed for the payment of any costs, dues, assessments or corrective action taken by the Association regarding the member s tract. A. Assessment Lien and Personal Obligation. Each owner of each tract by acceptance of e deed thereof, whether or not it shall be so expressed in such a deed, is deemed to covenant and agree to pay to the Association annual charges established and collected as hereinafter provided. Assessments, together with interest, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest and costs shall be the personal obligation of the person(s) who was the owner of such property at the time the assessment fell due. It is expressly understood that the Developer shall be exempt from the Assessments. B. Purpose of Assessments. The assessments levied by the Association shell be used to enhance the recreation, health, safety and welfare of the owners and residents through control, maintenance, improvement and upkeep of the common areas and improvements thereupon. C. Fixing Assessments. The initial maximum annual assessment shall be twenty dollars ($20.00) per tract. Initial tract buyers during the year will pay their pro rata share of their annual assessment fee plus all first time tract purchasers will pay at closing an additional one-half of the annual fee to start a working capital account of the Association.

10 1. From and after January 1, 1988, the annual assessment shall be twenty dollars ($20.00) per tract and may be increased ten percent (10%) above the assessment for the previous year without a vote of the membership. 2. From and after January 1, 1988, the maximum annual assessment may be increased above ten percent (10%) by a vote of fifty one percent of the members who are voting in person, absentee or by proxy, at an election duly called for this purpose. 3. From and after January 1, 1988, the maximum annual assessment may be increased above ten percent (10%) by the Board for the sole purpose of covering increased maintenance costs incurred, or expected to incur, from substantial capital improvements placed in the common areas at the expense of the Developer. D. Notice of Quorum for Actions Authorized Under Section C. Written notice of any meeting called for the purposes of taking any action authorized under Section C shall be sent to all members, not less than fifteen (15) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of the members including absentee and or proxy shall constitute thirty percent (30%) of the total voting membership in order for there to be a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the required quorum at that subsequent meeting shall be one half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. E. Annual Assessments. Annual assessments must be fixed at a uniform rate for all members and will be collected on an annual basis. Quarterly, semi annual or monthly collections can be authorized by the Association. F. Assessment Commencement Date. The annual assessment provided for herein shall commence on all tracts January 1st of each year and shall be paid in full within thirty (30) days. Annual assessments collected for lots purchased from the Developer will be pro rated from the date of closing. The Association shall fix the amount of annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. If the assessment is changed, written notice of the annual assessment shall be sent to every owner subject thereto. The association shall, upon demand, and for a reasonable charge, furnish a certificate signed by a member of the Board setting forth whether the assessment on a specified tract(s) has been paid. G. Effect of Nonpayment of Assessment; Remedies of the Association. Any assessment not paid within the specified time shall bear interest from the due date at the rate of fifteen percent (l5%) per annum. No owner may waive or otherwise escape liability for the assessment provided for herein by nonuse of the common areas or

11 abandonment of his tract. The Association may, at its election, bring an action at law against the member personally obligated to pay the assessment in order to enforce payment thereof and/or to foreclose on the lien against the tract subject thereto, and collect any and all cost incurred in bringing such action against the member. The association shall be additionally entitled to merely file a lien affidavit as evidence of the amount of delinquency. H. Subordination of the Lien to Mortgages. The lien of the assessment provided herein shall be subordinate to the lien of any mortgage. The voluntary sale or transfer of any tract shall not extinguish the assessment lien. The sale or transfer of any tract pursuant to mortgage foreclosure or any other proceeding in lieu thereof shall extinguish the lien of the assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such tract from liability for any assessments thereafter becoming due or from the lien thereof." 26. EASEMENTS Seller reserves to itself, its successors and assigns, an easement or right of-way along the side, front and rear boundary lined of all tracts herein described, for the purpose of installation or maintenance of public utilities, including but not limited to, gas, water, electricity, telephone, drainage and sewerage; and any appurtenance to the supply lines thereof, including the right to remove or trim trees, shrubs or plants. This reservation is for the purpose of providing for the practical installation of such utilities as when any public or private authority or utility company may desire to serve said tract, with no obligation to seller, to supply such services. There is also reserved as an easement in favor of the Association for the purpose of facilitating the installation of cable required for cable television. Said easement shall be located as near as possible to the aforementioned utility easement herein reserved and to be best suited for the delivery of such service to the tract owner. 27. APPLICABLE EASEMENT AND ZONING RULES All tracts are subject to easements and restrictions now of record and are subject to any applicable zoning rules and regulations. 28. BINDING UPON SUCCESSORS These Restrictions shall be binding upon purchaser, his successors, heirs and assigns. Furthermore, these restrictions are for the mutual benefit of the entire subdivision described above.

