Declaration — Third Amendment

Unofficial reading copy. This is a text version of the recorded instrument, provided for readability and accessibility. The authoritative version is the recorded instrument on file with the Hays County Clerk — Doc. No. 90014257, Official Public Records of Hays County, Texas (Vol. 3664, Pg. 366). If this copy and the recorded instrument differ, the recorded instrument controls.

Recorded PDF Hays County record ↗ All governing documents

Recording Information (Hays County Clerk)

Hays County — Linda C. Fritsche, County Clerk

Instrument Number: 2009-90014257 Recorded On: June 01, 2009 — OPR RECORDINGS Parties: VILLAGE AT LEDGE STONE Billable Pages: 11 Number of Pages: 12

Comment: (Parties listed above are for Clerk's reference only)

** Examined and Charged as Follows: ** OPR RECORDINGS 56.00 Total Recording: 56.00

*** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ***

Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

File Information: Document Number: 2009-90014257 Receipt Number: 220017 Recorded Date/Time: June 01, 2009 03:02:49P Book-Vol/Pg: BK-OPR VL-3664 PG-366 User/Station: R Robinson - Cashiering #1

Record and Return To: ARMBRUST & BROWN 100 CONGRESS AVE STE 1300 AUSTIN TX 78701-2744

State of Texas / County of Hays — I hereby certify that this instrument was filed for record in my office on the date and time stamped hereon and was recorded on the volume and page of the named records of Hays County, Texas.

Linda C. Fritsche, County Clerk

AFTER RECORDING RETURN TO:

ROBERT D. BURTON, ESQ. ARMBRUST & BROWN, L.L.P. 100 CONGRESS AVE., SUITE 1300 AUSTIN, TEXAS 78701

VILLAGE AT LEDGE STONE

THIRD AMENDMENT TO DEVELOPMENT AREA DECLARATION AND DECLARATION OF CONDOMINIUM REGIME FOR VILLAGE AT LEDGE STONE CONDOMINIUMS

(Hays County, Texas)

Declarant: 290 EAST BUSH, INC., a Texas corporation

Cross reference to that certain Village at Ledge Stone Master Covenant, recorded as Document No. 06034956 in the Official Public Records of Hays County, Texas and to that certain Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 06035025 in the Official Public Records of Hays County, Texas, as amended.

356946-1 04/06/2009

THIRD AMENDMENT TO DEVELOPMENT AREA DECLARATION AND DECLARATION OF CONDOMINIUM REGIME FOR VILLAGE AT LEDGE STONE CONDOMINIUMS

This Third Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums is made by 290 EAST BUSH, INC., a Texas corporation ("Declarant"), and is as follows:

RECITALS

A. Declarant previously executed and recorded that certain: (i) Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 06035025 in the Official Public Records of Hays County, Texas, as amended by that certain; (ii) First Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 80028573, in the Official Public Records of Hays County, Texas, as amended by that certain; (iii) Second Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 90006124, in the Official Public Records of Hays County, Texas (collectively, the "Declaration").

B. Pursuant to Provision A.3.9(iii) of Appendix "A" to the Declaration, during the "Development Period" (as defined in the Declaration), Declarant reserves the right to subdivide Units or convert Units into Common Elements, and Limited Common Elements within the Property in the exercise of statutory Development Rights.

C. Provision A.3.11(v) of Appendix "A" to the Declaration further provides that, during the Development Period, Declarant may amend the Declaration, without consent of other owners or any mortgagee, to subdivide, combine, or reconfigure Units or convert Units into Common Elements, in the exercise of statutory Development Rights.

D. Pursuant to Section 82.060 of the Texas Uniform Condominium Act, to exercise a statutory development right, Declarant must prepare, execute and record an amendment to the Declaration and record new plats and plans for that real property. The amendment to the declaration must reallocate the allocated interests among all Units.

E. The Development Period is a fifteen (15) year period commencing on the date the Declaration was recorded in the Official Public Records of Hays County, Texas. The Declaration was recorded in the Official Public Records of Hays County, Texas on February 16, 2006. Accordingly, the Development Period has not yet expired.

F. For the express purpose [of] exercising Declarant's statutory Devlopment [sic] Right, Declarant now desires to amend the Declaration, as set forth more fully hereinbelow, for the purpose of converting Units 1, 2, 3, 4, 12, 13, 14, 15, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 87, 88, 92, 93, 94, 95, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, and 117 in the Regime into General Common Elements, to record new plats and plans reflecting such conversion, and to reallocate the allocated interests among all Units within the Regime. The total number of Units within the Regime after giving effect to this Amendment is equal to seventy-four (74).

NOW THEREFORE, the Declaration is hereby amended as follows:

1. Conversion of Units into General Common Elements. In accordance with the rights held by Declarant pursuant to Provisions A.3.8(i) and Provision A.3.8(v) of Appendix "A" to the Declaration, Declarant hereby converts Units 1, 2, 3, 4, 12, 13, 14, 15, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 87, 88, 92, 93, 94, 95, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, and 117 in the Regime into General Common Elements.

2. Replacement of Attachment 1. The Plat and Plans attached as Attachment 1 to the Declaration are hereby deleted in their entirety and the New Plats and Plans are substituted in their place. The New Plats and Plans: (i) assign an identifying number to all Units; (ii) describe the portion of the Limited Common Elements created or assigned to all Units and (iii) include the information required by Section 82.059 of the Texas Uniform Condominium Act.

