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1 FIRST AMENDMENT OF DECLARATION OF PROTECTIVE COVENANTS OF GREENWOOD(Adding Unit No. 2) * * * * * * * * * * * * A. Declaration of Plan of Development. IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, owner of all of the real property as shown by the map or plat attached to the Declaration of Protective Covenants of Greenwoodof record in the Deed Records of Randall County, Texas, in Volume 536,page l00-125 , dated November 26, 1974, does hereby declare this to be an amendment to said Declaration of Protective Covenant of Greenwood, mentioned above, does hereby declare that the real property depicted in the map or plat attached hereto and incorporate herein by reference for all purposes, marked Exhibit Ashall be and is a plan of development of said real property. The protective covenants pertaining and applicable to single-family residential dwelling use and occupancy set forth in the Declaration of Protective Covenants of Greenwood, referred to above, shall extend to and remain applicable to the real property depicted on Exhibit Aof this amendment except as the same are herein amended. This amendment is to be construed to be supplemental to the above referenced Declaration of Protective Covenants of Greenwoodso that both said Declaration and this amendment, when read together shall be one, single plan of development of all of the real property depicted in Exhibit Aof the Declaration of Protective Covenant of Greenwood, referred to above, and the real property depicted in Exhibit Aattached hereto. 1.1 NAME The name of the real property depicted in Exhibit Ais GREENWOOD, Unit No. 2. 1.2 Description The real property hereby dedicated to this plan of development is situated in the South Half of Section 6, Block 9.
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Page 1: FIRST AMENDMENT OF DECLARATION OF …...1 FIRST AMENDMENT OF DECLARATION OF PROTECTIVE COVENANTS OF “GREENWOOD” (Adding Unit No. 2) * * * * * * * * * * * * A. Declaration of Plan

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FIRST AMENDMENT OF DECLARATION

OF PROTECTIVE COVENANTS

OF “GREENWOOD”

(Adding Unit No. 2)

* * * * * * * * * * * *

A. Declaration of Plan of Development.

IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, owner of all of the real property as

shown by the map or plat attached to the Declaration of Protective Covenants of “Greenwood” of record

in the Deed Records of Randall County, Texas, in Volume 536,page l00-125 , dated November 26,

1974, does hereby declare this to be an amendment to said Declaration of Protective Covenant of

“Greenwood”, mentioned above, does hereby declare that the real property depicted in the map or plat

attached hereto and incorporate herein by reference for all purposes, marked Exhibit “A” shall be and is

a plan of development of said real property. The protective covenants pertaining and applicable to

single-family residential dwelling use and occupancy set forth in the Declaration of Protective

Covenants of “Greenwood”, referred to above, shall extend to and remain applicable to the real property

depicted on Exhibit “A” of this amendment except as the same are herein amended. This amendment is

to be construed to be supplemental to the above referenced Declaration of Protective Covenants of

“Greenwood” so that both said Declaration and this amendment, when read together shall be one, single

plan of development of all of the real property depicted in Exhibit “A” of the Declaration of Protective

Covenant of “Greenwood”, referred to above, and the real property depicted in Exhibit “A” attached

hereto.

1.1 NAME

The name of the real property depicted in Exhibit “A” is GREENWOOD, Unit No. 2.

1.2 Description

The real property hereby dedicated to this plan of development is situated in the South Half of

Section 6, Block 9.

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DECLARATION OF PROTECTIVE COVENANTS

OF “GREENWOOD”

* * * * * * * * * * *

1.0 Declaration of Plan of Development

IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, owner of the real property as shown by

the map or plat attached hereto and incorporated herein by reference for all purposes, marked Exhibit

“A,” does hereby declare that the real property depicted in said plat shall be and is a plan of

development of said real property and the protective covenants are created, imposed, and impressed

thereon as set forth below for the benefit of the undersigned and the future owners of said real property,

their successors, assigns, heirs, and administrators for the enhancement of the benefits of ownership of

said real property.

1.1 Name

The name of the real property depicted on Exhibit “A” is GREENWOOD.

1.2 Description

The real property hereby dedicated to this plan of development is situated in the South Half of

Section 6, Block 9 BS&F Survey, Amarillo, Randall County, Texas, and is more particularly described

by metes and bounds on Exhibit “B” attached hereto and incorporated herein by reference for all

purposes.