12 29. COVENANTS RUNNING WITH THE LAND These Restrictions are hereby declared to be such running with the land and shall be fully binding upon all purchasers of COUNTRY VIEW ESTATES SUBDIVISION, whether by descent, device, purchase, assignment, contract of purchase or otherwise. All persons, by accepting title to any tract or entering into a contract for the purchase of any tract, shall thereby agree and covenant to abide by and fully perform all these Restrictions. These restrictions shall be binding for a period of thirty (30) years from the date filed for record in the deed records of Medina County, Texas, unless changed or amended as provided herein. These Restrictions shall be automatically extended upon the expiration of said term for successive periods of ten (10) years unless fifty one percent (51%) of the members shall, in writing and duly recorded in the deed records of Medina County, Texas, elect to terminate the same prior to the expiration of such term. 30. AMENDMENTS Fifty-one percent (51%) of the members may amend or change these Restrictions in whole or in part at any time. Any such change or amendment shall be set forth and evidenced by a successor supplemental instrument bearing the signatures of the requisite number of members and the recording of same in the deed records of Medina County, Texas. A copy of any change or amendment to these Restrictions shall be forwarded by prepaid mail to all members. Anything herein to the contrary notwithstanding, Developer reserves the right to amend all or any part of these Restrictions to such an extent and with such language as may be required by any federal, state or local agency which requests such amendment as a condition precedent to lending funds upon the security of any tract thereof. Any such amendment shall be effected by the recordation by the Developer of a certificate of amendment signed by a duly authorized agent of the Developer, with his signature acknowledged, specifying the federal, state or local governmental agency of the federally or state chartered lending institution requesting the amendment and setting forth the amendatory language requested by such agency or institution. Recordation of such a certificate shall be deemed conclusive proof of the agency s or institution s request for such amendment and such certificate, when recorded, shall be binding upon COUNTRY VIEW ESTATES SUBDIVISION and all persons having and interest therein; such persons having such interest hereby expressly waiving any notice thereof or right to consent hereto.

13 31. SEVERABILITY OF ALL TERMS AND PROVISIONS If any term or provision of this instrument or the application thereof shall be held invalid, all other terms and provisions of this instrument or the application thereof shall not be affected thereby, nor shall any failure of the Developer, the Committee or any other member to seek enforcement of any term or provision, constitute e waiver of any right to do so in the future or the validity or enforceability of such term or provision. 32. ENFORCEMENT The Developer, Association, Committee, Medina County and every other person firm or corporation hereinafter having any right, title or interest in any tract or parcel of land in COUNTRY VIEW ESTATES SUBDIVISION or any additional property shall have the right to prevent the violation of any of said Restrictions by injunction or other lawful procedure and to recover any damages resulting from such violations. Damages for the purposes of this paragraph shall include actual damages, incidental damages, court costs and necessary attorney s fees. 33. ABATEMENT AND REMOVAL OF VIOLATION Violation of any Restrictions contained herein shall give the Developer, the Board, the Committee or any member, or their agent, in addition to all other remedies, the right to enter upon the tract on which the violation occurs and to abate and remove the violation at the expense of the member in whose tract said violation occurred. The Developer, the Board, the Committee or any member, or their agents, shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal. 34. NOTICE Any notice required to be given to any member or otherwise shall be deemed to have been properly delivered when deposited in the United States Mails, postage paid, addressed to the last known address of the person to whom it is addressed, as it appears on the records of the Association at the time of such mailing. 35. RULES AGAINST PERPETUITIES If any interest purported to be created hereby is challenged under the rule against perpetuities or any related rule, the interest shall be construed as becoming void and of no effect as of the end of the application period of the perpetuities computed from the date when the period of perpetuities starts to run on the challenged interest; the lives in being for the computing the period of perpetuities shall be those which would be used in determining the validity of the challenged interest.

14 36. ARCHITECTURAL CONTROL COMMITIEE, SECTION VARIANCES This Declaration expressly grants the Committee the authority in its discretion consent to or approve a variance from the specific requirements or effect of a particular covenant. The Committee may require the submission to it of such documents and items, as it shall deem appropriate, in connection with its consideration of a request for a variance. If the Committee shall approve such request for a variance, the Committee may evidence such approval, and grant its permission for such variance, only by written instrument, addressed to the Owner of the Building Site (s) relative to which such variance is requested, expressing the decision of the Committee to permit the variance, describing (when applicable) the conditions (which may be affirmative and/or negative in nature such as payment of fees, costs, and a surcharge) on which the variance has been approved (including, as examples but without limitation, the nature of the proposed use which has been approved,) and signed by a majority of the then members of the Committee.