THE STATE OF TEXAS *

* KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, Braes Bayou Land Company was the owner and developer of a tract of land known as Braeburn Valley, Section Three (3) (hereinafter called "Section Three (3)"), as such section is more particularly described in the map or plat thereof filed in Volume 61, Page 47, Map Records of Harris County, Texas; and

WHEREAS, Braes Bayou Land Company also was the owner and developer of a tract of land known as Braeburn Valley, Section Four (4) (hereinafter called "Section Four (4)"), as such section is more particularly described in the map or plat thereof filed for record in Volume 74, Page 7, Map Records of Harris County, Texas; and

WHEREAS, Braes Bayou Land Company was the owner and developer of a tract of land known as Braeburn Valley, Section Five (5) (hereinafter called "Section Five (5)"), as such section is more particularly described in the map or plat thereof filed in Volume 92, Page 6, Map Records of Harris County, Texas; and

WHEREAS, Braes Bayou Land Company also was the owner and developer of a tract of land known as Braeburn Valley, Section Six (6) (hereinafter called "Section Six (6)"), as such section is more particularly described in the map or plat thereof filed in Volume 92, Page 6, Map Records of Harris County, Texas; and

WHEREAS, Braes Bayou Land Company was the owner and developer of a tract of land known as Braeburn Valley, Section Seven (7) (hereinafter called "Section Seven (7)"), as such section is more particularly described in the map or plat thereof filed in Volume 115, Page 63, Map Records of Harris County, Texas; and

WHEREAS, Section Three (3) is subject to the following restrictions of record:

1. Restrictions set forth in the plat described above;
2. Restrictions recorded in Volume 3718, Page 612, Deed Records of Harris County, Texas;
3. Amendment recorded in Volume 4267, Page 240, Deed Records of Harris County, Texas;
4. Amendment filed of record on October 22, 1979, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number G290609 and Film Code Reference Number 142-83-2042;
5. Amendment filed of record on August 10, 1983, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number J087533 and Film Code Reference Number 055-90-1878; and
6. Amended Restrictions filed of record on February 2, 1987, in the Official Public Records of Real Property of Harris County, Texas under County Clerk’s File Number K950491 and Film Code Reference Number 071-77-1348; and

WHEREAS, Section Four (4) is subject to the following restrictions of record:

1. Restrictions set forth in the plat described above;
2. Restrictions recorded in Volume 4137, Page 228, Deed Records of Harris County, Texas;
3. Amendment recorded in Volume 4267, Page 240, Deed Records of Harris County, Texas;
4. Amendment filed of record on October 22, 1979, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number G290609 and Film Code Reference Number 055-83-2042;
5. Amendment filed of record on August 10, 1983, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number J087533 and Film Code Reference Number 055-90-1878; and
6. Amended Restrictions filed of record on February 2, 1987, in the Official Public Records of Real Property of Harris County, Texas under County Clerk’s File Number K950491 and Film Code Reference Number 071-77-1348; and

WHEREAS, Section Five (5) is subject to the following restrictions of record:

1. Restrictions set forth in the plat described above;
2. Restrictions recorded in Volume 5051, Page 458, Deed Records of Harris County, Texas;
3. Amendment recorded in Volume 7550, Page 15, Deed Records of Harris County, Texas;
4. Amendment filed of record on October 22, 1979, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number G290608 and Film Code Reference Number 142-83-2038;
5. Amendment filed of record on August 10, 1983, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number J087534 and Film Code Reference Number 055-90-1928; and
6. Amended Restrictions filed of record on February 2, 1987, in the Official Public Records of Real Property of Harris County, Texas under County Clerk’s File Number K950490 and Film Code Reference Number 071-77-1322; and

WHEREAS, Section Six (6) is subject to the following restrictions of record:

1. Restrictions set forth in the plat described above;
2. Restrictions recorded in Volume 5051, Page 458, Deed Records of Harris County, Texas;
3. Amendment recorded in Volume 7550, Page 15, Deed Records of Harris County, Texas;
4. Amendment recorded in Volume 7550, Page 20, Deed Records of Harris County, Texas;
5. Amendment filed of record on October 22, 1979, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number G290608 and Film Code Reference Number 142-83-2038;
6. Amendment filed of record on August 10, 1983, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number J087534 and Film Code Reference Number 055-90-1923; and
7. Amended Restrictions filed of record on February 2, 1987, in the Official Public Records of Real Property of Harris County, Texas under County Clerk’s File Number K950490 and Film Code Reference Number 071-77-1322; and

