"Board" shall mean and refer to the Board of Directors of the Association.

                        "Common Area" shall mean and refer to those areas within the Property which have been or    
                        may in the future be conveyed to, or leased by, the Association or held for the benefit of one or 
                        all the Owners as determined by the Board in its sole discretion, including, without limitation, all 
                        streets and easements for landscaping, drainage, or irrigation, and all fencing, detention ponds 
                        or lakes, signage located within the Property, sidewalks, or other portions of the Property.  The 
                        Common Area may be owned and improved by the Association, but held for the use and 
                        enjoyment of one or all the Owners.  Declarant may reserve from any Common Area conveyed 
                        to the Association any easements, rights, or privileges over, across or through such Common 
                        Area for the benefit of Declarant and/or any third party.  Specifically, by way of example and not 
                        limitation, Declarant may reserve easements for drainage over and across Reserve A of the 
                        Subdivision for the benefit of Declarant and/or any third party.

                        "Condominium Lot " shall mean any Additional Property added to this Declaration pursuant to 
                        Section 9.01 on which a condominium regime is established.

                        “Condominium Unit” shall mean an individual unit within any condominium regime which is 
                        established on the Condominium Lot; provided, however, that neither Declarant nor any 
                        subsequent owner of the Condominium Lot shall have any obligation to establish or cause to be 
                        recorded such condominium regime.

                        "Declarant" shall mean Lakes of Jersey Village of Texas, Ltd., a Texas limited partnership, its 
                        successors or assigns; provided that any assignment(s) of the rights of Lakes of Jersey Village 
                        of Texas, Ltd., as Declarant, must be expressly set forth in writing and the mere conveyance of 
                        a portion or all of the Property without written assignment of the rights of Declarant shall not be 
                        sufficient to constitute an assignment of the rights of Declarant hereunder.

                        "Declaration" shall mean this instrument as it may be amended from time to time.

                        "Design Guidelines" shall mean the design guidelines, if any, adopted by the Design Review 
                         Committee pursuant to this Declaration, as such Design Guidelines may be amended, 
                         modified, or restated from time to time.

                        "Design Review Committee" shall mean the committee created pursuant to this Declaration to 
                         establish Design Guidelines, to review and approve plans for the construction of Improvements 
                         upon the Property, and to carry out its duties as set forth in the Declaration.

                        "Improvements" shall mean every structure and all appurtenances of every type, whether 
                         temporary or permanent, including but not limited to buildings, outbuildings, sheds, patios, 
                         tennis courts, swimming pools, garages, driveways, storage buildings, sidewalks, gazebos, 
                         columns, signs, fences, gates, screening walls, retaining walls, stairs, decks, landscaping, 
                         landscape improvements, poles, mailboxes, signs, antennae, exterior air conditioning 
                         equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, playground 
                         equipment (including residential recreational sports facilities), and poles, pumps, wells, tanks, 
                         reservoirs, pipes, lines, meters, antennae, towers, and other facilities used in connection with 
                         water, sewer, gas, electric, telephone, regular or cable television, other utilities, or otherwise.

“ Lake ” shall mean Reserve A as reflected on the Plat.

                        “Lakefront  Lots” shall mean Lots 1-3, 39-54, and 57-62, Block 4 of the Subdivision.

                        " Lot " or "Lots" shall mean one or more of the subdivided lots within the Property other than      
                         Common Areas. 

                        "Mortgage" or "Mortgages" shall mean any mortgage(s) or deed(s) of trust securing        
                         indebtedness and covering any portion of the Property given to secure the payment of a debt.

                        "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage(s).

                        "Owner" or "Owners" shall mean the person(s), entity or entities, including Declarant, holding all 
                         or a portion of the fee simple interest in any Lot, but shall not include the Mortgagee under a 
                         Mortgage prior to acquisition of its fee simple interest in such Lot pursuant to foreclosure of the 
                         lien of such Mortgage.

