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1 01425 AFTER RECORDING RETURN TO: Tim Hagen Hagen & Parsons, P' C. North Central Plaza Three N. Central Expwy., Suite 370 Dallas, Texas Ollor OSS/C;I(IJ-( ((?jg/\jl TENTH SUPPLEMENT TO THE AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WELLINGTON OF FLOWER MOUND, DENTON COUNTY, TEXAS (Wellington Phase 9) THIS TENTH SUPPLEMENT TO THE AMENDED AND RESTATED MASTER DECLARA TION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WELLINGTON OF FLOWER MOUND, DENTON COUNTY, TEXAS (this "Supplemental Declaration") is made by FIELD CREST DEVELOPMENT JOINT VENTURE, a Texas joint venture ("Declarant") and FIE CREST JOINT VENTURE, a Texas joint venture ("Fieldcrest"), as of the /?ff"-day of, 2001., WHEREAS, on or ab t January 16, 1995, Declarant executed that certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "Original Declaration"), recorded in the Real Property Records of Denton County, Texas, under County Clerk's File No. 95-R , encumbering the real property described therein with the covenants, conditions and restrictions set out therein; and WHEREAS, on or about February 26, 1996, Declarant executed that certain First Amendment to Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "First Amendment"), recorded in the Real Property Records of Denton County, Texas, under County Clerk's File No. 96-R ; and WHEREAS, on or about February 26, 1996, Declarant executed that certain First Annexation to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "First Annexation"), recorded in the Real Property Records of Denton County, Texas, under County Clerk's File No. 96-R ; and WHEREAS, on or about March 9, 1996, Declarant executed that certain Second Annexation to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "Second Annexation"), recorded in the Real Property Records of Denton County, Texas, under County Clerk's File No. 98-R ; and 1 C:\~11QS\AW\612)\lOth Supp CCR

2 "t L~ OI~25 WHEREAS, on or about June 9, 1998, Declarant executed that certain Third Annexation to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "Third Annexation "), recorded in the Real Property Records of Denton County, Texas, under County Clerk's File No. 98-R ; and WHEREAS, on or about June 26, 1998, Declarant executed that certain Fourth Annexation to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "Fourth Amlexation"), recorded in the Real Property Records of Denton County, Texas, under County Clerk's File No. 98-R ; and WHEREAS, contemporaneously with the execution of this Supplement Declaration, Declarant has executed that certain Fifth Annexation to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas (the "Fifth Annexation"), to be recorded in the Real Property Records of Denton County, Texas; and WHEREAS, The Original Declaration, as amended by the First Amendment, the First Annexation, the Second Annexation, the Third Annexation, Fourth Annexation, and the Fifth Annexation shall herein be referred to as the "Master Declaration"); and WHEREAS, the Master Declaration contemplates that Declarant will file supplemental declarations encumbering specific tracts or parcels of the real property subject to the Master Declaration as and when such tracts or parcels are developed; and WHEREAS, the real property (the "Supplemental Property") described on Exhibit "A" attached hereto and made a part hereof for all purposes, was annexed to the scheme of the Master Declaration by the filing of record of the Fourth Annexation; and WHEREAS, Declarant and Fieldcrest desire and intend that the covenants, conditions, restrictions, charges and liens described in this Supplemental Declaration encumber and apply only to the Supplemental Property, in addition to the covenants, conditions, restrictions, charges and liens described in the Master Declaration; and WHEREAS, Declarant and Fieldcrest execute this Supplemental Declaration to supplement the covenants, conditions, restrictions, charges and liens imposed by the Master Declaration in order to create and carry out a uniform plan for the improvement, development and sale of the Supplemental Property for the benefit of the present and future owners of the Supplemental Property and the other property covered by the Master Declaration. NOW, THEREFORE, Declarant and Fieldcrest declare that (i) the Master Declaration is hereby supplemented with this Supplemental Declaration and (ii) the Supplemental Property is and shall be held, transferred, sold. conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "Protective Covenants") hereinafter set forth, which are in addition to those set out in the Master Declaration. 1. Defined Terms Unless otherwise expressly stated herein to the contrary, capitalized terms used herein shall have the meaning givld to them in the Master Declaration. 2 C:\rlle5\~W\6123\lOth Supp CCR