WHEREAS, Section Seven (7) is subject to the following restrictions of record:

1. Restrictions set forth in the plat described above;
2. Restrictions recorded in Volume 5513, Page 179, Deed Records of Harris County, Texas;
3. Amendment recorded in Volume 6193, Page 617, Deed Records of Harris County, Texas;
4. Amendment recorded in Volume 6316, Page 500, Deed Records of Harris County, Texas;
5. Amendment recorded in Volume 8326, Page 394, Deed Records of Harris County, Texas;
6. Amendment filed of record on October 22, 1979, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number G290607 and Film Code Reference Number 142-83-2034;
7. Amendment filed of record on August 10, 1983, in the Official Public Records of Real Property of Harris County, Texas, under County Clerk’s File Number J087535 and Film Code Reference Number 055-90-1957; and
8. Amended Restrictions filed of record on February 2, 1987, in the Official Public Records of Real Property of Harris County, Texas under County Clerk’s File Number K950489 and Film Code Reference Number 071-77-1293; and
9. Amended Restrictions filed of record on June 19, 1987, in the Official Public Records of Real Property of Harris County, Texas under County Clerk’s File Number L181104 and File Code reference Number 183-33-1656.

WHEREAS, it is the desire of a majority of the record owners of the lots in Section Three (3), Section Four (4), Section Five (5), Section Six (6) and sections Seven (7) (hereinafter referred to collectively as the "Braeburn Valley Subdivision"), to codify and amend certain provisions of the above-described restrictions of record (collectively called the "Deed Restrictions") and provide that further changes cannot be made without the approval of the majority of the record owners of the lots I the following sections of Braeburn Valley, to-wit:

1. Braeburn Valley, Section Three (3) (hereinafter called "Section Three (3)"), as such section is more particularly described in the map or plat thereof filed in Volume 61, Page 47, Map Records of Harris County, Texas.
2. Braeburn Valley, Section Four (4) (hereinafter called "Section Four (4)"), as such section is more particularly described in the map or plat thereof filed in Volume 74, Page 7, Map Records of Harris County, Texas.
3. Braeburn Valley, Section Five (5) (hereinafter called "Section Five (5)"), as such section is more particularly described in the map or plat thereof filed in Volume 92, Page 6, Map Records of Harris County, Texas.
4. Braeburn Valley, Section Six (6) (hereinafter called "Section Six (6)"), as such section is more particularly described in the map or plat thereof filed in Volume 92, Page 6, Map Records of Harris County, Texas.
5. Braeburn Valley, Section Seven (7) (hereinafter called "Section Seven (7)"), as such section is more particularly described in the map or plat thereof filed in Volume 115, Page 63, Map Records of Harris County, Texas.

All lots in Braeburn Valley Subdivision shall be used for single family residential dwelling purposes only, and no structure shall be altered, placed, erected or permitted to remain on any lot except one family dwelling residence which shall not exceed two stories in height, together with a private closed garage, capable of storing at least two automobiles, which shall not exceed the height of the residence in stories and overall height.

As used herein, the term "residential dwelling purposes" shall be construed to prohibit the use of said lots for duplex houses, garage apartments or apartment houses; and no lot shall be used for business or professional purposes of any kind, nor for any commercial or manufacturing purpose. No building of any kind or character shall ever be moved onto any lot within the subdivision, it being the intention that only new construction shall be placed and erected thereon.

No building or paved area shall be erected, placed or altered on any building plot in this subdivision until the building plan, specifications and plot plan showing the location of such building or paved area have been submitted to the Architectural Control Committee described below and approved in writing, as to conformity and harmony of external design with existing structures in the subdivision, as to location of the building with respect to topography and finished ground elevation. The Architectural Control Committee shall be composed of duly authorized and designated representatives as selected by the Board of Directors, for the Braeburn Valley Homeowners’ Association.

In the event of death or resignation of any member of such Architectural Control Committee, the remaining member, or members, shall have full authority to approve or disapprove such design and location.

