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<br />contract lien pursuant to the laws of the State of Texas goyerning non-judicial rights of
<br />foreclosure on real property or (ii) in any other manner allowed by the laws of the State of
<br />Texas. Specifically, such non-judicial foreclosure may be accomplished in the same manner and
<br />by following the same procedures as set forth in Section 51.002 of the Texas Property Code, as
<br />same may be hereafter amended from time to time, the terms and proyisions of which are hereby
<br />incorporated by reference and made a part hereof for all purposes. In any foreclosure
<br />proceeding, whether judicial or non-judicial, the Association shall be entitled to recoyer its costs,
<br />expenses and reasonable attorney's fees, which items shall be secured by the liens created or
<br />reserved under this Article. The Association shall haye the power to bid on such a defaulting
<br />Owner's Tract at a foreclosure sale or other legal sale (with the right to be credited on the
<br />amount of its bid in an amount equal all of the indebtedness due and owing to the Association by
<br />the Owner of such Tract as of the date of said sale) and to acquire, hold, lease, mortgage, conyey
<br />or otherwise deal with the same. In the case of the resignation of the Trustee, or the inability
<br />(through death or otherwise), refusal or failure of the Trustee to act, or at the option of the
<br />Association (which reason need not be stated), a Substitute Trustee may be named, constituted
<br />and appointed by the Association, without other formality than an appointment and designation
<br />in writing, which appointment and designation shall be full eyidence of the right and authority to
<br />make the same and of all facts therein recited, and the power of sale reserved and/or in this
<br />subsection shall yest in the Substitute Trustee the title and powers herein conferred on the
<br />Trustee originally named herein, and the conyeyance of the Substitute Trustee to the
<br />purchaser(s) at any sale shall be equally yalid and effectiye.
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<br />Section 5. Liability Limitations. Neither Declarant, nor its officers, directors,
<br />employees, agents or attorneys, nor the officers, directors, employees, agents or attorneys of the
<br />Association, shall be personally liable for debts contracted for or otherwise incurred by the
<br />Association or for any tort arising from the actions of the Association or any Member, whether
<br />or not such Member was acting on behalf of the Association or otherwise. Neither the
<br />Declarant, the Association nor their respectiye partners, officers, directors, employees, agents or
<br />attorneys shall be liable for any damages, including, without limitation, incidental, consequential
<br />or punitive damages, (i) for failure to secure or inspect any Tract, the Improyements thereon or
<br />the Common Areas or Common Facilities or for failure to secure, repair or maintain same, or (ii)
<br />occasioned by any act or omission relating to the repair or maintenance of any Tract, the
<br />Improvements thereon or the Common Areas or Common Facilities.
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<br />ARTICLE VI
<br />MAINTENANCE
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<br />Section 1. Maintenance. The Association, through the Property Manager, shall
<br />maintain, operate, manage, insure, repair and replace all of the Common Areas and Common
<br />Facilities. The cost thereof shall be an expense funded by an Association assessment against all
<br />Owners.
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<br />Section 2. Perimeter Fences. In addition to the maintenance referred to in Section 1 of
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