DEED RESTRICTIONS BY SECTION

Amended 12/28/95, Volume 1465, Page 122, et seq.

AMENDED AND RESTATED RESTRICTIONS, COVENANTS AND CONDITIONS
APPLICABLE TO SHADOWOOD LAKE ESTATES 

SECTION I

THE STATE OF TEXAS  * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRISON  *

  WHEREAS, on October 23, 1969, Restrictions, Covenants and Conditions were filed for Section I of Shadowood Lake Estates Subdivision in Volume 677, Page 6, et seq., of the Deed Records of Harrison County, Texas; and

 WHEREAS, Paragraph 16 provided that the restrictions, covenants and conditions would be binding for a period of twenty-five (25) years, after which time the Restrictions, Covenants and Conditions would be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the lot owners has been recorded agreeing to change said Restrictions, Covenants and Conditions in whole or in part; and

 WHEREAS, a majority of the owners of the lots in Shadowood Lake Estates Section I have signed either these Amended and Restated Restrictions, Covenants and Conditions or a separate document in which they have consented to the Amended and Restated Restrictions, Covenants and Conditions dated to be effective October 23, 1994.

 NOW THEREFORE, a majority of the owners of the property shown on the plat of Shadowood Lake Estates Section I Subdivision of Harrison County, Texas, does hereby amend and restate the restrictions against the property to impress each of the specifically numbered lots designated on the plat of such subdivision with the following restrictions, covenants, and conditions for the purpose of carrying out a general plan of development and maintenance of the subject premises:

That the undersigned, being a majority of the owners of the property shown on the plat of Shadowood Lake Estates Section No. I, Subdivision of Harrison County, Texas, do hereby amend and restate the Restrictions against the property to impress each of the specifically numbered lots designated on said plat  (as distinguished from such land, if any, within the limits of such subdivision which is not specifically platted and numbered as lots) with the following restrictions, covenants and conditions for the purpose of carrying out a general plan of development and maintenance of the subject premises:

1. No lot shall be used for other than residential purposes and no soil or trees shall be removed for any commercial use.  Removal or cutting of trees shall be limited to the extent necessary for clearing the foundation site for a construction or to the extent reasonably calculated to improve the appearance of the lot by landscape gardening.  Any clearing allowed hereunder must be completed within sixty (60) business days of commencement.
2. No building shall be erected on any lot other than a one-family dwelling with garage.  The floor area of the main structure, exclusive of porches, garage, storage rooms and basement, shall not be less than one thousand six hundred (1,600) square feet.  All detached storage buildings shall not exceed three hundred fifty (350) square feet in size.  All boat houses on Shadowood Lake shall have a minimum interior height of eight (8’) feet.  All construction of residences or other buildings must be stick built and shall not be prefabricated, modular or mobile homes of any type.
3. No building or structure of any kind shall be located on any lot nearer than five feet (5’) to ether side property line and the minimum set back of all buildings, fences or structures from the front property line shall be forty feet (40’).  No structures exceeding fifty (50) square feet, other than a boat house or pier, shall be located nearer than fifty feet (50’) from normal lake level as defined in paragraph six (6).
4. No structure of a temporary character, trailer, basement, tent, shack, garage, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.  Any garage shall be constructed at the same time or subsequent to the construction of the house it is intended to serve.  All improvements shall be completed within six (6) months from the beginning of construction.  No outhouses shall be permitted on any part of the property; all lavatories, toilets and bath facilities shall be installed indoors and shall be connected to comply with the specifications of State and local health authorities and no “outside” or surface toilet shall be permitted under any circumstances.  No septic tank or field line shall be installed within fifty feet (50’) of any lake, stream or pond unless written permission is obtained otherwise from Shadowood Lake Estates, Inc., it successors or assigns.  Minimum requirements for the construction or installation of a one-family sanitation system is those required by the Harrison County Health Department, Texas Natural Resources Conservation Commission and/or any other regulatory or governmental agency.  All lavatories, toilets and bath facilities shall be completely installed and functioning before residence is occupied.
5. The pumping of water from any lake or pond is prohibit except by special permit in writing granted by Shadowood Lake Club, Inc., it successor or assigns.
6. All lake front lot property lines shall extend thirty feet (30’) into Shadowood Lake property, measured from the water’s edge at spillway level of the lake, so as to permit lake front lot owners ample area to construct piers and boat houses.  Plans and specifications for construction of such improvements must be approved and in writing by Shadowood Lake Club, Inc., its successors or assigns, prior to commencing construction and such approval shall not be arbitrarily withheld.
7. No animals, livestock or poultry of any kind shall be raised, bred, boarded or kept on any lot, excepting dogs, cats and other household pets.  All dogs, cats or other household pets shall be leashed or fenced.  Any dogs, cats or household pets which are not fenced or leashed shall be subject to being removed to the animal shelter.  Fires must be contained, enclosed and carefully supervised.  Use of firearms on the premises is prohibited.  The lot shall be kept clean and free of trash, garbage and debris at all times.  All advertising signs are prohibited except such signs as Shadowood Lake Club, Inc., it successors and assigns, deems necessary for the orderly development of the subdivision, and those placed on lots by the lot owners or their representatives for advertising the sale of that lot.
8. No building shall be erected on any lot until the plans, specifications and plat plan therefor have been approved in writing by Shadowood Lake Club, Inc., its successors or assigns.
9. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision in which said lot is located.
10. No sale, transfer, lease or other disposition of any lot in Shadowood Lake Estates Section No. I Subdivision shall be consummated unless and until the purchaser or transferee has made written  application for membership in Shadowood Lake Club, Inc., its successors or assigns, and hereinafter referred to in paragraph eleven (11).  This restriction shall not apply, however, to lending institutions who may bid said property at any foreclosure sale brought by them without regard to such membership restriction, nor shall it apply with respect to a transfer of such property pursuant to a duly probated will or by virtue of intestacy, pursuant to the Statues of the State of Texas.  However, in the event of a transfer of title by virtue of foreclosure, probate of will or intestate succession, Shadowood Lake Club, Inc., its successors or assigns, shall have an absolute right of first refusal to purchase said lot from any such transferee(s) in the event that they shall decide to sell, transfer or convey the same.
11. Upon acceptance of any application for membership in Shadowood Lake Club, Inc., the purchaser of a lot shall become a member of Shadowood Lake Club, Inc., a corporate enterprise, or is successors or assigns (hereinafter referred to as “Shadowood Lake Club”), for the purpose of providing the members with private recreation facilities in the area and to establish and maintain parks, lanes, roads, lakes and security protection for the common benefit of lot owners.  Said membership shall be conditioned upon observance of the rules and regulations established by said club for the benefit and general welfare of its members and for the official operation thereof.  Said membership shall also be conditioned upon payment, when due, of such fees, dues and charges as the club shall find necessary for the maintenance of the club facilities and services, including but not limited to, the maintenance of lanes, roads, parks and lakes and any other services and benefits which said club may provide for the benefit of lots, club facilities and members.  Any person renting property subject to these restrictions must pay dues, in addition to the dues paid by the lot owner, in order for said renter to utilize the club facilities, lake and services.  If the renter fails to pay such dues, the owner of the lot shall be responsible for the renter’s dues as well as the dues applicable to the owner of said lot and such unpaid dues of the renter and/or owner shall constitute a lien against the lot as in other fees, dues and charges.  If any lot owner fails to pay any dues or observe the rules or regulations of Shadowood Lake Club, then Shadowood Lake Club shall have the authority to terminate the lot owner’s rights to use the lake, common areas and facilities, but said lot owner shall be liable for non-member dues and may only use the roads for ingress and egress to the lot owned by said owner.  Shadowood Lake Club shall have the right to access fines against lot owners for the failure of the lot owner, the lot owner’s family, guests, invitees, renters or agents, to comply with the rules and regulations of Shadowood Lake Club or these restrictions.  Said fine shall constitute an additional assessment against the lot and shall be the basis for a lien as set forth under paragraph twelve (12).

By the acceptance and retention of title to any lot(s) in the Shadowood Lake Estates Section No. I Subdivision, each grantee, his/her heirs and assigns, who are or are to become members of Shadowood Lake Club, do hereby covenant and agree that the said Shadowood Lake Club, its successors and assigns, shall have a lien upon the subject lot(s), subordinate only to the liens for taxes and any duly recorded mortgage, to secure the payment of the aforementioned dues, fees and charges, including court costs and reasonable attorney’s fees occurred in connection with the collection of the same, it being agreed and understood that its covenant and agreement shall be in addition to and shall not be affected by such contracts, security agreements and  applications as such Grantees, their heirs or assigns may enter into with Shadowood Lake Club.

