DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

OF

WESTWOOD SUBDIVISION - SECTION 7

LUMBERTON, TEXAS

THE STATE OF TEXAS

COUNTY OF HARDIN

WHEREAS, WESTWOOD VII LUMBERTON, LTD., a Partnership, of Hardin County, Texas, and DJM CONTRACTORS, LTD. a partnership are the owner in fee simple of all lots of WESTWOOD SUBDIVISION - Section 7, a subdivision in Lumberton, Hardin County, Texas, the map or plat of which is filed in volume 4, page 14 Official Public Records of Real Property, Hardin County, Texas; and

WHEREAS, in consideration of the advantages to be derived there from, WESTWOOD VII LUMBERTON, LTD., and DJM CONTRACTORS, LTD. have agreed to restrict all of the above described lots as to the nature of improvements to be erected thereon and the purposes for which they shall be used and will convey said lots subject to the protective restrictions, covenants, conditions, reservations and easements hereinafter set forth.

NOW, THEREFORE, WESTWOOD VII LUMBERTON, LTD. and DJM CONTRACTORS, LTD., in consideration of the premises do hereby agree and declare that the above described lots from this date shall be held, sold and conveyed subject to the following restrictions, covenants, conditions, reservations and easements, which are for the purpose of protecting the value and desirability of, and which shall run with, said lots and shall be binding on all parties having any right, title or interest in or to said lots or any part thereof, and their heirs, successors, and assigns, and which restrictions, covenants, conditions, reservations and easements shall inure to the benefit of each owner thereof. As used herein the term "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot or portion of a lot, including contract sellers and contract buyers thereof.

1. RESIDENTIAL USE: All lots and property therein shall be used for single-family residential purposes only, except lots determined by the Architectural Control Committee to be commercial.

2. SINGLE FAMILY DWELLINGS: No multiple residential structure(s) shall be constructed, placed or permitted on any lot unless the Architectural Control Committee grants approval. Residential structures placed on lots must be detached single-family dwellings. No residential structure shall be permitted on any lot other than one (1) detached single-family dwelling not to exceed two (2) stories in height, with a private garage for not more than three (3) cars, and with such other outbuildings as are merely incidental to the residential use of such lot and are not inconsistent with the other provisions hereof. Carports or other awning type attachments to the residential structure are only permitted behind the primary residence.

3. SIZE OF DWELLINGS: All lots in Westwood Section VII are hereby restricted so that no dwelling shall be permitted thereon in which the living floor area of the main structure, including enclosed utility and storage rooms which are an integral part of the main dwelling, but exclusive of garages and porches, shall be less than 1300 square feet.

4. CONSTRUCTION: All lots are hereby restricted so that all dwellings shall be constructed on a concrete slab and the bottom story must consist of at least 50% brick. Driveways on all lots must be concrete from the garage to the street. Construction of dwellings must be completed within 180 days from the commencement of construction. Commencement of construction is defined for purposes of this paragraph as the first day building materials of any type are placed on the lot.

5. IMPROVEMENTS: No improvements shall be permitted on any lot nor shall any exterior addition to, or change or alteration therein be made until the plans and specifications therefor showing the nature, kind, shape, height, materials and location of same have been approved by the Architectural Control Committee as to such things as quality of workmanship and materials and harmony of external design and location in relation to surrounding structures and topography, overall general appearance and conformity with the provisions hereof.

6. PARKING: No trucks (except for noncommercial passenger trucks having a manufacturer's rated carrying capacity of three quarter (3/4) ton or less), boats, boat trailers, trailers, camping trailers, mobile homes, motor homes, recreational vehicles or similar vehicles shall be parked, placed or stored upon any lot on a permanent basis (as herein defined) in such manner as to extend beyond the front of the dwelling, or if upon a corner lot, in such manner as to extend beyond the side of the dwelling that faces the side street; nor shall any trucks (except for noncommercial passenger trucks having a manufacturer's rated carrying capacity of three quarter (3/4) ton or less), boats, boat trailers, trailers, camping trailers, mobile homes, motor homes, recreational vehicles or similar vehicles be parked, placed or stored in the street or streets abutting or adjoining any lot on a permanent basis (as herein defined). A "permanent basis", as that term is used above, shall mean any period of forty-eight (48) consecutive hours or any periods of twelve (12) consecutive hours on any two (2) consecutive days.

