KING’S COUNTRY PROPERTY OWNERS ASSOCIATION (KCPOA or The Association), acting by and through its duly authorized officers and Board of Directors (the Board), and having oversight, control and/or ownership of those certain real properties in Franklin County, Texas, being a part of the W.H. Beaver Survey, A-69; the W.M Blackstone Survey, A-80; the A. Newman Survey, A-358; the J.W. Mathews Survey, A-319; the Wm. Y. Lacy Survey, A-277; the Granberry Fee Survey, A-175; the Thomas R, Starnes Surveys, A-455 and 454; the J. Dacon Survey, A-143; the A. Starnes Survey, A-452; the Bevin Brooks Surveys, A-56 and 55; the O.D. Cure Survey, A-120; the James E. Hopkins Survey, A-120; the A.W. Narramore Survey, A-359; and other surveys as may be shown of public record in Franklin County, Texas; and as to parts of which are described in original leases from the Franklin County Water District, all as set forth in the Consolidated Lease Agreement dated May 10, 1975, and recorded in Volume 127, page 180 of the Deed Records of Franklin County, Texas; and also being shown by plats of the KING’S COUNTRY DEVELOPMENT (the Development) recorded in the Surveyor’s Records and the Plat Cabinet of the Map and Plat Records of Franklin County, Texas, with the exception of that property lying west of FM Hwy 115 in Franklin County, Texas, has established a general plan for the development of such premises and does hereby establish these restated Covenants, Conditions, Reservations, and Restrictions (the Covenants) upon which and subject to which the development, and all lots within the development, and any portion thereof, shall be governed and maintained.

The Association recognizes that there is a need for a uniform set of covenants and restrictions to govern the Development and these restated covenants are adopted to avoid confusion and to henceforth govern the administration of the Development. The Covenants together with the Charter and By-Laws of the Association, shall henceforth govern in all matters affecting the Development.

The Covenants are for the benefit of each owner, lessee or sub-lessee of land in the Development or any interest therein (hereafter referred to as Owner, whether one or more than one), and shall inure to and pass with each and every parcel of the Development, and it shall bind the respective successors in interest of each and every such Owner, and each and every such Owner and successor in interest shall be bound both by the Covenants as well as those contained in the above-referenced Leases from the Franklin County Water District as Lessor, and all covenants and conditions imposed in the conveyance of the Leasehold Estate or Fee Simple title under prior deeds or assignments of leasehold interests.

The covenants are to be construed as restrictive covenants running with the title of such lots and with each and every parcel thereof and, by accepting a conveyance from the Association or an Owner to any lot or portion thereof, reciting the Covenants, each and every successor in interest hereby covenants the he, she, they or it, will include in any grant, deed, or sub-lease they execute, a condition that all of the Covenants will be followed and that if violated, such violation will by a breach of the grant or sub-lease and each deed or sub-lease shall contain an acceptance by successors in interest agreeing that the right of enforcement of the Covenants may be by injunction and that any one or more Owners may so enjoin their violation.

The Covenants are also recorded as restated covenants to impose these covenants as restrictions on all future conveyances of any lots within the Development, whether or not title passes from the Association.

The Covenants shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time the Covenants shall be automatically extended for successive periods of ten (10) years. The Covenants may be changed in whole or in part by the vote of Owners representing at least fifty-one percent (51%) of the voting members in good standing ageing to the change.

1.01 “Owner” shall mean and refer to the person or persons occupying a lot in the development under any form of ownership, tenancy, lease or sub-lease or claiming any such interest, whether one or more persons or entities, to any lot or portion of a lot on which there is or may be built a detached single family dwelling. “Owner” includes a contract Lessor but excludes those having an interest merely as security for the performance of an obligation. Any tenant renting a dwelling or otherwise renting any property within the Development shall be subject to all of the use restrictions and conditions imposed herein. Any Lessor shall be responsible for all actions of his tenants as those actions pertain to the Covenants.

1.02 “Association” or “KCPOA” shall mean and refer to King’s Country Property Owners Association, a non-profit incorporated organization which is comprised of the Owners of the Development, with each owner of a lot in the Development having one (1) vote. Multiple owners of one lot shall have only one vote among themselves. An owner of multiple lots within the Development shall have only one vote for such lots. Membership in this organization shall be compulsory and shall be a condition under any deed and/or assignment of any lot within the Development. Membership in the Association shall pass with the title to a lot. The Association shall be governed by the Articles of Incorporation and by the Bylaws of the Association adopted January 28, 1995 and all amendments thereto. All sections of the Development shall function through one Association.

