HICKORY HILLS PROPERTY OWNERS IMPROVEMENT ASSOCIATION

(HHPOIA) DEED RESTRICTIONS, SECTIONS 1-5

THE STATE OF TEXAS >

> RESTRICTIONS FOR HICKORY HILLS SUBDIVISION, SECTIONS 1-5COUNTY OF VAN ZANDT >

KNOW ALL MEN BY THESE PRESENTS:

This Amended and Restated Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made and entered as of the8th day of July, 2016 by Hickory Hills Property Owners Improvement Association hereinafter called "Association." The members of theAssociation have duly approved the amended provisions hereof in an election whose votes were counted on May 21,2016. The Association Board of Directors then approved this document on July 7,2016.

That, HickoryHills Property Owners Improvement Association, a Texas corporation, acting herein by and through its duly authorizedofficers, herein after called "Association," of that certain tract of land out of the D. Spencer Survey, Abstract No. 824, the A. RodnquezSurvey, Abstract No. 733 and the J. C. Humphries Survey, Abstract No. 397, Van Zandt County, Texas, as shown on subdivision Platentitled HickoryHills Subdivision Sections 1-5, recorded in Glide 195A, Glide 1S6A, Glide 196B, Glide 197B, Glide 199A and Glide199B of the Plat Records of Van Zandt County, Texas, do hereby impress all of the property included in such subdivision with thefollowing restrictions:

1. PERMANENT RESIDENTIAL LOTS AND/OR TEMPORARY SINGLE FAMILY CAMPING LOTS

1.1 All lots shall be known and described as lots for single family residential and/or singlefamily camping purposes only. Said lots shall not be used for business or commercial purposes.1.2 Homeowner may use an adjacent lot owned by said homeowner for residential purposesincluding garage, driveway, parking area, septic system, water well, the parking or storage of arecreational vehicle and other buildings, structures or other improvements customarily related to aresidence.

2. BUILDINGS, CAMPING VEHICLES AND OTHER STRUCTURES

2.1 Subject to the limitations and other provisions of these Restrictions, the following may be used forresidential or camping purposes.

A. Mobile Homes (manufactured homes)B. Conventional site-built residences

C. Mobile campers (travel trailers)D. Portable campers (modular structures)E. Motor homes

F. Tents

G. Storage structures as approved by the Architectural Control Committee

3. ARCHITECTURAL CONTROL

3.1 No construction of any building, fence or other permanent structure of any kind may be begun onany lot until two copies of the building plans and specifications, including specifications of all exteriormaterial and roofing material, including color of paint or stain, and plot plan showing the proposedlocation of said improvements, have been submitted to and approved in writing by the ArchitecturalControl Committee (ACC). When such building plans and specifications are approved, such building,fence or other permanent structure may then be erected in accordance with such plans andspecifications and these restrictions.3.2 In case of the resignation, death or inability to act of any ACC member, the remaining membersmay designate an alternate member. The ACC may from time to time appoint one or morerepresentatives to perform its function in the subdivision.

3.3 The purpose of the ACC is to provide compliance with these restrictions; to maintain proper use ofthe lots; to preserve so far as practicable the natural beauty of the property; to insure against theerection or placing of buildings, double wide mobile homes and/or other stationary or movablestructures built of improper or unsuitable materials and to obtain harmonious architectural schemes. Inthe event the ACCfails to approve or disapprove any item submitted to itwithin thirty (30) days after thereceipt of the required application, approval will not be required and the related covenants set outherein shall be deemed to have been fully satisfied.3.4 Neither the Architectural Control Committee, nor the members of said Committee, nor the Officersof Hickory Hills Property Owners Improvement Association shall have any liability nor responsibility atlaw or in equity on account of the enforcement of, nor on account of the failure to enforce, theserestrictions.