3 4844 0\ Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas, exclusive of porches, garages, or breezeways attached to the main dwelling. Each dwelling constructed on a Lot in Wellington Phase 9, an addition to the Town of Flower Mound, Denton County, Texas, according to the final plat (the "Final Plat") thereof recorded in Cabinet S, Page 133 of the Map Records of Denton County, Texas, shall contain a minimum of 1,450 square feet, unless otherwise approved by the Architectural Control Committee; provided, however, each dwelling constructed on Lots 1 through 13, Block 1, Lots 1 through 12, Block 2 and Lots 1 through 27, Block 3 in Wellington Phase 9, according to the Final Plat shall contained a minimum of 1,800 square feet, unless otherwise approved by the Architectural Control Conunittee. 3. Construction Requirements. (a) Exterior wall construction on each story or floor of every residential dwelling shall consist of one hundred percent (100 % ) masonry veneer construction, exclusive of the following: (i) Windows, doors, dormers and gables over the entrance of an extended garage. (ii) Any rear wall area cantilevered twelve (12) or more inches from the wood frame wall. (iii) Any side wall area cantilevered twelve (12) or more inches from the wood frame wall; provided, however, such cantilevered side wall area shall not exceed thirty-five percent (35 %) of the total exterior wall area of the side wall from which it is cantilevered. (iv) Any real multi-story wall with an exterior surface area that is in excess of seventy percent (70 %) glass or windows. (v) Any wall area above a first floor roof where the exterior masonry veneer cannot directly bear upon the foundation (for example, wall area above a shed roof or an attached garage). (b) The exterior area or sides of chimney flues on exterior walls that are visible from the street shall be enclosed in one hundred percent (100 %) masonry veneer construction, except that chimney flues not visible from the street may be enclosed by materials approved by the Town's building code for exterior exposure and in compliance with the flue manufacturer's recommendation. (c) Notwithstanding the foregoing, any exterior wall of any residence facing a street or thoroughfare, public park area or school shall consist of one hundred percent (100 %) masonry veneer construction, exclusive only of windows, doors, dormers, gables over the entrances of an extended garage, or where the exterior masonry veneer cannot directly bear upon the foundation. (d) No wood shingle construction will be allowed on any dwelling. The use of various other roofing material shall be permitted, however, 110 roofing material, other than weathered gray, composition shingles with at least a 25 year 3 r,\riles\aw\61z3\loth supp CCR

4 '. 28 warranty shall be used without first obtaining the written approval of the Architectural Control Committee. The roof pitch of any structure shall be 8" x 12" minimum. Any deviation of roof pitch must be approved in writing by the Architectural Control Committee. (e) Construction of a new single family dwelling on any Lot shall include the placement of any concrete sidewalks required by the Town. Such sidewalks shall be constructed in conformity with the then existing ordinances, standards and codes promulgated by the Town. 4. Garages. Each residential dwelling erected on any Lot shall provide garage space for a minimum of two (2) conventional automobiles. Detached garages shall conform with the standards established by the Town. The exterior walls of each detached garage shall be constructed of the same materials as the residence constructed on the Lot and shall conform with the rules established by the Town. 5. Sprinkler System. Each Lot on which a residential dwelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front and all side yards not enclosed by solid fencing and not left in a natural state. 6. Fences. Any side yard or rear yard fence erected on any Lot shall (i) be constructed so that structural supports are not visible from any public right of way or the Common Properties, (ii) comply with the requirements of the Town, (iii) be a minimum of six (6) feet above the existing ground level and not exceed eight (8) feet above the existing ground level, and (iv) be set back at least five feet (5') from the front facade of the residence constructed on the Lot. Any deviation from these standards must be approved, in writing, by the Architectural Control Committee. Specifically, but not by way of limitation, the construction of wrought iron fences in lieu of wood privacy fences must be approved by the Architectural Control Committee. Side yard fences connecting to any perimeter screening wall constructed by Declarant shall not extend above the top of the screening wall. Special fencing and landscaping requirements apply to the rear yards of the following Lots: Lots 1 through 10 and Lots 17 through 33, Block 1; Lots 10 through 12, Block 2; and Lots 1 through 16, Block 7 of Wellington of Flower Mound Phase 9. Each of the above described Lots shall contain, and there is hereby reserved for the benefits of Declarant and the Association, a wall maintenance and landscape easement over and across the rear five feet (5') of each of the Lots. No alterations, modifications, repairs, maintenance or improvements to the wood fences and/or brick walls and the brick columns constructed by Declarant within the above described wall maintenance and landscape easement shall be performed by any Owner. Any such alterations, modifications, repairs, maintenance and improvements shall be performed by the Master Association. The Master Association shall also maintain the landscaping within the above described wall maintenance and landscape easement. 4 C:\Pile~\AW\6123\lOtn 5upp CCR