                                                                       ARTICLE II

                                                           GENERAL RESTRICTIONS

             All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions:

             2.01.     General Restrictions.

             (a)        Height and Roof Pitch.  The Lots shall be used solely for private single family residential purposes and there shall not be constructed or maintained thereon more than one detached single family residence which shall not exceed the following height limitations and shall meet the following criteria:

                        (i)       The maximum building height shall be no more than thirty (30') measured according to the following definition:  the vertical distance between the top of the foundation at its highest point within the structure and the highest ridge, peak, or gable of a roof, excluding chimneys, cupolas, or other design features (which determination shall be made by the Design Review Committee in its sole and absolute discretion); and

                         (ii)       No roof shall have pitch less than 6/12 unless otherwise approved in advance by the  Design Review Committee; and

                        (iii)        In the event any ordinance, regulation, rule or development code of the City of Jersey Village is revised, modified or amended to permit a maximum building height greater than thirty (30) feet, the restriction on maximum building height in Section 2.01(a)(i) shall be automatically amended to conform to the maximum building height adopt in such ordinance, regulation, rule or development code.

            (b)        Garages.  Each Lot must contain a private garage for not fewer than two (2) automobiles.  All garage walls and garage ceilings associated with each single family residence must be finished out, i.e., sheet rocked, textured and painted.  The Design Review Committee may review and approve the orientation and location of each garage to be constructed on a Lot .

            (c)        Minimum Square Footage.  The minimum living area (exclusive of open or screened porches, terraces, patios, decks, driveways, and garages) for residences constructed within the Property shall be 1,750 square feet.

            (d)        Masonry Requirements.  For all Lots, the exterior walls of any residence constructed thereon shall consist of seventy-five percent (75%) masonry consisting of stone, brick, and/or stucco constructed in strict compliance with the requirements of the Design Review Committee.  Samples of all brick, stone or stucco shall be submitted to and approved in advance of construction by the Design Review Committee.  Notwithstanding the foregoing provision, the Design Review Committee shall have the authority to permit the use of wood siding in specific circumstances where the Design Review Committee determines the limited use of

wood siding to be appropriate and consistent with the design requirements established by the Design Review Committee.

            (e)        Roof Materials.  All roof materials, and roof colors, shall be expressly approved by the Design Review Committee.  All roof stacks and flashings shall be painted to match the approved roof color. 

            (f)         Setbacks.  The location of all buildings and Improvements shall comply with the minimum setbacks shown on the subdivision plat of the Property (the “Plat”), if any.  In addition to the requirements imposed by any Plat, the location of all Improvements shall comply with applicable provisions of the City of Jersey Village Development Code , and any applicable ordinances, rules, and regulations promulgated from time to time by the City of Jersey Village.  Notwithstanding any provision in this Section 2.01(f) to the contrary, no gates, fencing, or retaining walls shall be located nearer than ten feet  (10') from any Lot line adjacent to a public or private street.  Side and rear fence setbacks shall be expressly approved by the Design Review Committee prior to the erection of any fence along and adjacent to the side and rear property lines of any Lot .

            For the purpose of this restriction, eaves, steps, and open porches shall not be considered as part of the building; provided, however, that this sentence shall not be construed to permit any portion of any construction or building on any Lot to encroach upon another Lot or property.

            (g)        No Commercial Use.  No professional, business, or commercial activity to which the general public is invited shall be conducted on any Lot; provided that, in connection with its development of the Property and sale of Lots, Declarant, or Declarant’s licensees, shall have the right to maintain model homes, temporary sales and marketing centers and offices, and conduct open houses or other marketing events, to which the general public may be invited.  Notwithstanding anything in this Section 2.01(g) or the Declaration to the contrary, Owner may conduct "discreet business activities" within a single family residence constructed upon a Lot so long as the existence or operation of the business activity is not apparent or detectable by site, sound or smell from outside the residence; the business activity does not involve regular visitation of the Lot or door-to-door solicitation of residents of the Property; and the business activity is consistent with the residential character of the Property and does not violate any term or provision of this Declaration.

            (h)        Aircraft and Carport Prohibition.  No portion of the Property may be used for:  (i) the takeoff, storage, or landing of aircraft (including, without limitation, helicopters) except for medical emergencies; or (ii) a carport or other automobile storage open on more than one side.