4. MINIMUM CAMPER AND/OR STRUCTURE REQUIREMENTS

4.1 The following are mandatory requirements to be used by the ACC in its approval of design,appearance and condition of camper and/or structure facilities:

A. Mobile Campers (Travel Trailer) - The unit must be of professional construction and ingood repair and of an attractive design and appearance.B. Portable Campers (ModularStructure) - The unit must be of commercial quality, in goodrepair and of an attractive design and appearance. Portable or skid campers shall contain notless than four hundred (400) nor more than six hundred (600) square feet of floor space in theenclosed living area, exclusive of open or screened porches or breezeways. It is especiallyprovided that all exterior walls except redwood and cedar must be painted or stained or if notpainted then constructed of an approved commercial exterior material other than metal. Arecent photograph of the unit shall be submitted with the application for approval referred to inthe restrictions.

C. Motor Homes - The unit must be of professional construction and in good repair and of anattractive design and appearance. A recent photograph of the unit shall be submitted with theapplication for approval referred to in the restrictions.D. Mobile Homes (Manufactured Home) - The unit must be of professional construction and ingood repair and of an attractive design and appearance. Mobile homes shall be of minimumsize of twelve (12) feet by forty (40) feet. A recent photograph of the unit shall be submittedwith the application for approval referred to in the restrictions. Each mobile home, within sixty(60) days, must be tied down and fully enclosed around the bottom in a manner and withmaterials approved by the ACC.E. Conventional Built Residences - Each conventional built residence shall contain not lessthan six hundred (600) square feet of floor space in the enclosed living area, exclusiveof openor screened porches, breezeways or garage. Exterior walls shall be constructed of masonry,wood or other commercial siding approved by the ACC. The exterior walls, except redwoodand cedar, shall be painted if and as required by the ACC. Plans of such conventional builtresidence must be submitted prior to beginning of construction as set out under Restriction #3(ACC) hereinabove.F. Tents - Tents shall be of professional construction and in good repair and of an attractivedesign and appearance. Texts can be used for temporary camping only and cannot be left setup on the lot unattended for more than twenty-four (24) hours at any one time.G. Storage Buildings - The unit may not exceed one hundred (100) square feet and must beof commercialquality and in good repair and of an attractive design and appearance. Allexterior walls, except redwood and cedar, must be painted or stained, or ifnot painted thenconstructed of an approved commercial exterior material other than metal. A recentphotograph of the unit shall be submitted with the application for approval referred to in therestrictions. Storage buildings are to be used for storage only. No living accommodations areto be maintained in these one hundred (100) square feet or less buildings.

4.2 The above are the only camper and/or structure facilities permitted. Specifically, no schoolbusses converted to recreational vehicles are permitted in the subdivision. Pickup truck type campersare not permitted to be used as camping units separate and apart from the associated pickup.

5. REMOVAL OF NON-CONFORMING CAMPERS OR STRUCTURES

5.1 In the event of default onthe part ofthe owner or occupant of any lot in observing therequirements ofthese restrictions and/or therequirements oftheACC, and with such default continuingafter ten (10) dayswritten notice thereof, the Architectural Control Committee, oritsassigns shall,without liability to the owner oroccupant in trespass, damagesorotherwise, enter upon said lot andremove camper, mobile home orother structure in default. The owner oroccupant, as the case maybe, agrees by the purchase or occupation ofthe property to pay the cost of such removal and anystorage fees immediately upon the receipt ofa statement thereof. The mailing often (10) days writtennotice to the address shown onowner's Contract ofSale shall be deemed to be full compliance bytheAssociation of its duty to notify in writing set out hereinabove.

6. FENCES

6.1 Fences, subject to the approval of the ACC, shall be permitted to extend to the side and back lotlines and to no less than five (5) feet of the front lot lines but without impairment of the easementsreserved and granted in these restrictions or shown on the play of said subdivision.

7. LOCATION OF IMPROVEMENTS ON LOT AND COMPOSITE SITE

7.1 No building, mobile home, camper or structure other than a fence shall be located nearer to theside street linethan five (5) feet or nearer to the side lot linethan five (5) feet or nearer to the rear lotline than five (5) feet. "Side lot line" and"rear lot line," respectively, as used in this paragraph, inrespect to any two or more contiguous whole and/or fractional lots owned by the same person orpersons, including purchasers undera Contract for Deed, and used as a single building site, shallthereafter mean, respectively, each and/or either of the two outermost side lot lines and the rear lotlines furthest from the front lot line considering said contiguous whole and/or fractional lots as one lot.No other use may be madeof any lot orfractional lot to the extent it has been grouped to alter theseminimum setback requirements. No building, mobile home, camper or structure other than a fenceshall be located nearer to the front lot line that ten (10) feet.