The Charter and Bylaws of the Association and the Covenants may be amended or changed only by action of the membership. The Directors shall be selected and serve according to the provisions of the Bylaws. All administrative control over the development shall be through the Board of Directors and the committees and employees of the Association selected by the board. The Covenants are intended to bind any subsequent purchasers of lots within the development and the present owners of lots within the development to the extent allowed by law.

1.03 “The Board” shall mean and refer to the Board of Directors of King’s Country Property Owners Association.

1.04 “The Development” shall mean and refer to that certain real property described previously herein as all of the lots within King’s Country Development shown in the referenced plats. It is specifically understood that the original Phase I of the development located west of FM Highway 115 is excluded from the covenant and the lots within Phase I are not considered as subject to the Covenants established herein or which may otherwise be established by the Association.

1.05 “Lot” shall mean and refer to that portion of any of the plots of land shown upon the plat of the Development as now recorded n the Map and Plat Records of Franklin County, Texas.

1.06 “The Covenants” shall mean and refer to this Restated Declaration of Covenants, Conditions, Reservations, and Restrictions pertaining to King’s Country Development.

1.07 Enforcement of the Covenants shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any of the Covenants either to restrain violation or to recover damages, and against the land to enforce any lien created by these articles; and failure or delay by the Association, it’s successors or assigns, or any owner, to enforce any of the Covenants shall in no event be deemed a waiver of their right to do so thereafter.

1.08 No right of action shall accrue, nor shall any action be brought or maintained by anyone whatsoever, against the Association for, or on account of, its failure to bring any action on account of any breach of the Covenants, or for imposing restrictions herein which may be unenforceable by the Association.

1.09 Notwithstanding the forgoing it shall be the responsibility of the Board to address in a timely manner any violation of the Covenants which may be brought to its attention and to make every reasonable attempt to resolve any issues which prevents the quiet enjoyment of the property Development.

1.10 In carrying out its responsibility to enforce the Covenants the Board may from time to time make, change and /or rescind specific rules and regulations for the orderly administration of the Covenants.

2.01 Each and every lot in the Development is for residential use only. Only residences may be erected, altered, placed or be permitted to remain on any lot. Lots shall not be used for garage sales, wholesale or retail business establishments, or for any commercial purpose. Any gainful employment or professional use of a lot or residence that violate the quiet enjoyment of any other property in the Development is prohibited. No soil or tress shall be removed for any commercial use. Removal of live tress shall be limited to the extent necessary for clearing the site for construction; additional tree removal must be approved by the Architectural Control Committee.

2.02 Rental of any house and lot for a period of six or more months shall not be deemed a commercial usage. Short term rental (i.e., weekend or periods of less than six months) shall not be permitted. In any event, no use shall be permitted which would violate the quiet enjoyment of other property within the Development.

2.03 The Association may dedicate one or more lots for park use, common use, or other uses for the general benefit of the owners in the Development. The Association makes no representation for responsibility to furnish any recreational amenities.

2.04 Nothing contained herein shall be construed to prohibit the construction of private recreational facilities or similar man-made edifices which do not detract from the natural topography and landscaping thereof and which are approved by the Architectural Control Committee.

2.05 No subdivision, re-subdivision, platting, or re-platting of any lot or combination of lots shall be permitted without prior approval from the board.

2.06 If an owner elects to sell, transfer or rent a residence on a lot or lots in the Development, it will always be with the understanding that such a sale, transfer or rental will in no way abrogate his responsibility herein defined, and that any tenant-in-possession will abide by the Covenants exactly as though he were the owner.

2.07 Each owner shall bear the expense of paying ad valorem taxes as they are assessed by the taxing jurisdiction on his property in the Development.

3.01 The Board shall appoint an Architectural Control Committee. The board will determine the term and the number of committee members will appoint the individual members and will appoint the chairman of the committee. The Architectural Control Committee shall review and either approve or reject all plans and specifications submitted to the committee in accordance with the charge contained in section 3.02. The Board may also implement and adopt a permit fee structure for all construction or other applications submitted for approval to the Architectural Control Committee.