3. Replacement of Attachment 2. The Common Interest Allocation allocated to all Units within the Regime, after giving effect to this Amendment, is set forth on Exhibit "B" attached hereto and incorporated herein by reference. Exhibit "B" will supersede and replace Attachment 2 attached to the Declaration.

[SIGNATURE PAGE FOLLOWS]

Execution

EXECUTED to be effective on the date this Amendment has been recorded in the Official Public Records of Hays County, Texas.

DECLARANT:

290 EAST BUSH, INC., a Texas corporation

By: Michael L. Schoenfeld, Vice President Date: [date illegible in scan], 2009

THE STATE OF TEXAS § COUNTY OF HAYS §

This instrument was acknowledged before me this 1st day of [month illegible], 2009 by Michael L. Schoenfeld, Vice President of 290 East Bush, Inc., a Texas corporation, on behalf of said corporation.

Notary Public Signature — Angela Doris Tidwell, Notary Public, State of Texas My Commission Expires March 28, 2010

356946-1 04/06/2009

ATTACHMENT 1 — CONDOMINIUM PLAT AND PLANS

[Editorial note: Attachment 1 is a set of recorded condominium plats and plans (survey drawings) for the "Village at Ledge Stone Condominiums — Amended," prepared by Holt Carson, Inc., Registered Professional Land Surveyor No. 5166, dated April 15, 2009. The drawings themselves, and their curve/coordinate data tables and numbered courses, are graphical survey content and are not reproduced in this reading copy. The readable textual content appearing on the plat sheets is transcribed below.]

Legal Description

LOT 1, BLOCK D, BUSH RANCH PHASE 1, A SUBDIVISION IN HAYS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 13 PAGE 223 OF THE PLAT RECORDS OF HAYS COUNTY, TEXAS.

(A portion of the amended plat references a portion of Lot 1, Block D, Bush Ranch Phase 1 Revised, Volume 14 Page 54, Hays County Plat Records.)

Surveyor's Certification

This map contains the information required by Texas Uniform Condominium Act Section 82.059. Prepared April 15, 2009. Holt Carson, Registered Professional Land Surveyor No. 5166. Holt Carson, Inc., 1904 Fortview Road, Austin, TX 78704, (512) 442-0990.

General Notes

All improvements and land reflected on the plat are designated as general common elements, save and except portions of the regime designated as limited common elements or units: (i) in the Declaration of Condominium Regime for Village at Ledge Stone Condominiums (the "Declaration") or (ii) on the plats and plans of the regime.
Ownership and use of condominium units is subject to the rights and restrictions contained in the Declaration.
Each unit, building, limited common element and general common element is subject to special rights reserved by the Declarant as provided [in] provision A.4. of Appendix "A" to the Declaration. Pursuant to such provisions, among other things, Declarant has reserved the right to (i) complete or make improvements indicated on the plat and plans, as provided in Provision A.4(i) of Appendix "A" to the Declaration; (ii) exercise any development right permitted by the Texas Uniform Condominium Act (the "Act") and the Declaration, including the addition of real property [to] the regime, which property may be added as units, general common elements and/or limited common elements, as provided in Section 2.2 of the Declaration and Provision A.4(ii) of Appendix "A" to the Declaration; (iii) make the property part of a larger condominium or planned community, as provided in Provision A.4(iii) of Appendix "A" to the Declaration; (iv) use units owned or leased by Declarant as models, storage areas, and offices for the marketing, management, maintenance, customer service, construction, and leasing of the property, as provided in Provision A.4(iv) of Appendix "A" to the Declaration; and (v) appoint or remove any Declarant-appointed officer or director of the Association during the Declarant control period (as defined in the Declaration) consistent with the Act, as provided in Provision A.4(vii) of Appendix "A" to the Declaration. As provided in Provision A.4(v) of Appendix "A" to the Declaration, for purposes of promoting, identifying, and marketing the property, Declarant reserves an easement and right to place or install signs, banners, flags, display lighting, potted plants, exterior decorative items, seasonal decorations, temporary window treatments, and seasonal landscaping on the property, including items and locations that are prohibited to other owners. Declarant reserves an easement and right to maintain, relocate, replace, or remove the same from time to time within the property. As provided in Provision A.4(vi) of Appendix "A" to the Declaration, Declarant has an easement and right of ingress and egress in and through the common elements (as defined in the Declaration) and units owned or leased by Declarant for purposes of constructing, maintaining, managing, and marketing the property, and for discharging Declarant's obligations under the Act and the Declaration.

ATTACHMENT 2 — COMMON INTEREST ALLOCATION

The Common Interest Allocation and percentage of liability for common expenses for each Unit is 1/74. Each Unit is allocated one (1) vote.

End of Third Amendment (Doc. No. 90014257).

[Editorial note: The source PDF also contains a separate, later-recorded instrument — the Fourth Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded July 9, 2009 as Doc. No. 90018196 (Vol. 3692, Pg. 487). That instrument is a distinct recording and is not part of this Third Amendment; it is not reproduced in this reading copy.]

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