Amenity Center Easement and Maintenance Agreement and Common Road Maintenance Agreement (LWE / LWE II)

Faithful transcription of a 15-page scanned recorded instrument (Denton County Instrument No. 25874, recorded February 11, 2021, 02:37 PM). Original spelling, capitalization, numbering and punctuation are preserved, including apparent typos. Editorial notes appear in [square brackets]. The agreement's own footer pagination runs "Page 1 of 14" through "Page 14 of 14"; the county cover sheet is image page 1. Underlined text in the original is shown with <u> tags.

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[Image page 1 — Denton County recording cover sheet]

Denton County Juli Luke County Clerk

Instrument Number: 25874

ERecordings-RP

AGREEMENT

Recorded On: February 11, 2021 02:37 PM — Number of Pages: 15

" Examined and Charged as Follows: "

Total Recording: $82.00

*********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

File Information:

• Document Number: 25874
• Receipt Number: 20210211000583
• Recorded Date/Time: February 11, 2021 02:37 PM
• User: Melissa K
• Station: Station 24

Record and Return To: Simplifile

[County seal: Denton County, Texas, 1846] STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX

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AMENITY CENTER EASEMENT AND MAINTENANCE AGREEMENT AND COMMON ROAD MAINTENANCE AGREEMENT

This Amenity Center Easement and Maintenance Agreement (the Agreement) is made and entered into to be effective as of the 1st day of January, 2021, by and among Lewisville Water's Edge Condominiums Owner's Association, Inc., a Texas Non-Profit Corporation (the "Lot 1 COA"), and Lewisville Water's Edge II Condominiums Owner's Association, Inc., A Texas Non-Profit Corporation (the "Lot 2 COA") and MMM Holdings, L.P., A Texas Limited Partnership by and through its General Partner, MMM Ventures, LLC, A Texas Limited Liability Company (the "Lot 2 Declarant").

RECITALS:

WHEREAS, Lot 1 COA is the owner of all of the real property described on the Final Plat of Lewisville Waters Edge, Cabinet W, Page 624, filed of record on October 19, 2005 that is contained in Lot 1, Block A, Lewisville Water's Edge, Denton County, Texas

WHEREAS, Lot 2 COA is the owner of all of the real property described on the Final Plat of Lewisville Waters Edge, Cabinet W, Page 624, filed of record on October 19, 2005 that is contained in Lot 2, Block A, Lewisville Water's Edge, Denton County, Texas

WHEREAS, Lot 1 COA which is subject to the certain Declaration of Water's Edge Condominiums for Lewisville Water's Edge Condominium Owner's Association, Inc., recorded on December 16, 2004 in Instrument Number 2004-161859, Denton County Real Property Records, Denton County, Texas

WHEREAS, Lot 1 COA which is subject to the certain Amended and Restated Condominium Declaration for Water's Edge Condominiums, recorded on May 4, 2007 in Instrument Number 2007-52791, Denton County Real Property Records, Denton County, Texas

WHEREAS, Lot 1 COA which is subject to the certain Amended and Restated Condominium Declaration for Water's Edge Condominiums, recorded on December 31, 2011 in Instrument Number 2011-124813, Denton County Real Property Records, Denton County, Texas

WHEREAS, Lot 1 COA which is subject to the certain First Amendment to Amended and Restated Condominium Declaration for Water's Edge Condominiums, recorded on September 27, 2013 in Instrument Number 2013-120000, Denton County Real Property Records, Denton County, Texas

WHEREAS, Lot 1 COA which is subject to the certain Second Amendment to Amended and Restated Condominium Declaration for Water's Edge Condominiums, recorded on February 3, 2014 in Instrument Number 2014-9228, Denton County Real Property Records, Denton County, Texas

[Footer, repeated on every agreement page:] Amenity Center and Maintenance Easement Agreement for Lewisville Water's Edge Condominium Homeowners' Association Inc., Denton County, Texas and Lewisville Water's Edge II Condominium Owners' Association Inc., Denton County, Texas — Page 1 of 14

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WHEREAS, Lot 2 COA which is subject to the certain Declaration for Water's Edge II Condominiums, recorded on February 11, 2021 in Instrument Number 25819, Denton County Real Property Records, Denton County, Texas, and

