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CYPRESS FALLS

The undersigned Owners of Lots in Cypress Falls, a subdivision in Kerr County, Texas as described below, pursuant to and as provided in the Restrictions for Cypress Falls hereby amend the following Restrictions in their entirety to be and read as set forth in these Amended Restrictions which shall replace and supersede the following Restrictions as well as any and all other Restrictions applicable to Cypress Falls: A. Property subject to these Amended Restrictions shall be Cypress Falls Subdivision, a subdivision in Kerr County, Texas, according to the plat thereof filed in Volume 4, Page 229, Flat Records of Kerr County, Texas. B. Restrictions amended by these Amended Restrictions shall be:

1. Cypress Falls Mobile Subdivision Restrictions and Reservations of record in Volume 239, Page 666, Deed Records of Kerr County, Texas.

2. Cypress Falls Restrictions of record in Volume 299, Page 102, Deed Records of Kerr County, Texas.

3. Amended Restrictions, Covenants & Conditions of Cypress Falls Subdivision of record in Volume 416, Page 736, Deed Records of Kerr County, Texas.

4. Amendment to Amended Restrictions, Covenants and Conditions of Cypress Falls Subdivision of record in Volume 692, Page 125, Official Public Records of Real Property of Kerr County, Texas. The Property described and referenced herein is and shall be held, sold, occupied, used and conveyed subject to the restrictions, covenants and conditions set forth in these Amended Restrictions (these "Restrictions") which are and have been established for the preservation of the value, attractiveness and desirability of such Property and for the mutual benefit of the owners thereto and which are and shall be covenants running with said Property and binding on the Owners hereof and their successors and assigns.

Definitions. In construing these Restrictions the following words shall have the following meanings:

a) "Developer" mean and refer to Rio Bend, Inc., and Gary A. Roberts who shall act jointly and with mutual approval of both such parties, and the party(s) named by them as their respective successors, in writing, which successors may respectively name their successors in writing.

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b) "Original Flat" shall mean or refer to the plat filed of record in Volume 4, Page 229, Flat Records of Kerr County, Texas.

c) "Association " shall mean and refer to Cypress Falls Association, Inc., its successors and assigns.

d) "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of any Lot. - The

foregoing does not include any persons or entities who hold an interest in any Lot merely as security for the

performance of an obligation. The term "Owner" includes Developer, Builder and Investor if such party is a record owner of fee simple title of a Lot.

e) "Properties" shall mean and refer to the Property herein before described, and such additions thereto as may hereafter be added to these Restrictions as herein provided.

f) "Lot" shall mean and refer to any plot of land identified as a "Lot" upon any recorded subdivision plat of the Properties with the exception of the Common Areas.

g) "Member" shall mean and refer to each Owner who shall upon the acquisition of any interest in a Lot automatically become a Member of the Association and be subject to the Bylaws and Articles of the Association. Membership shall be appurtenant to, and not separated from, ownership of each Lot.

h) "Builder" shall mean any non-occupant Owner which is a builder or contractor who acquires a Lot for the purpose of resale thereof and for the purpose of constructing improvements thereon for resale.

i) "Investor" shall mean any Owner of three or more Lots who is a non-occupant and who holds title for the purpose of resale.

j) "Common Areas" shall mean and refer to all real property, and improvements thereon, designed as such in the Original Flat and/or in any other plat filed of record pursuant to these Restrictions and all other property acquired or owned by the Association for the common use and enjoyment of the Members. Common Areas. Subject to the provisions hereof, each and every Member and every tenant of every Member who resides on a Lot, and each individual who resides with either of them or who is a

