THIS DECLARATION, made this 11th day of January, 2008, by Tom Keeton Family Limited Partnership, a Texas Limited Partnership, hereinafter called GRANTOR

WITNESSETH:

WHEREAS, Tom Keeton Family Limited Partnership, a Texas Limited Partnership, desires to make a quality development with restrictions, covenants, impositions, easements, charges and liens as hereinafter set forth for the preservations of the property values of the OWNERS therein.

NOW, THEREFORE, Tom Keeton Family Limited Partnership, a Texas Limited Partnership, declares that the property described in ARTICLE I is and shall be held, transferred, sold, conveyed, and occupied subject to the restrictions, covenants, impositions, easements, charges and liens hereinafter set forth.

ARTICLE I: RESTRICTIONS

NORTH CEDAR ESTATES

DEED RESTRICTIONS

 

Only one main residence, no more than two stories in height, and its related outbuildings shall be permitted on each lot. No lot can be subdivided or divided into a smaller tract. Houses, modular housing, or similar structures (all housing referred to hereafter as dwelling) may be moved onto said premises, permanently affixed with prior written approval of Developer subject to the following conditions:

A. There will be no single wide mobile homes permitted on the property. All dwellings shall have a minimum of 1175 square feet under roof.

B. Any structure other than a dwelling placed on the property shall be of new construction and all wood exterior material shall have no less that two coats of paint.

C. All dwelling/structures must be completed within one hundred twenty (120) calendar days after the beginning construction. Reasonable extensions may be granted by the Developer. The outside premises shall be free of all debris and landscaped as provided herein within the 120 day period.

D. Any dwelling structure or out building must have the written approval of the Developer prior to erection or move in. Developer Permits may be obtained at the offices of the Developer.

E. Each dwelling unit must have a Developer Permit, regardless of age and size, prior to move in or construction.

F. Steps, a minimum of 36 inches (36") wide, shall be required at all doors of homes.

G. Wheels on any dwelling shall be removed and a solid support installed to permanently affix the dwelling to the lot. It shall be the responsibility of the dwelling owner to anchor/strap his /her home as protection against high winds in accordance with the manufacture's recommendations and State requirements.

H. All dwellings will be required to be uniformly underpinned between the base of the home and the ground level with an access on the back side. Underpinning shall be of brick, painted concrete block, metal, stucco, or wood siding, and shall match the color scheme of the home.

I. Vehicles shall have currently valid licenses and inspection stickers, be operable and in good condition. No wrecked cars shall be allowed.

J. One mail box per dwelling may be installed, bearing the owner's name as specified by the Developer and acceptable to the post office.

K. All dwellings shall have a driveway, a minimum of twelve feet (12') wide, from the street to the carport or garage. Drives shall be gravel, concrete or asphalt paving. No used construction materials will be acceptable.

L. Each owner shall landscape his/her lot in a manner satisfactory to Developer.

No portion of any lot may be used for storage of junk, abandoned automobiles, rubbish, used lumber or any material which might detract from the general appearance and attractiveness of the surrounding area. Each lot owner shall be required to keep the grass on each lot mowed so that it shall not be higher then twelve inches (12"). If any owner defaults in this obligation, Developer or its assigns or successors in interest may mow the grass and charge the defaulting lot owner the reasonable cost thereof. However, nothing contained herein shall be construed to obligate the Developer or its assigns or successors to keep the grass mowed on any lot.

Each dwelling shall have a septic system designed in accordance with the requirements and recommendation of the county health officer. Such septic system must be installed and approved by county health prior to occupancy of the dwelling.

No business or commercial pursuits shall be permitted on any lot.

No above ground structure, except for trees and shrubs, shall be permitted nearer than fifty (50') feet to the front property line, nor closer than ten (10') feet to any property line of any lot. No barns or outbuildings, other than garages or other structures incidental to the main dwelling, shall be constructed nearer than fifty (50') feet to front property line, and no outbuilding shall be used for living quarters.

One large livestock animal will be allowed per acre of land or fractional part thereof, and under no circumstances shall any swine be quartered on the premises. No vehicle of any size which normally transports inflammatory or explosive cargo may be kept on the property at any time. No noxious, offensive, unlawful or immoral use shall be made of the premises.

All easements for the installation and maintenance of utilities and drainage facilities are reserved as indicated. No shrubbery, fence or other obstruction shall be placed in any easement, and full right of ingress and egress shall be had at all times over any dedicated easement for the installation, operation, maintenance, repair or removal of any utility, together with the right to remove any obstruction that may be placed in such easement.

Enforcement shall be by proceeding at law or equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.

Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

All tracts are subject to all easement and restrictions of record and are subject to any applicable zoning rules and regulations. All rights of adjoining property owners as to drainage shall prevail and shall not be obstructed. The right to enter one's property is granted to each adjoining property owner one to the other to maintain and insure proper drainage on and across adjoining property.

No commercial animal breeding or marketing shall be allowed on any lot. All pets must be reasonably contained and noise controlled.

LEGAL DESCRIPTION

NORTH CEDAR ESTATES

(Lots 1 through 9)

            Platted Subdivision filed in Plat Records, Fannin County Clerk, Bonham, Texas, Cabinet      , Slide       , known as North Cedar Estates.

                                                             TOM KEETON FAMILY LIMITES PARTNERSHIP

                                                                                  A TEXAS LIMITED PARTNERSHIP

                                                                                  BY: _______________________________________

                                                             TOM KEETON, GENERAL PARTNER

TOM KEETON FAMILY LIMITED PARTNERSHIP

STATE OF TEXAS               *

COUNTY OF FANNIN         *

                SUBSCRIBED AND SWORN BEFORE ME, by the above named Tom Keeton on this the _______ day of January, 2008.

                                                                                                  ________________________________________

                                                                                                  NOTARY PUBLIC, FANNIN COUNTY, TEXAS