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Doc Bi-{ OCI023324 OR SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH Vul 2.75 THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH (this "Amendment") is made and entered into this __ day of , 2005, by TRAVIS RANCH DEVELOPMENT, L.P., a Texas limited partnership ("Declarant"). WHEREAS, Declarant is the Declarant under that certain Declaration of Covenants, Conditions and Restrictions for Travis Ranch (as amended, the "Declaration") dated December 17, 2004, recorded in Volume 2562, Page 351, Land Records, Kaufman County, Texas, as amended pursuant to that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Travis Ranch dated June 8, 2005, recorded in Volume 2663, Page 122, Land Records, Kaufman County, Texas , regarding certain real property more particularly described in the Declaration, reference to which is hereby made for all purposes (the "Property"). Capitalized terms which are not otherwise defined herein shall have the meanings set forth in the Declarati on . \VHEREAS, the Decl ar ation provides that the Declarant shall have the right and privilege to amend the Declaration as set forth therein; WHEREAS, Declarant desires to amend and clarify t he Declaration in c ertain respects; NOW, THEREFORE, in consideration of the premises and the mutual promises hereinaft er set forth and for other considera ti on, the receipt and sufficiency of which are hereby acknow le dged , Declarant hereby amends the De claration as fo llows: 1. The provisions of Section 6.21.9.a. are hereby deleted and U1e following substituted therefor: One professionally made sign of not more than 5 square feet advertising the Lot for sale. 2. Nothing contained herein shall in any way modify, limit or otherwise affect the right, power and authority of the Architectural Reviewer to approve plans, drawings or specifications for any improvement or for any other matter requiring the approval of the Architectural Reviewer under the Declaration or to grant variances, wruvers, tolerances or modifications of the standards as set forth \vi thin the Declaration. SECOND AMENDMENT TO DECLARATJON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH- Page 1 C:\Documents and Scttings\Temporary Internet Files\OLK7 4\second amendme nt tn declaratinn_.dnc f 's -7

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Page 1: Travis Ranch Property

Doc Bi-{ OCI023324 OR

SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

FOR TRAVIS RANCH

Vul 2.75 ~t

THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH (this "Amendment") is made and entered into this __ day of , 2005, by TRAVIS RANCH DEVELOPMENT, L.P., a Texas limited partnership ("Declarant").

WHEREAS, Declarant is the Declarant under that certain Declaration of Covenants, Conditions and Restrictions for Travis Ranch (as amended, the "Declaration") dated December 17, 2004, recorded in Volume 2562, Page 351, Land Records, Kaufman County, Texas, as amended pursuant to that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Travis Ranch dated June 8, 2005, recorded in Volume 2663, Page 122, Land Records, Kaufman County, Texas, regarding certain real property more particularly described in the Declaration, reference to which is hereby made for all purposes (the "Property"). Capitalized terms which are not otherwise defined herein shall have the meanings set forth in the Declaration .

\VHEREAS, the Declaration provides that the Declarant shall have the right and privilege to amend the Declaration as set forth therein;

WHEREAS, Declarant desires to amend and clarify the Declaration in certain respects;

NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth and for other considerati on, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby amends the Declaration as fo llows:

1. The provisions of Section 6.21.9.a. are hereby deleted and U1e following substituted therefor:

One professionally made sign of not more than 5 square feet advertising the Lot for sale.

2. Nothing contained herein shall in any way modify, limit or otherwise affect the right, power and authority of the Architectural Reviewer to approve plans, drawings or specifications for any improvement or for any other matter requiring the approval of the Architectural Reviewer under the Declaration or to grant variances, wruvers, tolerances or modifications of the standards as set forth \vi thin the Declaration.

SECOND AMENDMENT TO DECLARATJON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH- Page 1 C:\Documents and Senings\Tm(){)rc . ll-ll~cal Scttings\Temporary Internet Files\OLK74\second amendment tn declaratinn_.dnc

f 's ·~:; ~:7 -7

Page 2: Travis Ranch Property

Doc Bk B)0(J2332Et- OF~

EXEClJTED to be effective as of the date first written above.

