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<br />8.
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<br />COVENANT FOR MAINTENANCE ASSESSMENTS
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<br />A. Creation of the Lien and Personal Obligation of Assessment. The Developer for each Tract
<br />owned within the Subject Property, hereby covenants, and each Owner of any Tract by acceptance of a
<br />deed therefor, whether or not it shall be expressed in any such deed or other conveyance, is conclusively
<br />deemed to covenant and agree as a covenant running with the land to pay to the Association assessments
<br />or charges imposed from time to time by the Board for the purposes set forth in Section 8.B. below
<br />(hereinafter referred to as "Assessments"). The Board shall have the right to adopt and from time to time
<br />revise and amend procedures for the purpose of establishing the Assessments, due dates, billing and
<br />collection of the Assessments, provided that such procedures are not inconsistent with the provisions
<br />hereto. The assessments established by the Board shall commence against the subject Property on
<br />August 1, 2006. The Assessments shall be uniform as to each Tract on a per square foot basis according
<br />to the land area comprising such Tract. If the Assessments have commenced to accrue against the
<br />Owners, then, at the time an Owner takes title to a Tract, the installment for that month shall be prorated as
<br />of the day the Owner takes title. Any Assessments not paid and received within ten (10) days from the due
<br />date shall be deemed delinquent and, without notice, shall bear interest until paid at fifteen percent (15%)
<br />per annum, not to exceed the maximum non-usurious rate allowed by applicable law. The Board, at its
<br />option, may impose and collect late charges on delinquent payments, in addition to interest, in an amount
<br />to compensate the Association for the administrative burden of dealing with the delinquency.
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<br />To secure the payment of the Assessments levied hereunder and any other sums due hereunder
<br />(including, without limitation, reasonable attorney's fees and costs of collection, interest or late charges), a
<br />vendor's lien and superior title shall be and is hereby reserved, and a contractual lien is hereby created, in
<br />favor of the Association, in and to each Tract and assigned to the Association, which liens shall be
<br />enforceable as hereinafter set forth by the Board or its appointed agent ("Agent") on behalf of the
<br />Association.
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<br />Notice of the unpaid amounts, at any time, secured by the liens referred to, reserved by and
<br />created in this Article 8 may, but shall not be required to be given by the recordation in the Real Property
<br />Records of Harris County, Texas of a "Notice of Non-Payment," duly-executed and acknowledged by an
<br />Agent of the Association, setting forth the amount owed, the name of the reputed Owner or Owners of the
<br />affected Tract according to the books and records of the Association, and the legal description of such
<br />Tract. The cost of preparing and filing the Notice of Non-Payment and its release shall be secured by the
<br />lien therefor.
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<br />Each Owner, by acceptance of a deed to such Owner's Tract, hereby expressly recognizes the
<br />existence of such liens as being prior to such Owner's ownership of such Tract and hereby vests in the
<br />Board or its Agent the right and power to bring all actions against such Owner or Owners personally for the
<br />collection of such Assessments and other sums due hereunder as a debt, and to enforce the aforesaid lien
<br />by all methods available for the enforcement of such liens, including by judicial and/or non-judicial
<br />foreclosure. Additionally, by acceptance of the deed to such Owner's Tract, each Owner expressly grants a
<br />power of sale such Owner's Tract and all Improvements thereon, and all rights appurtenant thereto for the
<br />purpose of securing the aforesaid Assessments and other sums due hereunder remaining unpaid by such
<br />Owner from time to time. The Agent may be changed at any time by the Board. In the event ofthe election
<br />by the Board to foreclose the liens herein provided for nonpayment of sums secured to be paid by such
<br />liens, then it shall be the duty of the Agent, as hereinabove provided, at the request of the Board (which
<br />request shall be presumed) to enforce this trust and to sell such Tract and all Improvements thereon, and
<br />all rights appurtenant thereto, at the door of the County Courthouse of Harris County, Texas (in the area
<br />designated by the Commissioner's Court of Harris County, Texas, for such purpose), on the first Tuesday in
<br />any month between the hours of 10:00 a.m. and 4:00 p.m. to the highest bidder for cash after the Agent
<br />shall have given notices of the proposed sale in the manner hereinafter set forth, or as provided by statute,
<br />whichever is less burdensome. Following sale, the Agent shall make due conveyance of the Tract and all
<br />Improvements thereon to the purchaser or purchasers, and may, but shall not be required to, give a
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<br />H-Declaration of Protective Covenants and Easements.DOC 11
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