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guest of either of them, respectively, on such Lot shall have a right and easement of use and enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot PROVIDED, HOWEVER, such easement shall not give such person the right to make alterations, additions or improvements to the Common Areas, Fee simple title to the Common Areas shall be conveyed to the Association subject to these Restrictions, free and clear of all encumbrances and liens other than the lien of current taxes and assessments not in default and utility easements and mineral interests outstanding and of record in Kerr County, Texas. The Common Areas owned by Developer shall be conveyed to the Association when the Developer no longer owns any Lots (or such earlier date as Developer shall elect), and prior to such conveyance by Developer the Common Areas shall be maintained by Developer who shall be reimbursed by the Association for such costs of maintenance. If additional property is made subject to these Restrictions pursuant to the provisions hereof and if a portion of such additional property is designated as Common Areas, such additional Common Areas shall be conveyed to the Association, The rights and easements of enjoyment created hereby shall be subject to the right of the Developer so long as Developer owns the Common Areas and thereafter the right upon acquisition of the Association to:

(a) Prescribe regulations governing the use, operation and maintenance of the Common Areas (including limiting the number of guests of Members);

(b) Borrow money for the purpose of improving the Common Areas and facilities and in aid thereof to mortgage the Common Areas, and the rights of such mortgagee in the Common Areas shall be subordinate to the rights of the homeowners hereunder;

(c) To dedicate or transfer all or any part of the Common Areas to any public agency, authority, or utility for such purposes and upon such conditions as may be reasonably necessary for the use of 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 or his family, guests, lessees or invitees, to the extent that the damage shall not be covered by insurance. For any period during which any assessment against a Lot remains unpaid, and for any period not to exceed sixty (60) days for an infraction of rules and regulations governing the use of the Common Areas, a Member's rights as a Member shall be suspended; provided, that such suspension shall not deny the use of such the Common Areas as is necessary for access to each Lot.  Land Use and Building Type. No Lots shall be used for any purpose except for residential purposes except the areas designated

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as Common Areas. The term "residential purposes", as used herein, shall be held and construed to exclude hospitals, clinics, duplex houses, apartment houses, boarding houses, hotels and to exclude commercial,  usiness and professional uses whether from homes, residences, or otherwise, and all such uses of said property are hereby expressly prohibited. No improvements shall be erected, altered, placed, or permitted to remain on any Lot other than one (1) single family dwelling per Lot and permitted accessory structures, which shall be used and occupied by only one (1) family and which shall include manufactured housing, modular and double wide mobile homes. Construction and sales offices may be construed on specific Lots and Common Areas as designated by the Architectural Control Committee or Developer.

The Architectural Control Committee. There is hereby established an Architectural Control Committee herein referred to as the "Committee". The Committee shall determine if the plans and specifications for any fence, building or other structure on any Lot meet the requirements of these Restrictions, determine if the appearance, including exterior color, design and quality of workmanship and materials are in harmony with the proposed scheme or plan of development of the Properties as established by the Committee, and approve the location of any such structure with respect to topography and ground elevation. No construction of any structure nor any addition or alteration of any structure may begin until a plot plan and plans and specifications for the same have been approved by the Committee. If approval is granted construction shall be commenced and completed within one (1) year thereafter and, if not, said approval shall be automatically withdrawn (unless such period is extended by the Committee) . 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 that describe the materials to be used on the exteriors. Notwithstanding the foregoing any manufactured housing, double wide mobile home or modular homes and related construction moved on any Lot must be completed as follows: a. Secured and tied down (permanently affixed) at the time moved onto a Lot. b. Masonry skirting within sixty (60) days after being moved onto a Lot. c. All other improvements, including concrete driveway, two car garage or carport within said  one (1) year period. 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 no Lots are owned by Developer or Developer designates and transfers such rights to the Association