1. If title to any of the said lots shall be acquired by a party who has not been approved for membership in the Shadowood Lake Club referred to in paragraph eleven (11) hereof, or if any lot owner shall cease to be a member of the said club, then nevertheless, said lot owner, on behalf of himself/herself, his/her heirs or assigns, does hereby covenant and agree that he/she will bear and pay such portion of the specific expenses required and expended by Shadowood Lake Club, its successors and assigns solely for the maintenance of lanes, road, parks, lakes and furnishing of security protection that he/she would otherwise be required to pay if he/she were than in fact a member of such club.  Further, by the acceptance and retention of title to any lot(s), each grantee, on behalf of himself/herself, his/her heirs and assigns, does hereby covenant and agree that said Shadowood Lake Club, its successor and assigns, shall have a lien upon the subject lot(s) second only to liens for taxes and any duly recorded mortgage to secure the payment of the aforementioned expenses, including court costs and reasonable attorney’s fees incurred in connection of the collection of the same.
2. These restrictions, covenants and conditions may be enforced by the owner of any lot in said subdivision, or by Shadowood Lake Club, either by proceedings for injunction or to recover damages for breach thereof, or both.  However, only the said Shadowood Lake Club, heretofore referred to, its successors or assigns, may file suit to collect any of the charges and expenses mentioned in paragraph eleven (11) and twelve (12) of these said restrictions, covenants and conditions to enforce foreclosure of any lien therein granted, with said suit to be filed in any court of competent jurisdiction and with venue to be in Harrison County, Texas.
3. Prior to building, a lot owner must make application to Shadowood Lake Club, on form acceptable to Shadowood Lake Club, and pay a Two Hundred and No/100 dollars ($200.00) deposit to assure cleanup and observance of Shadowood Lake Club rules and regulations.  In addition, a lot owner must provide a portable toilet during construction.
4. These restrictions, covenants and conditions 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 of such restrictions, covenants and conditions being first impressed upon said property and subdivision, after which time said restrictions, covenants and condition shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the Shadowood Lake Club members in said subdivision has been recorded, agreeing to a change in said restrictions, covenants and conditions in whole or in part.

If any portion of these restrictions, covenants and conditions shall be declared invalid by judgment or court order, it shall not affect the validity of any other provision or portion thereof.

 WITNESS OUR HANDS this 28th day of December, 1995, to be effective as of October 23, 1994. ATTEST:  SHADOWOOD LAKE CLUB, INC.

By:  Mike Wiley, Secretary  Donal Moore, Vice President

Section II, Amended 12/28/95, Volume 1465, Page 151, et seq.

 AMENDED AND RESTATED RESTRICTIONS, COVENANTS AND CONDITIONS                APPLICABLE TO SHADOWOOD LAKE ESTATES SECTION II

THE STATE OF TEXAS  *  KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRISON  *

WHEREAS, on January 6, 1970, Restrictions, Covenants and Conditions were filed for Section II of Shadowood Lake Estates Subdivision in Volume 679, Page 51, et seq., of the Deed Records of Harrison County, Texas; and

 WHEREAS, Paragraph 16 provided that the restrictions, covenants and conditions would be binding for a period of twenty-five (25) years, after which time the Restrictions, Covenants and Conditions would be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the lot owners has been recorded agreeing to change said Restrictions, Covenants and Conditions in whole or in part; and

 WHEREAS, a majority of the owners of the lots in Shadowood Lake Estates Section II have signed either these Amended and Restated Restrictions, Covenants and Conditions or a separate document in which they have consented to the Amended and Restated Restrictions, Covenants and Conditions dated to be effective January 6, 1995.

 NOW THEREFORE, a majority of the owners of the property shown on the plat of Shadowood Lake Estates Section II Subdivision of Harrison County, Texas, does hereby amend and restate the restrictions against the property to impress each of the specifically numbered lots designated on the plat of such subdivision with the following restrictions, covenants, and conditions for the purpose of carrying out a general plan of development and maintenance of the subject premises:

That the undersigned, being a majority of the owners of the property shown on the plat of Shadowood Lake Estates Section No. II, Subdivision of Harrison County, Texas, do hereby amend and restate the Restrictions against the property to impress each of the specifically numbered lots designated on said plat  (as distinguished from such land, if any, within the limits of such subdivision which is not specifically platted and numbered as lots) with the following restrictions, covenants and conditions for the purpose of carrying out a general plan of development and maintenance of the subject premises:

1. No lot shall be used for other than residential purposes and no soil or trees shall be removed for any commercial use.  Removal or cutting of trees shall be limited to the extent necessary for clearing the foundation site for a construction or to the extent reasonably calculated to improve the appearance of the lot by landscape gardening.  Any clearing allowed hereunder must be completed within sixty (60) business days of commencement.
2. No building shall be erected on any lot other than a one-family dwelling with garage.  The floor area of the main structure, exclusive of porches, garage, storage rooms and basement, shall not be less than one thousand six hundred (1,600) square feet.  All detached storage buildings shall not exceed three hundred fifty (350) square feet in size.  All boathouses on Shadowood Lake shall have a minimum interior height of eight (8’) feet.  All construction of residences or other buildings must be stick built and shall not be prefabricated, modular or mobile homes of any type.
3. No building or structure of any kind shall be located on any lot nearer than five feet (5’) to either side property line and the minimum set back of all buildings, fences or structures from the front property line shall be forty feet (40’).  No structures exceeding fifty (50) square feet, other than a boat house or pier, shall be located nearer than fifty feet (50’) from normal lake level as defined in paragraph six (6).
4. No structure of a temporary character, trailer, basement, tent, shack, garage, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.  Any garage shall be constructed at the same time or subsequent to the construction of the house it is intended to serve.  All improvements shall be completed within six (6) months from the beginning of construction.  No outhouses shall be permitted on any part of the property; all lavatories, toilets and bath facilities shall be installed indoors and shall be connected to comply with the specifications of State and local health authorities and no “outside” or surface toilet shall be permitted under any circumstances.  No septic tank or field line shall be installed within fifty feet (50’) of any lake, stream or pond unless written permission is obtained otherwise from Shadowood Lake Estates, Inc., it successors or assigns.  Minimum requirements for the construction or installation of a one-family sanitation system is those required by the Harrison County Health Department, Texas Natural Resources Conservation Commission and/or any other regulatory or governmental agency.  All lavatories, toilets and bath facilities shall be completely installed and functioning before residence is occupied.
5. The pumping of water from any lake or pond is prohibit except by special permit in writing granted by Shadowood Lake Club, Inc., it successor or assigns.
6. All lake front lot property lines shall extend thirty feet (30’) into Shadowood Lake property, measured from the water’s edge at spillway level of the lake, so as to permit lake front lot owners ample area to construct piers and boat houses.  Plans and specifications for construction of such improvements must be approved and in writing by Shadowood Lake Club, Inc., its successors or assigns, prior to commencing construction and such approval shall not be arbitrarily withheld.
7. No animals, livestock or poultry of any kind shall be raised, bred, boarded or kept on any lot, excepting dogs, cats and other household pets.  All dogs, cats or other household pets shall be leashed or fenced.  Any dogs, cats or household pets, which are not fenced or leashed, shall be subject to being removed to the animal shelter.  Fires must be contained, enclosed and carefully supervised.  Use of firearms on the premises is prohibited.  The lot shall be kept clean and free of trash, garbage and debris at all times.  All advertising signs are prohibited except such signs as Shadowood Lake Club, Inc., it successors and assigns, deems necessary for the orderly development of the subdivision, and those placed on lots by the lot owners or their representatives for advertising the sale of that lot.
8. No building shall be erected on any lot until the plans, specifications and plat plan therefor have been approved in writing by Shadowood Lake Club, Inc., its successors or assigns.
9. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision in which said lot is located.
10. No sale, transfer, lease or other disposition of any lot in Shadowood Lake Estates Section No. II Subdivision shall be consummated unless and until the purchaser or transferee has made written application for membership in Shadowood Lake Club, Inc., its successors or assigns, and hereinafter referred to in paragraph eleven (11).  This restriction shall not apply, however, to lending institutions who may bid said property at any foreclosure sale brought by them without regard to such membership restriction, nor shall it apply with respect to a transfer of such property pursuant to a duly probated will or by virtue of intestacy, pursuant to the Statues of the State of Texas.  However, in the event of a transfer of title by virtue of foreclosure, probate of will or intestate succession, Shadowood Lake Club, Inc., its successors or assigns, shall have an absolute right of first refusal to purchase said lot from any such transferee(s) in the event that they shall decide to sell, transfer or convey the same.
11. Upon acceptance of any application for membership in Shadowood Lake Club, Inc., the purchaser of a lot shall become a member of Shadowood Lake Club, Inc., a corporate enterprise, or is successors or assigns (hereinafter referred to as “Shadowood Lake Club”), for the purpose of providing the members with private recreation facilities in the area and to establish and maintain parks, lanes, roads, lakes and security protection for the common benefit of lot owners.  Said membership shall be conditioned upon observance of the rules and regulations established by said club for the benefit and general welfare of its members and for the official operation thereof.  Said membership shall also be conditioned upon payment, when due, of such fees, dues and charges as the club shall find necessary for the maintenance of the club facilities and services, including but not limited to, the maintenance of lanes, roads, parks and lakes and any other services and benefits which said club may provide for the benefit of lots, club facilities and members.  Any person renting property subject to these restrictions must pay dues, in addition to the dues paid by the lot owner, in order for said renter to utilize the club facilities, lake and services.  If the renter fails to pay such dues, the owner of the lot shall be responsible for the renter’s dues as well as the dues applicable to the owner of said lot and such unpaid dues of the renter and/or owner shall constitute a lien against the lot as in other fees, dues and charges.  If any lot owner fails to pay any dues or observe the rules or regulations of Shadowood Lake Club, then Shadowood Lake Club shall have the authority to terminate the lot owner’s rights to use the lake, common areas and facilities, but said lot owner shall be liable for non-member dues and may only use the roads for ingress and egress to the lot owned by said owner.  Shadowood Lake Club shall have the right to access fines against lot owners for the failure of the lot owner, the lot owner’s family, guests, invitees, renters or agents, to comply with the rules and regulations of Shadowood Lake Club or these restrictions.  Said fine shall constitute an additional assessment against the lot and shall be the basis for a lien as set forth under paragraph twelve (12) hereof.

