Del Webb Lake Oconee Covenants

DOC& 005048

FILED IN OFFICE 09/19/2007 11:06 BK :900 P6:21E-285 DEBORAH D "JACKSON &) CLERK OF SUPERIDR COURT

GREENE COUNTY

After Recording Return to:

Angela J. McCord, Esq.

Powell Goldstein LLP

1201 West Peachtree, N.W., 14th Floor

Atlanta, GA 30309 (404) 572-6600

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS

FOR

DEL WEBB AT LAKE OCONEE

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TABLE OF CONTENTS

Creation of the Community..

Purpose and Intent.

Binding Effect. . 3 Governing Documents 4 Definitions...

Restrictions Affecting Lots ..

Restrictions Affecting Occupancy and Alienation.

Framework for Regulation.

Owners' Acknowledgment and Notice to Purchasers.

Rule Making Authority...

Protection of Members and Residents.

Architecture and Landscaping.. .36 General.

Architectural Review.

Guidelines and Procedures.

No Waiver of Future Approvals

Variances.

Limitation of Liability.

Certificate of Compliance.

Landscaping, Home Maintenance and Repair

Maintenance and Repair of Dwelling Units

Maintenance of Lots

Responsibility for Repair and Replacement.

The Association and its Members

Function of Association.

Membership

Voting.

Association Powers and Responsibilities..

Acceptance and Control of Common Area

Maintenance of Common Area.

7.3 Insurance on Common Area

7.4. Compliance and Enforcement.

7.5. Enforcement of Design Guidelines.

7.6. Implied Rights; Board Authority.

7.7. Indemnification of Officers, Directors, and Others

7.8. Safety and Security.

7.9 Guardhouses. .71 7.10. Provision of Services .71 7.11. Relationships with Other Properties.. .71 7.12. Facilities and Services Open to the Public.. .71 7.13. View Impairment. .. .71 7.14. Relationship with Governmental and Tax-Exempt Organizations.. .71 Article VIII Telecommunity .. .71 8.1. Community Intranet System ...71 8.2. Provider of Broadband Service. .71 8.3. Governmental Regulation.

8.4. Use of Technology..

8.5. Central Telecommunication, Receiving, and Distribution System. .. 71

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8.6. Notices and Disclaimers as to Community Systems.

8.7. Disclaimer and Limitation of Liability... .71 Article IX Association Finances

9.1. Budgeting and Allocating Common Expenses

9.2. Special Assessments..

9.3. Benefited Assessments

9.4. Commencement of Assessment Obligation; Time of Payment.

9.5 Obligation for Assessments.

9.6. Lien for Assessments.

9.7. Limitation on Increases of Assessments.

9.8. Initiation Assessments

Article X Activity Cards ..

10.1. Issuance by the Board

10.2 Assignment of Rights.

10.3. Issuance to Declarant.

Article XI Expansion of the Community..

11.1. Annexation by Declarant.

11.2. Annexation by the Association .71 11.4. Effect of Filing Supplemental Declaration ..71 Article XII Additional Rights Reserved to Declarant. .71 12.1. Marketing and Sales Activities. .71 12.2. Right to Develop... . 71 12.3. Right to Approve Changes in Del Webb at Lake Oconee Standards. .71 12.4. Right to Transfer or Assign Declarant Rights . 71 12.5. Right To Use Common Area for Special Events .7. 12.6. Easement to Inspect and Right to Correct.. .7. 12.7. Termination of Rights... .7 12.8. Sales by Declarant. .71 Article XIII Easements .71 13.1. Easements in Common Area .71 13.2. Easements of Encroachment. .71 13.3. Easements for Utilities, Etc