1.3 Saving Clause.

If any of the options, provisions, privileges, covenants or rights created by this Declaration shall

be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory

provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or rules of law

imposing time limits, then such provision shall continue only until twenty-one (21) years after the death

of the survivor of the now living descendants of Don C. Watson of Amarillo, Texas*

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2.0 Restrictions and Duration

The following restrictions are created, imposed and impressed on the real property shown on

Exhibit “A” and shall be perpetual (which real property is referred to as Tract B in the planned

development site plan of GREENWOOD submitted to the Planning and Zoning Commission and City

Commission of the City of Amarillo).

2.1 Permitted Uses

All of the numbered lots shall be used for single-family residential dwelling purposes only.

2.11 Prohibited Uses

No use shall be made of the real property which is inconsistent with single-family residential

dwelling use and occupancy. The following list of prohibited uses is not exhaustive; however, this list of

prohibited uses is set forth to give a general guideline of the type of use prohibited hereby, and the

omission of a particular, prohibited use is not to beinterpreted as permitting such use, the purpose being

to prohibit any use inconsistent with single-family residential dwelling use: The keeping, raising or

breeding of livestock or animals other than the usual possession of domestic pets; maintaining a kennel

or stable as defined by the ordinances of the City of Amarillo; keeping or possessing any horse, cow,

goat, sheep or like animals; maintaining any activity which emits or causes the emission of any noxious

sound, odor or solid particle (for example, the burning of trash, the playing of electrically amplified

musical instruments out-of-doors or in garages with garage doors open, the racing of internal

combustion engines [whether automobile or motorcycle]); maintaining a child-care home or

kindergarten school; maintaining a beauty shop or barber shop; maintaining any business or advertising

signs other than one sign advertising the real property on which it stands as being for sale, which sign

shall be no larger than one foot by two feet (l’x2’); maintaining any business or advertising sign on the

premises (except as provided in the preceding example); growing or allowing the growth of any noxious

weed or vegetation; maintaining a trade or business office except where the same involves little or no

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customer, client, or business associate traffic on and off the premises; maintaining a church or religious

worship center; allowing trash, garbage, or refuse to accumulate except as provided in the next

paragraph.

2.12 Trash Collection

All trash, garbage, or refuse shall be accumulated and stored inside and within the improvements

on the property and no garbage will be accumulated or stored outside in any manner; provided, however,

on trash and sanitation truck pickup dates (as scheduled by the City of Amarillo), trash, garbage or

refuse may be stored in non-rigid, tear-resistant containers placed (on the day or days of trash pickup) at

the front lot line or curb of the lot. Such containers shall be securely fastened to prevent spillage. This

provision shall not apply to those lots in Blocks l and 6 shown on Exhibit “A” which abut existing alleys

along the East line of GREENWOOD.

2.13 Construction and Materials

No building may be moved upon any part of the real property which is the subject matter of these

protective covenants and no temporary building, mobile home, camper, trailer, garage, barn, basement,

tent or similar structure may be used at any time thereon as a residence. One of the purposes for

imposing these building and use restrictions is to require the new construction of permanent, single-

family residential dwellings, and no structure may be used for a residence inconsistent with that purpose.

All construction on the real property covered by these restrictive covenants shall comply with the zoning

ordinances and building code of the City of Amarillo, Texas. The roofs of all improvements constructed

on the land covered by these restrictive covenants shall be of wood shingle or composition shingle

materials; however, roofs having a roof pitch not in excess of 2 in 12 may use crushed marble or rock

materials on such roof. Exterior, finished walls of concrete blocks or asbestos shingles are prohibited.

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2.2 Outbuildings

No detached outbuildings shall be permitted on any of the land affected hereby (whether

constructed on the premises or ready-built or moved on), except as approved by the Architectural

Control Committee of Greenwood Homeowner’s Association, Inc.created by the Bylaws of the

Association and as provided in paragraph 2.6, below.

2.3 Streets

In consideration of the benefits accruing to the undersigned, its successors and assigns, all of the

land shown as streets on Exhibit “A” is hereby dedicated to the public for the use of the public as streets.

Because of the unusual configuration of the streets some of the streets hereby dedicated are of less than

normal width for streets in the City of Amarillo. No alleys are dedicated for the same reason and in order

to obtain maximum utility of the land.