WHEREAS, Lot 1 & 2 COA's are subject to the road and utility easement more accurately described as: Road and Utility Easement Agreement, dated: January 15, 2004, executed by: Cecil C. Graham and Mary Jo Harpstrite Graham and Lewisville Water Edge LP, recorded on January 21, 2004 under Clerk's File No. 2004-8127, and as affected by those covenants contained in Instrument Number 2007-48732, Real Property Records, Denton County, Denton County, Texas, and

WHEREAS, the Lot 1 COA desires to create, grant (and convey for the mutual benefit for the Lot 1 COA) and the Lot 2 COA and their respective members, a joint license and easement to for the purpose of access and use (the "Access and Use Easement") of that certain pool area, pool equipment, and Clubhouse (aka Lakehouse), (the "Amenity Center") located within a portion of Lot l, Block A of Lewisville Water's Edge, as shown on the Final Plat of Lewisville Water's Edge, recorded in Cabinet W, Page 624 of the Plat records of Denton County, Texas, as more particularly depicted on Exhibit "B" attached hereto and incorporated herein by reference (the "Amenity Center Area's"), subject to the terms and restrictions set forth herein; and

WHEREAS, the Lot 1 COA desires to establish easements and assign liability for the maintenance, replacement and/or repair of (the Amenity Center and related improvements, including without limitation, furniture, fixtures, equipment and other real and non-realty personalty property required to own and operate the Amenity Center (the "Common Improvements"), as more specifically described on Exhibit "A" attached hereto and incorporated herein by reference, and

NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lot 1 COA, Lot 2 COA, and Declarant for Lot 2, hereby declares as follows:

1. Access and Use Easement. Lot 1 COA does hereby create, grant and convey to and for the benefit of the Lot 1 COA and the Lot 2 COA and their respective members, their guests, invitees and/or permittees, and their respective successors and assigns (the "Benefitted Parties"), a non-exclusive easement and right-of-way (the "Access and Use Easement") under, along, over and across the Amenity Center Area the purpose providing the Benefitted Parties for the purpose of access, ingress and egress and use of the Amenity Center and Common Improvements. The Access and Use Easement granted herein shall constitute a covenant running with the land and benefiting the property subject to the Lot 1 COA recorded Restrictions and the Lot 2 COA recorded Restrictions, and the Benefited Parties and its/their successors and/or assigns, and shall burden the Amenity Center Area, and shall bind the owners thereof until release, expiration or termination of

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such Access and Use Easement, as applicable, and subject to the terms, covenants, conditions and restrictions set forth herein.

TO HAVE AND TO HOLD the above-described Access and Use Easement unto the Benefited Parties, their successors and assigns forever (subject to the terms hereof and any easements, covenants, conditions, restrictions or other matters of record).

2. Maintenance Easement. Lot 1 COA does hereby create, grant and convey to and for the benefit of the Lot 1 COA and the Lot 2 COA, and their respective officers. directors; agents, contractors, employees, Licensees and/or permittees (collectively, the "Permittees") a non-exclusive easement and right-of-way (the "Maintenance Easement") under, along, over and across the Amenity Center Area for the purpose of performing their respective obligations to maintain, replace and/or repair the Common Improvements located within (the Amenity Center Area and which are part of the Amenity Center; provided that in no event shall the use of the Maintenance Easement by the Lot 1 COA and the Lot 2 COA or their Permittees unreasonably interfere with the primary use of the Amenity Center and/or Common Improvements by the Benefitted Parties pursuant to the Access and Use Easement granted hereby. The Maintenance Easement granted herein shall constitute a covenant running with the land and benefiting the Lot 1 COA and the Lot 2 COA, and their respective Permittees, and shall burden the Amenity Center Area, and shall bind the owners thereof until release, expiration or termination of such Maintenance Easement, as applicable. Furthermore, it agreed that the responsibility of maintenance for that portion of Water's Edge Dr. entrance gate systems and controls, entrance area landscape and monument sign situated on LOT 2 up to the LOT 1 Property Line shall be shared 50/50 and controlled by the road and utility easement more accurately described as: Road and Utility Easement Agreement, dated: January 15, 2004, executed by: Cecil C. Graham and Mary Jo Harpstrite Graham and Lewisville Water Edge LP, recorded on January 21, 2004 under Clerk's File No. 2004-8127, and as affected by those covenants contained in Instrument Number 2007-48732, Real Property Records, Denton County, Denton County, Texas.