13.4. Easements to Serve Additional Property..

13.5. Easements for Lake and Pond Maintenance and Flood Water.

13.6. Easements for Cross-Drainage... .71 13.7. Rights to Stormwater Runoff, Effluent, and Water Reclamation. ..71 Article XIV Party Walls and Other Shared Structures .71 14.1. General Rules of Law to Apply... ... 71 14.2. Maintenance; Damage and Destruction... …. 71 Article XV Dispute Resolution and Limitation on Litigation.. ...71 15.1. Agreement to Encourage Resolution of Disputes Without Litigation. ... 71 15.2. Dispute Resolution Procedures. .... ..71 15.3. Initiation of Litigation by Association.. ..71 Article XVI Amendment of Declaration.. ...71 16.1 By Declarant. .. ...71 16.2. By Members ... 71 16.3. Validity and Effective Date. ... 71 16.4. Exhibits... ..71

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- TABLE OF EXHIBITS -

Page First Exhibit Subject Matter Mentioned "A" Land Initially Submitted 1 "B" Land Subject to Annexation 2 "C" Initial Use Restrictions 6

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BK:900 PG:222 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS

FOR

DEL WEBB AT LAKE OCONEE

THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (*Declaration") is made this 1 4 day of September, 2007, by PULTE HOME CORPORATION, a Michigan corporation (#Declarant).

ARTICLE I.

CREATION OF THE COMMUNITY

1.1 Purpose and Intent.

Declarant, as the owner of the real property described in Exhibit "A," intends by Recording this Declaration to establish a general plan of development for the planned community known as Del Webb at Lake Oconee consisting of residential, recreational and other areas and uses. This Declaration provides for the Community's overall development, administration, maintenance, and preservation, and provides flexible and reasonable procedures for its future expansion. Declarant intends, without obligation, that when developed fully, Del Webb at Lake Oconee may include one or more clubhouses, and greenbelts and recreational areas, including but not limited to open spaces, walkways and other social, commercial and civil buildings and facilities.

An integral part of the development plan is the creation of Del Webb at Lake Oconee Homeowners Association, Inc., an association comprised of all of the owners of the Lots, to own, operate, and/or maintain amenities upon various common areas and community improvements and to administer and enforce this Declaration and the other Governing Documents (defined hereafter) referenced in this Declaration. Declarant desires to form the Association as a nonprofit corporation to (1) own, manage and maintain the Common Areas and certain other areas in Del Webb at Lake Oconee, (2) levy, collect and disburse the Assessments and other charges imposed hereunder, and (3) act as the agent and representative of Owners and enforce the use

Declarant reserves the right, without obligation, to annex additional land into Del Webb at Lake Oconee planned community, which land is defined and described in Article XI relating to annexation of property ("Annexable Property").

As the development of Del Webb at Lake Oconee proceeds, Declarant intends, without obligation, to record various subdivision plats, to dedicate portions of the Annexable Property to the public for streets, roadways, drainage, flood control and general public use, or to keep all or portions of the above private and dedicate them to the Association, and to record Supplemental Declarations causing portions of the Annexable Property to be subject to this Declaration.

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BK:900 PG: 223 1.2. Binding Effect.

The Declarant, for itself and its successors and assigns, does hereby covenant that the real property described on Exhibit "A" hereto be, and the same hereby is, subjected to this Declaration as Lots.

The Declarant, for itself, its successors and assigns, hereby further covenants that the above-described property shall hereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to the Lots, including, but not limited to, the lien provisions set forth in Article IX hereof. All of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to the Lots shall be a permanent charge thereon, and shall run with the Lots.

This Declaration, and the terms, provisions, liens, charges, easements, covenants and restrictions set forth herein, is subject and subordinate to the Master Declaration, and the covenants, restrictions, easements, charges and liens set forth therein. In the event that there may be any difference in the extent of any restriction that is set forth in both the Master Declaration and in this Declaration, the restriction that is the more restrictive shall prevail. In the event of any contradiction between any term or provision of the Master Declaration and this Declaration, the applicable term or provision of the Master Declaration shall prevail.

1.3. Governing Documents.

The Governing Documents create a general plan of development for Del Webb at Lake Oconee which may be supplemented by additional covenants, restrictions, and easements.