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when Developer shall no longer appoint the Committee and the Committee shall then be appointed by the Board of Directors of the Association, and they shall thereupon be vested with all the 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 and no member of the Committee shall be liable for damages, claims or causes of action arising out of any service performed pursuant hereto. The Committee may grant variances to these Restrictions upon the request of any Owner or any Committee member and upon the determination by the Committee that such variance is appropriate and that such variance is necessary to avoid any undue hardship or to carry out and apply the intent of these Restrictions as interpreted by the Committee, provided that any such variance shall  not adversely affect or impair the rights and interests of other   Owners. The determination and decision by the Committee as to whether a variance should be granted shall be final and binding on all Owners, and neither the Committee nor any of its members shall be liable for damages, claims or causes of action arising out of any decision or action performed or taken hereunder. The Committee may consider in granting or denying any variance the nature of the use of the land, the structure to be constructed, the topography of the land, land use and structures on surrounding area, and the effect, if any, of the variance on the appearance of the completed structure. The Committee may impose such conditions as it deems appropriate in granting any such variance. Any such variance, if granted, shall apply only to the particular property and situation specified, and shall not amend these Restrictions or any provisions hereof, nor shall it be a variance as to any other property or situation. Dwelling Size and Construction. The livable area of the dwelling on each Lot, exclusive of open or screen porches, stoops, open terraces, garages or detached servants quarters, shall be not less than 1,100 square feet and the residence, dwelling and other improvements on each Lot shall comply with the following: (a) No residence, dwelling or other improvement shall have metal or aluminum aiding, but must have wood, masonite or masonry siding on its exterior wall area, unless other exterior materials are approved by the Committee. (b) All carports and porches must be adequate for two cars and installed with and become a part of the dwelling. Said  carports and porches shall not be removed without the express written consent of the Committee. The construction material for all carports and porches must be wood, masonite or masonry. All structures must be roofed with composition materials, except by special

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approval of the Committee, and all roofs shall be vented on a side of said roof least visible from any street, unless otherwise specifically approved by the Committee. (c) No window or wall type air-conditioner shall be permitted to be used, erected, placed or maintained on or in any structure on any Lot subject to these Restrictions, except in sales offices, (d) All manufactured housing, modular and double wide mobile homes must have masonry skirting and be permanent in character upon completion of installation. (e) No single width mobile homes shall be  allowed. (f) No landscaping shall be done in the front of any dwelling on any Lot subject to these Restrictions by any Owner which does not meet the minimum current landscaping requirements of the Committee. Owners of Lots subject to these Restrictions shall submit general landscape plans to the Committee. (g) All propane tanks shall be screened by landscaping or fencing approved by the Committee. (h) All driveways and walkways must be constructed of concrete. (i) All septic tanks or systems must comply with applicable rules, regulations, ordinances and laws and shall be permitted by and approved by the government entity which exercises or has authority over said systems. Building Location. No structure shall be located on any Lot nearer than twenty-five (25) feet to the street which dwelling faces and no closer than six (6) feet to the side boundaries of the Subject Lot. Construction Type & Term. All dwellings and structures shall be of new construction. No truck body, tent, shack, garden, barn or other structure (other than the dwelling) shall at any time be used or occupied as a dwelling, Temporary Buildings. No temporary buildings or structures shall be erected on any Lot. No private water wells or water supplies will be permitted within the Properties. Nuisances. No noxious or offensive activity shall be permitted upon any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