2.4 Building Lines and Setback

The following minimum setback distances shall be applied to all residences constructed on the

land covered by these protective covenants which setback distances shall be measured at right angles to

the indicated reference line: Front line setback, twenty feet (20’); side yard setback (one side only), zero

feet (0’); building separation setback, ten feet (10’); rear yard setback, ten feet (10’); corner lot setback

from side street, ten feet (10’) unless otherwise specified on Exhibit “A.” Exhibit “A”.

2.5 Lot Coverage.

Improvements constructed on any of the numbered lots shown on Exhibit “A” shall cover no

more than forty—five percent (45%) of the lot area.

2.51 Building Site or Lot Size

No lot or building site shall contain less than 4,950 square feet and shall have a minimum lot

width of 55 feet and a minimum lot depth of 90 feet.

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2.52 Building Height.

No improvements shall exceed two stories in height.

2.53 Garages and Driveways

Each residence constructed on the property covered by these restrictions shall include an

attached garage which, when the garage door or doors are lowered, is completely enclosed. Each garage

shall be serviced by a concrete driveway at least eighteen feet (l8’) in width, which concrete driveway

shall extend to the access or opening to the public street. Gravel, caliche, asphalt, dirt, grass, and strip

driveways are prohibited.

2.6 Architectural Control Committee

No building, fence, wall or other structure shall be commenced, erected or maintained nor shall

any exterior addition to or change or alteration therein be made until the plans and specifications

showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to

and approved in writing as to harmony of external design and location in relation to surrounding

structures and topography by the Board of Directors of the Homeowner’s Association (described in

paragraph 6.0 et seq., below) or by an architectural committee composed of three (3) or more

representatives appointed by the Board. In the event said Board, or its designated committee, fails to

approve or disapprove such design and location within thirty (30) days after said plans and

specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or

change has been commenced prior to the completion thereof, approval will not be required and this

provision shall be deemed to have been fully complied with.

2.7 Street Parking and Sidewalks

The parking of vehicles in the streets dedicated to public use hereby may be restricted to one side

of the street if designated and marked by the City of Amarillo. Concrete sidewalks, four feet (4’) in

width, shall be constructed on each lot or parcel of land as shown by Exhibit “A.” Exhibit “A”.

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2.71 Prohibited Vehicles

No trailer, boat, truck, camper, or inoperative motor vehicle shall be parked on any street,

driveway, lot or building site subject to these restrictive covenants. The terms “trailer, boat, truck,

camper, or inoperative vehicle” are intended not to be an exhaustive list of the types of objects

prohibited hereby but are intended to indicate a class of objects or personal property which is deemed

detrimental to the purposes of these restrictive covenants, and objects or personal property similar to

such listed objects or personal property are prohibited as if described here in detail.

2.72 Traffic on Common Areas.

No vehicular or motorcycle traffic of any kind shall be allowed on any portion of the common

areas and no vehicular or motorcycle traffic shall be allowed on any sidewalks, whether in the common

areas or on any of the residential lots or building sites included in the real property shown on Exhibit

“A”; provided, however, sanitation, maintenance, delivery and emergency vehicles are not prohibited

where performing such services.

2.8 Air Space

No television or radio antennae shall be attached to the exterior of any of the improvements

constructed on the real property shown on Exhibit “A” except ordinary and customary television

antennae normally associated with residential property, and each such residence shall be allowed to have

only one such antenna visible on the exterior of the residence. No chimney shall be constructed which

extends more than five (5) feet above the highest part of the roof of the residence to which the chimney

is attached.

2.9 Side Yard Easements

There is hereby created an easement upon and over any lot immediately adjoining and

contiguous with a structural wall of a dwelling erected on a common lot line, the width of which

easement shall be five feet (5’), which shall be located on such adjoining lot and immediately adjacent to

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and parallel with said common lot line, the length of which easement shall be equal to the length of such

common lot line. The easement area created hereby is called the ‘servient tenement” and the lot or lots

immediately adjoining and contiguous with such easement is called the “dominant tenement.” Said

easement shall be for the purpose of permitting overhang and drainage and the maintenance, repair, and

restoration of any wall located on any common lot line. Such use shall be subject to the rights of any

other easement holder such as a utility and is further subject to the rights of the owner of the servient

tenement as herein provided. The dominant tenement owner shall protect and hold harmless the servient

tenement and its owner from any and all liens, claims, or liabilities arising out of or connected with the

use of the easement area which will become an annoyance or nuisance to the owner of the servient

tenement. The servient tenement owner shall have the right at all reasonable times to enter the easement

area in order to repair, maintain, and restore any structural wall located on the servient tenement and

shall give prior notice to the owner of the dominant tenement of intention to enter the easement therein

for that purpose.