No Person shall Record any additional covenants, conditions, or restrictions affecting any portion of the Community without Declarant's written consent, so long as Declarant owns any property described in Exhibit "A" or "B". Any instrument Recorded without the required consent is void and of no force and effect.

The Governing Documents apply to all Owners and all Occupants of their Lot, as well as their respective tenants, guests, and invitees. Any lease on a Lot shall provide that the tenant and all Occupants of the leased Lot shall be bound by the terms of the Governing Documents and shall be responsible for compliance with such terms by their guests and invitees.

Unless otherwise specifically provided, any notice provided for in the Governing Documents shall be provided in accordance with the By-Laws.

If any judgment or court order should determine that any provision of this Declaration is invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications of such provision.

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ARTICLE II

DEFINITIONS

The terms used in the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as follows:

"Activity Card": A card (or other devise that would serve the same identification purposes as does a card on the date of this Declaration) that the Association issues in accordance with the terms and conditions set forth in Article X and which confers upon the holder rights of access to and use of the Common Area facilities subject to the applicable rules and regulations adopted by the Board in regard to the same.

"Age-Qualified Occupant": A person who is fifty-five (55) years of age or older who occupies the Dwelling Unit as the Age-Qualified Occupant's primary residence.

"Annexable Property": The property described in Exhibit "B" hereto.

"Architectural Review Committee" or "ARC": The committee established to review plans and specifications for the construction or modification of improvements and to administer and enforce the Design Guidelines, as described in Article IV.

"Articles": The Association's Articles of Incorporation, filed with the Georgia Secretary of State, as they may be amended from time to time.

"Assessment' or "Assessments': Any Annual Base Assessment, Special Assessment, Benefited Assessment, Special Assessment or Initiation Assessment or any other fees, fines or charges made or assessed hereunder by the Association against an Owner and his or her Lot in accordance with the provisions of Article IX hereof.

"Assessment Lien": A lien that is created or imposed as set forth in Section 9.6. "Association": The Del Webb at Lake Oconee Homeowners Association, Inc, a Georgia nonprofit corporation.

"Base Assessment": Annual assessments levied to fund Common Expenses for the general benefit of all Lots, as determined in accordance with Section 9.1.

"Benefited Assessment: Assessments charged against a particular Lot or particular Lots for Association expenses as described in Section 9.3.

"Board of Directors' or "Board": The body responsible for the Association's general governance and administration, selected as provided in the By-Laws.

"Builder": Anyone who acquires one or more Lots for the purpose of constructing homes thereon for sale, or who purchases land within the Community for further subdivision, development, and/or resale in the ordinary course of its business.

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BK #900 PG:225 "By-Laws": The Association's By-Laws, as they may be amended from time to time. "Common Area' and "Common Areas: All real and personal property, including casements and other land use rights, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including areas designated as Common Area by Declarant from time to time, areas designated as "common element" or "common area" on a Plat.

"Common Expenses": The expenses of administration, operation, maintenance, repair, replacement and landscaping of the Common Area; the cost of insurance, water, sewer, electricity, telephone, gas and other necessary utility expenses for the Common Area; the cost of general and special real estate taxes and assessments levied or assessed against any portion of the Common Area owned by the Association; the cost of maintenance of the landscaping of the rights-of-way and medians of streets, roads or highways, within or adjoining the Property; any expenses designated as Common Expenses by this Declaration; if not specifically charged to the Owners, the cost of waste removal and scavenger services to the Property; the cost of any and all assessments required to be paid to the Master Association pursuant to the terms of the Master Declaration; and any other expenses lawfully incurred by the Association for the common benefit of all of the Owners (including, without limitation, costs incurred for management, administrative, legal or other professional services).

Ếommunity¿oẾel Webb at Lake Ocone¿orẾProperty": The real property that shall be subjected to this Declaration, either as Lots or as Common Area, either by this Declaration, by a Supplemental Declaration or by being conveyed to the Association.

