FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SENDERO SPRINGS

THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON §

This Fifth Amendment to Declaration of Covenants Conditions and Restrictions for Sendero Springs is made to be effective on the date hereinafter set forth by HY—LAND NORTH JOINT VENTURE a Texas joint venture (“Declarant”).

RECITALS:

A. By Declaration of Covenants, Conditions and“ Restrictions for Sendero Springs, Section One (the “‘Declaration”) recorded as Document No. 2002001226 in the Official Public Records of Williamson County, Texas, Declarant imposed certain covenants, restrictions, charges and liens upon certain real property located in Williamson County, Texas as therein described.

B. By First Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section Two (the “First Amendment”) recorded as Document No. 2002053365 in the Official Public Records of Williamson County, Texas, Declarant brought Sendero Springs, Section Two within the scheme of the Declaration and modified the Declaration as to Section Two.

C By Second Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section Three (the “Second Amendment") recorded as Document No. 2004086294 in the Official Public Records of Williamson County, Texas, Declarant brought Sendero Springs, Section Three within the scheme of the Declaration and modified the Declaration as to Section Three.

D. By Third Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section Four (the “Third Amendment”) recorded as Document No. 2004094487 in the Official Public Records of Williamson County, Texas Declarant brought Sendero Springs Section Four within the scheme of the Declaration and modified the Declaration as to Section Four.

E. By Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Sendero Springs, Section Five (the “Fourth Amendment") recorded as Document No. 2007054707 in the Official Public Records of Williamson County, Texas, Deciarant brought Sendero Springs, Section Five within the scheme of the Declaration and modified the Declaration as to Section Five.

F. Declarant is the owner of that certain real property known as Sendero Springs, Section Six, a subdivision in Williamson County, Texas according to the map or plat thereof recorded as Document No. 20” 03 04 I l of the Plat Records of Williamson County, Texas (‘ ‘Sendero Springs, Section Six”).

G. Section 3.2 of the Declaration provides that Declarant shall have the right at any time and from time to time to bring within the scheme of the Declaration additional properties in future stages of the development of the Sendero Springs subdivision and make such modifications of the Declaration as may be determined by Declarant to be appropriate for such additional property.

H. It is deemed to be in the best interests of Declarant and any other persons who may purchase lots out of Sendero Springs. Section Six that there be established and maintained a uniform plan for the improvement and development said lots and said subdivision for the purpose of enhancing and protecting the value, desirability and attractiveness of said real property.

I. Declarant desires to bring Sendero Springs, Section Six within the scheme of the Declaration and to modify the Declaration as to Sendero Springs, Section Six as hereinafter set forth.

DECLARATIONS:
NOW, THEREFORE, Declarant hereby declares as follows:

1. Addition to Propertv Subiect to Declaration. The following real property (collectively, the “Additional Land") is hereby added to the Properties subject to and covered by the Declaration:

All of the Lots within SENDERO SPRINGS, SECTION SIX, a subdivision in Williamson County, Texas, according to the map or

plat thereof recorded as Document No. 20 ll 0 i 055 l/ of the Plat Records of Williamson County, Texas.

2. Modification of the Declaration as to the Additional Land. The Additional Land shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, restrictions, charges and liens as set forth in the Declaration, provided that as the same relate to the Additional Land only, the terms and provisions of the Declaration are modified as follows:

(a) Section 5.5 of the Declaration is hereby amended to add the sentence below:

The total living area of each principal residence erected on any Lot having approximately fifty (50) feet of frontage on the adjacent street shall have a floor area of not less than one thousand six hundred (1,600) square feet nor more than three thousand five hundred (3,500) square feet.

(b) Section 5.8 of the Declaration is hereby amended by retaining the language of Article 5.8 in its entirety with the exception that the language below is deleted from Article 5.8 Fences as to Section Six:

The Lots are, but not limited to, Block K/100 (partial), K/101, 102, 106, 107, 108, 113, 114 (partial), L/13 (partial), L/14, M/1, M/5-12, M/26-29.

The following language is added to Article 5.8 Fences as to Section Five:

The Lots are, but not limited to, Lots 13, 14, 15, and 22—27 of Block A; and Lots 9, 10, 11 (partial), 19 (partial), 20, 21 (partial), 25 — 31, 33, 34, 35, 37, 38, 39, 40, 41, and 47 (side yard) of Block B.

(0) Section 5.14 of the Declaration is hereby amended by retaining the language of Article 5.14 in its entirety with the exception that the language below is deleted from Article 5.14 as to Section Five. ‘

5.14 Masonry ...Additionally, Lots 19 through 25 and Lot 30, Block B; Lot 8, Block D, Lots 108, Lots 113 through 116, and Lots 120 through 135, Block K; and Lots 1 through 12 and Lots 15 through 20, Block M, of the Subdivision at least 60% of the surface area of the second story of the side elevations, and at least sixty percent (60%) of the entire surface area of the rear elevations (ground floor and the second floor), shall be constructed of masonry materials.

The following language is added to Article 5.14 Masonm as to Section Six

5.14 Masonm ...Additionally, Lots 2-11of Block A, and Lots 2-9 of Block B, of the Subdivision at least seventy—five percent (75%) of the entire surface area of the side and rear elevations (ground floor and the second floor), shall be constructed of masonry materials.