'11,::s' TEXAS FINANCIAL SERVICES, INC., a corporation organized and existing under th e

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1 '11,::s' VOL 770 PAGE 458 STATE OF TEAS Restrictive enants Cov Village 22 Mill at Anderson KNOW ALL MEN BY THESE PRESENTS : That the Anderson Mill Joint Venture, a Joint Venture comprised o f 10;5 -Ca r L%I ka s TEAS FINANCIAL SERVICES, INC., a corporation organized and existing under th e laws of the State of Texas and having its home office in Phoenix, Arizona ; Lumbermen's Investment Corporation, a corporation organized and existing under th e laws of the State of Texas, and having its home office in Austin, Texas and Southern Union Realty Company, a corporation organized and existing under the laws of th e State of Delaware and having its home offices in Dallas, Texas ; owner of that certai n acres of land out of the William Frampton Survey, Abstract 230, in Williamso n County, Texas, as conveyed to it by Deed of Record in Volume 583, Page 25, of th e Williamson County Deed Records, are the sole owners of Village 22 at Anderson Mill, a subdivision comprising 19.6 acres of land out of the William Frampton Survey, Abstrac t 230, conveyed to the Anderson Mill Joint Venture by deed recorded in Volume 583, Page 25, of the Deed Records of Williamson County, Texas and in Volume 4834 Pag e 1708 of the Deed Records of Travis County, Texas, as shown by maps or plat of sai d Village 22 t Anderson Mill, recorded in Cabinet, Slide, Plat Records o f Williamson County, Texas and in Book Page Plat Records of Travi s County, Texas, and as owners thereof, desire to adopt a plan for the development o f Village 22 at Anderson Mill, which shall be binding on the owners and upon it s successors in title to the land in said Village 22 at Anderson Mill. NOW THEREFORE, the Anderson Mill Joint Venture, joined herein b y REPUBLIC NATIONAL BANK, a national banking corporation, having its principa l offices in Dallas, Dallas County, Texas, acting by and through their duly authorize d officers, do hereby make the said Village 22 at Anderson Mill, subject to the followin g restrictive covenants, does hereby subordinate the deed of trust liens which it no w holds on the above described property to said restrictive covenants set out herein, t o wit : A. A- 1 LAND USE AND BUILDING TYPES. All lots shall be used fo r residential purposes. On each residential lot, no building shall b e erected, altered, placed, or permitted other than a detached, singl e family dwelling not to exceed two stories in height with an attached DEED RECORDS Travis County, Texa s 3 Travis County, Texa

2 private garage or carport for not more than three cars. A-2 ARCHITECTURAL CONTROL. No building shall be erected, place d or altered on any residential lot until a copy of the constructio n plans, specifications and a site plan has been submitted and approve d by the Architectural Control Committee. Said plans shall remain in the possession of said Committee until this subdivision has been built in its entirety. The Committee's approval or disapproval as require d in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove withi n 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commence d prior to the completion thereof, approval will not be required and th e related covenants shall be deemed to have been fully complied with. In conjunction with its consideration of plans, specifications and sit e plans, the Architectural Control Committee is hereby authorized t o approve deviations from requirements in these restrictions in setbac k and sideyard requirements for the purposes of conserving trees or fo r topographic considerations. A-3a DWELLING COST, QUALITY, AND SIZE. No dwelling, exclusive o f open porches, garages, carports and patios, shall be permitted on an y residential lot at a cost of less than $35,000, based on cost level s prevailing on the date these covenants are recorded, it being th e intention and purpose of this covenant to assure that all dwelling s shall be of a quality of workmanship and materials substantially th e same or better than that which can be produced on the date thes e covenants are recorded at the minimum cost stated herein for th e minimum permitted dwelling size. The ground floor area of the mai n structure, exclusive of one story open porches and garages, shall b e not less than 1,400 square feet for a one story or split level dwelling, not less than 1,000 feet for a dwelling of more than one story and no t less than 1,800 square feet for the combined area of the first an d second floors