5 The rear portion of each of the above described Lots is subject to a fifteen foot (15') landscape buffer, as shown on the Plat. The Owner of any Lot shall be responsible for maintaining that portion of the Lot within the landscape buffer between the fence or wall and the residence constructed on the Lot. The Owners should also be aware that there may be architectural standards bulletins and/or design guidelines published by the Architectural Control Cornrniuee relating to the landscaping, alteration, modification, repair, maintenance or improvements within the landscape buffer. 7. Duration. The Protective Covenants shall run with and bind the Supplemental Property, and shall be binding upon any purchaser, grantee, owner or lessee of any land or improvements situated within the Supplemental Property and upon the respective heirs, executors, administrators, devisees, successors and assigns of any such purchaser, grantee, owner or lessee. The Protective Covenants shall terminate upon the termination of the covenants, conditions and restrictions set forth in the Master Declaration. 8. Amendments. Notwithstanding the terms and provisions of Section 7 hereof, the Protective Covenants may be amended, modified and/or changed as follows: (a) during the time Declarant owns any Lot located within the Supplemental Property, Declarant may amend, modify or change the Protective Covenants, acting alone, so long as Declarant owns a majority of the Lots within the Supplemental Property, or with the consent of the Owners of at least fifty-one percent (51 %) of the Lots within the Supplemental Property; or (b) in all other situations, the Protective Covenants may be amended, modified or changed upon the express written consent of Owners of at least seventy percent (70 %) of the Lots within the Supplemental Property. Notwithstanding the above, no portion of the Master Association's agreements, covenants or restrictions pertaining to the use, operation or maintenance and/or supervision of any facilities, structures, improvements, systems, areas or grounds that are the Master Association's responsibility may be amended without the prior written consent of the Town of Flower Mound. Any and all amendments to the Protective Covenants shall be recorded in the Office of the Coumy Clerk of Denton County, Texas. Notwithstanding the prior provisions of this Section 8. Declarant may execute and record amendments to the Protective Covenants without such consent or approval if the amendment is for the purpose of correcting technical or typographical errors or for clarification only. 9. Enforcement. Enforcement of the Protective Covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate the Protective Covenants, either to restrain or prevent such violation or proposed violation by an injunction, either prohibitive or mandatory, or to obtain any other relief authorized by law. Such enforcement may be by the Master Association established by the Master Declaration or any Owner of a Lot within the Supplemental Property. 10. Severability. Invalidation of anyone of the Protective Covenants by judgment or court order shall not affect any other covenant, condition or restriction of the Protective Covenants which shall remain in full force and effect. 5 C;\Files\AW\612J\10th Supp ecr

6 05/18/ : HAGEN & PARSONS I PAGE ei IN WITNESS WHEREOF, Declarant and Pieldcrest have executed this document as of the day of, FIELD CREST DEVELOPMENT a Texas joint venture JOINT VENTURE, By: ASHTON FLOWER MOUND JOINT VENTU a Texasjoint ven re> ntur By: By: Ken Mitchell, Authorized Rep esentative NEW ORAl'ID, L.L.C. ~ft1thbfulthch 8R:8l9P, I5.Is,C" a Texas limited liability company - a Venturer By: ~ ~ J. R.~l1Mld, Jr., P sident If FIELD CREST JOINT VENTURE, a Texas joint venture By: Ken Mitchell, Authorized Represe lj.ew.dpand.l L C By: ~"DRANdlI'oftOUP, L.L.B., a Texas limited liability company - a Venturer By:.~~ J.R! olland,jr.,p sident ; J/ 6 G'\~!lRa\AW\~123\lOth 9upp CCR

7 ot43t STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on. 2001, by KEN MITCHELL, an Authorized Representative of ASHTON FL 0 ND JOINT VENTURE, a Texas joint venture, acting as a Venturer of FIELDC T DEVELOPMENT JOINT VENTURE, a Texas joint venture, and FIELD CREST JOINT ENTURE. a Texas joint venture, on behalf of said ventures. y~ My Commission.dllllrtl Expires: EL /oec ~~~~ (Printed or Typed Name of Notary).;) I. '<~:.- ",..;..,;~'~;~,,:; :<.' STATE OF TEXAS" COUNTY OF DALLAS ~'TEW ORAl\TI,L.L.C. This instrument WaS ac owledged before me on , by J, R, HOLLAND, JR., President 0,,~ a Texas limited liability company, acting as a Venturer of FIELD CREST DEVELOPMENT JOINT VENTURE, a Texas joint venture, and FIELDCREST JOINT VENTURE, a Texas joint venture, on behalf of said entities. ~ o-~~u~v~~ltr~~j-~~s ') ~ ;/ I~..Jl'... : State of Texas ~C7f.~ ~ Ot'~ oomm:ejtp.07.oh-2003 Notary Public, State of Texas My Commission Expires: _Vwr' L-!d//;dm~ (Printed or Typed Name of Notary) 7 C:\Flles\nW\6123\10th Supp CCR