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rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot, and no odor shall be permitted to arise thereon, so as to render any such property or  any portion thereof unsanitary, unsightly , offensive, or detrimental to any other property in the vicinity thereof or to its occupants. The Committee shall determine noxious or undesirability and its decision shall be conclusive and binding on all parties. Each Owner shall, at his sole cost and expense, maintain and repair his Lot and the dwelling and other improvements situated thereon, keeping the same in good condition and repair. In the event that any Owner shall fail to maintain and repair his Lot and such dwelling and improvements as required hereunder, the Association, in addition to all other remedies available to it hereunder or by law, and without waiving any of said alternative remedies, shall have the right, through its agents and employees, to enter upon the Lot and to repair, maintain and restore the Lot and the dwelling and other improvements situated thereon; and each Owner (by acceptance of a deed or contract for deed for his Lot) hereby covenants and agrees to repay the Association the cost thereof immediately upon demand, and the failure of any such Owner to pay the same shall carry with it the same  consequences as the failure to pay any assessment hereunder when due. Household Pets. No animals, birds, or reptiles of any kind shall be kept or maintained on any Lot, except that not more than two (2) usual and ordinary household pets may be kept and mai.ntained on any Lot, provided that same are confined to the Lot where kept, except when reasonably exercised on a leash, and provided further, however, that same do not constitute a danger, or nuisance or annoyance as defined herein above, and provided that same shall be so kept and maintained in compliance with all applicable health regulations of any governmental authority. Inoperable Vehicles. No automobile, truck, trailer, or other vehicle or parts thereof, shall be abandoned on any Lot or Common   Areas. No repair or maintenance on automobiles, trucks, trailers, or other vehicles shall be conducted or  performed on any Lot provided that any individual Owner may perform maintenance on his privately owned vehicles if such maintenance is conducted in an enclosed structure and any such vehicle upon which such maintenance is performed shall not remain exposed to public view. Firearms. No firearms including pellet and B-B guns shall be discharged within the Properties. Easements. The use of easements as shown on any recorded plat(s) of the Properties is granted to the public and to the utility companies as set forth on the said plat(s) for the purposes of drainage, sanitary, and storm sewer lines, the location of gas, electrical, television cable, and television lines and conduits, and the maintenance thereof. Within these easements, no structure, planting or   other materials shall be placed or permitted to remain

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which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of easements  or which may obstruct or retard the flow of water through drainage channels in the easements (except as permitted by the Committee). The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. Maintenance of Lots. No Owner of any Lot either vacant or improved, shall be permitted to let such Lot go unmaintained and no weeds or grass shall be permitted upon any Lot in excess of twelve (12) inches in height. Lots shall be kept clean at all times. Garbage and Refuse Disposal . No Lot shall be used or maintained as a dumping ground for trash or garbage. Trash, garbage or other waste shall be kept in sanitary containers. No trash or garbage shall be burned on any Lot and no fire shall be permitted on any Lot unless written approval is obtained in advance from the Committee. All containers or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Storage of Materials. Storage of any type or kind of materials or products is prohibited upon all Lots except that building materials may be placed or stored upon a Lot to commence improvements thereon and then such materials shall be placed within the property lines of the Lot upon which improvements are to be erected shall remain only so long as construction is in progress and shall not be placed in the street or between the pavement or property line. No stumps, trees, underbrush or any refuse of any kind or scrap metal from the improvements being erected on any Lot shall be placed on any adjoining Lots, streets, or easements. All such materials, if not disposed of immediately must remain on the Lot upon which construction is in progress, and at the completion of such improvements, such material must be immediately removed from the Lot. Television Antennas. Television satellite and antenna receivers may be allowed upon the express written consent of the Committee. However, any such receiver shall be placed in an area properly landscaped or screened so that it is concealed from view from adjoining or adjacent Lots and Common Areas. Fences and Walls. No fence or wall shall be erected, placed or altered on any Lot nearer to a street than the minimum building set back lines established as aforesaid. Fences shall be four (4) to six (6) feet in height and constructed of wood or chain link, unless said height and/or material requirements shall be waived and an alternate to said restrictions approved in writing by the Committee. All Pence proposals must be approved by the Committee prior to construction. Where fences are to be erected on a utility