2.91 Utilities Easements

All utilities services (including sanitation, gas, water, and electricity) shall be underground and

shall be located in the street rights-of-way of the streets shown on Exhibit “A” and maintenance, repair

and construction easements are hereby created in said street rights—of-way for the purpose of

constructing, maintaining and repairing electrical lines, gas lines, and sewer and water lines delivering

such services to the property. Telephone service lines shall be underground and shall be located along

the rear lot lines of the property covered by these restrictions. A public utility easement for the

construction, maintenance, and repairs of telephone service lines and other utility lines is hereby granted

having a width of twelve feet (12’), the center line of which is the rear lot lines of the real property

referred to above as depicted on Exhibit “A.” A like easement is hereby granted for such utilities as

listed above in, over and across the common areas shown on Exhibit “A.” Transformers, pedestals, and

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meters, as well as other incidental and necessary equipment, may be located on the surface along said

easements. Cable?

3.0 Common Areas and Parks

The real property shown on Exhibit A and designated “Tracts A through L” is “Common Area” and

is hereby created for the beautification and enhancement of the plan of development depicted on Exhibit

“A” and for the use and enjoyment of the owners of the property to which these restrictive covenants

pertain.

3.1 Uses of Common Areas. - Curfew?

The common area depicted on Exhibit “A” shall be used by the owners of the property hereby

5ubjeCted to these protective covenants for the recreation and enjoyment of said owners including

hiking, bicycling, and other recreational activities normally associated with parks or similar open spaces.

The use of the common areas is hereby restricted to said owners, their families and guests, and all others

are hereby prohibited from use of the same. The plan of development of GREENWOOD envisions

dedication of additional land for uses similar or related to the uses of the land covered by these

protective covenants which will be subject to the same or similar protective covenants. All of the

common areas located throughout GREENWOOD, whether dedicated hereby or at a later date, are and

will be for the use and enjoyment of all of the said owners designated in each successive declaration of

protective covenants.

3.11 Development of Other Common Areas

The undersigned, its successors and assigns (including Greenwood Homeowner’s Association,

Inc.) covenants and agrees to develop the common areas substantially as shown on the site plan of

GREENWOOD approved by the Planning and Zoning Commission and the City Commission of the

City of Amarillo, Texas, concurrently with any additional development and platting of property shown

on said site plan.

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3.2 Emergency Vehicle Access

Use and access of the common areas depicted on Exhibit “A” is hereby granted to any and all

emergency vehicles (including ambulances and police and fire fighting vehicles) where the use of the

common areas is reasonably necessary for the performance of official duty in a bona fide emergency.

3.3 Fences, Sidewalks, and Lighting

Fencing, sidewalks, footpaths, and lighting of common areas shall be constructed, maintained

and repaired by the Homeowner’s Association referred to below (as provided in paragraph 3.5, below).

Such construction, maintenance and repair shall include, but are not limited to, the landscaping and

replacement of landscaping, the improvements thereof; and lighting, lighting fixtures, and globes.

3.4 Prohibited Uses of Common Areas

The common areas depicted on Exhibit “A” shall be used for no purposes other than the

recreational purposes stated herein, and no person shall use any property adjoining said common areas in

such a way as to impede or interrupt the recreational uses of said common areas. By way of example, no

owner of real property located within the real property to which these restrictive covenants apply shall

encroach on the common areas nor shall any improvements create any overhang (other than trees,

shrubbery or other vegetation) into or over said common areas; provided, however, any landscaping on

property adjoining the common areas which.is reasonably determined by the Homeowner’s Association

(by and through its duly authorized representatives) to diminish or impede enjoyment of the common

areas shall be removed by the owner of such adjoining property upon the request of the Homeowner’s

Association. If such request is not complied with within a reasonable time, the Homeowner’s

Association is empowered to remove said impediments at the expense of said owner.