8. UTILITY AND DRAINAGE EASEMENTS

8.1 There is hereby reserved the utility easementsand drainage easements as described on said platof said subdivision and along and within five (5) feet ofthe side lot lines and along and within ten (10)feet of the rear lines of all lots hereunder, and an easement along andwithin ten (10 feet of the streetlines of all lots hereunder, and along and within twenty (20) feet al all lot linescontiguous with CallenderLake, and an easementover all streets for the purpose of installing, using, repairing and maintainingpublic utilities, water sanitary and storm lines, sewerlines, electric lighting and telephone poles, pipelines and drainage ditches orstructures and/or any equipment necessary for the performance of anypublic orquasi-public service and function and for all other purposes incident to the development anduse of said property as a community unit, with the right of access thereto for the purpose of furtherconstruction, maintenance and repairs. Such right of access to include the right, without liability onthepart of any one or all of the owners or operators of such utilities, to remove any or all obstructions onsaid easement right-of-way, caused by trees, brush, fences, shrubs, or other obstructions which in theiropinion may cause interference with the installation or operation of their facilities. There are alsoreserved drainage easements over all natural drainage channels. Such easements shall be for the

general benefit of the Subdivision and the property thereof, and are hereby reserved and created infavor of anyand all utility companies entering into and upon said property for the purpose aforesaid,subject to the limitations as to water service hereinafter set forth. There is also reserved for the use ofall public utility companies an unobstructed aerial easement five (5) feet on either side of the saideasements reserved hereby and all easements shown on the recorded plat hereoffrom a plane fifteen(15) feet above the ground and upward.

9. EASEMENTS AND LOT USES

9.1 The Association reserves unto itself and its assigns, the exclusive right at all times to use any andall areas reserved or dedicated as a public utility easement, drainage easement or street, for thepurpose of laying, placing orconstructing, installing, maintaining orrepairing of all kinds and types ofwater lines, waste water disposal lines, mains or pipes as well as other equipment necessary orincidental to the operation and maintenance of waterservice and/or supply system, and "itsappurtenances, to service, furnish orsupply this subdivision with waterand waste water disposal.Also, theAssociation and its designees and/or "its assigns may, onany lot and/or lots then owned bythe Association, construct, maintain, use and allow to be used by others, parks, swimming pools,playgrounds, streets, bath houses, rest rooms, community center buildings, offices, signs, waterwellsand related pumping, storage, operation and maintenance facilities, water and sewer lines and wastewater treatment and disposal facilities.

10. SEWAGE DISPOSAL

10.1 AH lots hereunder are subjectto all of the terms and conditions of the Department ofWaterResources.

10.2 No outside toilet or privy shall be erected or maintained on any lot hereunder, nor shall anysewage be disposed of upon, in or under any lot hereunder, except into a septic system installed andoperated pursuant to the Texas Department ofWater Resources (Health Department) standards forprivate sewage facilities and local standards.10.3 All plumbing, lateral lines and holding tanks installed for the disposal of sewage on any lothereunder shall conform with the requirements and guidelines set out by Chapter366 of the TexasHealth and Safety Code, the Health Department of the State of Texas, the Texas Department ofWaterSources, and the local health authorities (if applicable).10.4 Such septicsystem will be required for any permanent orsemi-permanent facility, exceptnonresidential, installed on any lot hereunder.10.5 At suchtimeas an organized sewage disposal system for the collection, treatment and disposalof sewage becomes available, sewage disposal will be by means of said system only and nopermanentor semi-permanent facility, except non-residential, shall be erected, placed or maintained onany lot hereunder.10.6 Within ninety (90) days of being notified of the availability of an organized sewage disposalsystem, all existing permanent or semi-permanent facilities, except nonresidential, must be connectedto saidsystem. Self-contained sanitation systems may be used by temporary campers, provided eachmeets the State of Texas environmental and pollution regulations and is constructed to be gas and odortight. All self-contained sanitation systems (permanently installed in a mobile camper or motor homewith holding tanks, or self-contained portable units) must be evacuated when needed and maintained ina sanitary condition without odor. Self-contained systems may be emptied in a designated dumpstation only.10.7 The dumping, emptying orevacuation of sewage orwaste water onto the ground or into anyditchor drainage facility within the Subdivision is strictly prohibited. In addition, such action is a violation ofChapter 26 of the Texas Water Code and of the Teas Water Quality Board Order No. 71-0114-1 and issubject to civil and criminal penalties. The Association will vigorously assist in the prosecution of anyperson or persons engaged in such action.