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easement, Owners must provide a gate through which the utility companies can pass for maintenance/installation of the, utilities along said easement. Motorcycles. No motorcycle, motorized bicycle, go-cart, dirt bike or all terrain vehicles shall be operated on any road within the Properties as shown on the plat of same or on any Lot unless such motorcycle, motorized bicycle, go-cart, dirt bike or all terrain vehicles are properly muffled. The determination of what constitutes "properly muffled" shall be solely within the discretion of the Committee. The primary purpose of this restriction is to prohibit noise pollution that is contrary to the common scheme of development of the Properties and it creates a nuisance to the Owners of Lots. Obstructions/Replattinq. No Lot may be re-subdivided or re- platted without the prior written consent of the Committee; each Owner hereby delegating to the Committee the right and authority to approve or disapprove the same and each Owner hereby expressly waiving any right to approve the same and any notice of the same. 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, or constructed or planted in, or removed from the Common Areas, without the written consent of the Committee.  Each Owner shall not alter or change the drainage or seepage on, over or across, nor the grade of any Lot, 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 affect on such drainage or seepage. Each Owner shall not obstruct or in any way prevent other Owners from exercising their rights of ingress and egress as herein set forth. Trucks, Boats. Motor Homes, Buses & Trailers. No truck, camper, trailer, R.V., travel trailer, motor home, recreational vehicle, automobile, boat -- whether powered or sail or otherwise - or other vehicle or trailers (collectively "Trailers and Vehicles") will be stored, parked or kept on any Lot or in any street for more than sixty (60) hours during a seventy-two (72) hour period, and no inoperative Trailers or Vehicles (inoperative defined herein as not in a running or usable condition) may be parked or stored on any Lot or in any street at any time; provided, that nothing herein contained shall be construed to prohibit the storage of Trailers and Vehicles in a garage permitted on any Lot covered hereby, provided the garage door shall be kept closed or in an enclosure fenced from view from adjoining properties and owners at the rear of any Lot. Prohibition Against Moving in Houses. No dwelling, house or other structure shall be moved onto any Lot from outside the Properties unless it is a modular home or a double wide mobile home that has been approved in writing by the Committee.

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Parking. Permanent on the street parking is prohibited. Signs. No signs whatsoever (movable or affixed), including, but not limited to, commercial, political and similar signs, which are visible from neighboring property shall be erected or maintained on any Lot except (a) Such signs as may be required by law. (b) A residential identification sign. (c) During the time of construction of any building or other improvement, on job identification sign not larger than five (5) square feet. (d) A "for sale" or "for rent" sign, of a reasonable type, size and appearance, which is similar to other signs customarily used in Kerr County, Texas, to advertise individual parcels of residential real property. The content, size and location of all signs shall be subject to such rules as the Committee may promulgate. The provisions of this paragraph shall not prevent Developer from commencing, erecting, or maintaining structures or signs of any content or size on Lots and Common Areas owned by Developer as Developer deems necessary or convenient to the development, sale, operation or other disposition of the Lots owned by Developer. Association Membership. All of the Lots are sold or conveyed upon the understanding that the record Owner (excluding expressly any Lessee) will automatically become and remain a Member of the Association and the Member and his property shall be subject to the provisions of these Restrictions, including any obligation imposed for the payment of any costs, dues or assessments. Right of Mortgagee. Any violation of any of the easements, agreements, restrictions, reservations, or covenants contained herein shall not have the effect of impairing or affecting the rights of any mortgagee, guarantor, or trustee under any mortgage or deed of trust outstanding against the Lot, at the time that the easements, agreements, restrictions, reservations, or covenants are violated. In order to encourage the granting of first mortgage liens on property within the Properties, Developer or Association may proceed to enforce its prior lien, granted and reserved under these Restrictions upon any property upon which there is outstanding a valid first mortgage lien, it shall be necessary that a sixty (60) day written notice be sent to the nearest office of such first mortgage lien holder by registered mail of such intent which notice may be a statement of the charges delinquent, together with the notation "Final sixty (60) day written notification to proceed to collect maintenance fund lien." Upon request by any first lien mortgage holder, or Proposed holder, Developer or  