            (i)         Leasing.  No Lot may be used as an apartment house, flat, lodging house, hotel, bed and breakfast lodge, or any similar purpose, but Lots may be leased for single family residential purposes for a minimum term of six (6) months; provided that any lease agreement must be in writing and must be made specifically subject to this Declaration.

            (j)         Windows.  All windows on each residence shall have a consistent design throughout the residence and shall strictly comply with requirements established by the Design Review Committee.

            (k)        Driveways and Culverts.  The design, construction materials, and location of:  (i) all driveways; and (ii) culverts incorporated into driveways for ditch or drainage crossings, shall be approved by the Design Review Committee.  Driveways shall be a minimum of ten feet (10') in width at their narrowest point.  No asphalt driveways shall be permitted.  The Design Review Committee may establish design and materials requirements for all driveway culverts to insure that they are consistent in appearance throughout the Property.

            (l)         Mailboxes.  Each of two (2) adjacent Lots shall share a common mail receptacle which shall consist of two (2) mailboxes installed on a single post.  The Design Review Committee shall determine the location of each common mail receptacle and shall specify the Lots sharing such receptacle.  Each mailbox shall be of a design and color approved in advance by the Design Review

Committee.  Each Lot Owner shall be responsible for the installation, maintenance and replacement of the mailbox serving such Owner’s Lot .

            (m)       Sidewalks.  Prior to the occupancy of any residence located upon a Lot, a sidewalk four feet (4') in width and parallel and adjacent to the street curb shall be constructed in a location approved in advance by the Design Review Committee.  The sidewalks shall abut the full width of the Lot and on Lots that abut more than one street, the sidewalk shall extend the full depth of the Lot up to the street curb at the corner.  The sidewalk shall be constructed in accordance with specifications established by the Design Review Committee.  Notwithstanding anything in this Section 2.01(m) to the contrary, this provision shall not obligate any Owner to construct a sidewalk parallel and adjacent to Jersey Meadow Drive .

            (o)        Apparatus Screening.  No air-conditioning apparatus shall be installed on the ground in front of a residence or on the roof of any residence.  Installed air-conditioning apparatus and ancillary permanent mechanical equipment located on each Lot shall be screened so as not to be visible from any Lot or any street located within or adjacent to the Property.  Screening shall consist of a masonry wall or wood fencing and/or landscaping to be determined and approved in advance by the Design Review Committee.  No window air-conditioning apparatus or evaporative cooler shall be attached to any front wall or front window of a residence or at any other location where such would be visible from any street.

            (p)        Construction Hours.  Construction of any Improvements shall be restricted to the hours of 7:00 a.m. to 8:00 p.m. , Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays.

            (q)        Mandatory Landscaping. 

                                    1.         General Lot Requirements.  The landscaping on each Lot shall include the 
                        installation of at least two (2) trees in the front yard, unless otherwise approved by the Design 
                        Review Committee; provided, however that no single tree shall be considered in compliance with 
                        this sub-section if such tree is less than three inches (3") inches in diameter.  In addition, the 
                        Design Review Committee may require additional landscaping consisting of flowering plants and 
                        shrubs in the front, side and back yards of each Lot .

            2.         Corner Lot Requirements.  On a Lot which abuts two (2) streets within the Property, i.e., a corner Lot, the landscaping on such Lot shall include the requirements of 2.01(q)1 above and shall also include the installation of at least two (2) trees in the side yard which abuts a street, unless otherwise approved by the Design Review Committee; provided, however that no single tree shall be considered in compliance with this sub-section if such tree is less than three inches (3") inches in diameter.

            3.         Lakefront Lots.  For each Lakefront Lot, the landscaping shall include the requirements of 2.01(q)1 above and shall also include the installation of at least two (2) trees in the back yard of the Lot, unless otherwise approved by the Design Review Committee; provided, however that no single tree shall be considered in compliance with this sub-section if such tree is less than three inches (3") inches in diameter.

