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\"COVENANTS,AMENDMENT TO DECLARATION OFCONDITIONS AND RESTRICTIONS

InUCi.CQTHE STATE OF TE~~S §

§COUNTY OF FORT BEND §

KNOW ALL MEN BY THESE PRESENTS

THAT, WHEREAS, by that certain instrument· designated asDeclaration of Covenants, Conditions and Restrictions, executedby Eldridge Road Joint Venture; composed of E. R. Ltd., a Texaslimited partnership, and General Homes Corporation, as Declarant,dated August 31, 1983, filed for record on September 22, 1983, inthe office of the Fort Bend County Clerk under File No. 46584Deed Records of Fort Bend County, Texas, those certain tracts andparcels therein described and referred to as follows weresubjected to certain restrictions, covenants and conditions:

All the lots in Barrington Place, Section III,Subdivision, Fort Bend County, Texas,according to the Map or Plat thereof recordedon Slide #594B and 595A, in the Map Records ofFort Bend County, Texas.WHEREAS, Article VI, Section 6 provides:"Section 6. Subordination of the Lien to Mortgages.

The lien of assessments provided for herein shall be subordinateto the lien of any first mortgage. Sale or transfer of any Lotshall not affect the assessment lien. However, the sale ortransfer of any Lot pursuant to mortgage foreclosure or anyproceeding in lieu thereof, shall extinguish the lien of suchassessment as to payments which became due prior to such sale ortransfe~. The sale or transfer shall relieve such Lot fromliability fo~ any assessments thereafter becoming due or from thelien thereof."

WHEREAS, it is the desire of the Barrington 'PlaceHomeowners' Association and General Homes Corporation,. asDeclarant, to amend the said Article VI, Section 6, by executionof this Amendment, which amendment will be controlling whereinconsistent with such Declaration of Covenants, Conditions andRest=ictions recorded September 22, 1983.

NOW, THEREFORE, the Barrington Plac'eHomeowners'Association and General Homes Corporation jointly, hereby adopts,establishes, and imposes upon the above described lots anddeclares the following reservations, restrictions, covenants andconditions, applicable thereto, all of which are for the purposeof enhancing and protecting the value, desirability andattractiveness of the land, which reservations shall run with the

- land and shall be binding upon all parties having or acquiringany right, title or interest therein, or any part thereof, andshall inure to the benefit of each owner thereof, and which shallsupercede and be controlling over any previously executed andrecorded restrictions, covenants and conditions:

"Section 6. Subordination of the lien to mortgages.To secure the payment of the maintenance fund and all annual andspecial assessments established hereby and to be levied onindividual residential Lots, there is hereby reserved in eachDeed (whether specifically stated therein or not) by which theDeclarant shall convey such lots, a Vendor's Lien for benefit ofthe Association, said lien to be enforceable through appropriateproceedings at law by such beneficiary; provided, however, thateach such lien shall be secondary, subordinate and inferior toall liens, present and future given, granted and created by or atthe instance and request of the Declarant and the Owner of anysuch Lot to secure the payment of monies advanced on account ofthe purchase price and/or the construction of improvements on anysuch lot to the extent of any such maintenance fund charge orannual or special assessments accrued and unpaid prior toforeclosure of any such purchase money lien or construction lien;and further ~rovided that as a condition precedent to anyproceeding by the Association to enforce such lien upon any Lotupon which there is an outstanding valid and subsisting firstmortgage lien, for the aforesaid purpose or purposes, theAssociation shall give the holder of such first mortgage liensixty (60) days written notice of such proposed action, whichnc~ice shall be sent to the nearest office of such first mortgageholder by prepaid U.S. Registered Mail, and shall contain a

omcw. RECORDSstatement of the delinquent maintenance charges or annual orspecial assessments upon which the proposed action is based.Upon the request of any such first mortgage lienholder, theAssociation shall acknowledge in writing its obligation to givethe foregoing notice with respect to the particular Lot coveredby such mortgage lien to the holder thereof. The sale ortransfer of any Lot pursuant to mortgage foreclosure or anyproceeding in lieu thereof, shall extinguish the lien of such

transfer."assessment as to payments which became due prior to such sale of

IN WITNESS WHEREOF, this First Amendment of Declarationof Covenants, Conditions and Restrictions is executedthis J,-/-iA. day of ""O,-"ctQ~~b,,-(,,::.¥ , 1983.

ATTEST:

ATTEST:

:ATTEST:

: J'" ~ ",---- t-.','. : :1. \ J •. l..J),Q ~_~, \- _V!":.I. __Pa~ricia G. KleinAssistant Secretary

/o.TTEST:

/

. /1../

"

ELDRIDGE ROAD JOINT VENTURE,COMPOSED OF:E. R. LTD., a Texas limitedpartnership, acting herein byits undersigned GeneralPartners:

dt4!(4:R.n~Partner

By: CROSSRIDGE CORP., General

~~r7A~ilron C. Cross, President

GENERAL HOMES CORPORATION

'y, O.•f.,/ c. q,JAndrew E. HowardVice President

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metAl RECORDSFEDERAL HOUSING ADMINISTRATION

/JAm£j rn. WIL.j()IY:/

VETERANS ADMINISTRATION

STATE OF TEXAS §§

COUNTY OF HARRIS §

BEFORE ME, the undersigend authority on this daypersonally appeared MILTON C. CROSS, General Partner of ELDRIDGEROAD, LTD., known to me to be the person and officer whose nameis subscribed to the foregoing instrument, and acknowledged to methat he executed the same for the purposes and considerationtherein expressed, in the capaci~y therein stated,

GIVEN UNDER MY HAND AND SEAL OF OFFICE this :;)!,,7 ~dayCQ c:::r"1L~ -"'- , 1983,of

STATE OF TEXAS §§

COUNTY OF HARRIS §

~d?Q;>~ ..mll/!.loN c. Pf/Rfl.O-r-r .! .';":,Notary Public in and f<?r,theState of Texas ..:~.' ,.'

