Village at Ledge Stone Condominium Owners Association, Inc.

Declaration — Fourth Amendment

Declaration — Fourth 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. 90018196, Official Public Records of Hays County, Texas (Vol. 3692, Pg. 487). If this copy and the recorded instrument differ, the recorded instrument controls.

Recorded PDF Hays County record ↗ All governing documents

Recording Block

Hays County — Linda C. Fritsche, County Clerk

Instrument Number: 2009-90018196 Recorded On: July 09, 2009 — OPR RECORDINGS Parties: 290 EAST BUSH INC Billable Pages: 12 Number of Pages: 13

Comment: ( Parties listed above are for Clerks reference only )

** Examined and Charged as Follows: ** OPR RECORDINGS 60.00 Total Recording: 60.00

******** 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: 2009-90018196 Receipt Number: 223150 Recorded Date/Time: July 09, 2009 01:50:00P Book-Vol/Pg: BK-OPR VL-3692 PG-487 User/Station: C Rodriguez - Cashiering #4

Record and Return To: ARMBRUST & BROWN LLP 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

LEDGE STONE

FOURTH 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 Village at Ledge Stone Master Covenant, recorded as Document No. 06034956 in the Official Public Records of Hays County, Texas and to 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 the 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, the 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, and the Third Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 90014257, in the Official Public Records of Hays County, Texas.

362744-2 07/07/2009

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

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

RECITALS:

A. Declarant previously executed and recorded the Village at Ledge Stone Master Covenant, recorded as Document No. 06034956 in the Official Public Records of Hays County, Texas and to 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, the "Declaration"), as amended by the 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, the 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, and the Third Amendment to Development Area Declaration and Declaration of Condominium Regime for Village at Ledge Stone Condominiums, recorded as Document No. 90014257, in the Official Public Records of Hays County, Texas (the "Third Amendment").

B. Pursuant to Provision A.3.11 of Appendix "A" to the Declaration, Declarant may amend the Declaration unilaterally and without the consent of other Owners or any mortgagee to create Units, General Common Elements and Limited Common Elements within the Regime.

C. In accordance with Section 4.1 and Provision A.3.9 of Appendix "A" to the Declaration, Declarant has reserved the right, during the Development Period, to create Units, General Common Elements, and Limited Common Elements within the Property. The "Development Period" as such term is defined in the Declaration, 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 November 16, 2006; as such, the Development Period is still in effect.

D. Declarant desires to amend the Declaration for the purpose of creating sixty-three (63) additional Units within the Regime. The total number of Units within the Regime after giving effect to this Amendment is equal to one hundred thirty-seven (137).

NOW THEREFORE, the Declaration is hereby amended as follows:

  1. Creation of Units. In accordance with the rights reserved by the Declarant pursuant to Section 4.1 of the Declaration and Provisions A.3.9 and A.3.11 of Appendix "A" to the Declaration, Declarant hereby creates sixty-three (63) additional Units within the Regime, which are designated as 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 (collectively, the "New Units"). The New Units are hereby classified as Units which MUST BE BUILT.

  2. Ownership of KHI Units. Declarant previously conveyed to KHI POST-CONSUMMATION TRUST ("KHI") Units 12, 13, 14, 15, 55, 87, 88, 115, 116 and 117 in the Regime (collectively, the "KHI Units"). Although the Third Amendment purported to provide that the KHI Units were converted into General Common Elements, KHI was the owner of the KHI Units at the time the Third Amendment was recorded, and neither KHI nor the Declarant intended to include the KHI Units among the Units converted into General Common Elements. Accordingly, it is the express intent of both the Declarant and KHI that this Amendment correct the erroneous conversion of the KHI Units into General Common Elements as provided in the Third Amendment and recreate the KHI Units in the same location and configuration as existed prior to recording the Third Amendment. Upon recording this Amendment, KHI shall remain the owner of the KHI Units. KHI has executed this Amendment to evidence its consent to the terms and provisions hereof.

  3. Replacement of Attachment 1. Attachment 1 to the Declaration is hereby deleted in its entirety and the Plats and Plans attached hereto as Attachment 1 (the "New Plats and Plans"). The New Plats and Plans: (i) assign an identifying number to the New Units; (ii) describe the portion of the limited common elements created or assigned to the New Units; and (iii) include the information required by Section 82.059 of the Texas Uniform Condominium Act.

  4. Replacement of Attachment 2. The Common Interest Allocation, percentage of liability for common expenses and number of votes allocated to all Units within the Regime, after the addition of the New Units, is set forth on Attachment 2, attached hereto and incorporated herein by reference. Attachment 2 supersedes and replaces Attachment 2 to the Declaration in its entirety.

  5. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.

[SIGNATURE PAGE FOLLOWS]

362744-2 07/07/2009

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

THE STATE OF TEXAS § COUNTY OF TRAVIS § [sic — recorded copy reads "COUNTY OF HAS"]

This instrument was acknowledged before me this ___ day of ___ 09 by Michael L. Schoenfeld, Vice President of 290 East Bush, Inc., a Texas corporation, on behalf of said corporation.