            4.         Exceptions for Existing Trees.  The requirements of this Section 2.01(q) may be satisfied by the existence of trees which meet the criteria specified in the applicable sub-sections subsequent to construction of a single-family residence on the Lot; provided, however, that the determination of any credit for existing trees shall be determined by the Design Review Committee, in its sole and absolute discretion.

                                    5.         Required Maintenance.  Each Owner shall keep all landscaping and trees, 
                        including any trees required by this Section 2.01(q), located on such Owner’s Lot cultivated, 
                        pruned, mowed, and free of trash and debris.  The Design Review Committee or its assigns

shall be entitled to make recommendations with respect to tree disease control, whereupon the Owner or Owners to whom such recommendations are directed shall be obligated to comply with such recommendations, which may include, but not be limited to, tree removal and replacement.

            6.         Required Sod.  The front, side and back of each Lot shall be fully sodded prior to the occupancy of the residence located on such Lot .

            (r)         Fencing.  No fence or retaining wall may be constructed on the Property without the advance written approval of the Design Review Committee, which approval may include the location, design and materials of the proposed fence or retaining wall.  The Design Review Committee may adopt rules and requirements governing the location, design, and materials used for fences and retaining walls constructed on the Property to insure a consistent appearance and design.  Fences must only be constructed of tubular steel or wood as further defined in Section 2.01(r)1 and 2.01(r)2 below and as approved by the Design Review Committee.  Fencing installed by the Declarant need not comply with this provision.

                        1.         Wood Fences.  All wood fences between lots shall be six feet (6') tall and shall consist of six foot (6') pickets.  All wood fences shall comply with the Design Review Committee specifications.  No wood fence on a side yard may extend closer to the front of the lot than three feet (3') behind the main structure of the dwelling.

                        2.         Fencing on Lakefront Lots.  All fencing will be forty eight inch high (48") tubular steel along the rear property line and along the side boundary lines of each Lakefront Lot.  The fencing required by this provision shall extend from the rear property line along each side boundary line to a point adjacent to any portion of the residential structure or garage located on such Lot .  The Design Review Committee shall approve the design and placement of each fence required by this provision.

                        3.         Gates.  Unless approved in advance by the Design Review Committee, no gate may be installed in any portion of a fence located on the rear boundary line of any Lot if the rear boundary line of such Lot demarcates the perimeter boundary of the Property.

            2.02.     Antennae and Solar Systems.  Except as expressly provided below, no exterior radio or television antennae or aerial or satellite dish or disc (collectively "Antennae"), nor any solar energy system ("Solar System"), shall be erected, maintained or placed on a Lot; provided, however, that one (1) satellite dish or other similar instrument with a diameter no greater than one (1) meter may be permitted on each Lot, the location on such residence to be approved in writing and in advance of installation by the  Architectural Control Committee.  Prior to the erection of any Antennae (unless otherwise permitted by this Section 2.02) or Solar System, plans and specifications and a proposal for screening shall be presented to and a variance expressly approved by the Design Review Committee, which variance approval may be denied for any reason whatsoever.  The Design Review Committee shall have the authority to adopt rules and regulations otherwise in compliance with rules adopted by the Federal Communications Commission for the erection, use, screening, or placement of antennae and satellite dishes which are one (1) meter or less in diameter.

            2.03.     Insurance Rates.  Nothing shall be done or kept on the Property that would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area, the Association Property, or the improvements located thereon, without the prior written approval of the Board.

            2.04.     Subdividing and Easements.  No Lot shall be further divided or subdivided, nor may any easements or other interests therein covering less than the whole Lot be conveyed by the Owner thereof without the prior express written approval of the Declarant.  Notwithstanding the foregoing, two adjacent Lots may be consolidated and resubdivided as one Lot for the purposes of constructing one single-family residence and related improvements and appurtenances.  Easements for the installation and

maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.  No utility company, water district, political subdivision, or other authorized entity using the easements herein referred to shall be liable for any damage done by them or their assigns, agents, employees, or servants, to shrubbery, trees, or flowers, or any other landscaping or Improvements or to other property of the Owner situated within any such easement.

