Section I Property Restrictions (As Amended July 1998) Point Lookout Estates PREAMBLE It is the intention of Owner herein that Point Lookout Estates under the above-mentioned development shall be maintained as a residential subdivision other than the parts and portions thereof as reflected by the aforesaid map and plat, in which the owners of various lots may be protected in the enjoyment of their property, and the use of the other developments thereon, including streets and park facilities as hereinafter provided. These covenants have been promulgated with a view toward allowing a maximum of activity insofar as recreational uses and related matters are concerned, while assuring the purchasers of lots therein safeguards of appearance, sanitation and maximum protection of the other rights and of the assumption of responsibilities as hereinafter set out. I The restrictions, covenants and conditions in Part II as hereinafter set out shall apply to all sections reflected by the aforesaid map and plat with the exception of Areas A, B, C and D, which constitute the park area, and to Areas G and H reflected thereby which are also excluded therefrom with the expectation and right to develop the same as commercial property by Owner herein, his heirs or assigns. Said Areas A, B, C, D, G and H are expressly excluded from the term "residential area" as set out in Section II, or otherwise applied to residential section. Reserved Areas A, B, C and D, as a part of said dedication of said subdivision shall be subject to the restrictions, covenants, conditions and warranties as provided in Part III as hereinafter set out. For all legal purposes herein reference is made to the recording of the aforesaid map and plat of said subdivision to the same extent as if fully copied herein. II RESIDENTIAL AREA COVENANTS 1. No lots shall be used except for single-family RESIDENTIAL PURPOSES. The term "residential purposes" as used herein shall be held and construed to exclude hospitals, clinics, nursing homes, duplex houses, apartment houses, boarding houses, hotels and all other commercial uses as all such uses of said property are hereby expressly prohibited. Rental or lease of the lot and the residence thereon for any period of time less than 90 days shall be prohibited. Any rental or lease shall provide, in writing, that (the renter or lessee has received a copy of the Deed Restrictions and agrees to be bound by same and comply with all Deed Restrictions. Rental or lease of the lot and residence shall not relieve the property owner from compliance with these Deed Restrictions. 2. No building shall be erected, placed, or altered on any residential lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Point Lookout Restrictions Committee (as hereinafter established) as to compliance with these restrictions on quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any residential lot unless similarly approved. Approval shall be as provided in Part IV hereof. 3. The floor area of all residences, exclusive of open porches and garages, shall be not less than 600 square feet. All buildings shall be single story type, except on Lots 1 through 38 in Block 1, and Lots 1 through 12 in Block 15, and except "A" frame type houses that may be approved by the Restrictions Committee. The design, materials and workmanship in all buildings shall be in conformity with standards in common use by architects and builders of quality homes. 4. No building shall be located on any residential lot nearer than 20 feet to the front lot line. No building shall be located nearer than 5 feet to an interior or cornerside lot line. Corner residential lots shall be deemed to front on the street side having the least frontage. 5. Lots are purchased subject to easements established or to be established by grant or agreement between Owner and the utilities furnishing the electric, gas, phone and water utilities, and in addition thereto, waterfront lots shall be subject to easements established or to be established and granted to the City of Houston Water Department or other authority having right of condemnation on waterfront lots. 6. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the neighborhood. 7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanently. 8. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs and cats (not to exceed two of each category) may be kept, provided they are not kept, bred, or maintained for any commercial purposes, but only for the use and pleasure of the owners of such lot. 9. Whenever a residence is established on any lot, it shall be provided with an inside toilet, and shall be connected immediately with a septic tank, at the expense of the owner of said lot. Such sewage disposal system shall be in accordance with the requirements of the State Health Department, and shall be subject to the inspection and approval of the Health Officer of San Jacinto County, Texas. The drainage of septic tanks into a road, street, alley, or other public ditch, or Lake Livingston, either directly or indirectly, is strictly prohibited. 10. Drainage structures under private driveways shall have a net drainage opening of sufficient size to permit the free flow of water without back water and shall be a minimum of 12 inch diameter pipe culvert. Culverts must be used for driveways and/or walks. 11. The owners and/or occupants of all lots in this subdivision shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner, and shall in no event use any lot for storage of material and equipment except for normal residential construction requirements, or permit the accumulation of garbage, trash, or rubbish of any kind thereon. In the event of default on the part of the owner or occupant of any lot in this subdivision in observing the above requirements, or any of them, Seller may, without liability to the owner or occupant, in trespass or otherwise, enter upon said lot, cut, or cause to be cut, such weeds and grass, and remove or cause to be removed, such garbage, trash, rubbish, etc., so as to place said lot in a neat, attractive, healthful and sanitary condition, and may bill either the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agrees by the purchase or occupation of any lot in this subdivision to pay such statement immediately upon receipt thereof. 