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Association shall furnish, for the mortgage holder' a file, an executed form relating the provisions of this paragraph to the applicable individual Lot. General Provisions. (a) Term. These Restrictions are and shall be covenants that run with the Properties and shall be binding on all parties having any right, title or interest in the Properties and all persons claiming under them until January 1, 2006, after which time these Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by not less than 2/3rds of the then Owners of the Lots is filed for record in Kerr County, Texas, rescinding these Restrictions in whole or in part. These Restrictions may be amended by Developer (and the parties specified as Developer hereunder) without the joinder of any other Owner so long as Developer owns a Lot or Lots. These Restrictions may be amended by the Owners of 75% of the Lots with the approval of Developer so long as Developer owns any Lot. Any change or amendment shall be set forth and be evidenced by a successor or supplemental instrument bearing the signatures of the requisite parties and the recording of same in the Real Property Records of Kerr County, Texas. (b) Enforcement. These Restrictions are for the benefit of all Owners of Lots and their heirs, executors, administrators and assigns. Accordingly, all of these Restrictions shall be construed to be covenants running with the land, enforceable at law or in equity by Developer and any one or more Owners. These Restrictions are performable and shall be enforceable in Kerr County, Texas. (c) The invalidity, abandonment or waiver of any one of these Restrictions shall in no way affect or impair any other portion of these Restrictions which shall remain in full force and effect. The right is expressly reserved to the Developer, the Committee and/or the Board of Directors of the Association and their successors and assigns, to interpret any and all conditions, limitations and restrictions contained in these restrictions and such right shall be without prejudice to the rights of enforcement prescribed herein. In the event of conflict in such interpretation the interpretation of Developer shall govern. Abatement and Removable of Violation. Violation of any restriction or condition or breach of any covenant herein contained

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shall give the Developer, the Board of Directors of the Association, the Committee, or any Member, or their agents, in addition to all other? remedies, the right to enter upon the Lot on which the violation occurred, and to abate and remove the violation at the expense of the Member on whose Lot the violation occurred and the Developer, tile Board of Directors of the Association, 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. Assessments. (a) Each Owner by acceptance of a deed, contract or other agreement , therefor, whether or not it shall be so expressed in any such deed or other agreement, shall be deemed to covenant and agree, to pay to the Association (or to a mortgage company or other collection agency designated by the Association) assessments or charges fixed, established and collected form time to time as hereinafter provided. The assessments thus collected by the Association shall constitute the Maintenance Fund. The assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on, and shall be a continuing lien upon such Lot against which such assessment is made. Each such assessment together with such interest thereon and cost of collection thereof, as hereinafter provided, shall also be the continuing personal obligation of the Owner who is affected thereby, at the time when the assessment became due. (b) The Assessments levied and the Maintenance Fund shall be used (paid by the Association or to the Developer as and if incurred by such parties) (i) for the purpose of promoting the recreation, health, safety and welfare of the residents of the Properties and in particular for the improvement and maintenance of private roadways, walkways or other properties, services and facilities devoted to this purpose and directly related to the use and enjoyment of the Common Areas, (ii) for paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Areas; (iii) for carrying out the duties of the Association as set forth herein, (iv)  for carrying out the purposes of the Association; and (v) for the acquisition of Common Areas. (c) Developer shall have, at its election, the right in common with the Association to improve , acquire and maintain the Common Areas, and to exercise the rights and duties of the Association and to pay taxes on and insurance in connection with the Common Areas and the