In the event such Architectural Control Committee fails to approve or disapprove such design and location within forty-five (45) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the erection of such building, or the making of such alterations, has been commenced prior to the completion thereof, such approval shall not be required, and this covenant will be deemed to have been fully complied with; provided however, that the failure of the Architectural Control Committee to approve or disapprove such plans and specifications within such 45 day period shall not operate to permit any structure to be commenced, erected, placed, constructed or maintained on any lot in this subdivision in a manner inconsistent with any provision of these Amended Restrictions for the Braeburn Valley Subdivision.

The Architectural Control Committee shall remain independent of the Braeburn Valley Homeowners’ Association. That is, the Architectural Control Committee shall in no way be controlled by or obligated to approve any recommendation or requests of the membership of the Braeburn Valley Homeowners’ Association.

Neither the members of the Architectural Control Committee, nor the designated representatives, nor the Board of Directors for the Braeburn Valley Homeowners’ Association shall be liable for any damages to person or property caused by either the creation or exercise of authority granted to the Architectural Control Committee herein, and each homeowner by their execution of these Amended Restrictions or by their assertion of title or claim of ownership or by their acceptance of a deed to a lot in the Braeburn Valley Subdivision, whether or not it shall be so recited in such deed, shall be conclusively deemed to have waived their right to a claim for damages and agree to hold the members of the Architectural Control Committee, its designated representatives and the Board of Directors for the Braeburn Valley Homeowners’ Association harmless from all claims for any such damage.

Neither the members of such Architectural Control Committee, nor its designated representatives shall be entitled to any compensation for service performed pursuant to this covenant.

The powers and duties of the Architectural Control Committee named and referred to in this Article 2 shall run with the land and shall be binding upon all owners of lots in the Braeburn Valley Subdivision, and upon all persons claiming under them for so long as the herein mentioned covenants and restrictions are applicable.

Any new single family construction for residential purposes within the Braeburn Valley Subdivision shall contain not less than 2000 square feet of living area, exclusive of porches, breezeways, patios, and closed garage, and shall obtain the necessary approval from the Architectural Control Committee as set forth in Article 2.

No buildings shall be located on any lot nearer to the front lot line, or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 25 feet to the front lot line and no building shall be located nearer than 5 feet to an interior lot line except that a 5-foot side yard shall be required for a garage or other permitted accessory building which may be located 70 feet or more from the minimum setback line. No dwelling shall be located nearer than 20 feet to the rear lot line except with the express written permission of the Architectural Control Committee provided in Article 2 above. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. All main residential dwellings shall face dedicated streets.

If a garage or other outbuilding is made an integral part of the residence, or is connected thereto, the setback distance from front and side lines of the lot will then be the same as those stipulated for the residence itself. Each residence constructed in Braeburn Valley Subdivision must have a garage capable of storing at least two automobiles. A carport is not considered to be in compliance with this article.

No dwelling shall be erected or placed on any lot having less than 65 feet frontage on a dedicated street, and only one residence shall be constructed on each platted lot as per plat of said Braeburn Valley Subdivision of record. Provided, however, that the said 65 feet frontage restriction shall not apply to those lots in said Braeburn Valley Subdivision which have less than 65 feet frontage as shown by said plat.

There shall be no driveways across any part of the front 25 foot setback line for residences on each platted lot of Sections Five (5) and Six (6) as per plat of the Braeburn Valley Subdivision.

There are hereby dedicated and reserved, permanent and unobstructed easements as shown on the recorded plats of Braeburn Valley Subdivision, across certain designated portions of each lot, over, upon, under and through which to construct and maintain sanitary sewer, telephone, electric light and gas services and other public utilities, which said easements shall be a burden and charge against the lots of Braeburn Valley Subdivision, by whomsoever owner. There is also dedicated and reserved an unobstructed aerial easement for utilities five feet in width from a plane 20 feet above the ground upward, located over all easements herein described and all easements shown on said plat.

No lot or the improvements thereon shall ever be used for any purpose which is immoral or illegal or in any manner which may be or become an annoyance or a nuisance to the neighborhood. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may become an annoyance to the neighborhood. The Architectural Control Committee’s determination as to what constitutes a noxious or offensive activity shall in all cases be final and conclusive.