3.5 Ownership of Common Areas.

Until the function of maintenance and repair of common areas, as described on the attached

Exhibit “A” is transferred to the Homeowner’s Association (referred to below), the undersigned shall

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construct, maintain, and repair the same at such times and in such manner as it shall determine. Upon

such transfer of said common areas to the Homeowner’s Association, maintenance, construction, and

repair thereof shall be an expense of the Homeowner’s Association.

3.6 Disposition of Common Areas

In the event of the abrogation of the protective covenants created hereby, the undersigned, its

successors and assigns (including Greenwood Homeowner’s Association, Inc.) may dispose of the

common areas as it sees fit, subject to approval by the City of Amarillo. Upon the determination by a

court of competent jurisdiction that the failure of the undersigned or of Greenwood Homeowner’s

Association, Inc., to maintain the common areas to the effect that the common areas or conditions

therein constitute a real hazard to the health, safety, and welfare of the inhabitants of GREENWOOD or

of the City of Amarillo, the City of Amarillo is empowered and may elect to take whatever action it

deems necessary to eliminate the same, including the right to maintain the common areas as a municipal

park and to collect dues and assessments from the owners of property privileged hereby to use said

common areas which would have been collected and assessed but for such disposition or court

determination, thereby subrogating the City of Amarillo to the rights and remedies of the

Association.

3.7 Definition of Member; Use of Common Areas

Only for purposes of use of common areas, “member” is defined to be that person or persons

lawfully occupying any lot or parcel of land located in GREENWOOD, whether shown on Exhibit

“A” or subsequently described as part of GREENWOOD in another declaration of protective covenants,

their immediate family and guests and invitees.

4.0 Common Areas

The common areas included in the attached plat, Exhibit “A,” shall be constructed by the

undersigned, its successors and assigns. The undersigned shall maintain and repair the common areas

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until it transfers that maintenance and repair function to the Homeowner’s Association. Until such

transfer, dues paid to and collected by the Homeowner’s Association shall be paid over to the

undersigned for use in maintenance and repair of the common areas.

4.1 Amendment

These protective covenants may be amended only upon an affirmative vote of sixty-seven

percent (67%) of the members of Greenwood Homeowner’s Association, Inc., at a meeting duly called

by that corporation. “Members” for the purposes of this paragraph is defined in paragraph 5.1, below.

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HOMEOWNER’S ASSOCIATION

5.0 Homeowner’s Association

A Homeowner’s Association, to be called “Greenwood Homeowner’s Association, Inc.,” shall

be created for the purpose of enforcing the restrictive covenants set out herein and to maintain the

common areas of GREENWOOD.

5.1 Nonprofit Corporation

A nonprofit corporation, incorporated under the laws of the State of Texas, shall be formed with

two (2) classes of membership. Because the undersigned envisions the development of additional units

of GREENWOOD adjacent to the land shown on Exhibit “A” the owners of which shall be members of

the same nonprofit corporation, the membership classes are defined below to accomodate membership

of owners of land used as shown on the site plan approved by the Planning and Zoning Commission and

the City Commission of the City of Amarillo, Texas. The first class of membership shall be known as

Class A and shall include the owners of single-family, residential dwelling real property located in

GREENWOOD as shown on Exhibit “A” (and any other single-family residential dwelling units or lots

[excluding apartments] which may subsequently be developed within GREENWOOD,) each of which

memberships shall have one vote for each lot or parcel of land owned, as shown on Exhibit A; for

example, if husband and wife owned Lot 12 in Block l, as shown on Exhibit “A,” they would be entitled

to cast one vote as a member of the nonprofit corporation); the second class of membership shall be

known as Class B which shall be the undersigned and which shall be entitled to three (3) votes for each

lot or parcel of real property owned, as shown on Exhibit “A.” Class B membership shall cease and be

converted to Class A membership on the first to happen of either of the following events: (a) When the

total votes outstanding in Class A membership equal the total votes outstanding in Class B membership,

or (b) on October l7, 1980.

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5.2 Membership, Dwelling

Each owner of a single-family residential dwelling lot or building site located in GREENWOOD

as shown by the recorded map or plat thereof in the Deed Records of Randall County, Texas, shall be a

member of the association. Such membership shall be referred to as Class A members and the owner of

each such lot or building site shall have one vote for each and every lot or building site owned. No Class

A member shall be required to pay any consideration whatsoever solely for a membership in the

corporation.