By the acceptance and retention of title to any lot(s) in the Shadowood Lake Estates Section No. II Subdivision, each grantee, his/her heirs and assigns, who are or are to become members of Shadowood Lake Club, do hereby covenant and agree that the said Shadowood Lake Club, its successors and assigns, shall have a lien upon the subject lot(s), subordinate only to the liens for taxes and any duly recorded mortgage, to secure the payment of the aforementioned dues, fees and charges, including court costs and reasonable attorney’s fees occurred in connection with the collection of the same, it being agreed and understood that its covenant and agreement shall be in addition to and shall not be affected by such contracts, security agreements and  applications as such Grantees, their heirs or assigns may enter into with Shadowood Lake Club.

1. If title to any of the said lots shall be acquired by a party who has not been approved for membership in the Shadowood Lake Club referred to in paragraph eleven (11) hereof, or if any lot owner shall cease to be a member of the said club, then nevertheless, said lot owner, on behalf of himself/herself, his/her heirs or assigns, does hereby covenant and agree that he/she will bear and pay such portion of the specific expenses required and expended by Shadowood Lake Club, its successors and assigns solely for the maintenance of lanes, road, parks, lakes and furnishing of security protection that he/she would otherwise be required to pay if he/she were than in fact a member of such club.  Further, by the acceptance and retention of title to any lot(s), each grantee, on behalf of himself/herself, his/her heirs and assigns, does hereby covenant and agree that said Shadowood Lake Club, its successor and assigns, shall have a lien upon the subject lot(s) second only to liens for taxes and any duly recorded mortgage to secure the payment of the aforementioned expenses, including court costs and reasonable attorney’s fees incurred in connection of the collection of the same.
2. These restrictions, covenants and conditions may be enforced by the owner of any lot in said subdivision, or by Shadowood Lake Club, either by proceedings for injunction or to recover damages for breach thereof, or both.  However, only the said Shadowood Lake Club, heretofore referred to, its successors or assigns, may file suit to collect any of the charges and expenses mentioned in paragraph eleven (11) and twelve (12) of these said restrictions, covenants and conditions to enforce foreclosure of any lien therein granted, with said suit to be filed in any court of competent jurisdiction and with venue to be in Harrison County, Texas.
3. Prior to building, a lot owner must make application to Shadowood Lake Club, on form acceptable to Shadowood Lake Club, and pay a Two Hundred and No/100 dollars ($200.00) deposit to assure cleanup and observance of Shadowood Lake Club rules and regulations.  In addition, a lot owner must provide a portable toilet during construction.
4. These restrictions, covenants and conditions 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 of such restrictions, covenants and conditions being first impressed upon said property and subdivision, after which time said restrictions, covenants and condition shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the Shadowood Lake Club members in said subdivision has been recorded, agreeing to a change in said restrictions, covenants and conditions in whole or in part.

If any portion of these restrictions, covenants and conditions shall be declared invalid by judgment or court order, it shall not affect the validity of any other provision or portion thereof.

 WITNESS OUR HANDS this 28th day of December 1995, to be effective as of January 6, 1995. ATTEST:  SHADOWOOD LAKE CLUB, INC. 

By:  Mike Wiley, Secretary  Donal Moore, Vice President

Sections III through VIII can be viewed in your Welcome Packet or by contacting a current board member.