11. TRASH AND PITS

11.1 No pits, holes orother excavation shall be dug on any lot in the Subdivision except in connectionwith the actual construction of the foundation of the improvements to be erected thereon. No lot shallbe used or maintained as a dumping ground for rubbish. Trash, garbageorotherwaste shall not bekept except in sanitary containers.

12. PROHIBITION OF OFFENSIVE ACTIVITIES

12.1 No noxious, offensive or unlawful activity shall be carried on upon any lot, nor shall anything bedone thereonwhich may be or become an annoyance or nuisanceto the neighborhood.12.2 No motorvehicle may be operated within the Subdivision except on:

A. The streets within the Subdivision as shown on the recorded platthereof.

B. The paved and designated parking areas at the recreation areas.12.3 No dirt bikes, trail bikes, enduros orother off-road motor bikes of any kind maybe operatedwithin the Subdivision under any circumstances. Motor bikes which are equipped so as to be legal foroperation on public streets may be operatedwithin the Subdivision, but onlywithin those areas set outunder Sub-Paragraphs A and B herein immediately above.

13. LOT NOT USED AS STREET

13.1 No lot, orany part of a lot, shall be used for a street, access road orpublic thoroughfare withoutthe prior written consent of the Association.

14. LOT MAINTENANCE

14.1 The owners or occupants of all lots shall at all times keep all weeds and grass thereon cut in asanftary, healthful and attractive mannerand shall in no event use any lot for storageof materials andequipment except for normal residential and/or camping requirements or incident to construction ofimprovements thereon as herein permitted or permit the accumulation of garbage, trash or rubbish ofany kind thereon, and shall not burn anything without a Burn Permit from the appropriate authority.Refrigerators and other large appliances shall not be place out of doors. In the event of default on thepartof the owner or occupant of any lot in observing the above requirements and with such defaultcontinuing after ten (10) days written notice thereof, theAssociation or ACC may, without liability, enterupon said lot and cause to be cut such weeds and grass and remove or cause to be removed suchgarbage, trash, rubbish or do any other thing necessary to secure compliance withthese restrictions soas to place said lot in a neat, attractive, healthful and sanitary condition and may charge the owner oroccupant of such lot for the costof such work. The owner oroccupant, as the case may be, agrees bythe purchase oroccupation of the property to paysuch statement immediately upon receipt thereof.The mailing often (10) days written notice to the address shown on Owner's Contract of Sale shall bedeemed to be full compliance by the Association of this requirement of notice.

15. SIGNBOARDS

15.1 No billboards, sign boards, unsightly objects oradvertising displays of any kind shall be installed,maintained or permitted to remain on any lot of the subdivision.15.2 Property owners may display on the owner's property signs advertising a political candidate orballot item for an election.

A. Signs may be displayed on or after the 90th day before the date of the election to which thesign relates, and must be taken down before the 10th day after that election date.B. Sign may not be largerthan four feet by six feet.

C. Sign may not violate a law or contain language, graphics, or any display that would beoffensive to the ordinary person.D. Sign may not be accompanied by music or other sounds.