3. Maintenance of Common Improvements; Cost Sharing.

(a) In exchange for the mutual consideration between the parties, the Lot 1 COA, by and through its Board of Directors (initially, the "Responsible Party"), shall be the party primarily responsible for the maintenance, repair and/or replacement of all Common Improvements which are part of the Amenity Center located within the Amenity Center Area (the "Maintenance Obligations"), and the Responsible Party may delegate its obligations and duties hereunder to perform the Maintenance Obligations to a property management company or other third party; subject to the right of the Lot 2 COA, by and through its Board of Directors (initially, the "Non-Responsible Party") to perform such Maintenance Obligations in accordance with the terms Section 4(d) hereof. The Responsible Party shall be responsible for the maintenance, replacement and repair of the Common Improvements (including maintenance and repair of any expansion thereof) located within the Amenity

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Center Area. The maintenance shall include the occasional replacement of pool furniture as needed from normal and ordinary wear and tear, bathroom fixtures from normal and ordinary wear and tear, and other fixtures associated with the club house including any appliances, fixtures, and maintenance items including flooring, locks, windows, paint, and upkeep while also being inclusive of appliances as needed.

(b) The Lot 2 COA shall be liable and responsible for the Lot 2 COA's Pro-Rata Share (as defined below) the costs and expenses incurred by the Responsible Party in connection with satisfaction of its Maintenance Obligations pursuant to this Agreement. The "Lot 2 COA's Pro-Rata Share" (herein so called) shall be a maximum of (i) 42% of the annual budget for the amenity center as calculated by Lot 1 COA's Board of Directors. (ii) Lot 1 COA shall be responsible for at least 58% of the annual budget for the amenity center as calculated by Lot 1 COA's Board of Directors. Lot 1 COA shall invoice Lot 2 COA each year between December 1, and December 31 of each respective year beginning December 1, 2021. Lot 2 COA shall pay the pro-rata amount of up to 42% of the total budgeted amount for maintenance and operation of the amenity center as approved by the Lot 1 COA by assessing a 1% fee of the total annual budgeted amount per occupied unit. An occupied unit is defined as a unit in Lot 2 that has been sold at least one time from the Declarant. Once a unit has been sold and has an owner that is not the Declarant; then the annual 1% fee shall be assessed annually. Lot 2 COA shall give notice to Lot 1 COA by November 15 of each respective year the number of units that are occupied per this agreement.

(c) The fiscal year for the amenity center agreement shall run from January 1- December 31 of each respective year. If the budgeted amount from the previous year is either higher or lower than the actual amounts expended for the maintenance and operation of the amenity center; then Lot 1 COA shall give an accounting each year of the actual amounts expensed compared to the budgeted amounts for the year and the Lot 1 COA shall either credit or invoice for the difference along with the new budgeted amount for the next successive fiscal year. Where any unforeseen repairs, acts of nature or uncovered insurance deductibles are incurred by Lot 1 COA, said costs will be shared 50/50 by Lot 1 COA and Lot 2 COA. The Lot 2 COA's share shall be paid by February 15 of the immediate year following the invoice given by the Lot 1 COA in the previous December month. Any amounts not paid by February 15 of the year invoiced shall be delinquent and Lot 1 COA shall give a written notice to Lot 2 COA to cure its delinquency within 15 days of receipt of delinquent notice. All amounts due under this agreement are obligated to be paid by the Responsible Party whether or not any resident of the Lot 2 COA or Lot 1 COA makes actual use of the Amenity Center Area or Common Improvements therein and without regard to the condition or availability of the Amenity Center or any Common Improvements.

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[Editorial note: the instrument has no paragraph numbered "4"; numbering runs 3(a)–(c), then (d)–(e) below, then 5. Section 3(a) cross-refers to a "Section 4(d)", which therefore does not exist as numbered; the closest provision is 3(d) below.]

(d) If the Lot 2 COA fails to timely deliver the Lot 2 COA's Pro-Rata Share, or any other amounts due hereunder (including, without limitation, amounts which may become due pursuant to the terms of Section 7 below), to the Responsible Party which is Lot 1 COA as and when required hereunder, the Responsible Party may terminate the use of the Amenity Center Area and Common Improvements by all Members of the Lot 2 COA, as applicable, and their respective guests, invitees and/or permittees, and rights granted under the Access and Use Easement hereunder after thirty (30) days' notice and opportunity to cure such failure, until the Responsible Party receives payment in full of all amounts then due hereunder from the Lot 2 COA. The foregoing rights and remedies shall be in addition to any and all other remedies available to the Responsible Party hereunder, at law or in equity including the ability to enforce this agreement in a court of law.

