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<br />manner allowed by the laws of the 'State of Texas. Specifically, such non-judicial foreclosure may
<br />be accomplished in the same, manrier and by following the same procedures as set forth in Section
<br />51.002 of the Texas Property Code, as same may be hereafter amended from time to time, the
<br />terms and provisions of which are hereby incorporated by reference and made a part hereof for all
<br />purposes.' In any foreclosure proceeding, whether judicial or non-judicial, the Association shall be
<br />entitled to recover its costs, expenses and reasonable attorney's fees, whi~h items shall be secured
<br />by the liens created or reserved under this Article. The Association shall have the power to bid on
<br />such a defaulting Owner's Tract at a foreclosure sale 'or other legal sale (with the right to be
<br />credited on the amount of its bid in an amount equal all of the indebtedness due and owing to the
<br />Association by the Owner Qf such Tract as of the date of said sale) and to acquire, hold, lease,
<br />mortgage, convey or otherwise deal with the same. In the case of the resignation of the Trustee,
<br />or the inability (through death or otherwise), refusal or failure of the Trustee to act, or at the
<br />option of the Association (which reason need not.be stated), a Substitute Trustee may be named,
<br />constituted and appointed by the Association, without other formality than an appointment and
<br />designation in writing, which appointment and designation shall be full evidence of the right and
<br />, authority to make the same and of a~l facts therein recited, and the power of sale reserved and/or
<br />in this subsection shall vest in the Substitute Trustee the title and powers herein conferred ~n the
<br />Trustee originally named herein, and the conveyance of the Substitute Trustee to the purchaser(s)
<br />at any sale shall be equally valid and effective.
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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 or
<br />not such Member was acting on behalf of the Association or otherwise. Neither the Declarant,
<br />the Association nor their respective' partners, officers, directors, employees, agents or attorneys
<br />,shall be liable for any damages, ~ncluding, without limitation, incidental, consequential or punitive
<br />damages, (i)' for failure to secure or inspect any Tract, the Improvements thereon or the' Common
<br />Areas or Common Facilities or for failure to secure, repair or maintain same,. or (ii) occasioned by
<br />any act or omission relating to the repair or maintenance of any Tract, the Improvements thereon
<br />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 maintain,
<br />operate, manage, insure, repair and replace all of the Common Areas and Com~on Facilities. The
<br />cost thereof shall be an expense funded by an Association assessment against all Owners. '
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<br />Section 2. Perimeter Fences. In ,additio~ to the maintenance referred to in Section 1 of
<br />this Article, the ~sociation, through the Property Manager, shall maintain all perimeter walls or
<br />fences separating Tracts from portions of the Common Areas and Common Facilities. As to such
<br />fences 'and walls, the Property Manager shall repair and replace such walls or fences when
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