3.02 No residence, building, fence, wall or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior addition to or change or alteration thereof be made, until the details, construction plans, front elevation, and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to, and approved in writing as to materials, harmony of external design and location in relation to surrounding structures and topography, by the Architectural Control Committee of the Association.

3.03 A building permit fee may be assessed by the Board. The fee is subject to change at the discretion of the Board and it shall be used to defray extra costs of maintaining roads in the Development during construction when heavy equipment will enter upon and travel on the roads to deliver equipment to construction sites.

3.04 Additionally, all construction must comply with rules and regulations of the Franklin County Water District and any owner shall obtain necessary permits as may be required by the Franklin County Water District.

3.05 Decisions of the Architectural Control Committee may be appealed to the Board by any owner. The Board shall hear the appeal and give a timely ruling. The Boards’ decision shall be final.

3.06 The Architectural Control Committee shall have authority to review exterior styling of residences and siting of structures. Special emphasis shall be made to insure that said styling shall be compatible with the rustic, wooded setting of the Development. The interior of residences shall be left entirely to the discretions of the owner. Any house built within the development shall have a minimum of twelve hundred (1,200) square feet of living space. Approval of architectural styling shall not be arbitrarily withheld; it is recognized that there is a great diversity of architectural styles within the Development.

3.07 No precedent of any prior architectural decision shall be valid evidence to affect any subsequent decision, nor shall any prior decision serve to bind the Architectural Control Committee as to subsequent decisions.

3.08 The roof of each private dwelling house, boathouse or garage erected upon any lot shall be constructed of wood, shingles, cedar shakes, sheet metal or composite shingles as may be approved by the Architectural Control Committee. Fences up to four (4) feet high may be erected. Fences proposed to exceed four (4) feet in height must be approved by the Architectural Control Committee.

3.09 No free standing building including, but not limited to, trailers, tents, shacks, garages, barns, tool sheds, boat houses, or other outbuildings shall be permitted without approval from the Architectural Control Committee.

3.10 No house trailer, mobile home, camper, recreational vehicle (RV), or similar vehicle shall be used as a temporary or permanent residence within the Development. Manufactured housing units are not permitted within the Development.

3.11 Facilities used in connection with any construction operations shall be subject to the approval of the Architectural Control Committee. The Owner is responsible for: keeping job site in a clean and orderly manner; daily removal of trash and construction debris from the job site; provision of adequate toilet facilities at the job site. Open fires at the job site are prohibited.

3.12 Construction, once begun, must be continuous. Failure to complete exterior construction in a timely manner, as defined by the Architectural Control Committee, shall be considered a violation of the Covenants.

3.13 Temporary living arrangements on a lot during construction of a residence or at any other time are not permitted.

3.14 An Owner shall have the right to use his lot or lots for temporary storage of construction equipment and materials, provided that such equipment and materials are for his immediate use in construction or maintenance on his lot within the Development and are secluded and screened from public view.

3.15 All residences or other permitted buildings shall be constructed (a) a minimum of twenty-five (25) feet from the front of any road which the building fronts; and (b) a minimum of fifteen (15) feet from any road which is on the side of the building or residence; and (c) a minimum of five (5) feet from any other exterior boundary line of the property.

3.16 All residences shall have septic systems which comply with the rules and regulations, and all amendments thereto, of the Franklin County Water District, Texas Water Quality Board, Texas State Department of Health and Texas Parks and Wildlife Department, all of which present and future rules and regulations are hereby incorporated by references for all purposes.

3.17 No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of local health authorities and in conformity with the minimum recommended standards of the Department of Health of the State of Texas and the Franklin County Water District. Approval of such system as installed shall be obtained from such authorities. All existing systems shall be maintained and function in accordance with all applicable state and local laws and regulations.

3.18 In the event a public or community sewer system becomes available, the Board shall have the power and authority to require connection of all residences to such system and to prohibit furtherer use of septic tank systems.

3.19 Electric, water and telephone services are provided by public utilility companies and shall be made available for each lot in the Development. All residences shall be connected with water and electric services. Each owner shall bear the expense of paying any deposits, cooperative membership fees or other hook-up fees, installation charges or assessments incurred or required in obtaining water, electric and telephone service for his own use.

