Welcome to GOLDEN OAKS
Property Owners Association
Payne Springs, Texas
GOLDEN OAKS SUBDIVISION RESTRICTIONS SECTIONS I, II, III
X KNOW ALL MEN BY THESE PRESENTS
THE STATE OF TEXAS
THE COUNTY OF HENDERSON
That, L. & R. LAND COMPANY and PINECO, INC., Texas corporations, the owners of GOLDEN OAKS SUBDIVISION'SECTIONS I. II & III as shown by the plat thereof duly recorded in the Plat Records of Henderson County, Texas, does hereby acknowledge, declare and adopt the following restrictions which are hereby impressed on all of said property and these restrictions and covenants shall run with the land.
(Establish Architectural Control Committee)
1.A. There shall be established an Architectural Control Committee composed of three (3) members appointed by the undersigned (and/or by designees of the undersigned. from time to time) to protect the owners of lots in this subdivision against such improper use of lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned- structures and structures built of improper or unsuitable materials, to obtain harmonious architectural schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes and placement of attractive camping units and Mobil homes thereon with appropriate locations thereof on lots; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and in general to provide adequately for a high type of quality of improvements in said property, and thereby to enhance the value of investments made by purchasers of lots therein.
(Liability of Architectural Control Committee and 'Directors)
l.B. Neither the undersigned, nor the Architectural Control Committee, nor the members of said committee, nor officers, nor the Directors of GOLDEN OAKS OWNERS ASSOCIATION (hereinafter referred to as G. O. Owners Association), shall have any liability nor responsibility at law nor in equity on account of the enforcement of, nor on account of the failure to enforce, these restrictions,
(Commercial Lots - Building Qualifications)
2. Subject to the provisions of numbered paragraphs 8 and 9 hereof and except on lots No. 1
through 11 in Section I and 289 through 309 in Section II which are hereby designated as commercial, all lots are designated as permanent and/or temporary camping lots only, and no building shall be erected or maintained thereon other-than a tool storage building (minimum floor area of30 square feet and maximum floor area of 144 square feet) or a private boathouse for the sole use of the purchaser of such lot. The lot designated as commercial shall be used only for residential purposes as set forth above and/or for retail sales or service establishments so conducted that they do not duly conflict with the residential character of the subdivision, and all provisions of these restrictions apply to lots designated as commercial lots unless commercial lots are specifically excluded from such provisions.
(Construction Qualifications and Underpinning)
3. Subject to the provisions of numbered paragraphs 8 and 9, no used existing buildings or
structure of any kind and no part of a used existing building or structure shall be moved onto, placed on,
PAGE 1
or permitted to remain on any lot; all construction must be of new material (except stone, brick, and inside construction material, if such use is approved in writing by the Architectural Control Committee) and no tar paper type roof or siding materials will be used on any structure, and no sheet metal type of roof or siding materials will be used on any structure without written approval of the Architectural Control Committee, and the exterior of any building must be painted or stained. All buildings and structures shall be completely underpinned and underskirted with no piers or pilings exposed to view. No natural drainage shall be altered, nor shall any drainage" ditch, culvert, nor drainage structure of any kind be installed nor altered, without prior written consent of the Architectural Control Committee.
(Permits and Qualifications)
4. No building, fence, or other structure or improvements shall be erected, placed or altered
on any lot until two copies of the construction plans and specifications, including color photographs of a camper, Mobile home, storage building or the like and specifications of all exterior and roofing materials including color of paint or stain and a plan• showing the proposed location of the structure, have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design with existing structures and as to location with respect to topography and finish grade elevation and otherwise. If such construction, placement or alteration is not commenced within eight (8) months of such approval, the approval shall be null and void unless an extension is granted in writing.
(Fence Locations)
5. Fences shall be permitted to extend to the side and back lot lines and to no less than 5 feet
of the front lot lines, but without impairment of the easements reserved and granted in these restrictions.