            2.05.     Signs.  No sign of any kind, including, without limitation, signs advertising property for sale or lease, shall be displayed to the public view without the express prior written approval of the Declarant except for signs that are part of Declarant’s marketing plan for the Property or any part thereof.  The Declarant may permit or prohibit signs of any type advertising a portion of the Property for sale or lease, as it elects, in its sole discretion.  Declarant intends to implement a marketing program for the Property, which shall include signs advertising property for sale.

            2.06.     Rubbish and Debris.  No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants.  Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or otherwise appropriately screened from view from any portion of the Property, other than the Lot on which such containers are properly located.

            2.07.     Noise.  No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants.  Without limiting the generality of the foregoing, if any noise or nuisance emanates from any Improvement on any Lot , the Association may (but shall not be obligated to) enter any such Improvement and take such reasonable actions necessary to terminate such noise (including silencing any burglar or break-in alarm).

            2.08.     Construction of Improvements.  No Improvements of any kind shall hereafter be placed, maintained, erected or constructed upon any of the Property without the prior written approval of the Design Review Committee.  Owners of Lots within the Subdivision are advised that Improvements of any kind that are placed, maintained, erected or constructed on said Lot must comply with the codes, rules and ordinances of the City of Jersey Village.

            2.09.     Repair of Buildings.  All Improvements upon any of the Property that are not maintained by the Association shall at all times be kept in good condition and repair and adequately maintained by the Owner thereof.   The opinion of the Design Review Committee as to condition and repair shall be final.

            2.10.     Alteration or Removal of Improvements.  Any alteration, remodeling, or construction that in any way alters or modifies the exterior appearance of any Improvements, or the removal of any Improvements within the Property, shall be performed only with the prior written approval of the Design Review Committee.

            2.11.     Drainage.  There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and approved in writing by the Design Review Committee.

            2.12.     Hazardous Activities.  No activities may be conducted on the Property and no Improvements constructed on the Property that are or might be unsafe or hazardous to any person or property.  Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, and no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces or in contained barbecue units which are attended while in use and used for cooking purposes only.

            2.13.     Temporary Structures.  No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the written approval of the Design Review Committee; provided, however, that temporary structures necessary for marketing and sales, and storage of tools and equipment and for office space for architects, builders, and foreman during actual construction may be maintained with the prior approval of Design Review Committee, such approval to include the nature, size, duration, and location of such structure.

            2.14.     Mining and Drilling.  No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.

            2.15.     Unsightly Articles: Vehicles.  No article deemed to be unsightly by the Design Review Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares.  Without limiting the generality of the foregoing, and unless otherwise approved in advance by the Design Review Committee or otherwise in compliance with the Association Rules, trailers, graders, trucks larger than a 3/4 ton pickup, boats, tractors, semi-trailers, campers, wagons, buses, motorcycles, motor scooters, machinery, garden maintenance equipment and inoperable vehicles shall be kept at all times, except when in actual use, in enclosed structures or placed in a location approved in advance by the Design Review Committee, and no repair or maintenance work shall be done on any of the foregoing or on any automobile (other than minor emergency repairs) except in enclosed garages or other structures.  Service areas, storage areas, compost piles, and facilities for hanging, drying, or airing clothing or household fabrics (including, without limitation, clothes lines) shall be screened from view from any portion of the Property other than the Lot on which such areas, piles and facilities are properly located.  Unless otherwise approved in advance by the Design Review Committee or otherwise in compliance with the Association Rules, no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scraps, refuse, or trash of any kind shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view from any portion of the Property other than the Lot on which such materials are properly located.

            2.16.     Animals.  No kennel or other facility for breeding, raising or boarding dogs or other animals for commercial purposes shall be kept on any Lot .  No poultry, livestock, horse, or exotic animal may be kept on any Lot .  All permitted animals and pets shall be kept on the Owner's Lot and shall not be allowed to roam loose.  Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the residence.  All pet waste shall be removed and appropriately disposed of by pet’s owner.  Pets shall be registered, licensed and inoculated as required by law.