"Community-Wide Standard": The standard of conduct, maintenance, or other activity generally prevailing at Del Webb at Lake Oconee, or the minimum standards established pursuant to the Design Guidelines, Use Restrictions, and Board resolutions, whichever is the strictest standard. Declarant may initially establish such standard, which may be more specifically defined in the Design Guidelines, the Use Restrictions, Rules and Board resolutions. Any subsequent amendments to the standard shall meet or exceed the standards set during the Declarant Control Period. The Community-Wide Standard may contain both objective and subjective elements and may or may not be in writing. The Community-Wide Standard may evolve as development progresses and as the needs, desires and demands within Del Webb at Lake Oconee change.

"Declarant": Pulte Home Corporation, a Michigan corporation, or any successor or assign who has or takes title to any portion of the property described in Exhibit "A" or "B" for development and/or sale and who is designated as Declarant in a Recorded instrument the immediately preceding Declarant executes.

"Declarant Control Period": The period of time commencing on the date on which this Declaration is Recorded and ending on the date of the last of the following to occur:

(a) the date on which (i) every Lot shall have been improved by the construction thereon of a Dwelling Unit for which a certificate of occupancy shall have been issued by the

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applicable governmental authority and (ii) no portion of the Annexable Property shall be owned by the Declarant;

(b) the tenth (10th) anniversary of the date of the Recording of this Declaration; or (c) the date on which the Declarant shall elect by executing and Recording a statement that the Declarant Control Period is ended.

'Declarant's Affiliate": Any Person directly or indirectly controlling, controlled by or under common control with the Declarant, and shall include, without limitation, any general or limited partnership, limited lability company, limited lability partnership or corporation in which the Declarant (or anther Declarant Affiliate) is a general partner, managing member or controlling shareholder.

*Declaration": This Declaration of Covenants, Conditions and Restrictions, as amended from time to time.

"Design Guidelines": The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV for all construction (other than new construction) and all modifications to existing structures performed by anyone other than the Declarant.

"welling Unit": A single building or structure or a portion of a building or structure situated upon a Lot which is intended for use and occupancy as a separate attached or detached welling unit for one or more persons. Notwithstanding the above, an ancillary "guest house" or *in-law suite" on a Lot shall not be a separate welling Unit but, instead, shall be deemed a part of the structure serving primarily as the welling Unit on the Lot.

'Fiscal Year: The twelve month period for which the Association shall adopt a budget, as provided for in Article IX hereof.

"Governing Documents": Collectively, the Master Declaration, this Declaration, Articles, Bylaws, the Use Restrictions, the Design Guidelines, all as the same may be amended from time to time, and all rules and regulations adopted by the Board of Directors pursuant to the authority granted to the Board in the Governing Documents.

not be a separate welling Unit as that term is defined but, instead, shall be deemed a part of the structure serving primarily as the welling Unit on the Lot.

"Improvement": Any (a) Dwelling Unit, building, fence or wall; (b) any swimming pool, tennis court, basketball court, road, driveway, parking area or satellite dish; (c) any trees, plants, shrubs, grass or other landscaping improvements of every type and kind and (d) any other approved structure of any kind or nature.

"Lot": A portion of the Property, whether improved or unimproved, which may be independently owned and conveyed, and upon which a Dwelling Unit is constructed or is intended to be constructed. The term shall refer to the land, if any, which is part of the Lot as well as any Improvements, including any welling Unit, on the Lot. The boundaries of each Lot

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shall be shown on a Plat; provided that in the case of a building containing multiple Dwelling Units for individual sale, each Dwelling Unit capable of being sold individually shall be deemed to be a separate Lot.

*Master Association": Reynoldsboro Owners Association, Inc., a Georgia non-profit corporation, or its successors and assigns.

"Master Declaration": That certain Master Declaration of Covenants, Conditions and Restrictions for Reynoldsboro, dated February 13, 2007, and recorded at Deed Book 873, Page 309, Greene County, Georgia records, as amended by that certain First Amendment and Supplement to Master Declaration of Covenants, Conditions and Restrictions for Reynoldsboro dated February 13, 2007, and recorded at Deed Book 873, Page 388, Greene County, Georgia records.