12. No sign, advertisement, billboard, or advertising structure of any kind may be erected or maintained on any residential lot without the consent in writing of the Point Lookout Restrictions Committee. Developers or members of the Committee shall have the right to remove any such sign, advertisement, or billboard or structure which is placed on any residential lot without such consent, and in so doing, shall not be liable, and is expressly relieved from any liability for trespass or other tort in connection therewith, or arising from such removal. 13. No boats, boat trailers, or boat rigging shall ever be parked or placed (except temporarily) nearer to the street than the 20 feet building setback lines. The parking of automotive vehicles on road shoulders for a period longer than twelve hours is prohibited. 14. The digging of dirt or the removal of any dirt from any lot is expressly prohibited, except when necessary in conjunction with the landscaping of such lot, or in conjunction with construction being done on such lot. No trees shall be cut on any lot except to provide room for construction of buildings, or to remove dead or unsightly trees. 15. All residences and other buildings must be kept in good repair, and must be painted when necessary to preserve the attractiveness thereof. 16. No residential lot in Point Lookout Estates, as platted shall be resubdivided in any manner, except as follows: Any person or persons owning two or more adjoining lots in Point Lookout Estates may subdivide or consolidate such lots into building sites, with the privilege of placing or constructing improvements on each such resulting building site, provided that such subdivision or consolidation does not result in more building sites than the number of platted lots involved in such subdivision or consolidation. No such resulting building site shall contain less than 600 square feet. 17. Deleted July 1998 Ill 1. Reserve Areas A, B, C & D shall be used by the owners of lots in Point Lookout Estates, in common with the owners of lots in such other sections of Point Lookout Estates as may hereafter be developed. These reserve areas shall be used as a community and recreational areas for the benefit of all of such lot owners, and for the benefit of the subdivision — including (but not by way of limitation) community and civic enterprises, swimming, boating, outdoor sports, and other recreational activities. Such common area shall be kept free of weeds, and shall be maintained in a sanitary, healthful and attractive manner. Garbage, trash, and rubbish of all kinds shall not be permitted to accumulate thereon. 2. Buildings or structures approved by the Committee shall be permitted for the purpose set out in paragraph 1 above on Reserve A, B, C & D, and any other purpose deemed by Point Lookout Estates Restrictions Committee to be for the common good and benefit of all lot owners in the subdivision and any future sections subsequently developed. 3. Only the owners and/or occupants of lots in Point Lookout Estates, Section One, Section G and Section H, and subsequent sections, together with their guests when accompanied by the owner or occupant, shall be permitted to have the use of Reserves A, B, C & D and the general public is specifically excluded therefrom. IV 1. There is hereby created the Point Lookout Estates Restrictions Committee, which shall be composed initially of Earl Dungan, L. C. Holder, and A. Halla, Jr., all residents of Houston, Texas. Vacancy in the Committee at any time shall be filled by vote of the remaining members. 2. Point Lookout Estates Restrictions Committee shall be the representatives of all the property owners in Point Lookout Estates, Section One, in assisting in preservation of property values; and the Committee shall have the powers and functions (but not by way of limitation) herein listed, but shall not have the sole obligation with respect to enforcement of restrictions; such powers being; (a) Collect and expend, in the interest of Point Lookout Estates, Section One, the Maintenance Fund created in this instrument. (a) Enforce these covenants and restrictions by appropriate proceedings. (c) Enforce any lien imposed on any lot or lots in this addition by these restrictions. (d) It is contemplated that developers, or their assignees or nominees of Reserves A, B, C & D will construct solely from maintenance fund proceeds, various community improvements on such reserves, and in such event, will find it necessary to secure adequate financing for such construction. The Committee is hereby given express power, right and authority to pledge, hypothecate, collaterally assign or otherwise mortgage any moneys paid or to be paid into the Maintenance Fund in connection with the financing of such construction, or in repayment thereof to the developing corporation or any lending agency or institution. (e) Approve or reject plans and specifications for improvements to be erected in Point Lookout Estates, Section One. In the event the Committee fails to approve or disapprove within thirty (30) days after submission to it of plans and specifications, the owner shall send notification to Point Lookout Estates Restrictions Committee by registered mail in care of A. Halla, Jr., 2713 Bissonnet Street, Houston 5, Texas, notice that his or her plans and specifications have not been approved in such thirty day period. If another ten days elapses without notification to the owner by the Committee of approval or disapproval, approval will not be required, and the related covenant shall be deemed to have been satisfied. 3. The following provision, whether incorporated in each deed or not, shall be applicable to all residential lots in Point Lookout Estates. "The property herein conveyed is hereby subjected to an annual maintenance charge at the rate $12.00 for each lot per year, for the purpose of creating a fund to be known as "Point Lookout Estates Maintenance Fund" to be paid by the owner of this lot in conjunction with a like charge to be paid by the owners of other lots in Point Lookout Estates, the same to be secured by a vendor's lien upon said lots, and payable annually on the first day of January of each year in advance, beginning January 1, 1963 to Point Lookout Estates Committee, at its office in Houston, Texas, and said charge and lien are hereby assigned to such Committee. Such annual charge may be adjusted from year to year by said Committee as the needs of the property may, in its judgment, require, but in no event shall such charge be raised above $12.00 per year, unless raised