(Set backs and Lot Lines Defined)
6. No building, mobile home, camper or structure other than a fence shall be located nearer
to the side street line than 20 feet or nearer to the side lot line or rear lot line than 5 feet. "Side lot line" and "rear lot line”, respectively, as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by the undersigned to) the same person or persons and used as a single building site, shall thereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot line furthest from the front lot line considering, said contiguous whole and/or fractional lots as one lot. No building, mobile home, camper or structure other than a fence shall be located nearer to the front lot Line than 20 feet. Provided, however, that the Architectural Control Committee may allow lesser set-backs than provided in this paragraph when unusual topography or design warrant it, and that roof overhangs of up to three feet may be waived by said Architectural Control Committee. Any waiver granted shall be junior to easements granted below.
(Animals)
7. No animals or birds, other than household pets, shall be kept on any lot.
(Requirements - Dwellings - Septic Systems)
8. Provided it has been approved by the Architectural Control Committee and meets the
requirements of paragraph 3 above, (I) a permanent conventional residence if it is of at least 750 square feet, may be built on any lot, and a mobile home with a minimum of 400 square feet may be placed on and used on any lot. Subject to the remaining provisions of this paragraph, no outbuildings other than a private boathouse, garage, or storage building of size herein above provided shall be erected on any lot,
PAGE 2
and no outbuilding, boathouse, garage or storage building erected on any lot shall at any time be used as
a dwelling, temporary or permanently, nor shall any shack be placed on any lot. Camping shall be permitted on all lots thereunder with travel trailer, motor home or tent, which shall be of good
appearance and repair and, prior to placing on the lot shall have been approved in writing by the Architectural Control Committee. The Architectural Control Committee may, as condition to its said approval, make any requirement which in its judgment is deemed proper, including the following requirements: (a) that the mobile home or camper unit be not be more than 6 years old at date of application, be in good repair and of attractive design and appearance, an If a mobile home, be underpinned within 90 days with a material approved by the Architectural Control Committee, (b) that any mobile home or camper unit not built by a commercial mobile home or camper unit not built by a commercial mobile home or camper manufacturer be of design, appearance and quality comparable to those built by commercial manufacturers, and (c) water service must be connected and an approved septic tank must be installed before any mobile home is occupied, even though used for camping only. Tents and similar types of temporary camping equipment may riot be left on a lot unattended for more than 72 consecutive hours. A septic tank system may be constructed only if it complies with the requirements of the Health Department of the State of Texas and of the local authorities having jurisdiction.
(Easements and Maintenance on Easements, Lot Lines Defined)
9.A. On all lots hereunder, easements are reserved along and within 5 feet of the side and rear
lines and along and within 20 feet of the street lines. Said easements established in the next preceding sentence are for the construction, operation and perpetual maintenance of conduits, poles, wires and fixtures for electric lines, gas lines, telephone lines, water lines, sanitary and storm sewers, road drains
and other public and quasi-public utilities, with right of ingress and egress from across said premises to employees of said utilities. Easements are reserved along and within 20 feet of the aforesaid lot lines for employees of such utilities to cut down and/or trim any trees or shrubbery which at any time may interfere with or threaten to interfere with the operation or maintenance of such lines. To the extent neither said constructive nor maintenance of any of the items mentioned in the preceding sentences of this paragraph has commenced along any respective lot, "side lots" and "rear lines on all lots, II respectively, as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by the undersigned to) the same person or persons and used as a single building site, shall thereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot lines furthest from the front lot line considering said contiguous whole and/or fraction lots as one lot.
(Easements that cross Private Property)
9.B. It is understood and agreed that it shall not be considered a violation of the provisions of
the easement if wires or cables or cross arms carried by such pole lines pass over some portion of said lots not within the easement as long as such lines do not hinder the construction of buildings on any lots hereunder.
(Subdivision Deviations)
9.C. The undersigned and/or their designees may, on any lot and/or lots then owned by them,
construct, maintain, use and allow to be used by others, parks, swimming pools, playgrounds, community center buildings, sales offices, storage, operation and maintenance facilities, and the like, and numbered paragraphs 2, 3, 4, 5, 6, 7, 8, and 11 hereof shall not apply thereto.