7. ANTENNAS AND SATELLITE DISHES: No exterior television or radio antennas of any sort, including but not limited to satellite dish antennas and an aerial for a master antenna system, should any such master system require any such exterior antenna, shall be placed, allowed or maintained upon any lot in such a manner as to extend beyond the front of the dwelling, or if a corner lot, in such manner as to extend beyond the side of the dwelling that faces the side street. Prior written consent from the Architectural Control Committee is a prerequisite to the placing of any such items elsewhere upon any lot.

8. BUILDING SETBACK: No dwelling or permitted accessory building shall be located nearer to the front lot line or nearer to the side street line than the building setback lines shown on the recorded plat.

9. LOCATION OF BUIDINGS: No dwelling, which does include detached garages or other permitted accessory buildings, shall be located nearer than five feet (5') to the interior or rear lot line.

10. USED BUILDINGS: No existing or used dwellings or permitted accessory buildings shall be moved and placed on any of the above-mentioned lots from another location and all dwellings and permitted accessory buildings must be new construction.

11. RE-SUBDIVISION OR CONSOLIDATION OF LOTS: No lot shall be re-subdivided or consolidated with any another lot or building plot, nor shall any dwelling be permitted on any re-subdivided or consolidated lot or building plot, without the approval of the Architectural Control Committee having been first obtained.

12. ARCHITECTURAL CONTROL COMMITTEE: The Architectural Control Committee shall give or withhold approval (as in the judgment of said Committee is proper) of all matters set out herein requiring its approval. The Architectural Control Committee shall consist of two (2) members. Approval of any two (2) members of the Committee shall constitute Committee approval. The original Architectural Control Committee shall be composed of Thomas F. Cormier and Dennis Williams. In the event of death or resignation of any member of the original Architectural Control Committee, the remaining members or member for a period of fifteen (15) years from the date of this instrument shall have full authority to designate a successor or successors. After a period of fifteen (15) years from date of this instrument, Thomas F. Cormier and Dennis Williams, shall automatically cease to be members of the Architectural Control Committee and all of the then recorded owners of a majority of said lots above described as originally subdivided on the map referred to above shall have the power through a duly recorded written instrument to appoint new Architectural Control Committee members, and after a new Committee is appointed, to change the membership of the Committee, or to withdraw from the Committee or restore to it any of its powers and duties, and during such ten-year period they shall have this same power should all of such original Committee members die or resign and not be replaced by the remaining Committee members or member. The approval or disapproval of the committee, as required in the provisions hereof, shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within forty five (45) days after materials have been submitted to it in writing for approval, or in the event the Committee does not exist, approval will not be required, but such failure will not affect the rights of others to exercise the rights herein established should such matters constitute violations of the provisions hereof. Submitting a matter in writing must be done by delivery of the writing by certified mail to the Committee at the office of Westwood VII Lumberton, Ltd., P.O. Box 8702, Lumberton, Texas 77657. This address may be changed from time to time by the Committee through recording an instrument in the Official Public Records of Real Property of Hardin County, Texas, stating the new address.

13. LIVESTOCK, POULTRY AND PETS: No animals, cattle, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and they do not become a nuisance or annoyance to the neighborhood.

14. BUSINESS USE OF PROPERTY: No professional, business, commercial activity, activity engaged to raise funds, or activity engaged for profit, shall be conducted on said premises, except for lots determined to be commercial by the Architectural Control Committee. Specifically excluded from this provision is the right to have one (1) “garage” sale annually per residence.

15. TRASH: No lot shall be used or maintained as a dumping ground for trash, refuse, rubbish, garbage or other waste. Trash, garbage or other waste shall not be kept except in sanitary containers.

16. SIGNS: No signs of any kind shall be displayed to the public view on any lot except one (1) sign of not more than five (5) square feet advertising the property for sale, or signs used by a builder and his suppliers in advertising the property during the construction and sales period.

17. MINING OPERATIONS AND PIPPELINE EASEMENTS: No oil or natural gas drilling, oil or natural gas development operations, oil or natural gas refining, quarrying or mining operations of any kind shall be permitted upon any lot, nor shall oil or natural gas wells, tanks, pipelines, tunnels, mineral excavations or shafts be permitted upon any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. The language of this paragraph is not intended to prohibit normal utility pipes or lines of various sorts within the subdivision covered hereby.

18. LOUD, BOISTEROUS, NOXIOUS OR OFFENSIVE ACTIVITIES: No loud, boisterous, noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance, nuisance or hazard to the neighborhood. The use or discharge of firearms is prohibited on these premises.