There shall never at any time be erected, permitted, or maintained on any lot in said Braeburn Valley Subdivision, or any part thereof, any saloon, or place for the sale or manufacture for sale of malt, vinous or spirituous liquors, capable of producing intoxication, any foundry, brick yard, cemetery, crematory, any establishment for the care or cure or restraint of the mentally afflicted or for the care and cure of persons afflicted with tuberculosis, or victim of drink or drugs, or any detention home, detention or reform school, asylum or institution of like or kindred nature, any building for the manufacture or storage of gunpowder or explosives, any product or by-product of kelp, fish meal, stock food made from fish, fish oil, or fertilizer or for carrying on any copper or other smelting or for conducting a slaughter house, stock yard, tannery, oil refinery or fish cannery, or a building for any other business or industrial use which may be or might become a detriment, annoyance, or a nuisance to the neighborhood.

No boat, trailer, camping unit, bus, truck, or self-propelled or towable machinery of any sort shall be permitted to park on any lot except in a closed garage, subject to Article 8, Paragraph 1, nor shall cars be parked on any lots except on paved driveways; provided, however, that during construction of improvements on a lot, necessary construction vehicles may be parked thereon for and during the time of such necessity.

No inoperable vehicles which are not currently licensed or currently inspected shall be permitted to park on any lot or any paved public area surrounding such lot, except in a closed garage, subject to Article 8, Paragraph 1.

No commercial or oversized vehicles shall be permitted to park on any lot or any paved public area surrounding such lot, except within a closed garage, subject to Article 8, Paragraph 1. The determination of what constitutes a commercial or oversized vehicle by the members of the Architectural Control Committee shall in all cases be final and conclusive.

No more than three motor vehicles on a lot may be visible from the street for a period of time in excess of three weeks. Any and all motor vehicles must comply with all other requirements of Article 8 and the Restrictions for the Braeburn Valley Subdivision.

Additionally, motor homes/recreational vehicles, boats, campers, or trailers may not be parked on any lot, or any paved public area surrounding such lot, except in a closed garage, and except to the extent that they may be parked briefly for loading and unloading purposes for not more than 24 hours at a time on the street or paved driveway in conformity with the requirements of article 8.

No trailer, tent, shack or other temporary structure shall ever be erected on any lot, and no basement, garage, or other outbuilding erected on any lot, shall at any time be used for human habitation, temporarily or permanently, nor shall any structure of a temporary character be used for human habitation.

No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

No oil drilling, oil development operations, quarrying or mining operations of any kind shall be permitted upon or in any lot or portion thereof, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot or portion thereof. No derrick or other structure designed for the use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot or portion thereof.

No animals, livestock or poultry of any kind shall ever be raised, kept or bred on any lot, except that the dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for commercial purposes.

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition.

Grass, trees, shrubs, vegetation and weeds on each lot shall be cut as often as may be necessary to maintain each lot in a neat, safe, and attractive manner. Should the Architectural Control Committee determine that there is a violation of this Article, the Architectural Control Committee shall send, by certified mail, a letter to the homeowner which shall set forth the nature of the violation. The homeowner shall have three (3) consecutive days from date of the receipt of the Architectural Control Committee’s certified letter within which to comply. If the owner of any lot fails to do so, the Architectural Control Committee may have the same cut or trimmed and the owner thereof shall be obligated to pay the cost of such cutting, plus administrative fees. Likewise, all drainage ditches and alleyways shall be maintained and drained in the same manner and shall be unobstructed at all times.

Each homeowner to whom a letter has been sent, as set forth in this article, shall be deemed to have received this letter within two days from the date of mailing, so long as that letter is properly addressed to the homeowner at the address as kept in the books and records of the Braeburn Valley Homeowners’ Association. It shall be the sole responsibility of each homeowner to insure that those books and records accurately reflect the proper and current address for each homeowner.

No fence, wall hedge, shrub planting or planting of any kind which obstructs sight lines and elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded corner, from the intersection of a street property line extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or side line of such lot. No tree shall be permitted to remain within such distances of such intersection, unless the foliage line is maintained at sufficient height to prevent obstruction of such lines, and provided further that no fence, wall, hedge, tree shrub planting, or planting of any kind shall be allowed or shall extend past the limiting boundary of the rear utility easement of each lot in the Braeburn Valley Subdivision, and specific reference is here made to such plat for reference to such utility easement and if any such lot in such subdivision contained shall have no rear utility easement, then, and in that event, this restriction shall be deemed to apply to the limiting boundary of any drainage easement or drainage course shown upon such plat of said subdivision.

