First Amendment to Amended and Restated Declaration of Covenants and Restrictions for Elliott Ranch

FIRST AMENDMENT TO AMENDED AND RESTATED DEGL.ARATION OF COVENANTS AND RESTRICTIUNS FOR ELLIOTT RANCH THE STATE OF TEXAS COUNTY OF HAYS This Furst Amendment to Amended and Restated Declaraton of Covenants and Conditons for Ellott Ranch (this "Amendment' is made to be effective the date set forth below by ROCKLEDGE, INC , a Texas corporation ('Declarant) RECITALS By Amended and Restated Declaration of Covenants and Conditons for Elliott Ranch recorded in Valume 1512, Page 913 of the Official Public Records af Hays County. Texas (the 'Declaration*), Jim C Ellott and Dalton G Ellott, as Co-lndependent Executors af the Estate at Roy C Ellott, Deceased (the *Onginal Deciarant'), imposed cartain covenants. restrctions, charges, lens and subdivision in Hays County, Texas, according to the map or plat thereof recorded in Book B, Pages 283- 28? of the Plat Records of Hays County, Texas, ("Phase One") By First Supplemental Deciarauon ot Covenants, Conditions and Restrctions far Ellott Original Declarant added ta the scheme of the Declaraton all of the lots in Ellott Ranch, Phase Two, a subdivislon in Hays County. Texas, according to the map ar plat thereof recorded in Book 8, Pages 324- 334 of the Plat Records of Hays County. Texas, ('Phase Two") so that both Phase One and Phase Two are subject to and covered by the terms and provisions of the Declaration The Onginal Declarant sold and conveyed Phase One and Phase Two to Declarant, and by Assignment of Rights of Declarant under Declaration af Covenants, Conditions and Restrictons for Ellott Ranch recarded as Document HC 9928243 tn the Official Pubic Records of Hays County. Texas, the Onginal Declarant assigned and transfered all of the nghts af the *Declarant' under tha Declaraton to Declarant heren Declaratan, the Declaration may be amended by affimative vote of eighty percent (8o%) of the Members of the Associaton, if then incorporated, or by jont action of Declarant and the Owners of eighty percent (8o%) of the tots, if the Associaton has not been incorporated Articles of Incorporation for the jo Bulaa leoneziuebso sun na 'sexel go aes c lo aens jo Kealoos cun im pely asem oneoossy the inital Board of Directors has nat yet been held Declarant is the owner af all of the tots subjact to the terns and provisions of the Dedaration, and Declarant desires to amend the Declaraton as hereinafter set forth to pravide for the construction of undergraund electric, telephone, cable television and electronic NOW, THEREFORE, Declarant declarBs as follows The Deciaration is hereby arnended to deleted the Section (c) of Article 8 of the Declaration in its entrety and to substmute the folowing in the piace and stead thereof Page 1 of 3

(c) Electric Service The Owner of each Lot shall, at such Ownar's sole cost and expense, fumish, install, own and maintain (all in accordance with the requirements of local gavemmental authonties and the National Electrical Code) eiectncal service and hne of such Lot The company furnishing electric service shall make the necessary connection at the property lune and at the meter Notwithstanding the foregoing. all electric lunes, cables and/or condut shalt be installed and located underground from the boundary of the Lot ta the dweiling or structure served by such ine, cable andlor conduit, punorblpun yons apoid or isoo leuoppe ku ay aiqisuodse aq leus jeumo eu pue lines, cables and/or condut regardless whather the electric meter ts located at the boundary at the Lot, on the dweling ar other structure on the Lot, or atherwise Article 8 af the Deciaration.is hereby further amended to add the following as Sectian (d) thereto (d) Underground Utlity Lines All utility ines, nciuding but without imitaton, pipes, wires, cables or other devices for water, wastewater, gas, the communication or transmission of telephone, electricity. power, cable television. alectronic data or any other type of uttity service, shall be instalted, located and maintained underground and contained in pipes, conduts or cables installed and pauaap og ou eus Buiobajay au papiacd 'seinorus oyro jo sbuiping uo o Jepun 'ul Jo uononsos eun Butinp seuly suoydaier so Jemod Krejoder lo uonai eu aiyoid o the dweling upon the Lot It is further acknowedged and understood that the foregoing shall not apply to lines, wires, cables and systems far the communication or transmission of telephone, electricity, power, cable television, electronmc data or similar utities that such public utility services within the nght-of-way of any pubic street, the Pnvate Streets or any public utiity easement adjacent to cr within the Property, it betng expressly intended that such utlity services may be providad by averhead ar above ground poles. lines, wres, cables and other facilities erected, placed, tnstaled and maintained by the utity service provider Except as expressly arnended hereby, the terms and provisions to the Declaraton shall continue n full force and effect, and the same are hereby confirmed, ratfied and approved Executed by Declarant to be effectve the 31st day of March, 2000 ROCKLEDGE, INC Zora.atlit By Leon A Whitney. Prestdent Page 2 at 3

THE STATE OF TEXAS County OF This tnstrument was acknowledged before me on this the day of 2000, by Leon A Whtney, as President of ROCKLEDGE, INC , a Texas corporation, on behalf of sald corparation Notary Public, State of Texas AFTER RECORDING, PLEASE RETURN TO. R. Alan Haywood, Esq. Graves, Dougherty, Hearan & Moody, P C. Post Office Box 98 Austin, Texas 78767March 31, 2000 page 3 of 3