VoJ. ~-~ -·./ ~~ t

TRAVIS RANCH DEVELOPMENT, L.P., a Texas limited partnership

By: 2428 Management L.L.C., a Delaware limited liability company, its general partner

By: IHP Investment Fund III, L.P., a California limited partnership, its sole member

By: Institutional Housing Partners ni L.P., a California limited partnership, its general partner

By: ll-IP Capital Partners, a California corporation, its general partner

nv.-~-<;;:.. M u----N~me : J. Tim Moore

t- ·' 9 - ~:P-?' 8

Title: Sirilor Vice President

SECOND AMENDMENT TO DECLARATION OF COVENANTS, CO~'DITIONS AND RESTRICTIONS FOR TRAVIS RA.NCH - Page 2 C:\Documcnts nnct Seaings\Tmoorc.IHPILocal Scttings\Temporary Interne t Files\OLK74\second amcndmem to declaration_.doc

Page 3: Travis Ranch Property

THESTATEOF~ § COUNTYOF~~ §

Do·= ~-l-~ ocu:::c23324- OR

Vol 2751

This instrument was acknowledged before me on the LD-ti-- day of ()~ , 2005 by ~.1\fr,. \'Vlont62 , f:z/P of IHP Capital Partners, a California corporation, general partner of Institutional Housing Partners HI L.P., a California limited partnership, general partner of lliP Investment Fund III, L.P., a California limited partnership, sole member of 2428 Management L.L.C., a Delaware limited liability company, sole general partner of Travis Ranch Development, L.P., a Texas limited partnership, on behalf of the limited partnership.

THE STATE OFJf2/.e6 COUNTY OF }ffit.J.d'b

§ §

D. This instrument was acknowledged before me ff the 2-:DJL day of · · ~~ , 2005 by Y::.ATJ66t-10 g rJlh.:rt£6, of IHP Capital Panners, a California corporation, general partner of Institutional Housing Partners HI L.P., a California limited partnership, general partner of lHP Investment Fund III, LP. , a California limited prutnership, sole member of 2428 Management L.L.C., a Delaware limited liability company, sole general partner of Travis Ranch Development, L.P. , a Texas limited partnership, on behalf of the limited partnership .

.KlEU.E NARVAEZ MY COMJ.tiSSION EXPIRES

July 29; 2009

SECOND AMEf'..lJ)MENT TO DECLAR>\ TJON OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAVIS RANCH -Page 3 C:\Documen1s nnd SettingsiTmoore.U!PILocJI Scuing:;\Temporary Internet Filcs\OLK74\second Jml,ntlment to dcclaration_.doc

F' s 5.79

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0 t..._"'-, C:• - ::>'J t-.Jill c .• -, ·=- t:l <.n-,

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Page 4: Travis Ranch Property

Amount.

Filed r~r R~corrl in; f.nuf~on \.Dun!;~

As o. ~ . !: 9S

f.:J:o:l2iPt Nur.ber - 40077 £y,

nunc~ Oi .:k!!rson

SH1TE OF TEXAS CGLIMT'i OF KAUFi'if\ti 1 h;;r eb~ cpr·i; if~ thnt th i s in~; tn;~<>nt ;m::

filed on th~ dOt';! nr.d l i l!le Stl'IIP>:d her eon b~ 11e ~.nd :.:11; dul9 recc•r-ded in the vnic'IH' anti rc.s~:: of the nnr.ed records of:

f..P.t!fr![1.n Cotm ts Ar,~ provision herein which l''25tricts !:he s ·~.l;:., reont!1l, or lise of tho:: descr i b~o f\•21:1 f'rr:~erts hecouse of color or race i s ir.vul i d n n~ onenforcev.ble under fr:>derfl.l h.!-1.

Hnnor- r-.b1~ l .. l.L:rn HtJght·St Ct • trn '.·~~ CJ ::- !·1: r:o.u f£it1.fi CouG t!:!