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

(SEAL)

362744-2 07/07/2009

AGREED AND CONSENTED TO:

THE KHI POST-CONSUMMATION TRUST

By: U.S. BANK NATIONAL ASSOCIATION, as Plan Administrator

By: _________________________ Printed Name: _________________________ [sic — handwritten, reads "Susan Jacobsen"] Title: _________________________

THE STATE OF _______ § [sic — reads "Md." / Minnesota] COUNTY OF _______ §

This instrument was acknowledged before me this ___ day of ___ 2009 by _________________________, _________________________ of U.S. Bank National Association, as Plan Administrator of KHI Post-Consummation Trust, on behalf of said trust.

Notary Public Signature

Wilhelmina Grace Brown Notary Public, Minnesota My Commission Expires January 31, 2012

362744-2 07/07/2009

ATTACHMENT 1

ATTACHMENT 1 TO THE DECLARATION OF CONDOMINIUM

[CONDOMINIUM PLATS AND PLANS]

The plats and plans, attached hereto as Attachment "1" contains the information required by the Texas Uniform Condominium Act.

Printed Name: _________________________ RPLS or License No. _________________________

SEE NEXT PAGE FOR ORIGINAL CERTIFICATION

362744-2 07/07/2009 — ATTACHMENT 1

Note on Attachment 1 (plat sheets, Pages 1–5 of 5). The following pages are recorded survey drawings — the "Plat of the Village at Ledge Stone Condominiums, Amended," prepared by Holt Carson, Inc. (1904 Fortview Road, Austin, TX 78704). They consist of scaled plat maps, unit-location diagrams, and curve-data tables that cannot be reproduced faithfully as text. The legible surveyor's notes and legal description are transcribed below; the numeric curve-data tables and map geometry are illegible in the text extraction and are omitted (refer to the recorded instrument for the drawings).

Surveyor's Certification / Notes (Plat Page 1 of 5)

Prepared July 7, 2009. This map contains the information required by Texas Uniform Condominium Act Section 82.059.

Signed [sic] — ___ Registered Professional Land Surveyor No. 5166, dated 7-07-09.

UNITS 1 THROUGH 137 MUST BE BUILT

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.

Legend: Iron Pipe Found; Iron Rod Set with plastic cap imprinted with "Holt Carson, Inc."; Cotton Gin Spindle Set with plastic cap imprinted with "Holt Carson, Inc."; PK Nail Set in Concrete.

SCALE: 1" = 100'

GENERAL NOTES

  1. 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.

  2. Ownership and use of condominium units is subject to the rights and restrictions contained in the Declaration.

  3. 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(v) 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.

PAGE 1 of 5

362744-2 07/07/2009 — ATTACHMENT 1

Plat Page 2 of 5

PLAT OF THE VILLAGE AT LEDGE STONE CONDOMINIUMS — AMENDED

SCALE: 1" = 100'

Legend: Iron Rod Found; Iron Pipe Found; Iron Rod Set with plastic cap imprinted with "Holt Carson, Inc."; Cotton Gin Spindle Set with plastic cap imprinted with "Holt Carson, Inc."; PK Nail Set in Concrete.

General Common Element: Subject to the Development Right of Withdrawal.

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.

HOLT CARSON, INC. — 1904 FORTVIEW ROAD, AUSTIN, TX 78704 — (512) 442-0990

PAGE 2 of 5

362744-2 07/07/2009 — ATTACHMENT 1

Plat Page 3 of 5

PLAT OF THE VILLAGE AT LEDGE STONE CONDOMINIUMS — AMENDED

[Curve data tables and numbered courses for Pages 1 and 2 — numeric survey geometry, illegible in text extraction; see recorded instrument.]

PAGE 3 of 5

362744-2 07/07/2009 — ATTACHMENT 1

Plat Page 4 of 5

PLAT OF THE VILLAGE AT LEDGE STONE CONDOMINIUMS — AMENDED

SCALE: 1" = 100'

Legend: Iron Rod Found with plastic cap imprinted with "Holt Carson, Inc."; Iron Rod Set with plastic cap imprinted with "Holt Carson, Inc."; PK Nail Set; Cotton Spindle Set; Punch Hole Set; Chiseled "X" Mark Set.

A PORTION OF LOT 1, BLOCK D, BUSH RANCH PHASE 1 REVISED — Volume 14 Page 54, Hays County Plat Records.

[Unit-location diagram showing units including Unit 104, Unit 28, Unit 99, etc. — map geometry illegible in text extraction; see recorded instrument.]

362744-2 07/07/2009 — ATTACHMENT 1

Plat Page 5 of 5

PLAT OF THE VILLAGE AT LEDGE STONE CONDOMINIUMS — AMENDED

A PORTION OF LOT 1, BLOCK D, BUSH RANCH PHASE 1 REVISED — Volume 14 Page 54, Hays County Plat Records.

[Curve tables and numbered courses for Page 4 — numeric survey geometry, illegible in text extraction; see recorded instrument.]

Page 5 of 5

362744-2 07/07/2009 — ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 2 TO THE DECLARATION OF CONDOMINIUM REGIME

COMMON INTEREST ALLOCATION

The Percentage of Common Element Ownership and Share of Common Expenses for each Unit is 1/137. Each Unit is allocated one (1) vote.

362744-2 07/07/2009 — ATTACHMENT 2

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