Member: Each Owner of a Lot, subject to Section 6.2. holding Membership in the Association pursuant to the Declaration.

"Membership": A Membership in the Association and the rights granted to the Owners of Lots pursuant to Section 6.2 to participate in the Association.

"Mortgage": A mortgage, a deed to secure debt, or any other form of security instrument affecting title to any Lot. The term "Mortgagee" shall refer to a beneficiary or holder of a Mortgage.

"Occupy", "Occupies', or "Occupancy": Unless otherwise specified in the Governing Documents, staying overnight in a particular Dwelling Unit for at least ninety (90) total days in any twelve-month period. The term "Occupant' shall refer to any individual other than an Owner who Occupies a Dwelling Unit or is in possession of a Lot, or any portion thereof or building or structure thereon, whether as a Lessee or otherwise, other than on a merely transient basis (and shall include, without limitation, a Resident).

"Owner": The Record title holder to any Lot, but excluding, in all cases, anyone holding an interest merely as security for the performance of an obligation (e.g., a Mortgagee). An Owner is any Person or Persons who individually or collectively own fee title to a Lot (as evidenced by a Recorded Instrument). Where reference is made in this Declaration to Lots "owned by" a Person, such phrase shall be deemed to refer to Lots of which that Person is the Owner as determined pursuant to this definition.

"Party Structure": Each wall, fence, driveway, or similar structure built on the Lots which serves and/or separates any two adjoining Lots or a Lot and Common Area.

"Person": An individual, a corporation, a partnership, business trust, estate, a trustee, association, limited liability company, limited liability partnership, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

"Plat": Any Recorded engineering or land survey plat for all or any portion of the Property.

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"Qualified Occupant": Any person (i) nineteen (19) years of age or older who Occupies a Dwelling Unit and was the original Occupant following purchase of the Dwelling Unit from the Declarant; or (ii) a person nineteen (19) years of age or older who Occupies a Dwelling Unit with an Age-Qualified Occupant. An Occupant of an ancillary "guest house" or "in-law suite" on a Lot shall not be a Qualified Occupant unless he or she is also a Qualified Occupant of the primary Dwelling Unit on the Lot.

"Record", "Recording', or "Recorded": To record, the recording of or recorded of record a legal instrument in the Deed Records of Greene County, Georgia.

"Resident": Each individual who resides in any Dwelling Unit.

"Reserve" or "Reserves": Funds that are set aside by an association to pay for the repair or replacement of community assets for which the association is responsible.

"Reviewer": Shall have the meaning set forth in paragraph 4.2(c) hereof.

"Single Family": A group of one or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three (3) persons not all so related, who maintain a common household in a Dwelling Unit.

"Special Assessment": Any assessment levied and assessed against all Owners or some Owners in accordance with Section 9.2.

"Supplemental Declaration": A recorded instrument under which the Declarant subjects additional property to this Declaration pursuant to Article XI hereof.

"Tenant": Person who has an agreement with Owner or a Tenant if approved in writing by the Board to lease the Dwelling Unit for a minimum of six (6) months.

"Use Restrictions": The use restrictions, rules, and regulations governing the use of and activities on the Lots set forth in Exhibit "C," as the same may be amended in accordance with Article III.

"Visible from Neighboring Property": With respect to any given object, that such object is or would be visible to a person six feet tall standing on neighboring property, on the level of the base of the structure or building being viewed.

All pronouns used in this Declaration are intended to be gender neutral, and the use of the masculine gender shall be deemed to include the feminine and neuter genders.

ARTICLE III.

RESTRICTIONS AFFECTING LOTS

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3.1. Restrictions Affecting Occupancy and Alienation.