(e) Lot 1 COA shall maintain a separate bank account to place all amenity center receipts, payments, and other revenues received for the Lot 1 COA's pro-rata share and the Lot 2 COA's pro-rata share to pay all assessment, invoices for maintenance of the pool area, clubhouse area, and any other itemized budgeted amount on an annual basis for accounting to each respective party to this agreement. Each party shall be allowed to review and receive receipts of all invoices and payments that were paid and used to calculate the annual budget for assessing the pro-rata share for each party to this agreement. Lot 1 COA shall maintain the accounting records for the amenity center, pool, and clubhouse area that is covered by this agreement.

5. Controlled Access; Restriction of Rights of Benefitted Parties. Access to the Amenity Center shall be controlled by a pinch-key electronic gate with a key-code for entry to the pool area and the clubhouse area. The entry system shall be maintained and installed by the Lot 1 COA as part of the Common Improvements and maintained hereafter by the Responsible Party as part of the Maintenance Obligations. The parties hereby acknowledge and agree that the Lot 2 COA's Pro-Rata Share shall be paid out of assessments charged and collected from members of the Lot 2 COA in accordance with the terms of the Lot 2 COA recorded Restrictions, and the Lot 1 COA's Pro-Rata Share shall be paid out of assessments charged and collected from members of the Lot 1 COA in accordance with the terms of the Lot 1 COA recorded Restrictions; provided, however, failure of any member to pay assessments due to the Lot 2 COA or Lot 1 COA shall not relieve the Lot 2 COA or the Lot 1 COA from its obligation to pay Lot 2 COA's Pro-Rata Share or the Lot 1 COA's Pro-Rata Share, respectively, as required hereby and the Lot 2 COA and Lot 1 COA hereby acknowledge and agree to retain sufficient reserves from assessments charged to its members to ensure full and timely payment of their respective Pro-Rata Share. Notwithstanding the foregoing, on or before March 31 of each calendar year and each month thereafter on the last day of the month, the Lot 2 COA and the Lot 1 COA shall prepare a delinquency report reflecting the names, addresses and unit numbers (as applicable) of such members who have not paid assessments due under the Lot 2 recorded Restrictions and/or the Lot 1 recorded Restrictions respectively, to fund their respective Pro-Rata Share (the 'Delinquent Members") and the

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Responsible Party may, but has no obligation, to (i) prohibit such Delinquent Members and their guests, invitees and/or permittees from accessing or using the Amenity Center and/or Common Improvements until such Delinquent Member has paid all assessments due in full, and/or (ii) pursue any rights or remedies that the Lot 2 COA or Lot 1 COA may have against such Delinquent Members under the Lot 2 COA recorded Restrictions or the Lot 1 COA recorded Restrictions, respectively, for such failure to pay assessments when due (as evidenced by certification executed by the President or Board of Directors of the Lot 2 COA or Lot 1 COA which the Delinquent Member is a member as applicable); and/or (ii) pursue any rights or remedies it may have at law or in equity. Additionally, should any member or such member's guests, invitees or permittees violate the rule or regulations established by the Responsible Party for the Amenity Center Area and/or Common Improvements therein, or cause damage to the Amenity Center or Common Improvements (a "Defaulting Member") then the Responsible Party may (i) prohibit such Defaulting Member and his/her guests, invitees and/or permittees from accessing or using the Amenity Center and/or Common Improvements until such Delinquent Member for any period of time deemed necessary or appropriate by the Responsible Party and/or (ii) pursue any rights or remedies it may have at law or in equity against such Defaulting Member.