5.3 Membership, Imperial Savings Association of Amarillo

Imperial Savings Association of Amarillo, the initial developer of GREENWOOD, shall be a

Class B member of the association and, until it transfers and conveys the common areas of

GREENWOOD as shown by the recorded map or plat thereof, it shall be entitled to three (3) votes for

each and every lot or building site owned in GREENWOOD. After conveyance of the common areas to

Greenwood Homeowner’s Association, Inc., Imperial Savings Association of Amarillo shall become a

Class A member entitled to vote as provided above.

5.4 Limited Membership

Only an owner of real property located in GREENWOOD as provided in the bylaws, shall be a

member of the association, and no other person or entity shall be entitled to membership. Ownership of

one lot or building site by several joint or common owners shall entitle all of those joint or common

owners to only the number of votes applicable to the ownership of the lot or building site or block, as

provided above; that is, by way of example, two (2) undivided interest owners sharing ownership of one

lot or building site have between them only one vote since such undivided interest owners together own

only one lot or building site.

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5.5 Transferability

Membership in the association is appurtenant to each parcel of real property owned (as limited

and provided above) and a membership cannot be transferred, assigned, pledged, hypothecated or

encumbered in any manner as if it were a separate piece of personal property, it being the purpose of the

bylaws to make ownership of real property in GREENWOOD and membership in the association

inseparable.

5.6 Dues

Each member shall be obligated to pay dues to the association commencing thirty (30) days after

conveyance of a lot or parcel of land as described on Exhibit “A” by the undersigned to such member.

The amount of such dues shall be determined by the Board of Directors of the association for each class

of members of the association; provided, however, the monthly dues for each membership class shall not

exceed the amounts indicated as follows except as provided below: (a) (Class A, $30.00 per month; (b)

Class B, $ 30.00 per month.

5.61 Increasing Maximum Dues

The method for increasing the maximum dues, provided above, is as follows: From and after

January l of the year immediately following the conveyance of the first lot to an owner, the maximum

annual assessment for all classes of membership may be increased (a) not more than five percent (5%)

above the maximum dues for the previous year without a vote of the membership; (b) above five percent

(5%) by a vote of 67% of all members (regardless of classes) who are voting in person or by proxy at a

meeting duly called for that purpose. The Board of Directors may fix the annual assessment of dues at

an amount not in excess of the maximum.

5.62 Special Assessments for Capital Improvements

In addition to the annual assessment of dues provided above, the Board of Directors of the

corporation may levy a special assessment applicable to the year in which such assessment is acted upon

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by the Board only for the purpose of defraying the cost of any construction, reconstruction, repair or

replacement of capital improvements upon the common areas; provided, however, any such assessment

shall have the affirmative vote of two-thirds (2/3) of the vote of the membership (regardless of class)

voting in person or by proxy at a meeting duly called for that purpose.

5.7 Lien for Dues

A lien is hereby created to secure payment of the dues authorized to be assessed and collected in

the immediately preceding paragraph by Greenwood Homeowner’s Association, Inc.; Board of

Directors, which lien shall secure payment of any and all dues which have been assessed and which are

past due and owing by any member. The lien so created shall be a lien against the land owned in whole

or in part by such member and shall be a continuing lien against said real property until paid and this

shall be binding upon such member (also called “owner”), his successors, assigns, heirs, executors and

administrators. 5.71 Subordination of Lien. The lien for dues provided in paragraph 5.7 above, shall be

subordinate to the lien of any mortgage or mortgages now or hereafter placed upon any lot, tract or

parcel of land described on Exhibit “A.”

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SIGNED and DATED this __________ day of October, 1974, by the duly authorized and

acting officers of the undersigned.

IMPERIAL SAVINGS ASSOCIATION OF AMARILLO

By___________________________________________

Fred L. White, President

ATTEST:

____________________________________________

Tommy G. Lane, Executive Vice

President and Secretary

THE STATE OF TEXAS §

§

COUNTY OF _________§

BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day

personally appeared FRED L. WHITE, known to me to be the person and officer whose name is

subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said

IMPERIAL SAVINGS ASSOCIATION OF AMARILLO, a corporation, and that he executed the same

as the act of such corporation for the purposes and consideration therein expressed, and in the capacity

therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ________ day of ________ ,

1974.