Restrictions on Occupancy. Subject to the rights reserved to Declarant in Section 12.8, the Lots within Del Webb at Lake Oconee are intended for the housing of persons fifty-five (55) years of age or older. The provisions of this Section 3.1(a) are intended to be consistent with, and are set forth in order to comply with the Fair Housing Amendments Act, 42 U.S.C. §3601 et seq. (1988), as amended, the exemption set out in 42 U.S.C. §3607(b)(2)(C), and the regulations promulgated thereunder (collectively, as may be amended, the "Act") allowing discrimination based on familial status. Declarant or the Association, acting through the Board, shall have the power to amend this Section, without the consent of the Members or any Person except Declarant, for the purpose of maintaining the age restriction consistent with the Act, the regulations adopted pursuant thereto, and any related judicial decisions in order to maintain the intent and enforceability of this Section.

(1) Except as otherwise provided in Section 12.8, each occupied Dwelling Unit shall at all times be Occupied by at least one person fifty-five (55) years of age or older; however, in the event of the termination of occupancy of a person who was the sole Occupant fifty-five (55) years of age or older of a Dwelling Unit, any Qualified Occupant may continue to Occupy the same Dwelling Unit as long as the provisions of the Act are not violated by such occupancy.

(ii) No person under the age of nineteen (19) shall Occupy a Dwelling Unit. (iii) Nothing in this Section shall restrict the ownership of or transfer of title to any Lot; provided, no Owner under the age of fifty-five (55) may Occupy a Dwelling Unit unless the requirements of this Section are met nor shall any Owner permit Occupancy of the Dwelling Unit in violation of this Section. Owners shall be responsible for including a statement that the Lots within Del Webb at Lake Oconee are intended for the housing of persons fifty-five (55) years of age or older, as set forth in this Section, in conspicuous type in any lease or other occupancy agreement or contract of sale relating to such Owner's Lot, which agreements or contracts shall be in writing and signed by the tenant or purchaser, and for clearly disclosing such intent to any prospective tenant, purchaser, or other potential occupant of the Lot. Every lease of a Lot shall provide that failure to comply with the requirements and restrictions of this Section shall constitute a default under the lease.

(iv) Any Owner may request in writing that the Board make an exception to the requirements for an Age-Qualified Occupant of this Section with respect to a Dwelling Unit on his or her Lot, based on documented hardship. The Board may, but shall not be obligated to, grant exceptions in its sole discretion, provided that all of the requirements of the Act would still

In the event of any change in Occupancy of any Dwelling Unit, as a result of a transfer of title, a lease or sublease, a birth or death, change in marital status, vacancy, change in location of permanent Dwelling Unit, or otherwise, the Owner of the Dwelling Unit shall immediately notify the Board in writing and provide to the Board the names and ages of all current Occupants of the Dwelling Unit and such other information as the Board may reasonably require to verify the age of each occupant required to comply with the Act. In the event that an

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Owner fails to notify the Board and provide all required information within ten (10) days after a change in occupancy occurs, the Association may levy monetary fines against the Owner and the Lot for each day after the change in Occupancy occurs until the Association receives the required notice and information, regardless of whether the occupants continue to meet the requirements of this Article, in addition to all other remedies available to the Association under this Declaration and Georgia law.

Monitoring Compliance; Appointment of Attorney-in-Fact. The Association shall be responsible for maintaining records to support and demonstrate compliance with the Act. The Board shall adopt policies, procedures, and rules to monitor and maintain compliance with this Section and the Act, including policies regarding visitors, updating of age records, the granting of exemptions to compliance, and enforcement. The Association shall periodically distribute such policies, procedures, and rules to the Owners and make copies available to Owners, their tenants and Mortgagees upon reasonable request.

The Association may enforce this Section 3.1 in any legal or equitable manner available, as the Board deems appropriate, including, without limitation, conducting a census of the occupants of Dwelling Units, requiring that copies of birth certificates or other proof of age for one new Age-Qualified Occupant per Dwelling Unit be provided to the Board on a periodic basis, and in its sole discretion, taking action to evict the occupants of any Dwelling Unit which does not comply with the requirements and restrictions of this Section. The Association's records regarding individual members shall be maintained on a confidential basis and not provided except as legally required to governing authorities seeking to enforce the Act. Each Owner shall fully and truthfully respond to any Association request for information regarding the occupancy of Dwelling Units on his or her Lot which, in the Board's judgment, is reasonably necessary to monitor compliance with this Section. Each Owner hereby appoints the Association as its attorney-in-fact for the purpose of taking legal or equitable action to dispossess, evict, or otherwise remove the occupants of any Dwelling Unit on his or her Lot as necessary to enforce compliance with this Section.