8 STATE OF TEXAS * COUNTY OF DENTON * WHEREAS, FIELDCREST JOINT VENTURE, acting by and through the undersigned, its duly authorized agent, are the sole owners ofa tract of land out of the 1 BAIRD SURVEY, Abstract No. 72, the W. GIBSON SURVEY, Abstract No. 461, and the P. MALONE SURVEY, Abstract No. 836, in the Town of Flower Mound, Denton County, Texas, being part of an acre tract of land described in deed to Fieldcrest Joint Venture, recorded in Denton County Clerk's File No. 94-R of the Real Property Records of Denton County, Texas and being more particularly described as follows; BEGINNING at a 5/8" iron rod found in the centerline of Peters Colony Road (undedicated ROW) and the south line of the 4.0 acre tract of land described in deed to D.K. Douglas, recorded in Volume 894, Page 882 of the Real Property Records of Denton County, Texas for the northwest comer of FLOWER MOUND mgh SCHOOL ADDITION. according to the plat thereof recorded in Cabinet N, Slide 177 of the Plat Property Records of Denton County, Texas; THENCE with the west line of the said FLOWER MOUND mgh SCHOOL ADDITION. South 00 39'02" West, a distance of feet to a 5/8" iron rod set with a red plastic cap stamped "PBS&J INC" (hereinafter called 5/8" iron rod set) for comer; THENCE leaving the west line of the said FLOWER MOUND HIGH SCHOOL ADDITION, the following courses and distances to wit: North 89 08'34" West, a distance of feet to a 5/8" North 00 49'52" East, a distance of feet to a 5/8" North 89 20'58" West, a distance of75.00 feet to a 5/8" South 83 50'00" West. a distance of feet to a 5/8" South 86"26'44" West, a distance of70.19 feet to a 5/8" South 81 08'01" West, 11. distance of84.69 feet to a 5/8" South 68 58'44" Wed, a distance of feet to a 5/8" North 15 50'56" West, a distance of feet to a 5/8" South 74 50'06" West, a distance of feet to a 5/8" iron rod set for the beginning of a non-tangent curve to the left, having a central angle of 55 50'07", a radius of feet and 11 chord bearing and distance of North 43 48'22" West, feet; Northwesterly with said curve, an arc distance of370.3 feet to a 5/8" North 71 43'26" West, a distance of feet to a 5/8" North 12 02'52" East, a distance of feet to a 5/8" North 07"28'32" West, 11. distance of feet to a 5/8" North 00 11'06" West, a distance of feet to a 5/8" South 89 4R'S4" West. a distance of feet to a 5/8" North 00 10'51" Wesl, a distance of feet to a 5/8"

9 .'~ South 89 48'54" West, a distance of feet to a 5/8" North 00 11'06" West, a distance of feet to a 5/8" South 89 48'54" West, a distance of feet to a 5/8" South 83 57'08" West, a distance of feet to a 5/8" South 88 33'21" West, a distance of feet to a 5/8" South 00 11'06" East, a distance of feet to a 5/8" South 89 48'54" West, a distance of feet to a 5/8" South 02 42'04" East, a distance of feet to a 5/8" South 07 45'07" East, a distance of feet to a 5/8" South 03 58'08" East, a distance of feet to a 5/8" South 05 30'15" East, a distance of feet to a 5/8" South 89~2'24" West, a distance of feet to a 5/8" iron rod set for the beginning of a non-tangent curve to the right, having a central angle of 02"33'10", a radius of feet and a chord bearing and distance of North 07 33'28" West, feet; Northwesterly with said curve, an an; distance of feet to a 5/8" South 87"32'00" West, a distance of feet to a 5/8" South 66 48'OY' West, a distance of feet to a 5/8" South 51 40'47" West, a distance of feet to II 5/8" South 67~4823'51" West, a distance of feet to a 5/8" iron rod set forthe beginning of a non-tangent curve to the right, having a central angle of 24 11'02", a radius of feet and a chord bearing and distance of North 10"24830'38" West, feet; Northwesterly with said curve, an arc distance of feet to a 5/8" North 01 34'53" East, a distance of feet to a 5/8" North 46 34'53" East, a distance of28.28 feet to a 5/8" North 01"34'53" East, a distance of22.02 feet to a 5/8" iron rod set for corner in the centerline of Quail Run Road (undedicated ROW); THENCE along the centerline of said Quail Run Road, the south line of the 3.32 acre tract of land described in deed to O. Vickery, recorded in Volume 788, Page 295 of the Real Property Records of Denton County, Texas, the south line ofthe 3.0 acre tract of land described in deed to R. Hallmark, recorded in Volume 26&, Page 324 of the Real Property Records of Denton Count)', Texas, and the south line of the 1.81 acre tract or lanu described in deed to Joseph Desmit, recorded in Volume Page 544 of the Real Property Records of Denton County, Texas, South 89 56'40" East, a distance of feet to a PK nnil found for corner;