6. Amendment and Termination. This Agreement may be amended by an instrument executed by (a) the Lot 2 COA members with a vote of 67% of the then current units along with a recommendation from the current Lot 2 COA Board of Directors, AND (b) the Lot 1 COA members with a vote of 67% of the then current units along with a recommendation from the current Lot 1 COA Board of Directors (collectively, the "Approving Parites") which approval shall not be unreasonably withheld, conditioned or delayed. This Agreement may be amended only by an instrument signed by all the Approving Parties and recorded in the Official Public Records of Denton County, Texas. Any termination of this Agreement and/or the easements granted herein must be approved by (i) at least sixty-seven percent (67%) of all of the owners of property subject to the Lot 2 recorded Restrictions, and (ii) at least sixty-seven percent (67%) of the owners of property subject to the Lot 1 recorded Restrictions. Any termination of this Agreement must be recorded in the Official Public Records of Denton County, Texas. Upon termination of this Agreement, all rights, title, interest, duties and obligations with respect to the Amenity Center and any Common Improvements within the Amenity Center Area shall revert to the Lot 1 COA and such Amenity Center and Common Improvements shall be maintained thereafter by the Lot 1 COA as part of the Common Amenities (as such term is defined in the Lot 1 recorded Restrictions). No amendment to or termination of this Agreement or any easement herein shall be valid that would tend to defeat the priority position of a first mortgage, deed of trust beneficiary or sale-leaseback lessor with respect to its lien or which would make such mortgage, deed of trust or lease illegal under then applicable governmental regulation unless consent is obtained in writing from such mortgagee, beneficiary or lessor.

7. Reciprocal Indemnity. The Lot 2 COA hereby agrees to indemnify defend and hold the Lot 1 COA harmless for, from and against any and all obligations, responsibilities, duties, liabilities, damages, costs and expenses (including, without limitation, intended and by way of example only, reasonable attorneys' fees, disbursements and amounts paid in settlement of claims)

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which arise out of the use of the Access and Use Agreement by the Lot 2 COA and/or its members, their guests, invitees and/or permittees, and their respective successors and assigns or the use of the Maintenance Easement by the Lot 2 COA or its Permittees. The Lot 1 COA hereby agrees to indemnify, defend and hold the Lot 2 COA harmless for, from and against any and all obligations, responsibilities, duties, liabilities, damages, costs and expenses (including. without limitation, intended and by way of example only, reasonable attorneys' fees disbursements and amounts paid in settlement of claims) which arise out of the use of the Access and Use Agreement by the Lot 1 COA and/or its members, their guests, invitees and/or permittees, and their respective successors and assign or the use of the Maintenance Easement by the Lot 1 COA or its Permittees. The Lot 2 COA and Lot 1 COA shalt each include coverage for the indemnification of the other hereby in insurance policies carried by it and include the other party as an additional insured party on such policies to the extent such coverage and terms are available under applicable law.

8. CAP Fee: Declarant for Lot 2, upon execution of this Agreement, will deposit into the Lot 1 COA Reserve Fund Account a non-refundable upfront CAP fee of Thirty Thousand Dollars ($30,000).

9. Notices. Any and all notices, collections, approvals, consents, demands, requests and responses thereto ("Communications") permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been properly given and shall be effective upon the earlier of receipt (hereof or deposit thereof in the United States mail. postage prepaid, certified with return receipt requested to the party to receive such notice at the address of such party as set forth below. or at such other address within the continental United States as such party may designate by notice specifically designated as a notice of change of address and given in accordance herewith; provided, however, that the time period in which a response to any Communication must be given shall continence on the date of receipt thereof; and provided further that no notice of change of address shall be effective with respect to Communications sent prior to the time of receipt thereof. For purposes of notice, the addresses of the parties are initially as follows:

Party
Lot 2 COA Declarant:	Name:	MMM Holdings, LP
	Address:	1800 Valley View Lane, Suite 300, Farmers Branch, TX 75234
		Telephone: (469) 892-7200
Lot 2 COA:	Name:	Lewisville Water's Edge II Condominium Owners' Association, Inc., c/o Essex Association Management, LP
	Address:	1512 Crescent Drive, Suite 1112, Carrollton, TX 75006
		Telephone: (972) 428-2030

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Party
Lot 1 COA:	Name:	Lewisville Water's Edge Condominium Owners' Association, Inc., C/o Essex Association Management, LP
	Address:	1512 Crescent Drive, Suite 1112, Carrollton, TX 75006
		Telephone: (972) 428-2030

10. Miscellaneous.

(a) The terms of this Agreement that be governed and interpreted in accordance with the laws of the State of Texas, and venue for any disputes between the parties hereto shall be in Denton County, Texas.

(b) Nothing herein contained shall deemed a gift or dedication of any portion of the Amenity Center Area to the general public or for any public use or purpose. Whatsoever, it being the intention and understanding that this Agreement shall be strictly limited to and for the purposes herein expressed solely for the benefit of the Benefitted Parties, the Lot 2 COA the Lot 1 COA and their Permittees.