3.20 The Association makes no representation and there shall be no provision for natural gas or liquefied petroleum gas (LPG) service in the Development. Individual service for LPG is permitted and maybe obtained through tank storage but no gas transmission lines are permitted in the Development.

3.21 Roads shall be provided and maintained by the Association to afford access to the exterior boundaries of each lot in the Development.

3.22 There is reserved for the use of the Association to facilitate the orderly placement of utility services within the Development, and for the use of all Owners within the Development, a ten (10) feet wide easement along the front roadside of each lot and a five (5) feet wide easement along the exterior boundary lines of each lot in the Development (such easement being ten (10) feet wide on the front and five (5) feet wide on the exterior boundary lines of each lot and being within the boundary of each lot) for the installation, operation and maintenance of utilities and drainage facilities. No permanent structure or other improvement shall be placed so as to interfere with the placement of utility services with in the easement area.

3.23 Free standing outside antennae or dish antennae of any type shall not be installed on any lot in the Development unless approved by the Architectural Control Committee or other such committee as the Board may appoint to oversee these matters.

3.24 All driveway locations shall be approved by the Architectural Control Committee. Owners shall provide and install steel or concrete culverts of a minimum diameter of eight (8) inches in any road drainage ditch where a driveway access to a lot is located, and shall keep said culvert open and clear of dirt, debris and vegetation.

3.25 No billboards, signboard, or advertising displays of any kind shall be installed, maintained or permitted to remain on any lot, except that one sign containing not more than four (4) square feet of surface area may be displayed in connection with the sale of any lot with a dwelling thereon or a lakefront lot with or without a dwelling thereon. No signage shall be allowed on lots without dwellings. The Association reserves for itself, its successors and assigns, the right to place advertising displays of any size and kind in any area owned by the Association. The Association may provide common signage for advertising of lot by owners.

3.26 Any address sign or directional sign must be approved by the Architectural Control Committee prior to installation.

3.27 The Architectural Control Committee is obligated to respond to all reasonable requests and to act or render a decision on matters under its jurisdiction in a timely manner. Should the committee fail to act within thirty (30) days after receipt of a request and pertinent plans and specifications, the request may be submitted to the Board and the Board shall render a decision within thirty (30) days of such submission.

4.01 No noxious or offensive activity, including excessively loud music, shall be carried on upon any lot, nor shall anything be done thereon or any condition permitted to exist thereon which may be or become an annoyance, nuisance or hazard to the health of the neighborhood. No activity shall be permitted which violates the quiet enjoyment of the community.

4.02 No vehicle, including specifically motorcycles, motorbikes, motor scooters, mini-bikes, mopeds without proper and approved mufflers and flame arresters, will be permitted in, on or about the Development. Operation of off-the-road, untagged and unlicensed vehicles shall be allowed only in compliance with state law as to both the operator and as to the owner of the vehicle. Loud and offensive noises, including those made by such vehicles, are declared to be an annoyance, nuisance and hazard to the health and well being of the neighborhood and are expressly forbidden.

4.03 Unused automobiles or other vehicles without a current state registration shall not be stored or parked on any lot or roadside. Streets are not to be used for private parking of vehicles except for visitors.

4.04 No trucks or commercial type of vehicle shall be stored or parked on any lot nor parked on any residential street or road except while engaged in delivery to or transport from a residence. For the purpose of this Covenant, a ¾ ton or smaller vehicle (commonly known as a pick-up truck) shall not be deemed to be a commercial vehicle or truck. No vehicle of any size which normally transports flammable or explosive cargo may be kept in the Development at any time.

4.05 All lots shall be kept clean and free of trash, rubbish, garbage, debris and other unsightly objects or materials at all times. Trash, garbage or other wastes shall be disposed of in a sanitary manner and all containers or other equipment for the storage or disposal of garbage and trash shall be kept in a clean, sanitary condition. In the event of violation of this regulation the Board may send written notice of the violation to the Owner and the Owner will have fifteen (15) days from the date of mailing of such notice to bring the lot into compliance. If the Owner fails to do so, the Board shall have the right to direct entry upon any lot for the removal of weeds, refuse piles or other unsightly objects or materials and to bring the lot into compliance with the Covenants at the expense of the Owner, and any such entry shall not be deemed as trespass.

