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ARTICLE
IV
"Use
& Designation of Commercial Areas"
1. DECLARANT may establish COMMERCIAL AREAS by designation
on a plat or plats recorded in the PIat Records of Cass
County, Texas or by the filing of a metes and bounds description
thereof in said records designating the properly described
as being a COMMERCIAL AREA. In addition, DECLARANT may
establish a COMMERCIAL AREA at the intersection of Texas
State Highway 155 and Texas Farm Road 161. which area
shall not exceed fifteen (15) acres and further may establish
a COMMERCIAL AREA of not to exceed ten (10) acres in the
proximity of the existing hangar next to the airstrip,
which COMMERCIAL AREA shall be limited to use for the
development of hangars and/or storage of airplanes and
other equipment, warehousing of personal property of OWNERS
and operation of facilities designed to service the airstrip
and persons and planes using the airstrip.
Further
DECLARANT may establish COMMERCIAL AREAS on that portion
of the PROPERTY not included on a plat; provided that,
said COMMERCIAL AREAS shall not exceed five percent (5%)
of the PROPERTY not in Phase I.
2.
None of the COMMERCIAL AREAS may be used for light or
heavy industrial purposes. Except for any COMMERCIAL AREA
designated at the intersection of Texas State Highway
155 and Texas Farm Road 161, none of the COMMERCIAL AREAS,
shall be used for a motel or hotel providing accommodation
to overnight guests, or a dance hall, bar, or nightclub;
provided that, COMMERCIAL AREAS may be used for a restaurant
or eating facility whose primary purpose is the sale of
food even though in conjunction therewith alcoholic beverages
are served or are available.
3.
All COMMERCIAL AREAS shall be subject to restrictions
contained In Article Xl hereof except for Subsections
1 and 3 thereof.
No
COMMERClAL OWNER and none of their customers, invitees
or guests shall have a right to the use or enjoyment of
the COMMON AREAS and COMMERCIAL OWNERS shall not be members
of the ASSOCIATION nor shall the COMMERCIAL AREAS be subject
to assessment by the ASSOCIATION. DECLARANT may change
COMMERCIAL AREAS to RESlDENTIAL PROPERTY or to COMMON
AREAS by filing a notice of such designation in the Real
Property Records of Cass County, Texas, with said designation
being irrevocable once made.
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