(c) If any term, provision, covenant or condition of this Agreement, or any application thereof should be held by a court of competent jurisdiction to be void or unenforceable, all provisions, covenants, and conditions of this Agreement and all applications thereof not held invalid, void or unenforceable, shall continue in full force and effect and shall in no way be affected impaired or invalidated thereby.

(d) The captions preceding the text of each section hereof is included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement.

(e) If any party hereto or Benefitted Party hereunder shall bring an action against any other party hereto or Benefitted Party by reason of the breach of any covenant, tern or obligation hereof, or otherwise arising out of this Agreement, the prevailing party or Benefitted Party in such suit shall be entitled to its costs of suit and reasonable attorney's fees.

(f) In this Agreement whenever the context so requires, to any gender includes any other gender, and the singular number includes the plural and the plural includes the singular.

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(g) This Agreement shall be binding upon and inure to the benefit of the Benefitted Parties and burden the owners of fee title to Amenity Center Area. and their respective heirs, executors, successors and assigns.

(h) The easements herein granted are not exclusive and the right is hereby reserved to the Lot 1 COA as owner of the Amenity Center Area to grant such other easements, rights or privileges with respect to the real property owned by it to such other persons and for such other purposes as such owner in its discretion may elect so long as such purposes do not unreasonably interfere with the easements granted herein.

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[Editorial note: the agreement contains no stated term/expiration date, no audit clause beyond §3(e), no dispute-resolution procedure other than §10(a) venue and §10(e) fee-shifting, and no signature block or acknowledgment executed by MMM Holdings separately from the Lot 2 COA block below other than the "Declarant" block on page 10.]

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IN WITNESS WHEREOF, the Declarant has executed this Agreement as of the date first set forth above.

Lewisville Water's Edge II Condominium Owners' Association, Inc., A Texas Non-Profit Corporation By: Its DECLARANT:

MMM Holdings, L.P., A Texas Limited Partnership

By: MMM Ventures, LLC, A Texas Limited Liability Company Its: General Partner

[signature] By: Mehrdad Moayedi Its: Manager

STATE OF TEXAS § COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared Mehrdad Moayedi, as the Manager of MMM Ventures, LLC, A Texas Limited Liability Company in its capacity as the General Partner of MMM Holdings, L.P., A Texas Limited Partnership who is the Declarant for Lewisville Water's Edge II Condominium Owner's Association, Inc., A Texas Non-Profit Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, and as the act and deed of said corporation, limited partnership, and limited liability company and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this [handwritten:] 11th day of [handwritten:] February, 2021.

SEAL — [signature] Dara M. Warren, Notary Public, State of Texas

[Notary stamp: DARA M. WARREN, My Notary ID # 13069039[5 or 6 — scan unclear], Expires June 6, 2024]

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IN WITNESS WHEREOF, the party, Lewisville Water's Edge II Condominium Owners' Association, Inc. by and through its authorized representative has executed this Agreement as of the date first set forth above.

Lewisville Water's Edge II Condominium Owner's Association, Inc., A Texas Non-Profit Corporation

[signature] By: Mehrdad Moayedi Its: President

STATE OF TEXAS § COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared Mehrdad Moayedi, as the President of Lewisville Water's Edge II Condominium Owner's Association, Inc., A Texas Non-Profit Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, and as the act and deed of said corporation, limited partnership, and limited liability company and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this [handwritten:] 11th day of [handwritten:] February, 2021.

SEAL — [signature] Dara M. Warren, Notary Public, State of Texas

[Notary stamp: DARA M. WARREN, My Notary ID # 130690395, Expires June 6, 2024]

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IN WITNESS WHEREOF, the party, Lewisville Water's Edge Condominium Owner's Association, Inc. by and through its authorized representative has executed this Agreement as of the date first set forth above.