Unless otherwise permitted by the Architectural Control Committee no fence, wall, or hedge shall be maintained on any lot closer to the street than is permitted for the house on said lot, nor shall any fence, wall or hedge exceed six (6) feet in height, from ground level. Any tree, shrub, or other planting which encroaches upon adjoining property or upon any easement shall be trimmed or removed upon request of such adjoining property owner or in the case of easements upon request of Braeburn Valley Homeowners’ Association, or its successors or assigns.

The main dwelling erected on any lot in Braeburn Valley Subdivision shall be composed of at least 80% brick, stone or masonry construction, not to be construed as including unpainted concrete block of common clay tile, said 80% being based upon the total outside wall square less the square footage contained in windows and doors therein.

No asbestos siding shall be used to cover any portion of any building on the property. Roof materials shall be of high grade materials; and the materials to be used must be approved by the Architectural Control Committee, in writing.

All exterior paint color and trim work must be submitted to the Architectural Control Committee, or its designated representatives for approval prior to any application to any structure on any lot in the Braeburn Valley Subdivision.

All lots in Braeburn Valley Subdivision shall be and are hereby severally subjected to and impressed with a regular annual maintenance charge or assessment in the amount of Two Hundred Fifty and No/100 Dollars ($250.00) per annum, per lot, which shall run with the land. Thereafter, the Board of Directors of Braeburn Valley Homeowners’ Association may decrease or increase the amount of the regular annual maintenance charge or assessment provided for herein at any time and from time to time by the adoption of a resolution for such purpose; provided, however, that no resolution of the Board of Directors of Braeburn Valley Homeowners’ Association may increase the regular annual maintenance charge or assessment in excess of the average annual prime lending rate at Texas Commerce Bank in Houston, or its successors, as calculated on October 1^st each year for the preceding 12 monthly periods, plus five (5%) percent, each year, without the express written consent of a majority of the owners of the lots in the Braeburn Valley Subdivision. Alternatively, in the event that Texas Commerce Bank in Houston or its successors shall cease to exist, then the Board of Directors by majority vote may choose another Houston lending institution from which to calculate the average annual prime lending rate. Each deed emanating from Braes Bayou Land Company, its successors and assigns, shall be made subject to such annual maintenance charge and the Board of Directors of Braeburn Valley Homeowners’ Association may assess a late charge for annual maintenance charges not timely paid. Said bills by Braeburn Valley Homeowners’ Association may be sent by first class mail, postage prepaid, or delivery to the address for the listed lot of each lot owner.

The annual maintenance charges or assessments, as set forth above, shall constitute and be secured by a separate and valid and subsisting lien, previously created and filed in the prior restrictions and amendments previously filed on behalf of the Braeburn Valley Subdivision and carried forward in these Amended Restrictions. This lien exists upon and against each lot and all improvements thereon, in the event of non-payment of the annual maintenance charge, for the benefit of the Braeburn Valley Homeowners’ Association and all member owners. All liens previously filed prior to the effective date of these Amended Restrictions are expressly carried forward in this document and shall not be considered to have been waived or forgiven as a result of the filing of these Amended Restrictions.

Any assessment not paid within thirty (30) days after its due date shall bear interest from the due date until paid at the rate of ten (10%) percent per annum. The Braeburn Valley Homeowners’ Association may bring an action at law to collect such assessment against the property owner personally obligated to pay the same and to foreclose the lien reserved herein against the lot against such assessment when such assessment is levied or may enforce collection by any other means authorized by law. The Association shall be entitled to recover interest accrued at the rate hereinabove set forth, together with collection costs and reasonable attorney’s fees incurred by the Association in enforcing payment of such assessment. No Owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the common area or by abandonment or conveyance of his lot.

The covenants, agreements, reservations, easements and restrictions herein set out are imposed by Braeburn Valley Homeowners’ Association, whose members are the sole owners of the property known as Braeburn Valley Subdivision and shall be for the benefit of those owners, their successors and assigns, and all subsequent owners of all of the land or any part thereof situated and shown by the recorded plat of Braeburn Valley Subdivision. Accordingly, all of the covenants, agreements, reservations, easements and restrictions herein contained shall be construed to be covenants running with the land as shown by said plat, enforceable at law or in equity by any one or more of the above described parties, or by any corporation whose membership consists of such owners. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.