4.06 No lot shall be used for the purpose of keeping, breeding or raising animals or as a place for keeping horses, mules, cattle or other animals or poultry; provided, however, that Owners customary domestic or household pets. No commercial cat or dog kennel shall be permitted. Pets must be confined to the Owner’s premises or on a leash. No pets shall be permitted to run at large.

The Board may assess fines pursuant to state law against Owners who allow pet animals to run at large and may engage professional animal control organizations to capture and remove such animals at the expense of the Owner.

Horseback riding is not permitted within the Development.

4.07 Unattended fires are strictly prohibited at all times and from time to time the Board and/or Franklin County authorities will prohibit all outdoor burning.

4.08 Hunting is prohibited in the Development. (except for big snakes and lawn eating armadillos!)

5.01 Each Owner, by acceptance of a deed, assignment or lease on a lot or lots in the Development, from either the Association or any subsequent or previous Owner, lessee or sub-lessee, shall be deemed to covenant and agree to pay assessments or charges for the purposes set out herein, with such assessments to be fixed, established and collected as provided herein or as the Board may from time to time deem best. The assessments, together with any interest thereon and any cost of collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each assessment, together with any interest thereon, costs of collection thereof and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of the property at the time the assessment fell due.

5.02 The Association shall reasonably maintain all roads in the Development. The Association reserves the right to assess the cost of road construction, repair and maintenance against all owners on a proportionate charge based on the total lots within the Development. The Board may increase or decrease the road assessment from time to time and shall send written notice of changes to every Owner.

5.03 The Association will operate the Development and maintain the common areas within the Development and will pay all expenses and salaries incurred in such operation and maintenance. The Association reserves the right to assess operation and maintenance costs against all Owners on a proportionate charge based on the total lots within the Development. The Board may increase or decrease the operation and maintenance assessment from time to time and shall send written notice of changes to every Owner.

5.04 Assessments shall begin with the first day of the month following execution of a deed, Assignment or other instrument conveying rights to a lot. The amount of the assessment will be set by the Board.

5.05 The Association acknowledges that variances exist because of prior uses and representation regarding the sales of lots within the Development. The Board may appoint a Variance Committee to equitably and fairly assess fees to multiple lot owners.

5.06 The assessments provided for herein shall become automatically due and payable on the 1st day of each month after the commencement date, unless the Board elects to bill assessments quarterly or a longer period.

5.07 The Board shall cause to be maintained a roster of the lots and assessments applicable thereto, which shall be open to inspection by any Owner.

5.08 The Board shall cause to be prepared and presented to the Association at its annual meeting a statement of receipts of assessment funds and application of those funds for the previous fiscal year.

5.09 If the assessments are not paid by the date due, then the assessments are delinquent and shall bear interest at the rate of eighteen per cent (18%) per year or at the highest lawful rate whichever is higher, and together with the interest thereon and cost of collection thereof shall become a continuing lien on the property which shall bind such property in the hands of the then Owner and his heirs, devisees, personal representatives and assigns.

5.10 If delinquent assessments are not paid within ten (10) days the Association may bring an action at law against the Owner personally obligated to pay or to foreclose the lien against the property, and there shall be added to the amount of the assessment and interest the cost of preparing and filing the complaint in such action, and in the event a judgment is obtained a reasonable attorney’s fee to be fixed by the court, together with costs of the action. No Owner may waive or otherwise escape liability for the assessments by non-usage of the facilities or abandonment of his property.

5.11 The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessments, provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure. Such a sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment.

6.01 All rules of Franklin County Water District (or it’s successor) shall prevail. As original Lessor, its rules and regulations shall be enforced as if they were a part of the Covenants and each Owner, lessee and sub-lessee of lots in the Development shall make himself aware of those rules and remain current as to changes. An annual rental fee shall be due in advance to Franklin County Water District each year.

The lots within the Development which lie within the leasehold estate leased from the Franklin County Water District shall be subject to the terms of this Article 6.01 of the Covenants.

6.02 Invalidation of any one of the Covenants by judgment or court order or by conflict with Franklin County Water District rules and regulations shall in no way affect the other provisions which shall remain in full force and effect. In the event any of the provisions hereunder are declared void by a court of competent jurisdiction by reason of a period of time herein stated for which the same shall be in effective, then in that event, such term shall be reduced to a period of time which shall not violate the rule against perpetuities as set forth under the laws of the state of Texas.