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FIRST AMENDMENT TO

KELLIWOOD TERRACE, SECTION ONE

RESTRICTIONS

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF FORT BEND

WHEREAS, on or about the 26th day of June, 1989, Willow Park Associates, Ltd., a

Texas Limited partnership ("WPA"), being the owner of certain property in Fort Bend

County, Texas, did cause to be placed of record certain Kelliwood Terraces Section One

(1) Restrictions, filed at Fort Bend County Clerk File No. 8932606, Film Code Record

No 2135-2518 and at Harris County Clerk File No M199796; and

WHEREAS, WPA desires to amend and modify said Restrictions. ••

NOW, THEREFORE, it is agreed as follows, that the Kelliwood Terrace, Section One (1) Restrictions are amended as hereinafter set forth:

  1. The maintenance fund referred to in paragraph 21 of the Restrictions shall not be used to construct streets, cul-de-sacs, esplanades, alley-ways, the development of vacant lots for sale, or any other similar capital improvements; provided, however, this amendment and modification to paragraph 21 shall not prohibit the use of said funds for the initial landscaping and subsequent maintenance of landscaping of cul-de-sac Islands, esplanades, right-of-ways, parks and other common areas within Kelliwood Terrace.

  2. The initial assessment for the lots covered by the Restrictions shall be Three Hundred Dollars ($300.00) per year for the calendar year 1989, and shall be due and payable as set forth in paragraph 21 of the Restrictions. Thereafter, the assessment may be increased as provided in the Restrictions.

  3. Other than the foregoing amendments, the Kelliwood Terrace, Section One (1) Restrictions shall remain in full force and effect as written..

This Agreement is executed in multiple counterparts, with multiple signatures, all of which shall have the same force and effect.

EXECUTED this 18th day of September, 1989

                                                                                             BACK--SEC ONE:

(this 1st amendment to KT section 1 was copied by Tim & Sam Simmons, and any changes from the original on file in the county clerk's office are accidental.)

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