PAGE 3
(Sanitary Requirements and Sewage Restrictions)
10. No outside toilet or privy shall be erected or maintained on any lot hereunder. The materials installed in, and the means and methods of assembly of, all sanitary plumbing shall conform with the requirements of the Health Department of the State of Texas and the local authorities having jurisdiction. No sewage nor effluent shall be disposed of upon, in, nor under any lot hereunder except into a septic tank or approved system meeting the aforesaid requirements.
(Construction Time Limits - Lot Misuse)
11. Any buildings, structure, or improvement commenced upon any lot shall be completed as to exterior finish and appearance within six (6) months from the commencement date. No lot or portion of any lot shall be used as a dumping ground for rubbish or trash, nor for storage of items or material (except during construction of a building), and all lots shall be kept clean and free of any boxes, rubbish, trash, inoperative cars, tall grass or weeds or other debris and refrigerators and other large appliances shall not be placed outdoors. The undersigned shall have the right to enter the property where a violation exists under this paragraph and remove the incomplete structure or other items at the expense of the offending party.
(Dues Description)
12. Subject to the provisions of the last two sentences of this paragraph as to each lot in this subdivision (defined for the purpose of this paragraph 12 as Golden Oaks Subdivision), an assessment is hereby made of (i) $2.00 per month per lot the owner of which owns only one lot in said subdivision, and (ii) a Pro rata amount per month per lot in said subdivision in respect to lots of which two or more are owned by the same person but not to exceed $6.00 per month as to the total of all lots owned by one owner in said subdivision; the word owned as used in this sentence shall include also the purchaser under a sales contract with the undersigned of a lot in Golden Oaks Subdivision. Such assessments may be used for the enforcement of these subdivision restrictions and for the construction, reconstruction, improvements and maintenance of roads and streets, parks and any other improvements in Golden Oaks Owners Association, and for security guards at Golden Oaks Subdivision, and for any other uses approved by the Board of Directors at Golden Oaks Owners Association, it being understood that said parks and recreational areas are for the sole use and benefit of members of said association, their families and authorized guests of families. Said assessments shall accrue from the earlier date of the agreement for deed accrued from the undersigned as seller to a purchaser or the conveyance by the undersigned as granter. Such assessment shall be and is hereby secured by a lien on each lot thereunder, respectively, and shall be payable to Golden
Oaks Owners Association, its successors and assigns, the owner of said assessment funds on March 1 of each year commencing in 1980 at which date in the year 1980 and in successive years said assessment lien shall conclusively be deemed to have attached, and there shall be no lien securing said assessment until March of each year. Said assessment lien shall be junior and subordinate to any lien which may be placed on any lot or any portion of any lot as security for any interim construction loan and/or any permanent loan for financing improvements on said lot and/or any purchase money loan for any lot on which a dwelling or building complying with these restrictions has therefore been constructed. Assessments against lots owned by the undersigned shall accrue and liens securing same may be attached only during such times as a contract to purchase said lots is then in force; no assessment shall be made against the undersigned nor against the unsold lots owned by it at any time (whether or not such lots have been previously sold and the contract canceled or otherwise terminated) and as to any lot then owned by the undersigned not covered by contract with the undersigned then in force to sell or reserve for sale such lot, any then accrued but unpaid assessment under this paragraph against such lot shall thereupon be automatically canceled.
PAGE 4
After the last Friday in September 1985, members in Golden Oaks Owners Association may elect by majority vote of the members present at a meeting of members duly convened to increase such assessments.
(Subdivision of Lots, streets and Access roads)
13. No lot shall be subdivided, unless subdivision is for the purpose of enlarging adjoining lots
and is to be used in connection thereto, and henceforth said parcels of subdivided lot cannot be sold individually. No lot or any part of a lot shall be used for a street, access road or public thoroughfare without the prior written consent of the undersigned, its successors and assigns.