15.3 The Association or ACC may remove a sign or object displayed in violation of this restriction.

16. ANIMAL HUSBANDRY

16.1 No animals, other than dogs and cats which are household pets, shall be kept on any lot.16.2 All animals must be vaccinated following the guidelines set forth by Chapter 826 of the TexasHealth and Safety Code and the owner must provide documentation upon request by the Association.

17. HUNTING AND FIRE ARMS

17.1 No hunting or discharging of fire arms of any kind, including BB guns and pellet guns, shall bepermitted on any lot or within any part of the subdivision at any time.

18. WATER WELLS

18.1 Homeowners may drill a water well on their property for landscaping use only following theguidelines as set forth by the Texas Commission on Environmental Quality and the Texas Commissionof Licensing and Regulation.18.2 No water well shall be drilled upon any lot by the owners thereof so long thereafter as water fordomestic uses shall otherwise be available to the owners of said lots; but nothing herein contained shallbe construed as prohibiting the Association, its assigns or nominees, from drilling wells on the reservedarea or any lot of said Subdivision for the purpose of supplying water to the owners of any property insaid Subdivision or in any addition thereto.

19. PRIVATE STREETS

19.1 All of the roads and streets within the Subdivision are private, will remain private, and will bemaintained from the Maintenance Assessments provided for herein. Additionally, the County of VanZandt will never be requested by the Association, or any of the property owners individually to acceptthe roads and streets for maintenance.

20. DEFINITIONS

20.1 The following terms are defined as:A. "Association" shall mean and refer to Hickory Hills Property Owners ImprovementAssociation, its successors and assigns. The Association has the power to collect anddisburse those maintenance assessments as described in Deed Restrictions 21, 22 and 23.B. "Owner" shall mean and refer to the owner, whether one or more persons or entities of a feesimple title to any lot which is a part of the properties including contract sellers but excludingthose having such interests merely as security for the performance of an obligation.C. "Properties" shall mean and refer to that certain real property hereinabove described asbeing affected by these deed restrictions and such additions thereto as may hereafter bebrought within the jurisdiction of the Association.D. "Common Area" shall mean all real property, if any, for the common use and enjoyment ofthe owners.

E. "Lof shall mean and refer to any plot of land shown upon any recorded subdivision map ofthe properties with the exception of the common areas and all reserves.

21. MAINTENANCE ASSESSMENTS

21.1 The Association imposes on each lot owned within the properties and hereby covenants andeach owner of any lot by acceptance ofa deed thereof whether or not it shall be so expressed in suchdeed is deemed to covenant and agree to pay to the Association the following: annual assessments orcharges to beestablished and collected as hereinafter provided. The annual assessments, togetherwith interest, costs and reasonable attorney's fees arising because ofdelinquent payments shall be acharge on the land and shall be a continuing lien upon the property against which each suchassessment is made. Each such assessment, together with interest, costs and reasonable attorney'sfees, shall also bethe personal obligation of the person who was the owner of such lot. Appropriaterecitations in the deed conveying each lot will evidence the retention ofa vendor's lien by theAssociation for the purpose of securing payment of said charge assigned to the Association withoutrecourse on the Association in any manner for the payment of said charge and indebtedness.

22. PURPOSE OF ASSESSMENTS

22.1 The assessments levied by theAssociation shall be used exclusively to promote the recreation,health, safety and welfare ofthe residents in the properties and for the improvement and maintenanceof the streets and common areas.

23. MAXIMUM ASSESSMENTS

23.1 As ofJanuary 1, 2016, the maximum quarterly assessment shall be Seventy-seven and 18/100dollars ($77.18) per lot, for each owner who owns only one lot. For each owner who owns more thanone lot, the maximum quarterly assessment shall be Seventy-seven and 18/100 dollars ($77.18) per lotfor the first lot and Twenty-two and 53/100 dollars ($22.53) per lot for each additional lot.23.2 From and after January 1 ofthe above mentioned yearthe maximum annual assessment may beincreased each year not more than ten percent (10%) above the maximum assessment for the previousyear without a vote of the membership This increase may be cumulative.23.3 The Board of Directors of the Hickory Hills Property Owners ImprovementAssociation shall fixthe annual assessment at an amount not in excess ofthe maximum allowable for any one year.