3 VOL 770PAGE A-4 SETBACK REQUIREMENTS. For the purposes of these covenants, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permi t any portion of a building on a lot to encroach upon another lot. A-4a FRONT YARD REQUIREMENTS. No building shall be located o n any lot nearer to the front lot line than 25 feet, nor further than 4 0 feet back, nor nearer than 15 feet to the side line if said side line is a street. A-4b SIDE YARD REQUIREMENTS. No building shall be located on an y residential lot nearer than 5 feet to the interior lot line. The combined total side yard requirements are as follows : Lots 60' wide or less - 10'. An additional one-half foot of sideyard setback is required for each additional foot of lot width, up to a lot width of 70'. Lots 70' wide or greater - 15'. The width of the lot shall be determined by adding the total distanc e between the side lot lines at the front property line and at the rear property line and divide that total distance by two. The rear property line(s) are construed to be those generally running parallel with the street. Side yard lines are construed to be those generally running perpendicular to the street. In the case of irregular shape d residential lots where a clear differentiation cannot be made betwee n rear and side lot lines, the Architectural Control Committee will rul e and determine the lot width. A-4c REAR YARD REQUIREMENTS. On residential lots, no part of th e main building including garages and carports shall not be locate d nearer than 15 feet from the rear property line. In the case o f irregular shaped lots where a clear differentiation cannot be mad e between rear and side lot lines, the Architectural Control Committe e will rule and determine the rear yard location

4 , A-5 FENCES, WALLS, HEDGES. No exterior fences, walls and hedges may be erected, placed or altered on any residential lot until plan s and specifications showing the construction and location of suc h walls, fences, or hedges are submitted to the Architectural Contro l Committee and approved as to design, materials, and height. No hedge, fence or wall may be erected, placed or altered on an y residential lot nearer to any street than the building setback line o n 1 that lot, unless approved by the Architectural Control Committee. A privacy fence 6' high will be constructed along the southside of Lot 1 Block H and Lot 1 Block I one foot inside said property line at th e time a house is constructed on these lots. A 6' privacy fence will b e constructed along the rear property lines of Lots 2, 3, 4 and 5, Block I at the time a house is constructed on said lots. A-6 LOT AREA AND WIDTH. No dwelling shall be erected or placed o n any residential lot having a width of less than 70 feet at the minimu m front building setback line nor shall any dwelling be erected or place d on any lot having an area of less than 7,350 square feet. A-7 EASEMENTS. Easements for installation and maintenance o f utilities and drainage facilities are reserved as shown on the recorde d plat and over the front and rear seven and one half feet of each lot. Within these easements, no structure, planting or other material shal l be placed or permitted to remain which may damage or interfere wit h the installation and maintenance of utilities, or which may change th e direction of flow of drainage channels in the easements, or which ma y obstruct or retard the flow of water through drainage channels in th e easements. The easement area of each lot and all improvements in i t shall be maintained continuously by the owner of the lot, except fo r those improvements for which a public authority or utility company i s responsible. A-8 NUISANCES. No noxious or offensive activities shall be carried o n upon any residential lot, nor shall anything be done thereon whic h may be or may become an annoyance or nuisance to th e neighborhood. 816

5 VOL 770 PAGE A-9 TEMPORARY STRUCTURES OR EMPLACEMENTS. No structure or placement of a temporary character, mobile home, trailer, derelict, junk or racing vehicle, or any vehicle without a current license plate, or tent, shack, barn, or other outbuildings that ar e larger than 8 feet by 10 feet in width and length and 8 feet high shal l be erected, placed, driven, altered or permitted to remain on an y residential lot at any time, either temporary or permanent withou t the prior consent of the Architectural Control Committee. No residential building or mobile home may be moved upon an y residential lot in this addition and be used as a residence. A-10 SIGNS AND SALES PROGRAM. No signs of any kind shall b e displayed for public view on any residential lot except on e professional sign of not more than one square foot, one sign of not more than 5 square feet advertising the property for sale or rent or signs used by builder to advertise the property during the constructio n and sale period. All merchandising, advertising, and sale s programming in Village 22 at Anderson Mill, shall be subject to approval by the developer and shall be in conformity with the genera l marketing plan for Village 22 at Anderson Mill. For sale signs used to market all new homes shall be those approved by the Anderson Mil l Joint Venture. A-11 OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations at any tim e shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in an y residential lot. Nor derrick or other structure designed for use i n drilling for oil or natural gas shall be erected, maintained or permitted upon any lot. A-12 LIVESTOCK AND POULTRY. No animals, livestock or poultry o f any kind shall be raised, bred or kept on any residential lot, excep t dogs, cats, or other household pets may be kept provided they are no t kept, bred or maintained for any commercial purposes. '1W