by a majority vote of the lot owners. Funds arising from said charge shall be applied, so far as sufficient, toward the payment of maintenance expenses or construction costs incurred for any-or all of the following purposes: lighting, improving, and maintaining the streets, sidewalks, paths, parks, parkways, esplanades, or swimming pool; area between curb and sidewalk; collecting and disposing of garbage, ashes, rubbish and the like; employing policemen and watchmen; providing fire protection; caring for vacant lots; and the construction of club house facilities, ramps, boat landings, boat basins, and other similar recreational facilities on Reserves A, B, C & D; and doing any other thmg necessary or desirable in the opinion of said Committee to keep the property neat and in good order, or which it considers of general benefit to the owners or occupants of the addition, it being understood that the judgment of said committee in the expenditure of said fund shall be final so long as such judgment is exercised in good faith. It is contemplated that the developers, or their assignees or nominees of Reserves A, B, C & D will construct various community improvements on such reserves, and in such event will find it necessary to secure adequate financing for such construction. The Committee is hereby given express power, right and authority to pledge, hypothecate, collaterally assign or otherwise mortgage any moneys paid or to be paid into the Maintenance Fund in connection with the financing of such construction, or in repayment thereof to the developing corporation or any lending agency or institution. When, as, and if other sections of Point Lookout Estates are developed and a maintenance charge collected from the lots therein, the same as the foregoing, then the Maintenance Fund composed of charges collected from the several owners of the several sections shall be expended for the purposes above enumerated in all of the sections of Point Lookout Estates paying such maintenance charge to such Committee. Such maintenance charge shall in any event extend for a period of twenty-five (25) years from January 1, 1963, and shall be extended automatically for successive periods of ten (10) years unless the then owners of the majority of the lots in said addition paying such charge vote to discontinue such charge, such action to be evidenced by written instrument signed and acknowledged by the owners of the majority of the square foot area and recorded in the Deed Records of San Jacinto County, Texas. Purchaser agrees and consents to, and joins in, such maintenance charge by acceptance of his deed, with the understanding that developers have no obligation to install lighting, parkways, esplanades, or swimming pool or to furnish maintenance or to do any other thing described herein other than from maintenance funds. It is specifically provided that any lien for improvements placed upon Reserves A, B, C and D by the developing company, its successors, assigns or nominees, shall be a first and prior lien, and that these restrictions (notwithstanding anything to the contrary contained herein) shall be inferior to and subordinate to such lien shall take the property free and clear of the restrictions, covenants and conditions contained herein. V 1. Irrespective of any other provision as herein contained by expressed or implied statement, the streets or lots within said subdivision shall be wholly and solely for the use of owners in residential or commercial sections, or house guests of said owners of residential or commercial property therein, or A. Halla, Jr.; his heirs or assigns, agents, servants or employees, being excepted as to all parties, and the Restrictions Committee shall be entitled to use all necessary and reasonable means in avoiding the use of said property, residential, commercial, or park area by the public at large, and thereby restrict the use thereof and in the furtherance thereof such use shall remain subject to supervision of the Restrictions Committee herein. 2. Reserved Areas A, B, C and D constituting the park area as reflected by the aforesaid plat, shall be for the sole and exclusive use of lot owners herein, Restrictions Committee and house guests of said designated parties, to the exclusion of the general public at large, and the maintenance and use thereof shall be under the exclusive control and supervision of the Restrictions Committee. 3. Reserved Areas G and H may be used by Owner, his heirs or assigns, as well as tenants or lessees thereunder, for commercial purposes wherefrom lawful businesses may be conducted in serving the needs and pleasures of individuals lawfully using or occupying the premises under the terms as herein set out. By the term "reserved areas" is meant property and rights to the use thereof expressly reserved to Owner herein, his heirs or assigns. VI 1. These covenants are to run with the land, and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded with the County Clerk of San Jacinto County, Texas, after which time said covenants shall be extended automatically for successive periods of ten (10) years, unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part, or to revoke them. 2. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain such violation or proposed violation, or to recover damages. Such enforcement may be by the owner of any lot in said subdivision. 3. Invalidation of any one or more of these covenants, by judgment, or court order or otherwise, shall in no way affect any other covenant, restriction, or condition, but all such other covenants, restrictions, or conditions, shall continue and remain in full force and effect. VII In formulating conditions, covenants, restrictions, and warranties as hereinabove set out, it is the intention of Owner herein that this instrument, taken with the original conditions, covenants, restrictions and warranties, where not in conflict herewith, and the map and plat heretofore referred to, and the approval hereof by the Commissioners Court of San Jacinto County, Texas, as reflected by certified copy thereof in writing appearing of record in Vol. 87, page 341 of the Deed Records of San Jacinto County, Texas, shall be the complete dedication for the use of the Owners within said dedicated subdivision, and any additions of extensions thereof, and shall bind all said parties, their heirs or assigns, for the time and in the manner as hereinabove provided.