The covenants and restrictions herein shall run with the land and shall be binding upon all owners of lots in the Braeburn Valley Subdivision.

With respect to Articles 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, and 17, as contained in these Amended Restrictions:

Should the Board of Directors for the Braeburn Valley Homeowners’ Association determine that a violation of the aforementioned Articles exists, the following procedure is established for the enforcement of those Articles. This procedure shall supersede any previous ruling or practice regarding those specific Articles.

The Board of Directors shall send, by certified mail, a letter to the homeowner which shall set forth the specific complaint regarding an alleged violation of any of the aforementioned Articles shall request compliance with the terms of the appropriate Articles.

The homeowner shall have then (10) consecutive days from date of receipt of the board of Directors’ certified letter within which to respond in writing to the Board of Directors. Such response shall be by certified mail and shall be addressed to the President, Board of Directors for Braeburn Valley Homeowners’ Association, at P.O. Box 710844, Houston, Texas 77271-0844.

The homeowners shall have the right to address the Board of Directors, in person, at a regularly scheduled or special meeting of the Board of Directors within seven (7) consecutive days of the Board of Directors’ receipt of the homeowners’ certified letter of response. The President of the Board of Directors shall personally notify both the homeowner and the other directors by certified letter, overnight mail, telephone, or telecopy, at least three (3) days prior to the commencement of such meeting. Such notice shall state the time, date, place, and purpose of the meeting.

On the basis of the homeowner’s’ response(s) to the Board of Directors as outlined above, should the Board of Directors determine, by an affirmative vote of a majority of a quorum of the Board, that a violation of the aforementioned Articles does indeed exist, the homeowners shall be fined at the rate of ten ($10.00) dollars per day, beginning on the day of the homeowners’ receipt of the Board of Directors original certified letter as set forth above.

The fines continue to accrue at the rate of ten ($10.00) dollars per day thereafter, except to the extent that should the homeowner correct the violation within a thirty (30) day period of time, beginning on the day of the homeowners’ receipt of the Board of Director’s certified letter as set forth above, all accrued and outstanding fines will be retroactively suspended to the date of the initial levy. If conformance is not achieved by the homeowner within that period of time, the outstanding fines for such thirty (30) day period of time will be applicable and due and owing. The Board of Directors, by affirmative vote of a majority of a quorum of the Board of Directors, shall determine whether conformance is achieved as defined herein, and a decision of the Board of Directors shall be conclusive and final on that issue.

Any violation of any of the covenants, agreements, reservations, easements and restrictions contained herein shall not have the effect of impairing or affecting the rights of any mortgagee, trustee, or guarantor under any mortgage or deed of trust, or the assignees of any mortgagee, trustee, or guarantor, under any such mortgage or deed of trust outstanding against the said property at the time that the easements, agreements, restrictions, reservations or covenants may be violated.

Violation of any restriction, condition, or covenant herein shall give Braeburn Valley Homeowners’ Association or its successors or assigns, the right to enter upon property where such violation exists and summarily abate or remove the same at the expense of the owner, and such entry and abatement or removal shall not be deemed as a trespass.

The invalidity, abandonment or waiver of any one of these covenants, agreements, reservations, easements and restrictions shall in no way affect or impair any of the other covenants, agreements, reservations, easements and restrictions, the same of which shall remain in full force and effect, unaltered and unchanged except as by any method herein contained.

Article 24: Modification Procedure

It is the intent of the owners of the lots in Braeburn Valley Subdivision, that those named Sections be developed and maintained as a whole, that is as a unitary subdivision of single family residences, and that no individual section of Braeburn Valley may amend any restrictions without the approval of a majority of the then record owners of lots of the other named Sections listed herein. The covenants and restrictions herein shall run with the land and shall be binding upon all owners of lots in the Braeburn Valley Subdivision, and upon all persons claiming under them, unless the majority of all of the then record owners of the lots in the Braeburn Valley Subdivision, on the basis of one vote to each lot owner, agree to alter, rescind or modify the same in part or in whole. Any such alteration, rescission or modification shall be signed by a majority of the then record owners of lots of said Braeburn Valley Subdivision, and the instrument(s) evidencing same shall be filed for record in the Office of the County Clerk of Harris County, Texas.