Lewisville Water's Edge Condominium Owner's Association, Inc., A Texas Non-Profit Corporation

[signature] By: Steven R. Lundgren Its: President and A Director

STATE OF TEXAS § COUNTY OF DENTON §

BEFORE ME, the undersigned authority, on this day personally appeared [handwritten:] Steve Lundgren, as the President and a Director of Lewisville Water's Edge Condominium Owner's Association, Inc., A Texas Non-Profit Corporation, Board of Directors, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, and as the act and deed of said corporation, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this [handwritten:] 27th day of [handwritten:] January, 202[typed "0" appears overwritten/corrected by hand to "1", with handwritten initials]

SEAL — [signature] Dara M. Warren, Notary Public, State of Texas

[Notary stamp: DARA M. WARREN, My Notary ID # 130690395, Expires June 6, 2024]

[Editorial note: although the venue for the Lot 1 acknowledgment is Denton County, the same Dallas County notary (Dara M. Warren) who notarized the Moayedi signatures took it.]

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EXHIBIT "A" AMENITY CENTER INVENTORY & RESERVE COSTS

POOL AREA

Item	In Service	Current Cost	Useful Life	Remaining Life	Future Cost	Qty	Unit Cost
Pool/Patio Furniture – Replace	2020	4,750	5	0	4,750	38	250.00
BBQ – Replace	2025	4,500	10	5	4,968	1	4,500
Spa Heater – Replace	2024	3,600	10	4	3,897	1	3,997
Pole Lighting – Replace	2030	15,000	25	10	18,285	12	1,250
Pool Deck – Refurbish	2035	35,000	30	15	47,105	2,800	12.50
Pool Filters – Replace	2025	6,400	20	5	7,066	2	3,200
Pool & Spa – Resurface	2023	24,000	15	3	25,469	1	24,000
Pool Coping – Replace	2023	7,200	15	3	7,641	160	45.00
Pool Pumps and Motors – Replace	2022	3,000	8	2	3,121	4	1,500

LAKEHOUSE / GYM / DECK

Item	In Service	Current Cost	Useful Life	Remaining Life	Future Cost	Qty	Unit Cost
Lakehouse Roof – Replace	2017	12,400	25	22	18,600	1	18,600
Gym Floor – Replace	2008		15	3	TBD	1
Laminate Floor – Replace	2018	18,850	20	18	26,992	1300	14.50
Kitchen – Refurbish	2018	12,000	20	18	17,139	1	12,000
Furnishings, Clubhouse – Replace	2018	15,000	20	18	21,424	1	15,000
Restroom – Refurbish	2018	7,000	20	18	9,998	2	3,500
Gym Equipment – Replace	2018	19,500	10	8	22,847	6	6,500
HVAC, Clubhouse – Replace	2007	17,400	25	9	21,211	3	5,800
Wood Deck - Repair/Maintain	2007	15,000	18	1	27,000	1	15,000
Lift/Sump Pump – Replace	2018	2,400	20	18	2,650	1	2,400

[Editorial note: figures transcribed as printed; several are internally inconsistent (e.g., Spa Heater unit cost 3,997 vs. current cost 3,600; Pool Pumps 4 × 1,500 ≠ 3,000; Gym Equipment 6 × 6,500 ≠ 19,500; Lakehouse Roof unit cost equals future cost; "In Service" years for some items are future dates).]

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[Image page 15 — "Page 14 of 14" — Exhibit "B"]

EXHIBIT "B" WATER'S EDGE CONDOMINIUMS SITE

[Site plan drawing, scale 1" = 80'. Shows Lake Lewisville to the north/east; Buildings 1, 2 and 3 of Lot 1, Block A, Lewisville Water's Edge, Cab. W, Pg. 624; North Hook Street to the west; Lot 2, Block A, Lewisville Water's Edge, Cab. W, Pg. 624 to the south, with a "WEST" access easement/road and P.O.B. Two areas are outlined with heavy black boxes: (1) the clubhouse/lakehouse building at the east side adjacent to Building 3, and (2) the pool & deck area ("Pool & deck") at the west/southwest side of the site. Bearings and distances legible in part include N 58°01'29" E – 390.38'; S 25°20'13" E – 284.81'; S 42°26'55" W – 331.04'; N 00°53'42" W – 220.40'; S 89°59'24" W – 205.06'; S 01°26'43" W – 42.25'; N 00°34'42" E – 42.27'. U.S.A. Corps of Engineers tracts noted on adjoining lands.]

Surveyor block: Piburn & Partners, LLC, 3445 Highland Rd. – Suite 205, Dallas, Texas 75228, ph (214) 328-3500, fax (214) 328-3512. DATE: 04/26/2007 [scan partly legible]; Project No. 06143; Sht. 5 of 89.

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End of instrument.