(Hunting and Firearms)
14. No hunting or discharging of firearms shall be permitted on any lot or in any part of the subdivision
(Violation of Deed Restrictions and Penalty)
15. Subject to the provisions of the last sentence of this paragraph, if any person or entity, as
defined hereinafter, whether or not lawfully in possession of any real property hereunder, shall either (I) violate or attempt to violate any restriction or provision herein, or (ii) suffer to be violated (with respect to the real property in which such person or entity has rights other than the rights granted by this sentence) any restriction or provision herein, it shall be lawful for G. O. Owners Association and/or any person entity, as defined hereinafter, possessing rights with respect to any real property hereunder, to prosecute any proceedings at law or in equity against any such person or entity violating, attempting to violate and/or suffering to be violated any restriction or provisions herein to (I) prevent such violation, (ii) recover damages or other dues for such violation, and (iii) recover court costs and reasonable attorney's fees incurred in such proceedings. "Person or entity, It as used in the next preceding sentence hereof, shall include, but shall not be limited to all owners and purchasers of any real property hereunder, as well as all heirs, devisees, assignees, legal representatives and other persons or entities who acquire any of the rights (with respect to the real property hereunder) of the owner or purchaser of any real property hereunder. Notwithstanding any proceedings at law or in equity on account of any violation or attempted violation of any restriction or provision herein which occurs during such time as there is in force a contract to purchase the property where such violation or attempted violation takes place.
PAGE 5
(Restriction Contigency)
16. Invalidation of anyone or more of these covenants and restrictions by judgment of any court shall in nowise affect any of the other covenants, restrictions, and provisions herein contained, which shall remain in full force and effect.
(T.P.& L. Easements, Section III septic requirements)
17. Extra easements on lots for Texas Power and Light are as follows: Section I, 50 feet
between lots 36 - 37, 50 feet between lots 72 - 73, 50 feet between lots 100 - 101, 50 feet between lots 139 - 14Q: Section IT, 50 feet under transport line which go through subdivision and affects lots 14, 15, 48,49,' 144, 145, 169, 170, 268, 269, 308, and 309. No septic tanks will be allowed on Lots 1 through 52 in Section ill. All other lots in Section III must have minimum of 15,000 square feet total before installing septic tanks which means that more than one lot may be required... one lot may be required...
jk: 06/27/95
X KNOW ALL MEN BY THESE PRESENTS
THE STATE OF TEXAS
THE COUNTY OF HENDERSON
That, L. & R. LAND COMPANY and PINECO, INC., Texas corporations, the owners of GOLDEN OAKS SUBDIVISION'SECTIONS I. II & III as shown by the plat thereof duly recorded in the Plat Records of Henderson County, Texas, does hereby acknowledge, declare and adopt the following restrictions which are hereby impressed on all of said property and these restrictions and covenants shall run with the land.
(Establish Architectural Control Committee)
1.A. There shall be established an Architectural Control Committee composed of three (3) members appointed by the undersigned (and/or by designees of the undersigned. from time to time) to protect the owners of lots in this subdivision against such improper use of lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned- structures and structures built of improper or unsuitable materials, to obtain harmonious architectural schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes and placement of attractive camping units and Mobil homes thereon with appropriate locations thereof on lots; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and in general to provide adequately for a high type of quality of improvements in said property, and thereby to enhance the value of investments made by purchasers of lots therein.
(Liability of Architectural Control Committee and 'Directors)
l.B. Neither the undersigned, nor the Architectural Control Committee, nor the members of said committee, nor officers, nor the Directors of GOLDEN OAKS OWNERS ASSOCIATION (hereinafter referred to as G. O. Owners Association), shall have any liability nor responsibility at law nor in equity on account of the enforcement of, nor on account of the failure to enforce, these restrictions,
(Commercial Lots - Building Qualifications)
2. Subject to the provisions of numbered paragraphs 8 and 9 hereof and except on lots No. 1
through 11 in Section I and 289 through 309 in Section II which are hereby designated as commercial, all lots are designated as permanent and/or temporary camping lots only, and no building shall be erected or maintained thereon other-than a tool storage building (minimum floor area of30 square feet and maximum floor area of 144 square feet) or a private boathouse for the sole use of the purchaser of such lot. The lot designated as commercial shall be used only for residential purposes as set forth above and/or for retail sales or service establishments so conducted that they do not duly conflict with the residential character of the subdivision, and all provisions of these restrictions apply to lots designated as commercial lots unless commercial lots are specifically excluded from such provisions.