Each Owner shall be responsible for ensuring compliance of his Lot with the requirements and restrictions of this Section, and the Association rules adopted hereunder, by himself and by his tenants and other occupants of its Lot. Each Owner, by acceptance of title to a Lot, agrees to indemnify, defend, and hold Declarant, any affiliate of Declarant, and the Association harmless from any and all claims, losses, damages, and causes of action which may arise from failure of such Owner's Lot to so comply. Such defense costs shall include, but not be limited to, attorney fees and costs.

Residential and Related Uses. The Community shall be used only for residential, recreational, and related purposes. Related purposes may include, without limitation, offices for the Association or its management agents), Declarant's business or sales office(s), and any business use which meets the conditions of Section 3.1 (c) below. In addition, the Association or Declarant may permit limited business activity within the confines of a Dwelling Unit that does not detract from the Community's residential and recreational character.

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(c) Business Use. No business shall be conducted in or from any Lot, except that an Owner or a resident of the Lot may conduct business activities within the Dwelling Unit so long as:

(I) the business activity is not apparent or detectable by sight, sound, or smell from outside the Dwelling Unit;

(11) the business activity complies with applicable zoning requirements; (111) the business activity does not involve regular visitation of the Dwelling Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation within the Community; and

(iv) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of others within the Community, as determined in the Board's sole discretion.

"Business" shall have its ordinary, generally accepted meaning and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to Persons other than the family of the producer and for which the producer receives a fee, compensation, or other form of consideration, regardless of whether (A) such activity is engaged in full or part time, (B) such activity is intended to or does generate a profit, or (C) a license is required

This Section shall not apply to restrict Declarant's activities in the Community, nor shall it restrict the activities of Persons approved by Declarant involved with the development and sale of property in the Community. Additionally, this Section shall not apply to any Association activity relating to operating and maintaining the Community, including the Community's recreational and other amenities.

Leasing a Dwelling Unit for a period of at least six (6) months is not a "business" within the meaning of this subsection.

(d) Leasing. For purposes of this Declaration, "leasing" is defined as regular, exclusive occupancy of a Dwelling Unit by any Person other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or compensation. A Lot may be leased only in its entirety (e.g., separate rooms within the same Dwelling Unit may not be separately leased). The foregoing shall not preclude an Owner sharing the Occupancy of his or her Dwelling Unit with a non-Owner who shall compensate the Owner for so sharing such Dwelling Unit. No fraction or portion may be leased.

No structure on a Lot other than the primary Dwelling Unit shall be leased or otherwise occupied for residential purposes, except that structures used for ancillary purposes, such as an "in-law suite" or detached "guest house," may be occupied, but not independently leased. There shall be no subleasing of a Dwelling Unit or assignment of leases except with the Board's prior written approval.

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BK :900 PG:232

All leases shall require that tenants and all occupants of the leased Lot are bound by and obligated to comply with the Governing Documents. The restrictions on lease terms set forth in this paragraph shall not apply to Lots owned by Declarant.

Notice of any lease, together with such additional information as the Board may require, shall be given to the Board or its designee by the Owner within ten (10) days of execution of the lease. The Owner must make available to the Tenant copies of the Governing Documents. The Board may adopt reasonable Use Restrictions and rules regulating leasing and subleasing and the activities of tenants and subtenants.

No transient tenants may be accommodated in a Dwelling Unit. All leases, including sub-leases, shall be in writing and shall be for an initial term of at least six months, except with the Board's prior written consent.

(e) Maximum Occupancy. No more than two (2) Persons per bedroom shall occupy the same Dwelling Unit on a regular and consistent basis (as determined in the Board's discretion).