. ';:"J . . .: ~~:My commission expires;jo-U -Q '=>.' :'

,'. ':\::J~:::j)~..:

BEFORE ME, the undersigend authority on this daypersonally appeared MILTON C, CROSS, President of CROSSRIDGECORPO~~TION, known ~o me ~o be the person and officer whose nameis subscribed to the foregoing instrument, and acknowledged to methat he executed the same for the purposes and considerationtherein expressed, in the capacity therein stated,

GIVEN UNDER MY HAND AND SEAL OF OFFICE this~Srrl dayof (?J~ , 1983 ,'. ~::.. <::::..2. ',':.' ".CZ"h~-<,- Q .:..- c:>-:" ~

mlf {{MN c. P!1/?f? 01"/ "Notary Public in andJor theS~ate of Texas .~\~'." ..

. ,~"

' .... ':

.~.~'-.My commission expires: lo'ir.·:~U

STATE OF TEXAS §§

COUNTY OF HARRIS §

BEFORE ME, the undersigned au~hority on ~his daypersonally appeared ANDREW E. HOWARD, Vice President of GENERALHOMES CORPORATION, known to me to be the person whose name issubscribed tc ~he foregOing instrument, and acknowledged to me~ha~ he executed the same for ~he purpose and considerationtherein expressed and in the =apacity therein stated,

·.1I11~1342I'A(j13Uuthis to.? £/ "fit.;

day ofGIVEN under my hand and seal of office

Ccto/2.(/' r 1983.

~~.0ff;~~.Notary Public in :ariei for the " . y.State of Texas i "i i';' :l..~.., .~

"t.

TAMMY L SIM:CHfoiotal"Y Public Ln& fut !he $!a!a 01 Texa$

~ ~ E.1<piras ~:cbeI 26. 1966

My commission expira.s~:. ,~....STATE OF TEXAS §

§COUNTY OF HARRIS §

BEFORE ME, the undersigned authority, on this day- personally appeared Ridlard H. Knee ,

Senior vice President of GIBRALTAR SAVINGS ASSOCIATION, known tome to be the person whose name is subscribed to the foregoinginstrument, and acknowledged to me that he executed the same forthe purpose and consideration therein expressed and in thecapacity therein stated.

ofGIVEN under my hand

~ , 1983.__ "",6",th•• , day

the

COUNTY OF HARRIS

§§§

My commission expires:MARJORIE R. RIF'r'EY

Notary Public for the Stabf JexasMy CommisSion ExPires ;.:}!>-.fl

'.~BEFORE ME, e undersigned authority, on this day

personally appeared ~ J' , of theFederal Housing Adm' istration, known to me to be the personwhose name is subscribed to the foregoing instrument, andacknowledged to me that he executed the same for the purpose andconsidera~ion therein expressed and in the capacity thereinstat.ed.

~ G~VEN under my hand and seal of office this ~/~day of (£-<.r~ , 1983.~~rt1;~-Z;*~*,

',-" ..~~-. \ ~

···>.:~~<t··Sr;;TE'aQl!' TEXAS

'":' Notary Public in and for theState of Texas

My commission expires:

§§§

BEFORE lrIE, the under~.~gned.authori ty, on this daypersonally appeared /:l,;'/c (.. "'-;r'->-'crC~" ,of theVeterans Administrat.ion, known to me to be the person whose nameis subscribed to the foregoing instrument, and acknowledged to methat he executed the same for the purpose and considerationtherein expressed and in the capacity therein stated.

5

GIVEN under my hand and seal of office this ...:::":r--c,/ ',; ,.,.',..... 1983 .."oday .of

....~...•~.\".

S··..~~....... ..\,.,,.·..}.··.·..'.1

" ~ i'.:el,-!ry ?ub::c ~!~;C Ot Tox!!..•.:.,.,' ~ •.••• ;,. ~~~:~:....11, C~"'''''S:''" :.;;:>"" l.'arc~ 12. 1994

"'. '" .' .,,::~'"""R'e-eur'nto:

General Homes Corporation7322 Southwest Freeway, Suite 1608Houston, Texas 77074Attention: Karen Beck

./ I

Notary Public in and for t eState of TexasG I.t ~fNCE

My commission expires:

ntc 1 5 ~:l

STATE OF TEXAS COUNTY OF FORT BENDI. bereby certify that tills instnnlttll WIS filed on ilW

lUte ~nd timt SlamPfC hef~ by me 3nd was duly retll!~In llIe volume a~a PZiC Of the IIII1eC recortl$ II Fort _C01Iftty, Tiln IS $lImped "-tcon "" 'lCr. "..

FILED"83 [Ie 13 All :41 DEe 141983

~~COUAly CIeri. fort Bend Co•. Tes.

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