(Construction Qualifications and Underpinning)
3. Subject to the provisions of numbered paragraphs 8 and 9, no used existing buildings or
structure of any kind and no part of a used existing building or structure shall be moved onto, placed on,
PAGE 1
or permitted to remain on any lot; all construction must be of new material (except stone, brick, and inside construction material, if such use is approved in writing by the Architectural Control Committee) and no tar paper type roof or siding materials will be used on any structure, and no sheet metal type of roof or siding materials will be used on any structure without written approval of the Architectural Control Committee, and the exterior of any building must be painted or stained. All buildings and structures shall be completely underpinned and underskirted with no piers or pilings exposed to view. No natural drainage shall be altered, nor shall any drainage" ditch, culvert, nor drainage structure of any kind be installed nor altered, without prior written consent of the Architectural Control Committee.
(Permits and Qualifications)
4. No building, fence, or other structure or improvements shall be erected, placed or altered
on any lot until two copies of the construction plans and specifications, including color photographs of a camper, Mobile home, storage building or the like and specifications of all exterior and roofing materials including color of paint or stain and a plan• showing the proposed location of the structure, have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design with existing structures and as to location with respect to topography and finish grade elevation and otherwise. If such construction, placement or alteration is not commenced within eight (8) months of such approval, the approval shall be null and void unless an extension is granted in writing.
(Fence Locations)
5. Fences shall be permitted to extend to the side and back lot lines and to no less than 5 feet
of the front lot lines, but without impairment of the easements reserved and granted in these restrictions.
(Set backs and Lot Lines Defined)
6. No building, mobile home, camper or structure other than a fence shall be located nearer
to the side street line than 20 feet or nearer to the side lot line or rear lot line than 5 feet. "Side lot line" and "rear lot line”, respectively, as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by the undersigned to) the same person or persons and used as a single building site, shall thereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot line furthest from the front lot line considering, said contiguous whole and/or fractional lots as one lot. No building, mobile home, camper or structure other than a fence shall be located nearer to the front lot Line than 20 feet. Provided, however, that the Architectural Control Committee may allow lesser set-backs than provided in this paragraph when unusual topography or design warrant it, and that roof overhangs of up to three feet may be waived by said Architectural Control Committee. Any waiver granted shall be junior to easements granted below.
(Animals)
7. No animals or birds, other than household pets, shall be kept on any lot.
(Requirements - Dwellings - Septic Systems)
8. Provided it has been approved by the Architectural Control Committee and meets the
requirements of paragraph 3 above, (I) a permanent conventional residence if it is of at least 750 square feet, may be built on any lot, and a mobile home with a minimum of 400 square feet may be placed on and used on any lot. Subject to the remaining provisions of this paragraph, no outbuildings other than a private boathouse, garage, or storage building of size herein above provided shall be erected on any lot,
PAGE 2
and no outbuilding, boathouse, garage or storage building erected on any lot shall at any time be used as
a dwelling, temporary or permanently, nor shall any shack be placed on any lot. Camping shall be permitted on all lots thereunder with travel trailer, motor home or tent, which shall be of good
appearance and repair and, prior to placing on the lot shall have been approved in writing by the Architectural Control Committee. The Architectural Control Committee may, as condition to its said approval, make any requirement which in its judgment is deemed proper, including the following requirements: (a) that the mobile home or camper unit be not be more than 6 years old at date of application, be in good repair and of attractive design and appearance, an If a mobile home, be underpinned within 90 days with a material approved by the Architectural Control Committee, (b) that any mobile home or camper unit not built by a commercial mobile home or camper unit not built by a commercial mobile home or camper manufacturer be of design, appearance and quality comparable to those built by commercial manufacturers, and (c) water service must be connected and an approved septic tank must be installed before any mobile home is occupied, even though used for camping only. Tents and similar types of temporary camping equipment may riot be left on a lot unattended for more than 72 consecutive hours. A septic tank system may be constructed only if it complies with the requirements of the Health Department of the State of Texas and of the local authorities having jurisdiction.
