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SECTION 4. COMMON AREAS


The undersigned hereby dedicates for the common use and enjoyment of the Owners the Common Areas and subject to the provisions of these Restrictive Covenants, every Owner and every tenant of every Owner who resides on a Tract, and each Individual who resides with either of them or who is a guest of either of them, respectively, on such Tract shall have a right and easement of use and enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Tract; PROVIDED, HOWEVER, such easement shall not give such person the right to make alternations, additions or improvements to the Common Areas. The Developer shall convey the fee simple title to the Common Areas to the Homeowners Association, free and clear of all encumbrances and liens other than the lien of current taxes and assessments not in default and utility easements and mineral interests outstanding and of record, prior to January 1, 2002. The rights and easements of enjoyment created hereby shall be subject to the right of the Association to suspend membership rights for any period during which any assessment against a Tract remains unpaid.


SECTION 5. RESTRICTIVE COVENANTS


1. Limitation on Use.


All Tracts shall be used solely for residential and agricultural purposes, including wildlife management as defined by the Texas Tax Code and other applicable statutes subject to the limitations and provisions of these Restrictive Covenants; including as herein provided gastehaus and Bed and Breakfast. The residential use of Tracts shall be limited to single family residential use except as otherwise expressly provided herein. Home occupations as defined herein are permissible uses. Only one permanent residence will be permitted on any one Tract. Additional buildings, hereinafter referred to as a gastehaus, shall be permitted. No Tract shall be used for any commercial or industrial purpose except for (a) permanent agricultural crops including vineyards, fruit trees, pecan groves and permanent grass (hay meadows or grazing pastures) and (b) a cottage industry by an artisan such as an artist, photographer, wood, metal or glass sculptor.


2.
Building Restrictions/Maintenance.
A.
No Construction without Architectural Committee Approval. No construction of
any improvement within the Property may be commenced or substantially altered without the prior submission of written building plans to and the written approval of the Architectural Committee which approval shall include the approval of the size, square footage and location of all buildings and structures including without limitations the location of any gastehaus, Bed and Breakfast and agricultural barns, buildings and improvements. To obtain approval to do any of the work described herein an Owner must submit an application to the Architectural Committee showing the plans and specifications for the proposed work, which plans and specifications shall detail the nature, shape, height, materials, colors and location of the proposed work. The Architectural Committee shall review applications for proposed work in order to (i) ensure conformity of the proposal with these covenants, conditions and restrictions, and (ii) ensure harmony of external design in relation to surrounding structures and topography. An application


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