6 A-13 GARBAGE AND REFUSE DISPOSAL. No residential lot shall b e used or maintained as a dumping ground for rubbish, trash, garbage or other waste and the same shall not be kept, except in sanitar y containers. All incinerators or other equipment for the storage o r disposal of such material shall be kept in a clean and sanitar y condition.,~ 3 ; 6 0'3 -, A-14 WATER SUPPLY. No individual water supply system shall be permitted on any lot. A-15 SEW AGE DISPOSAL. No individual sewage system shall b e permitted on any lot. A-16 SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, o r shrub planting which will obstruct sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remai n on any corner lot within the triangular area formed by the stree t property lines and a line connecting them at points 25 feet fro m intersection of the property lines, or in the case of a rounde d property corner, from the intersection of the street property line s extended. The same sight line limitation shall apply on any lot withi n 10 feet from an intersection of a street property line with the edge o f a driveway or alley pavement. No tree shall be permitted to remai n within such distances of such intersection unless the foliage line i s maintained at sufficient height to prevent obstruction of such sigh t lines. A-17 MASONRY REQUIREMENTS. Residences located on interio r residential lots shall have a minimum of 25% of their exterior wall s of the first floor of stone or masonry construction. Residence s located on corner lots shall have a minimum of 5096 of their exterio r walls facing streets of stone or masonry construction. In computing these percentages (1) all gables shall be excluded from the total area of exterior walls; (2) all windows and door openings shall be exclude d from the total area of exterior walls, and (3) stone and masonry used

7 VOL 770 PAGE on fireplaces, chimneys, and masonry used on walls of an attache d garage may be included in the computation as stone or masonr y construction. A-18 SIDEWALK REQUIREMENTS. All non-park lots within Village 22 a t Anderson Mill shall have a concrete sidewalk, installed at such tim e as a building is constructed thereon, along the street rightof-wa y between the lot line and curb line or within such sidewalk easement s as may be provided on the lot, whichever the case may be, an d construction shall be in accordance with the specifications of th e City of Austin. B. B-1. ARCHITECTURAL ThCONTROL COMMITTEE MEMBERSHIP e Architectural Control Committee is composed of thre e representatives of the following Anderson Mill Joint Venturers : LUMBERMEN'S INVESTMENT CORPORATION SOUTHERN UNION REALTY COMPAN Y The majority of the Committee may designate a representative to ac t for it. THE ANDERSON MILL JOINT VENTURE shall have ful l authority to designate successors as necessary. Neither the member s of the Committee, nor its designated representative shall be entitle d to any compensation for services performed pursuant to thi s covenant. At any time, the then record owners of the majority o f the lots in Village 22 at Anderson Mill shall have the power, through a duly recorded written instrument, to change the membership of th e Committee or to restore to it any of its powers or duties as they may pertain to Village 22 at Anderson Mill. B-2 PROCEDURES. The Committee's approval or disapproval require d in these covenants shall be in writing. C. C-1 TERM. These covenants are to run with the land and shall b e -7

8 EAL) (NO S VOL 770 PAGE 46 5 binding on all parties and all persons claiming under them for a perio d of 40 years from the date these covenants are recorded, after whic h time such covenants shall be automatically extended for successiv e periods of 10 years, unless an instrument signed by the then owners o f a majority of the lots has been recorded, agreeing to change suc h covenants in whole or in part. C-2 ENFORCEMENT. Enforcement shall be by proceeding in law or i n equity, against any person or persons violating or attempting t o violate any covenant, either to restrain violation or to recove r damages. SEVERABILITY. Invalidation of any one of these covenants b y judgement or Court Order shall in no wise affect any of the othe r provisions which shall remain in full force and effect. WITNESS its hand at Austin, Texas, this 11th day of September, ANDERSON MILL JOINT VENTUR E gno S EAL By: William E. Holloway,,,3'fM/J,Z'/ })14/k', Vic e President - TEAS FINANCIAL SERVICES, (No SEAL) K. M. Jastrow,Presid ent LUMBERMEN'S INVESTMENT CORP. Richard L. Strycker, Vice Presiden t SOUTHERN UNION REALTY CO. Wayne McDonal d P. O. Box 4 0 Austin, T K. M. Jastrow, I I P. O. Box 4 0 Austin, T Richard Strycker N. Central Expressway, Suite 20 0 Dallas, T Ray Miller, Designated Representative P. O. Box 4 0 Austin, T REPUBLIC NATIONAL BAN K L) EA By : : *Architectural Control Committee Members George T. McGuffey; Vice President