(Easements and Maintenance on Easements, Lot Lines Defined)
9.A. On all lots hereunder, easements are reserved along and within 5 feet of the side and rear
lines and along and within 20 feet of the street lines. Said easements established in the next preceding sentence are for the construction, operation and perpetual maintenance of conduits, poles, wires and fixtures for electric lines, gas lines, telephone lines, water lines, sanitary and storm sewers, road drains
and other public and quasi-public utilities, with right of ingress and egress from across said premises to employees of said utilities. Easements are reserved along and within 20 feet of the aforesaid lot lines for employees of such utilities to cut down and/or trim any trees or shrubbery which at any time may interfere with or threaten to interfere with the operation or maintenance of such lines. To the extent neither said constructive nor maintenance of any of the items mentioned in the preceding sentences of this paragraph has commenced along any respective lot, "side lots" and "rear lines on all lots, II respectively, as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by the undersigned to) the same person or persons and used as a single building site, shall thereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lot lines furthest from the front lot line considering said contiguous whole and/or fraction lots as one lot.
(Easements that cross Private Property)
9.B. It is understood and agreed that it shall not be considered a violation of the provisions of
the easement if wires or cables or cross arms carried by such pole lines pass over some portion of said lots not within the easement as long as such lines do not hinder the construction of buildings on any lots hereunder.
(Subdivision Deviations)
9.C. The undersigned and/or their designees may, on any lot and/or lots then owned by them,
construct, maintain, use and allow to be used by others, parks, swimming pools, playgrounds, community center buildings, sales offices, storage, operation and maintenance facilities, and the like, and numbered paragraphs 2, 3, 4, 5, 6, 7, 8, and 11 hereof shall not apply thereto.
PAGE 3
(Sanitary Requirements and Sewage Restrictions)
10. No outside toilet or privy shall be erected or maintained on any lot hereunder. The materials installed in, and the means and methods of assembly of, all sanitary plumbing shall conform with the requirements of the Health Department of the State of Texas and the local authorities having jurisdiction. No sewage nor effluent shall be disposed of upon, in, nor under any lot hereunder except into a septic tank or approved system meeting the aforesaid requirements.
(Construction Time Limits - Lot Misuse)
11. Any buildings, structure, or improvement commenced upon any lot shall be completed as to exterior finish and appearance within six (6) months from the commencement date. No lot or portion of any lot shall be used as a dumping ground for rubbish or trash, nor for storage of items or material (except during construction of a building), and all lots shall be kept clean and free of any boxes, rubbish, trash, inoperative cars, tall grass or weeds or other debris and refrigerators and other large appliances shall not be placed outdoors. The undersigned shall have the right to enter the property where a violation exists under this paragraph and remove the incomplete structure or other items at the expense of the offending party.