24. OWNER'S EASEMENT OF ENJOYMENT

24.1 Every owner shall have a right and easement of enjoyment in and to the common areas whichshall be appurtenant to and shall pass with the title to every lotsubject to the following provisions.

A. The right of the Association to charge reasonable admission and other fees for the use ofany recreational facility situated upon the common area.B. The right ofthe Association to suspend the right to use ofthe recreational facilities by anowner for any period during which any assessment against his lot remains unpaid; and for aperiod not to exceed sixty (60) days foreach infraction of its published rules and regulations.C. The right ofthe Association to dedicate ortransfer all ofany partofthe common area to anypublic agency, authority or utility for such purposes and subject to such conditions as may beagreed to by the members. No such dedication or transfer shall be effective unless aninstrument signed by two-thirds (2/3) of the members agreeing to such dedication or transferhas been recorded.

D. The right of the Association, to collect and disburse those funds as set forth in DeedRestriction 23.

24.2 Restricting access to dams:A. The CallenderLakedam shall not be open to access by any person except for the purposeof maintenance. No person may fish, picnic, hike or operate any type of vehicle on this dam.

B. Vehicles on the Hickory Hills Lake dam are only permitted ifthey remain on the paved roadsurface, except for the purpose of maintenance. No vehicle may be parked on this dam,except on the paved road surface. Allother pedestrian activities on this dam are allowed.

25. DELEGATION OF USE

25.1 Any ownermay delegate in accordance with the by-laws his right of enjoyment to the commonarea and facilities to the members of his family, his tenants or contract purchasers who reside on theproperty.

26. MEMBERSHIP AND VOTING RIGHTS

26.1 Every owner of a lot shall be a memberof the Association. Memberships shall be appurtenantto and may not be separated from ownership of any lot.26.2 Members shall be entitled to one vote for each lot owned. When more than one person holds aninterest in any lot, all such persons shall bemembers. The vote on such lot shall beexercised astheyamong themselves determine, but in no event shall more than one vote be cast with respectto a lot.26.3 The affairs of the Association shall be managed and governed by a board of directors. Theaffairs of the Association shall be managed and governed in accordance with the by-laws of theAssociation. Directors of the Association shall be elected by the Association membership inaccordance with the by-laws.26.4 The judgment of the Board of Directors in the management of the affairs of the Association shallbe final and without liability to the board so long as such judgment is in good faith.

27. COMMENCEMENT OF ASSESSMENT

27.1 Each lot shall commence to bear their applicable maintenance fund assessment from the earlierofthree (3) months following thedate ofcontract for deed from seller to a purchaser or ofthree (3)months following the date of conveyance by seller as Grantor. Each assessment due against a lotshall be fully due and payable on the first day of each calendarquartertowards which such assessmentapplies. Said assessment shall be payable to the Association at such place from time to time as theAssociation shall elect. Lots owned by Association are exempt from assessment. For lots owned byAssociation which have been reacquired after sale by repossession, judicial or non-judicial foreclosure,cancellation of sales contracts, or by any other means, neither the lot nor the Association shall be liablefor unpaid assessments before the time of repossession. Additionally, after said lot is repossessedand is being held by Association for resale or any other purpose said assessments as of the date ofrepossession, cancellation orother conveyance to Association shall cease to run against said lot orlotsand against Association until such time as assessments would commence against said lot as describedabove. The rate of assessment for an individual lot, within a calendar year, can change as thecharacter ofownership changes. The applicable assessment for such a lot shall be prorated accordingto the rate required of each type of ownership.

28. EFFECT OF NON-PAYMENT OF ASSESSMENTS

28.1 Remedies of the Association:

A. Any assessment not paid within thirty (30) days after the due date shall bearinterest, at theAssociation's option, from the due date at the rate of twelve (12) percent perannum.B. The Association maybring an action at law against the owner personally obliged to pay thesame or foreclose the lien against the property.C. No ownermay waive norotherwise escape liability for the assessments provided for hereinby non-use of the common area or abandonment of their lot.

