Amendment for Article 5, Section (d)

Hays County Linda C.Fritsche County Clerk SanMarcos,Texas78666 70201010006731 InstrumentNumber:2010-10008731 As Recorded On:Aprll 14,2010 OPRRECORDINGS Parties:ELLIOTTRANCHHOMEOWNERSASSOCIATIONINC Billable Pages:2 Number of Pages:3 Comment: (Parties listed above are for Clerks referenceonly) *w Examined and Charged as Follows * OPRRECORDINGS 20.00 Total Recording: 20.00 DO NOT REMOVE.THIS PAGEIS PART OF THE INSTRUMENT ********* Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY becauseof color orrace is Invalid and unenforceable underfederal law. File Information: Record and Return To: DocumentNumber:2010-10008731 ReceiptNumber:243594 ELLIOTTRANCH RecordedDate/Time:Aprll14.201004:15:37P ORIGINALTOCUSTOMER Book-Vol/Pg:BK-OPRVL-3859PG-845 SANMARCOSTX78666 User/ Station: R Robinson-Cashering #1 State ofTexas County of Hlays I ereby eeriry lierthix insirumenl wan filed for recrd iu mny umea on tse date and lime sumped horeon und wns iecoided on the volume und pnge o'the named nocords otHays County.Texas hrdaCuthe Lindn C Fritachg County Clerk

1008731P3898%2 STATEOFTEXAS COUNTYOFHAYS AMENDMENTTOAMENDEDANDRESTATEDDECLARATIONOF COVENANTSANDRESTRICTIONSFORELLIOTTRANCH Document reference.Rcfcrcnce is hereby made to that certain Amended and Restated Declaration of Covenants and Restrictions for Elliott Ranch, filcd as Docuiment No. HC9905970 at Volume 1512, Page supplements thereto filed of record, theDeclaration"). WHEREAS owners of lots subject to and govemed by the Declaration are autornatically made members of thc Elliott Ranch Homeowners Association, Inc.(the"Association),which has bcen incorporated as a Texasnon-profitcorporation; WHEREAS the Transfer Date, as defined in the Declaration, has not occurrcd, and as such Article 14, sub-Article (a)(@) of the Declaration pernits the Declaration to be armiended with the support of members holding at least cighty percent (80%) of the votes present, in person or by proxy, at a meeting of the Association called for the purpose of considering such an amendnent, so long as a quorum of at least sixty pcrcent (60%) of the total votes in the Association is present at such meeting; and WHEREAS the amendment contained herein was approved by the members of the Association in accordance with the procedures and requirements sct forth in Article 14, sub-Article (a)(i) of the Declaration; THEREFORE the Declaration has been, and by these presents is, amended as provided below. By amending and restatimg Article 5. Section (d) (Setback Reguirements) so that it reads in its cntirety as follows: "(d)Setback Requirements. No dwelling or other Improvements (other than fences and landscaping as provided herein) shall be construcled or permitted on any Lot within the building setbacks. The building setbacks are as set forth below. Elliott Ranch,Phases One, Two and ThreeThe building sctbacks for Elliott Ranch Phase One, Elliott Ranch Phase Two, and Elliott Ranch Phase Three, are as set forth in the plal(s) for each (of those Phases.1-3, and in:any Supplemental Declaration(s) filediof record and pertaining to those Phases 1-3. Elliott Ranch Phase Four are 15 feet from the side property line, 30 feet from the rear property line, and 75 feet from the front property line.The foregoing notwithstanding, Lots4through8,BlockA,Lots2,3,4and17,BlockB,and Lots6,7,8,16,17and18, Block C, all of Elliott Ranch Phase Four, are all subject to a front building setback of 1oo feet from the front property line, as is providcd and cstablished in that certain Correction Third Supplemental Declaration and Third Amendment to Amended and Rcstated Declaration of Covenants, Conditions and Restrictions for Elliott Ranch, filed as

BK Vol 10008731PR 3859 847 Document No.05020929 at Volumc 2731,Page 36,in the Official Public Records of Hays County, Texas." Subject solely to thc amendmenit contained herein, the Declaration remains in full force and effect. ELLIOTTRANCHHOMEOWNERSASSOCIATION,INC. Certification I, the undersigned, in my capacity as President of the Elliott Ranch Homeowners Association, Inc, do hereby certify that the amendment contained herein was approved by vote of the Association's members in compliance with the procedures set forth in the Declaration for suchamendment. By. CEERLANASSN Title: President Acknowledgement STATEOF TEXAS COUNTY OFTYAWIS J3m_ day or Npn) This instrument was executed before me on the ciEryAnderson 2010,by in thecapacitystated above. Buidcetfuzocyous BRIDGETS.GREGORY Notary Public,State of Texab NotaryPublic,StateotTexas MyCommissionExpires October24,2012 Afterrecordinelplcascreturnto: Niemann & Heyer, L.L.P. AttorneysAtLaw WestgateBuilding,Suite313 1122 Colorado Street Austin,Texas78701 Filcscryer:CLIENTS:ElliottRanch:DeclAmendPhs4Setbacks8-09Bxccute.doc