10 n'l.3l vi. 1 THENCE continuing along the centerline of said Quail Run Road and with the south line of the 1.87 acre tract of land described in deed to Tracy Mackey, recorded in Volume 1281, Page 28 of the Real Property Records of Denton County, Texas, the south line of the 3.75 acre tract ofland described in deed to P.W. Myers, recorded in Volume 1321, Page 570 of the Real Property Records of Denton County, Texas, the south line of the 1.87 acre tract ofland described in deed to K. Williams, recorded in Volume 1314, Page 403 of the Real Property Records of Denton County, Texas and the south line of the 2.30 acre tract ofland described in deed to D. Myers, recorded in Volume 1279, Page 936 of the Real Property Records of Denton County, Texas, North 89 48'54" East, a distance of feet to a 1/4" iron rod found for the intersection of the centerline of said Quail Run Road with the centerline of said Peters Colony Road, for the southwest corner of a 3.11 acre tract ofland described in deed to Robert Bibby, Volume 1230, Page 10; TIIENCE with the centerline of said Peters Colony Road, the west line of the 3.0 acre tract ofland described in deed to G. Hale, recorded in Volume 658, Page 331 of the Real Property Records of Denton County, Texas, the west line of the 5.52 acre tract of land described in deed to D.R. Bryant, recorded in Volume 1245, Page 735 of the Real Property Records of Denton County, Texas, and the west line of the 2.26 acre tract ofland described in deed to Flower Mound Church of Christ, recorded in Volume 626, Page 106 of the Real Property Records of Denton County, Texas, South 01 30'] 5" West, a distance of feet to a 112" iron rod found for comer; THENCE continuing with the centerline of said Peters Colony Road, with the south line of the said 2.26 acre tract and the south line of the 2.5 acre tract of land described in deed to H. Parker, recorded in Volwne 1147, Page 55 of the Real Property Records of Denton County, Texas, with the 2.50 acre tract of land. described in deed to D. McCarger, recorded in Volume 558, Page 298 of the Real Property Records of Denton County, Texas, with the 2.5 acre tract of land described in deed to V. Dake, recorded in Volume 558, Page 298 of the Real Property Records of Denton County, Texas, with the 4.0 acre tract of land described in deed to John Martin, recorded in Volume 11 I I, Page 969 of the Real Property Records of Denton County, Texas and with the south line of the said 4.0 acre tract, South 89~0'58" East, a distance of feet to the POINT OF BEGINNING and containing acres of land. Bearing system based upon the deed recorded in Denton County Clerk's File No. 94-R Property Records of Denton County, Texas. of the Real

11 0\435 CONSENT, JOINDER AND SUBORDINATION OF MORTGAGEE Bank of America, N.A., the mortgagee holding a current deed of trust lien on the Supplemental Property, does hereby consent to the execution and recordation of the foregoing, Tenth Supplement to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Wellington of Flower Mound, Denton County, Texas, and agrees that all liens currently held by it shall be subject and subordinate to the provisions of the foregoing Tenth Supplement. EXECUTED this the '], '- day of --\-\"I'..:...::...::~-foJ----, BANK By: STATE OF TEXAS COUNTY OF DALLAS 1-/f1{t<..IS (k'm) BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared l> DI~S K. Ctl..rJLLpJJ of BANK OF AMERICA, N.A., known to me to be the ion and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as a duly authorized officer of such savings bank, and as the act and deed of such savings bank, for the purposes and consideration therein expressed, and in the capacity therein stated. '\;~EN UNDER MY HAND AND SEAL OF OFFICE, this;l.j-. I ~,2001. day of My Commission Expires: (Printed or Typed Name of Notary) C:\Files\AW\6123\lOth 5upp CCR