29. SUBORDINATION OF LIEN

29.1 The lien of the assessment provided for herein shall be secondary and inferior to any firstmortgage. The sale ortransferof any lot shall not affect the assessment lien save and except that anysale to Association or its assigns by reason of foreclosure by judicial process or public sale, bycancellation of contract for sale or by any otherconveyance, shall operate to extinguish and cut off anyassessment lien as to the lot and Association for both past and future assessments until sale asprovided herein. The sale or transfer of any lot pursuantto mortgage foreclosure or any proceeding inlieu thereof shall extinguish the lien of such assessments as payments which become due prior to suchsale or transfer. No sale or transfer shall relieve such lot from liability of any assessments thereafterbecoming due or from the lien thereof save and except if such sale or transfer be made to Associationas defined above.

30. ENFORCEMENT

30.1 The Association or any owner shall have the right to enforce by any proceeding at law or inequity all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposedby the provisions of those deed restrictions. Failure by the Associationor by any ownerto enforce anycovenant or restrictions herein shall in no event be deemed a waiver of the right to do so thereafter.30.2 Before the Association may suspend an owner's right to use a common area, file a suit againstan owner other than a suit to collect a regular or special assessment or foreclose under anassociation's lien, charge an owner for property damage, or levy a fine for a violation of the DeedRestrictions or By-Laws or rules of the association, the association or its agent must give written noticeto the owner by certified mail, return receipt requested.

A. The notice must:

1. Describe the violation or property damage that is the basis forthe suspension action,charge, or fine and state any amount due the association from the owner;2. Inform the owner that the owner:

a. is entitled to a reasonable period to cure the violation and avoid the fine orsuspension unless the ownerwas given notice and a reasonable opportunity tocure a similar violation within the preceding six months;b. may request a hearing on or before the 30th day after the date the ownerreceives the notice;

B. The property owner may have special rights or relief related to the enforcement action if theowner is serving on active militaryduty as provided by Texas Property Code 209.006.

31. SEVERABILITY

31.1 Invalidation of any one of these covenants or restrictions by judgment or court order shall in nowise affect any other provision which shall remain in full force and effect.

32. AMENDMENT TO THE ABOVE DEED RESTRICTIONS

32.1 The covenants and restrictions of this declaration shall run with and bind the land for a term offorty (40) years from the date this declaration is recorded afterwhich time they shall be automaticallyextended for successive periods of ten (10) years, unless a simple majority of the then owners elect toannul the restrictions.

32.2 Conforming to state law:A. Current state law:

1. The Hickory Hills Property Owners Improvement Association deed restrictions areamended to incorporate current state law affecting HOA subdivisions.

2. The HHPOIA will modify the existing deed restrictions to reflect these current statelaws.

3. The amended deed restriction will be distributed to every property ownerB. Future state law:

1. The Hickory Hills Property Owners Improvement Association deed restrictions will beautomatically amended to reflect any new state law affecting HOA subdivisions.2. The HHPOIA deed restrictions will be automatically amended to reflect any currentstate law affecting HOA subdivisions that is repealed.3. The HHPOIA will modify the deed restrictions to reflect future changes in state lawaffecting HOA subdivisions. The amended deed restrictions will be distributed to everyproperty owner.

32.3 Eliminating references to Developer:A. The Hickory Hills Property Owners Improvement Association deed restrictions are amendedto eliminate reference to Developer (Projects American) and replace with Hickory Hills PropertyOwners Association wherever appropriate.B. Any reference to the Developer or their authority that is now obsolete, inaccurate orinappropriate will be eliminated and replaced with correct information wherever appropriate.

32.4 Procedure for amending deed restrictions:A. These restrictions may be amended only by a vote of sixty-seven percent (67%) of the validballots cast by property owners of the HHPOIA.B. The Association By-Laws may not be amended to conflict with these Deed Restrictions.

