SUBDIVISION RESTRICTIONS

That National Resort Properties, Inc., and Copano Land Company, Texas corporations, the owners of Holiday Beach, as shown by the plat thereof duly recorded in the Plat Records of Aransas County, Texas, do hereby acknowledge, declare and adopt the following restrictions, which are hereby impressed on all of said property, and these restrictions and covenants shall run with the land:
1. Except on those lots designated as commercial lots on the aforesaid plat, no building shall be erected or maintained on any lot in said subdivision other than a private residence and a private garage for the sole use of the owner or occupant.
2. No old, used, existing building or structure of any kind and no part of an old, used, existing building, or structure shall be moved onto, placed on, or permitted to remain on any lot.  All construction is to be of new material.
3. Each residence shall have a minimum floor area of 500 square feet for off-shore lots and 750 square feet for water-front lots, exclusive of porches, stoops, open or closed carports, patios or garages.
4. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to harmony of external design with existing structures and as to location with respect to topography and finish grade elevation.
5. The Architectural Control Committee is composed of three (3) members appointed by the undersigned for the betterment and improvement of the subdivision.
6. No fence shall be permitted to extend nearer to the street than the minimum set-back line hereinafter provided.
7. No residential structure shall be located nearer to the front lot line than 20 feet, or nearer to the side street line than 10 feet, or nearer to the side lot line than 6 feet. "Side lot line" as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by National Resort Properties, Inc., and Copano Land Company to) the same person or persons, shall mean each and/or either of the two outermost side lot lines considering said contiguous whole and/or fractional lots as one lot, if the combined width of said contiguous whole and/or fractional lots is at least 50 feet at the widest portion thereof.
8. No animals or birds, other than household pets shall be kept on any lot.
9. No outbuilding or basement erected on any lot shall at any time be used as a dwelling, temporarily or permanently, nor shall any house trailer or shack be placed on any lot, nor shall any residence of a temporary character be permitted.
10. Easements are reserved along and within 6 feet of the front lines and side lines of all lots in this subdivision for the construction and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, telephones, water mains, sanitary and storm sewers, road drains and other public and quasi-public utilities and to trim any trees which at any time may interfere or threaten to interfere with the maintenance of such lines, with right of ingress to and egress from across said premises to employees of said utilities.  Subject to the provisions of the next sentence hereof, said easement to also extend along any owner’s front lot line and to the side lines of all lots in case of fractional lots.  "Side lines of all lots" as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to be conveyed by national Resort Properties, Inc., and Copano Land Company to) the same person or persons, shall mean each and/or either of the two outermost side lot lines considering said contiguous whole and or fractional lots as one lot, if the combined width of said contiguous whole and/or fractional lots is at least 50 feet at the widest portion thereof.  It is understood and agreed that it shall not be considered a violation of the Provisions of the easement if wires or cables carried by such pole lines pass over some portion of said lots not within the 6 foot wide strip as long as such lines do not hinder the construction of buildings on any lots in this subdivision.
11. No outside toilet or privy shall be erected or maintained in the subdivision.  All sanitary plumbing shall conform with the minimum requirements of the Health Department of Aransas County and the State of Texas.
12. An assessment of $10.00 per lot per year shall run against each lot in said subdivision for the maintenance of the park areas designated on the plat of such subdivision.  Such assessment shall be and is hereby secured by a lien on each lot respectively and shall be payable to National Resort  Properties, Inc., and Copano Land Company beginning one year after the date of the sales contract or deed of conveyance, whichever is sooner, covering each lot in the subdivision, at which date said lien shall conclusively be deemed to have attached, and there shall be no lien securing said assessment until the expiration of said one-year period. Said assessment lien shall be junior and subordinate to any lien which may be placed on any lot or any portion of any lot as security for any interim construction loan and/or any permanent loan for financing improvements on said lot and/or any purchase money loan for any lot on which a dwelling or building complying with these restrictions has theretofore been constructed. National Resort Properties, Inc., and Copano Land company shall have the option at any time of assigning to a third party the right to receive said assessments, whereupon National Resort Properties, Inc., and Copano Land Company shall have no obligation to maintain the park areas.
13. If the owner of any lot in said subdivision, or any other person, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation.
14. Invalidation of any one or more of these covenants and restrictions by judgment of any court shall in nowise affect any of the other covenants, restrictions and provisions herein contained, which shall remain in full force and effect.

EXCEPTIONS TO THE ABOVE RESTRICTIONS
Note: In addition to the above restrictions, the following paragraph is included under number 10 of the subdivision restrictions under the below listed sections:

The undersigned and/or their assigns may, on any lot and/or lots, construct, maintain, use, and allow to be used by others, parks, swimming pools, playgrounds, community center buildings, and the like. The undersigned and/or their designees may, upon any part of any lot and/or lots, erect, maintain, operate and use, water wells and related pumping, storage, operations, and maintenance facilities, and numbered paragraph 2 hereof shall not apply thereto."

The above paragraph is found in the following sections of the subdivision:
Palmetto Point Section lots 106 to 327
Oak Shores Section
Northview Section lots 104 to704
Southview Section
Belaire Section lots 135 to 154
Bayview Section
Woodland Hills Section

Oak Shores has the following additional restrictions: Number 3 of the restrictions contains extra restrictions as follows:
" Except on those lots designated as commercial lots on the aforesaid plat, no piers or appurtenances shall extend further into the lake area than 4 feet. Commercial lots shall have no piers or appurtenances extending into the lake area further than 25 feet. However, any lot shall be allowed additional residences containing a minimum floor area of 500 square feet each, exclusive of porches, stoops, open carports, patios, or garages, provided such residences comply with all other restrictions contained herein. On any water or lake area contained in aforesaid plat with water surface of not less than 40,000 square feet: (A) no boat longer than 20 feet shall be allowed on the lake water; nor shall any boat contain, or be propelled by, any internal-combustion engine or electric motor with power to exceeding 3 brake H.P.; (B) no boat shall be operated on the lake if equipped with sails totaling more than 100 square feet; no rafts, barges, or unattended floating devices shall be allowed on the lake; (C) no fish, animal nor bird life nor plant life shall be stocked or planted in the lake area without the written permission of the herein named Architectural Control Committee, nor shall this lake be removed or otherwise diverted without the written permission of the committee."

Note: Woodland Hills is the only section that allows mobile homes, and these must be of late model. They may also have structures or buildings only if they have all been inspected by and prior written approval has been granted by the Architectural Control Committee, and said committee may, as conditions to its said approval, make any requirement which in its judgment is deemed proper, including the following requirements: (a) that the trailer be of late model (7 yrs. or less), in good repair and of attractive design and appearance, and (b) that any house trailer not built by a commercial house trailer manufacturer be of design, appearance and quality comparable to those built by commercial manufacturers.