9 VOL 770 PAG E 46 THE STATE OF TEA S COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personall y appeared George T. McGuffey,Vice President o f Republic National Bank, known to me to be the person whose nam e is subscribed' to the foregoing instrument, and acknowledged t o me that he executed the same for the purposes and consideratio n therein expressed, and in the capacity therein stated..;given UNDER MY HAND and seal of office this 5t h day o f NOTARY S E -A/( -11 ) (.?-/.M.e Notary Public in and for Dallas County, Texa s DEBRA HAUS E Notary Public, Dallas County, Texas My Commission Expires THE STATE OF ARIZON A COUNTY OF MARICOPA BEFORE ME, the undersigned authority, on this day personall y appeared //////////// William E- Holloway Vice President o f Texas Financial Services Inc., a Delaware corporation, known t o me to be the person whose name is subscribed to the foregoin g instrument, and acknowledged to me that he executed the same fo r the purposes and consideration therein expressed, and in th e capacity therein stated. GIVEN UNDER MY HAND and seal of office thi s 27th day o f August, L c Notary Public in and for Maricopa County, Arizon a My Commission Expires June 3, 1980 NOTARY SEAL

10 THE STATE OF TEA S COUNTY OF TRAVIS VOL 770 PAG E 467 BEFORE ME, the undersigned authority, on this day personall y appeared K. M. Jastrow, II,known to me to be th e person and officer whose name is subscribed to the foregoin g instrument and acknowledged to me that the same was the act o f the said LUMBERMEN'S INVESTMENT CORPORATION a Texas corporation, and that he executed the same as the act and deed of suc h corporation, as the President thereof, for the purposes an d consideration therein expressed. GIVEN UNDER MY HAND and seal of office this day o f Travis County., Texas,~ /,, ;;,~ ~'. 'j2/ 4? Notary Public in and fo r t.. February 9, 1981 NOTARY SEA L THE STATE OF TEA S COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personall y appeared Richard L. Strycker, known to me to b e the person and officer whose name is subscribed to the foregoin g instrument and acknowledged to me that the same was the act o f the said SOUTHERN UNION REALTY, a Delaware corporation, and tha t he executed the same as the act and deed of such corporation, a s the Vice President and General Manager thereof, for the purpose s and consideration therein expressed. GIVEN UNDER MY HAND and seal of office this 30th day f o Augus t, J NOT7 ~t i2_(, ~/r~.l-~~~~~ Notary Public in and fo r Dallas County, Texas Kathy H. N ed row THE STATE OF TEA S County of Williamson } I, James N. Boydston, Clerk of the County Court of said County, do hereby cer tify that the foregoing instrument in writing, with its certificate of authentication, was filed for record in my office o n the 19th day of Sept._ A.D , at 9 : 00 o'clock A M., and duly recorded thi s the 19th day of Sept, A.D , at. 10:4 o'clock. A M., in the Deed Records of said County, in Vol pp_458 WITNESS MY BAND and seal of the County Court of said County, at office in Georgetown, Texas, the dat e last above written. (COURT SEAL JAMES N. BOYDSTON, CLERK, By Deputy County Court, Williamson County, Texa s

11 .= t Er og r0 '7 9 S TATE O F TEAS I hereby certify that this Ins, at Y~ lka~ yk rip trument RECORDEDR rurnenl was F ~OF T nd a RAVI In the S you hereon by of haft County, Ter me ; th e as named wa s tamped hereon REC ORD S n me, o by SEP 24, COUNTY CLER K TRAVIS COUNTY TEAS P t 0 p cu a) t ; 0 a s O C : El :-a es, vs,.y s~ a

Village 5 VOL 637 PAGE 191

Village 5 VOL 637 PAGE 191 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WILLIAMSON X 782" THAT THE ANDERSON MILL JOINT VENTURE, a joint ventur e of National Housing Industries, Inc.,