(Dues Description)
12. Subject to the provisions of the last two sentences of this paragraph as to each lot in this subdivision (defined for the purpose of this paragraph 12 as Golden Oaks Subdivision), an assessment is hereby made of (i) $2.00 per month per lot the owner of which owns only one lot in said subdivision, and (ii) a Pro rata amount per month per lot in said subdivision in respect to lots of which two or more are owned by the same person but not to exceed $6.00 per month as to the total of all lots owned by one owner in said subdivision; the word owned as used in this sentence shall include also the purchaser under a sales contract with the undersigned of a lot in Golden Oaks Subdivision. Such assessments may be used for the enforcement of these subdivision restrictions and for the construction, reconstruction, improvements and maintenance of roads and streets, parks and any other improvements in Golden Oaks Owners Association, and for security guards at Golden Oaks Subdivision, and for any other uses approved by the Board of Directors at Golden Oaks Owners Association, it being understood that said parks and recreational areas are for the sole use and benefit of members of said association, their families and authorized guests of families. Said assessments shall accrue from the earlier date of the agreement for deed accrued from the undersigned as seller to a purchaser or the conveyance by the undersigned as granter. Such assessment shall be and is hereby secured by a lien on each lot thereunder, respectively, and shall be payable to Golden
Oaks Owners Association, its successors and assigns, the owner of said assessment funds on March 1 of each year commencing in 1980 at which date in the year 1980 and in successive years said assessment lien shall conclusively be deemed to have attached, and there shall be no lien securing said assessment until March of each year. Said assessment lien shall be junior and subordinate to any lien which may be placed on any lot or any portion of any lot as security for any interim construction loan and/or any permanent loan for financing improvements on said lot and/or any purchase money loan for any lot on which a dwelling or building complying with these restrictions has therefore been constructed. Assessments against lots owned by the undersigned shall accrue and liens securing same may be attached only during such times as a contract to purchase said lots is then in force; no assessment shall be made against the undersigned nor against the unsold lots owned by it at any time (whether or not such lots have been previously sold and the contract canceled or otherwise terminated) and as to any lot then owned by the undersigned not covered by contract with the undersigned then in force to sell or reserve for sale such lot, any then accrued but unpaid assessment under this paragraph against such lot shall thereupon be automatically canceled.
PAGE 4
After the last Friday in September 1985, members in Golden Oaks Owners Association may elect by majority vote of the members present at a meeting of members duly convened to increase such assessments.
(Subdivision of Lots, streets and Access roads)
13. No lot shall be subdivided, unless subdivision is for the purpose of enlarging adjoining lots
and is to be used in connection thereto, and henceforth said parcels of subdivided lot cannot be sold individually. No lot or any part of a lot shall be used for a street, access road or public thoroughfare without the prior written consent of the undersigned, its successors and assigns.
(Hunting and Firearms)
14. No hunting or discharging of firearms shall be permitted on any lot or in any part of the subdivision
(Violation of Deed Restrictions and Penalty)
15. Subject to the provisions of the last sentence of this paragraph, if any person or entity, as
defined hereinafter, whether or not lawfully in possession of any real property hereunder, shall either (I) violate or attempt to violate any restriction or provision herein, or (ii) suffer to be violated (with respect to the real property in which such person or entity has rights other than the rights granted by this sentence) any restriction or provision herein, it shall be lawful for G. O. Owners Association and/or any person entity, as defined hereinafter, possessing rights with respect to any real property hereunder, to prosecute any proceedings at law or in equity against any such person or entity violating, attempting to violate and/or suffering to be violated any restriction or provisions herein to (I) prevent such violation, (ii) recover damages or other dues for such violation, and (iii) recover court costs and reasonable attorney's fees incurred in such proceedings. "Person or entity, It as used in the next preceding sentence hereof, shall include, but shall not be limited to all owners and purchasers of any real property hereunder, as well as all heirs, devisees, assignees, legal representatives and other persons or entities who acquire any of the rights (with respect to the real property hereunder) of the owner or purchaser of any real property hereunder. Notwithstanding any proceedings at law or in equity on account of any violation or attempted violation of any restriction or provision herein which occurs during such time as there is in force a contract to purchase the property where such violation or attempted violation takes place.
PAGE 5
(Restriction Contigency)
16. Invalidation of anyone or more of these covenants and restrictions by judgment of any court shall in nowise affect any of the other covenants, restrictions, and provisions herein contained, which shall remain in full force and effect.
(T.P.& L. Easements, Section III septic requirements)
17. Extra easements on lots for Texas Power and Light are as follows: Section I, 50 feet
between lots 36 - 37, 50 feet between lots 72 - 73, 50 feet between lots 100 - 101, 50 feet between lots 139 - 14Q: Section IT, 50 feet under transport line which go through subdivision and affects lots 14, 15, 48,49,' 144, 145, 169, 170, 268, 269, 308, and 309. No septic tanks will be allowed on Lots 1 through 52 in Section ill. All other lots in Section III must have minimum of 15,000 square feet total before installing septic tanks which means that more than one lot may be required... one lot may be required...
jk: 06/27/95