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cost of repairs, replacements and additions thereto, and for paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required   for, and management and supervision of, the Common Areas. In this regard, all assessments collected by the Association shall be forthwith paid by the Association to Developer, to the extent that such assessments are required by Developer to pay the costs of Developer incurred to improve, acquire and maintain the Common Areas as set forth in this paragraph. (d) Initially the monthly assessment for each Lot not owned by Developer, Builder, or Investor, shall be $10.00, Developer, Builder or Investor shall be exempt from any such assessment. The Association shall fix assessments in each year in accordance with these Restrictions, and if it fails to do so Developer may do so. In addition to the assessments authorized herein above, the Association may in its discretion, or if it fails to do so, Developer may do so, levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any unexpected construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas , including the necessary fixtures and personal property related thereto; PROVIDED, THAT any such assessment shall have the affirmative approval of Developer and Owners owning a majority of the Lots. All assessments must be fixed at a uniform rate for all Lots except those that are exempt as provided herein. (e) The assessments provided for herein shall commence as to all Lots on the first day of the month following conveyance of a Lot and shall be payable in equal monthly installments, in advance, on the first day of each month thereafter. The due date or dates, if it is to be paid in installments, of any special assessments shall be fixed in the respective resolution authorizing such assessment. All assessments shall be payable in Kerr County, Texas. (f) If assessments are fixed as herein provided a roster of the Lots and assessments applicable thereto shall be prepared and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be delivered or mailed to every Owner subject thereto. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer or agent of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. A

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reasonable charge may be made for the issuance of such certificates. (g) If any assessment or any part thereof is not paid on the date(s) when due, then the unpaid amount of such assessment shall become delinquent and shall automatically be due and payable together with such interest thereon and cost of collection thereof as hereinafter provided. Each Owner hereby grants a continuing lien on each Lot of each such Owner as security for such assessments which shall bind such Lot in the hands of the Owner, his heirs, legal representatives, successors and assigns. Further there is hereby retained a vendor' a lien against each as security for said assessment and said vendor's lien is hereby transferred and assigned to the Association without recourse. The obligation of an Owner to pay such assessments as are payable on or prior to the date on which his successors in title became the owner of his Lot shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. The lien for assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect, except as otherwise expressly provided herein. No Owner may waive or otherwise escape liability for the assessment provided herein by non-use of the Common Areas or abandonment of his Lot. (h) If any assessment or part thereof is not paid within thirty (30) days after the delinquency date, the unpaid amount of such assessment shall bear interest from the date of delinquency at the highest rate allowed by law and the Association (or Developer if the Association fails to do) may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment and/or to foreclose the lien against the Lot subject thereto and there shall be added to the amount of such assessment the costs of preparing and filing the compliant in such action and in the event a judgment is obtained such judgment shall include interest on the assessment as above provided and a reasonable attorney's fees to be fixed by the Court, together with the costs of the action. (i) An Owner upon the sale or transfer of a Lot may obtain from the Association, who shall furnish to such Owner's purchaser or transferee, a certificate (dated not more than ten [10] days prior to the date of such transfer or conveyance) in writing signed by an officer or agent of the Association setting forth the assessments payable by such Owner. Such certificate shall be furnished by the Association in accordance herewith.

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(j) The lien of the assessments provided for herein shall be subordinate and inferior to the lien of equivalent  security interest of any first mortgage or deed of trust now or hereafter placed upon a Lot subject to assessment if the mortgage or deed of trust is for purchase money of or construction of improvements on such Lot and placed upon the Lot at a time when no default has occurred and is then continuing in the payment of any portion of such assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to the time when the holder of any first mortgage or deed of trust acquires title to a Lot under the ~ provisions of the mortgage, by virtue of foreclosure of the mortgage, or by deed or assignment in lieu of foreclosure, or the time when a purchaser at any such foreclosure sale acquires title to a Lot except for claims for a share of such charges or assessments resulting from a reallocation of such charges or assessments to all Lots including the mortgaged Lots in question. Such sale shall not relieve such Lot from liability for the amount of any assessments thereafter becoming due nor from the lien of any such subsequent assessment. (k) The following shall be exempt from the assessments , charges and liens created herein: (i) All properties dedicated and accepted by the local public authority and devoted to public use. (ii) All Common Areas. (iii) All Lots and portions of the Properties owned by any Developer, Builder or Investor. (1) The omission to fix the assessments hereunder for any year, shall not be deemed a waiver or modification in any respect to the provisions hereof; or a release of any Owner from the obligation to pay the assessments, or any installation thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is filed. (m) Said maintenance charge and assessments, together with said liens securing the same, shall remain in effect and shall be collectable until January 1, 2006, and shall be extended automatically for successive periods of ten (10) years, unless prior to the commencement of any extended ten (10) year term the Owners of a majority of the Lots and Developer if Developer owns any Lots elect to discontinue such charges, which election shall be evidenced by a written instrument executed and