19. VEHICLE, MACHINERY AND EQUIPMENT REPAIRS: No major repairs, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted on any lot or in any street, drive, driveway or yard adjacent to a street.

20. CONDITION OF LOTS: All lots shall be kept in a neat and orderly condition, grass and weeds shall be cut regularly and trash, junk, junk cars and refuse shall not be kept or allowed on any lot, nor shall unsightly articles, objects or things be placed thereon. No storing on a permanent basis, except during the installation periods, shall be permitted on any lot. "Permanent bases" is defined above.

21. FENCES AND HEDGES: No wall, fence or hedge shall be erected or maintained nearer to the street than the building set back line existing on such lot. No side or rear wall, fence, or hedge shall no more than eight (8) feet high. Any wall, fence or hedge erected on a lot by “owner” or his assigns shall pass ownership with title to the property and it shall be owner’s responsibility to maintain said wall, fence or hedge.

22. ROADWAY LIGHTING: Each Owner will be responsible for his or her allocated share of the monthly cost of roadway lighting, and will be billed for such share by the electricity provider as a part of the Owner’s monthly electric bill.

23. CASUALTY: If all or any portion of a residence is damaged or destroyed by fire or other casualty, the Owner thereof shall with all due diligence rebuild, repair or reconstruct such residence in a manner that will substantially restore it to its appearance and condition immediately prior to such casualty. Reconstruction will be undertaken within three (3) months after the damage occurs and will be completed within twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the Owner or Owners.

24. MISCELLANEOUS: No lot shall be used for vicious, illegal or immoral purposes, nor for any purpose in violation of the laws of the State of Texas, or of the United States or ordinances of the City of Lumberton.

25. EASEMENTS AND ELECTRICAL AND TELEPHONE SERVICES: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. No building of a permanent nature may be erected over and above said easements. Where electrical and telephone service on said lots is underground, the utility companies are hereby given and granted the right to cross each lot or building site from the utility easements shown on said recorded plat to serve the improvements as permitted herein to be placed thereon by the owners thereof. No excavations, structures, trees or other obstructions shall be permitted on or over such underground service lines. No authorized entity using such easements shall be liable for any damage done by such entity to shrubbery, trees, flowers or other property of the owner situated within any such easement.

26. ENFORCEMENT: If there is a violation of, or an attempt to violate, any of the provisions hereof, it shall be lawful for any person, partnership, corporation or other entity owning any lot above described, portion thereof, or interest therein, or the owner of said pipeline easement, or any one (1) member of the Architectural Control Committee on behalf of any or all such parties with legitimate complaints, whether or not arising from ownership of any such lot, portion thereof or interest therein, to prosecute any proceedings at law or in equity or both at law and in equity against the person, persons, corporation, corporations or other entity or entities violating or attempting to violate any of the provisions hereof and either to prevent him, them or it from so doing or to recover damages or other dues from such violations or both, damages to including reasonable and necessary attorney's fees incurred in prosecuting same; provided, however, that proceedings at law or in equity or both to prevent violations hereof or for damages or theory dues or both for a violation hereof shall be begun within one (1) year from the date such violation was first committed and not thereafter. Failure to enforce any of the provisions hereof shall in no event be deemed a waiver of the right to do so thereafter.

27. SEVERABILITY: Invalidation of any one of the provisions hereof by judgment or court order shall not affect any other provisions hereof, and all other such provisions shall remain in full force and effect.

28. HEADINGS: Headings in this instrument are not to be considered in interpreting the meaning of the other language herein.

29. DURATION AND AMENDMENT: The provisions hereof are to run with the land and shall be binding on the undersigned and all persons claiming under it until January 1, 2018, at which time the provisions hereof shall be automatically extended for successive periods of ten (10) years, unless all of the then recorded owners of at least 150 of the 395 lots above described and as originally subdivided on the map referred to above agree in writing to amend the same in whole or in part. Prior to January 1, 2018, the provisions of this instrument may be amended by all of the owners of not less than 150 of the 395 lots above described and as originally subdivided on the map referred to above agreeing in writing such such an amendment, except that no such amendment prior to January 1, 2018 shall be effective if when such amendment is to be accomplished WESTWOOD VII, LTD., or its successor as developer still owns one (1) or more of the 395 lots and does not consent to such amendment. No such amendment shall be effective until recorded in the Official Public Records of Real Property of Hardin County, Texas.