33. SOLAR ENERGY DEVICES

33.1 Property owner may install solar energy devices, as defined by Section 171.107 of the Texas TaxCode, on their property.33.2 Solar panels may be installed on the roof of a home or any other structure described in DeedRestrictions 4D, 4E and 4G.33.3 If not installed on a roof, the solar energy device must be located in a fenced yard or patio.33.4 A permit from the Architectural Control Committee is required before installation of solar energydevice may begin.33.5 Property owner is responsible for the proper installation and maintenance of the solar energydevice.

34. TYPES OF ROOF SHINGLES

34.1 Property owner may install shingles on the roof of the owner's property that are designedprimarily to:

A. Be wind and hail resistant.

B. Provide heating and cooling efficiencies greater than those provided by customarycomposite shingles.C. Provide solar generation capabilities.

35. SOIL AND WATER CONSERVATION

35.1 Property owner may install:A. A composting devise on the owner's property to promote solid-waste composting ofvegetation, including grass clippings, leaves or brush.B. Rain barrels or a rainwater harvesting system (cistern) on the owner's property.C. Efficient irrigation systems, including in-ground sprinkler system, underground drip or otherdrip system.D. Drought resistant landscaping or water conserving natural turf.E. Artificial turf.

35.2 Property owners may use gravel, rock or cacti for landscaping purposes.10

36. DISPLAY OF FLAGS

36.1 Property owner may display on their own property:A. The flag of the United States of America.B. The flag of the State of Texas.C. An official or replica flag of any branch of the United States armed forces.

36.2 The flag of the United States should be displayed in accordance with U. S. Code, Title 4,Sections 5-10.

36.3 The flag of the State of Texas should be displayed in accordance with Texas Government Code,Chapter 3100.36.4 Flagpoles should not be more than 20 feet in height and may not be installed in any easement orsetback.

36.5 A displayed flag and the flagpole on which it is flown must be maintained in good condition andany deteriorated flag or deteriorated or structurally unsafe flagpole must be repaired, replaced orremoved.36.6 If lights are used to illuminate a displayed flag, the lights must not be an annoyance to any otherproperty owner.36.7 A permit from the Architectural Control Committee is required before the installation of anyflagpole may begin.

37. STANDBY ELECTRIC GENERATOR

37.1 Property owner may install a standby electric generator on the owner's property.37.2 A standby electric generator is a device that:

A. Converts mechanical energy to electrical energy.B. Is powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen.C. Is fully enclosed in an integral manufacturer supplied sound attenuating enclosure.D. Is connected to the main electrical panel of a residence by a manual or automatic transferswitch.

E. Is rated for a generating capacity of not less than seven (7) kilowatts.37.3 If not installed inside a fenced yard, the property owner must screen the generator to restrictaccess.

37.4 Property owner is prohibited from using the standby electric generator to generate all orsubstantially all of the electrical power to a residence, except when utility-generated electrical power tothe residence is not available or is intermittent due to causes other than nonpayment for utility serviceto the residence.

37.5 A permit from the Architectural Control Committee is required before the installation of a standbyelectrical generator may begin.37.6 Property owner is responsible for the proper installation and maintenance of the standbyelectrical generator.

11

CERTIFICATION

IN WITNESS WHEREOF, the undersigned, being the President of Hickory HillsProperty Owners Improvement Association herein, has hereunto set its hand onthis 9ft day of July, 2016.

HICKORY HILLS PROPERTY OWNERS IMPROVEMENT ASSOCIATION, a TexasCorporation

By: fkbWJtfllJ^Robert Holt, President 1

STATE OF TEXAS

COUNTY OF VAN ZANDT

This instrument was acknowledged before me on the

Robert Holt, President of HICKORY HILLS PROPERTY OWNERS IMPROVEMENT

ASSOCIATION, a Texas Corporation, in the capacity therein stated, on behalf ofsaid Corporation.

IRMA HAYESNotary Public

STATE OF TEXASID#12607972-2

MyComm. Exp" April 16,2019

My Commission Expires:

Notary Public

gr*day of July, 2016, by

LHtrll Hccbry Hilte PtfiA

MvLtchiepni TX I5ij^