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acknowledged by the Owners of a majority of the Lots and Developer and filed of record in the office of ·the County Clerk of Kerr County, Texas. Acceptance of Declaration. By acceptance of a deed, or by acquiring any ownership interest in any of the Properties each person or entity, for himself or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, successors, transferees and assigns, to all of the provisions, restrictions, covenants, rules and regulations now or hereafter imposed by these Restrictions and any amendments thereof. In addition, each such person by so doing thereby acknowledges that these Restrictions set forth a general scheme for the improvement and development of the Properties. Additional Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to these Restrictions is located in Kerr County, State of Texas, and is more particularly described herein. Developer may, without the consent of any Owner, at any time and from time to time, add to  said real property and to these Restrictions any property which is now or hereafter owned by Developer (or any party designated as Developer hereunder) within Kerr County, Texas, by filing of record a Supplemental Declaration of Restrictions, and such Supplemental Declaration may contain such complementary additions and modifications of the covenants, conditions and restrictions contained in this Declaration as Developer may determine to be necessary. IN WITNESS WHEREOF, the undersigned have executed these Amended Restrictions as of the 1 St. day October, 1993, by executing a signature page attached hereto and these Amended Restrictions may be executed in multiple counterparts each of which when taken together shall be and constitute one document and each such signature page may be attached to and recorded with one such counterpart.  

PROPOSE AMENDMENTS TO

RESTRICTIONS FOR

CYPRESS FALLS

June, 1998

The following changes to the existing restrictions and amendnments of Cypresss Falls, City of Ingram, Kerr County, Texas have been recommended by members of the homeowners association who attended the meeting on May 4, 1998. The existing restrictions are as follows and have been recorded at the Kerr County courthouse in the books of as listed:

1. Original restrictions dated September 17, 1980 Vol 238 Page 666

2. First revision dated June 24, 1984 Vol 299 Page 102

3. Second Revision dated June 27, 1986 Vol 416 Page 736

4. Third Revision dated October 12, 1991 Vol 692 Page 125

5. Fourth Revision dated October 1, 1993 Vol 715 Page 247

1. No window or wall type air conditioner shall be installed on the fornt of a home facing the stree located on any Lot subject to these Restrictions. #5 pg.252
2. Masonry skirting will be installed within 90 days agter being moved onto a Lot. #5 pg.250
3. The installed concrete driveway will have a minimum of a ten (10) inch diameter culvert in the barrow or a low-water crossing may be installed to avoid containment of ditch water. Said driveway will be completed with one (1) year of being moved onto Lot. #5 pg.250
4. Storage sheds will be of wood or metal; however, they must be new when installed and placed at the rear of the home. #5 pg.250 Totally replaces Item C.
5. Fences will be of wood or chain link four (4) to (6) feet high. They will not protrude beyond the front surface of the home. All fence proposals must be submitted, in writing, to the next scheduled meeting and approved by the officers and members present prior to construction. #5 pg.254
6. All homes are required to place their house number on the front of their homes in a conspicuous manner in order to assist emergency and public wervice vehicles tolocate emergencies and requested repairs or deliveries quickly.

The above amendments having been voted on at the June 8, 1998 meeting of the association held in the City Park in Ingra. Only paid members were allowed to vote. Signatures on those voting in person are notorized on the following page.

President                 Vice-President         Secretary        Treasurer

Vicki S. Coulson         Pat Hardwick         Jo Mundy         Lois Christianson