__________________________

Notary Public, County, Texas

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A tract of 1and_out of Section 6, Block 9. BS&F Survey in Randall County, Texas, described as

follows:

BEGINNING at a point from whence the Northeast corner of said Section 6 bears North 00° 24’ 00”

west, 2532.23 feet and South 89° 43’ 30” East 4145.20 feet;

THENCE South 89° 43’ 30” East, 30.00 feet to a point;

THENCE North 00° 24’ O0” West, 10.35 feet to a point;

THENCE North 70° 40’ 31” East, 28.28 feet to a point;

THENCE Northwesterly 163.50 feet on a curve to the right with a radius of 495.0 feet to point of

tangency;

THENCE North 00° 24’ 00” west, 95.05 feet to a point;

THENCE South 89° 43’ 30” East, 414.93 feet to a point on the West line of Tangowood Subdivision

Unit No. 1;

THENCE Southeasterly 413.19 feet along a curve to the left whose radius point bears North 77° 38’ 02”

East, 1946.95 feet, to point of reverse curvature;

THENCE Southeasterly 268.91 feet along a curve to the right with a radius of1119.33 feet to a point on

the North line of Southwest 51st Avenue;

THENCE 69° 55’ 20” West, 11.55 feet to a point;

THENCE South 20° 04’ 40” East, 60.00 feet to a point;

THENCE Southerly 403.08 feet along a curve to the right whose radius point bears South 82° 22’ 03”

West, 1119.33 feet, to a point of reverse curvature;

THENCE Southwesterly 319.05 feet along a curve to the left with a radius of 1436.54 feet, to a point on

the North line of Southwest 53rd Avenue;

THENCE North 89° 43’ 30” West, along the North line of Southwest 53rd Avenue, 600.60 feet to a

point;

THENCE North 00° 24’ 00” West, 1148.10 feet to the POINT OF BEGINNING and containing 19.3528

acres in area.

B5&F Survey Amarillo, Randall County, Texas, and is more particularly described by metes and bounds

on Exhibit “A” attached hereto

B. All references to “Exhibit ‘A’” contained in the Declaration of Protective Covenants of

“Greenwood” the paragraphs numbers listed below are hereby amended to read as follows: “Exhibit

‘A’” and on the recorded maps or plats of subsequently developed units within the plan of development

known as ‘Greenwood’.” The following paragraphs are so amended: 2.0; 2.12; 2.5; 2.7; 2.72; 2.8; 2.91;

3.1; 3.2; 3.4; 3.5; 4.0; 5.6; 5.71.

C. The following paragraph is added, in its numerical order to the Declaration of Protective

Covenants of “Greenwood”, mentioned above.

“2.92 Mailboxes. All receptacles for the collection and delivery of residential mail

by the U.S. Postal Services shall be located at the street-curb of each block

designated for residential use as shown on the attached map, Exhibit ‘A’, and on

the recorded maps or plats of subsequently developed units within the plan of

development known as ‘Greenwood’. These mail receptacles shall service no

fewer than two nor more than five residential lots and shall be maintained,

repaired, and constructed by the homeowner’s association. The expense of

maintenance, repair, and construction shall be shared equally by the residential

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lots serviced by each such receptacle. The receptacles for each residential lot shall

be separate, but clustered in a common location. The receptacle shall not be a part

of the common areas as defined in paragraph 3.0, below.”

D. Paragraph 3.0 of the Declaration of Protective Covenants of “Greenwood” is amended to read as

follows:

“3.0 Common Areas. The real property shown on Exhibit ‘A’ designated

‘Common Area’ (and ‘Common Area’ designated and shown on the recorded

maps or plats of subsequently developed units within the plan of development

known as ‘Greenwood’) is hereby set aside for the beautification and

enhancement thereof and for the use and enjoyment of the owners of the property

to which these protective covenants pertain.”

SIGNED AND DATED this 4th day of December, 1975, by the duly authorized

and acting officers of the undersigned

IMPERIAL SAVINGS ASSOCIATION OF

AMARILLO

ATTEST:

By________________________________

Tommy G. Lane, President

By____________________________

Secretary (Assistant)


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