AMENDMENT AND RATIFICATION OF RESTRICTIONS
FOR HICKORY HILLS SUBDIVISION SECTION I
| STATE OF TEXAS |
) |
|
| COUNTY OF VAN ZANDT |
) |
KNOW ALL MEN BY THESE PRESENTS: |
That Projects American Corporation, a Texas Corporation, acting by and through its duly
authorized officers, hereinafter referred to as "Developer" have filed deed restrictions
dated January 9, 1987 on that certain property out of the D. Spencer Survey, Abstract No.
824 as shown on Subdivision Plat entitled Hickory Hills Subdivision Section I recorded in
Glide 195A, of the Plat Records of Van Zandt County, Texas, and amended as recorded in
Glide 199E of the Plat Records of Van Zandt County, Texas, said restrictions being
recorded in Volume 1108, Page 181 et seq of the Deed Records of Van Zandt County, Texas,
and as amended in Volume 1113, Page 7 et seq of the Deed Records of Van Zandt County,
Texas, as owners of said property; and
Whereas, Developer and Hickory Hills Property Owners Improvement Association, Inc.,
hereinafter referred to as "Association" desire to amend said restrictions for the
betterment of the subdivision as a whole and for the benefit of the present and future
owners; and Whereas, Developer and Association wish to clarify certain portions of the
above described restrictions;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that Developer and Association do hereby
ratify, confirm and declare that the above described deed restrictions shall be amended as
follows:
Paragraph 27 entitled Commencement of Assessment, shall be amended to read;
Each lot shall commence to bear their applicable maintenance fund assessment from the
earlier of three (3) months following the date of contract for deed from Developer as
seller to a purchaser or of three (3) months following the date of conveyance by Developer
as Grantor. Each assessment due against a lot shall be fully due and payable on the first
day of each calendar quarter towards which such assessment applies. Said assessment shall
be payable to the Association at such place from time to time as the Association shall
elect. Lots owned by Developer are exempt from assessment. For lots owned by Developer
which have been reacquired after sale by repossession, judicial or non-judicial
foreclosure, cancellation of sales contracts, or by any other means, neither the lot nor
the Developer shall be liable for unpaid assessments before the time of repossession.
Additionally, after said lot is repossessed and is being held by Developer for resale or
any other purpose said assessments as of the date of repossession, Developer shall cease
to run against said lot or lots and against Developer until such time as assessments would
commence against said lot as described above. The rate of assessment for an individual
lot, within a calendar year, can change as the character of ownership changes. The
applicable assessment for such a lot shall be prorated according to the rate required of
each type of ownership.
Paragraph 29 entitled Subordination of Lien shall be amended to read:
The lien of the assessment provided for herein shall be secondary and inferior to any
first mortgage. The sale or transfer of any lot shall not affect the assessment lien save
and except that any sale to Developer or its assigns by reason of foreclosure by judicial
process or public sale, by cancellation of contract for sale or by any other conveyance,
shall operate to extinguish and cut off any assessment lien as to the lot and Developer
for both past and future assessments until sale as provided herein. The sale or transfer
of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall
cancellation or other conveyance to extinguish the lien of such assessments as payments
which become due prior to such sale or transfer. No sale or transfer shall relieve such
lot from liability of any assessments there after becoming due or from the lien thereof
save and except if such sale or transfer be made to Developer as defined above.
Witness the execution thereof on this the 13th day of August, 1987.
| ATTEST: |
PROJECT AMERICAN CORPORATION |
D. BRANCH
|
JIM C. RAWSON
|
| ATTEST: |
HICKORY HILLS PROPERTY OWNERS
IMPROVEMENT ASSOCIATION |
| D: BRANCH |
JIM C. RAWSON |
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally
appeared Jim C. Rawson, President of Projects American
Corporation, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed, and in his capacity as President as therein stated.
Jeffrey Kennedy (Sig.)
SUBSCRIBED AND SWORN TO BEFORE ME, on this 13th day of August, 1987.
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
My Commission Expires August 18, 1990
MY COMMISSION
STATE OF TEXAS §
COUNTY OF VAN ZANDT §
BEFORE ME, the undersigned authority, on this day person
ally appeared of Hickory
Hills Property Owners Improvement Association, known to me to be
the, person whose name is subscribed to the foregoing instrument,
and acknowledged to me that (s)he executed the same for the
purposes and consideration therein expressed, and in his/her
capacity as as therein stated.
SUBSCRIBED AND SWORN TO BEFORE ME, on this
1987.
NOTARY
THE STS
PRINTED NAME OF NOTARY:
MY COMMISSION EXPIRES:
5/12
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