            2.17.     Parking and Prohibited Vehicles.  No motor vehicles or non-motorized vehicle, boat, trailer, marine craft, recreational vehicle, machinery, or equipment of any kind may be parked or stored on any part of the Lot, easement, or right-of-way, unless such vehicle or object is completely concealed from public view inside a garage or enclosure approved in advance by the Design Review Committee.  The Design Review Committee may grant temporary permits for the parking of recreational vehicles.

            2.18.     Owner's Responsibility for Maintenance.  Each Owner shall maintain and keep in a good state of repair the interior and exterior of all buildings, structures, and other Improvements of any kind or nature that are located upon such Owner's Lot .  An Owner, when exercising the right and responsibility of repair, maintenance, replacement, or remodeling, as herein defined, shall never alter in any manner whatsoever the color and exterior appearance of the Improvements located on such Owner's Lot , except by written consent of the Design Review Committee.  Each Owner shall, however, have the exclusive right to paint, plaster, panel, tile, wax, paper, or otherwise refinish and decorate the inner surface of the walls, ceilings, floors, windows, and doors within such Owner's structure.  In the event an Owner fails to maintain the Improvements located on such Owner's Lot as provided herein in a manner that the Design Review Committee deems necessary to preserve the appearance and value of the Property, the Design Review Committee may notify such Owner of the work required and request that it be done within thirty (30) days from the giving of such notice.  In the event such Owner fails to complete such work or maintenance within said period, the Design Review Committee shall so notify the Board,and the board may (but shall not be obligated to) cause such work to be done and the Owner shall be personally liable to the Association for the cost of such work.  If the Owner fails to pay such cost upon demand, such cost (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be added to the Assessment chargeable to the Owner's Lot(s) .  Any such amounts added to the Assessments chargeable against a Lot shall be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s) .  Each such Owner shall indemnify and hold harmless the Association, its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 2.21 (including any cost, fees, expense, liability, claim or cause of action arising out of the Association's negligence in connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of action arising by reason of the Association's gross negligence or wilful misconduct.  "Gross negligence" as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.  

            2.19.     Liability of Owners for Damage to Common Area.  No Owner shall in any way alter, modify, add to, or otherwise perform any work whatsoever upon the Common Area.  The Owner of each Lot shall be liable to the Association for all damages to:  (i) the Common Area or any Improvements constructed thereon; or (ii)  to any Improvements constructed upon any Lot, the maintenance of which has been assumed by the Association; which damage is caused by the neglect, misuse or negligence of such Owner or any tenant or other occupant of such Owner's Lot or such Owner's guest or invitee.  The full cost of all repairs of such damage shall be an Assessment against the Owner's Lot , secured by a lien against the Owner's Lot and collectible in the same manner as provided in this Declaration.

            2.20.     Compliance with the Declaration.  Each Owner shall comply strictly with the provisions of the Declaration (the "Restrictions") as the same may be amended from time to time.  Failure to comply with any of the Restrictions shall constitute a violation of the Restrictions and shall give rise to a cause of action to recover sums due for damages or injunctive relief, or both, maintainable by the Declarant, the Manager or Board on behalf of the Association, or by the Design Review Committee or by an aggrieved Owner.  Without limiting any rights or powers of the Association or the Board set out in this Declaration, the Board may (but shall not be obligated to) remedy or attempt to remedy any violation of any of the provisions of this Declaration, and the Owner whose violation has been so remedied shall be personally liable to the Association for all costs and expenses of effecting (or attempting to effect) such remedy.  If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be added to the Assessment chargeable to the Owner's Lot(s).  Any such amounts added to the Assessments chargeable against a Lot shall be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in the Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s) .  Each such Owner shall indemnify and hold harmless the Association, its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 2.20 (including any cost, loss, damage, expense, liability, claim or cause of action arising out of the Association's negligence in connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of action arising by reason of the Association's gross negligence or wilful misconduct.  "Gross negligence" as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.

            2.21.     No Warranty of Enforceability.  Declarant makes no warranty or representation as to the present or future validity or enforceability of any restrictive covenants, terms, or provisions contained in the Declaration.  Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot , agrees to hold Declarant harmless therefrom.