(f) Occupants Bound. The Governing Documents apply to all Occupants of and visitors to any Lot. Every Owner shall cause anyone occupying or visiting his or her Lot to comply with the Governing Documents/Use Restrictions and shall be responsible for all violations and losses to the Common Area caused by such Persons, notwithstanding the fact that such Persons also are fully liable and may be sanctioned for any violation.

Subdivision of a Lot and Time-Sharing. Lots may not be subdivided or their boundary lines changed except with the Board's prior written approval; provided, Declarant may subdivide, change the boundary line of, and replat any Lots) it owns, and, for so long as Declarant owns any portion of the Community, convert Lots into Common Area or Common Area to Lots at any time prior to the transfer of title to the Association.

Timesharing, fraction-sharing, or similar programs whereby the right to exclusive use of the Lot rotates among members of the program on a fixed or floating time schedule over a period of years is prohibited, except by Declarant, while Declarant owns any property within the Community.

(h) Disease and Insects. No Person shall permit any thing or condition to exist upon any Lot which shall induce, breed or harbor infectious diseases or noxious insects.

Mineral Exploration. No Lot shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, gas, earth or any earth substance of any kind, except for the drilling, operation and maintenance of any testing, inspection or other water wells approved by the Declarant.

(i) Utility Service. No lines, wires or other devices for the communication or transmission of electric current or power, including telephone, television and radio signals shall be erected, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on buildings or other structures approved by the Architectural Review Committee. No provision of

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8K :900 PG#233 this Declaration shall be deemed to forbid the erection of temporary power or telephone structures for emergency purposes or incident to the construction of buildings or structures approved by the Architectural Review Committee. Notwithstanding the foregoing, utility meters and related panels and similar equipment may be placed on outside building walls exposed to view from a street in order to comply with any requirements, regulations, orders, conditions or specifications of any public, quasi-public or private utility or any governmental agency or body, provided that reasonable efforts shall be made to avoid placing any such meter, panel or other equipment on the outside front wall of a Dwelling Unit or other building facing the street running directly in front of such Dwelling Unit.

(k) Model Homes. Any provisions of this Declaration or any Governing Document which prohibit non-residential use of Lots and regulate parking of vehicles shall not prohibit the construction and maintenance of model homes or other model Dwelling Units of any kind (including, without limitation, any used in whole or in part as sales offices, design center displays (collectively "Models") by Persons engaged in the construction of Dwelling Units in Del Webb at Lake Oconce, or parking incidental to the visiting of such Models, so long as the construction, operation and maintenance of such Models and parking otherwise comply with all of the provisions of this Declaration. The Architectural Review Committee may also permit Lots and other areas to be used for parking in connection with the showing of Models. Any homes or other structures constructed as Models shall cease to be used as Models at any time the Owner thereof is not actively engaged in the construction and sale of Dwelling Units in Del Webb at Lake Oconee, and no home or other structure shall be used as a Model for the sale of homes or other structures not located in Del Webb at Lake Oconee.

3.2. Framework for Regulation.

In addition to the foregoing restrictions affecting Lots, the Governing Documents establish, as part of the general plan of development, a framework of affirmative and negative covenants, easements, and restrictions which govern the Community, including the Use Restrictions set forth in Exhibit "C." Within that framework, the Board and the Members must have the ability to respond to unforeseen problems and changes affecting the Community. This Article establishes procedures for modifying and expanding the Use Restrictions to respond to such changes.

The procedures set forth in this Article shall not apply to the Board's enactment and enforcement of rules and regulations relating to use and operation of the Common Area or other administrative rules, which the Board may adopt by resolution.

3.3. OwnerẾAcknowledgment and Notice to Purchasers.

All Owners are given notice that use of their Lots and the Common Area is limited by the Use Restrictions as amended, expanded, and otherwise modified from time to time. Each Owner, by accepting a deed, and each Tenant, by accepting a Lease, acknowledges and agrees that the use, enjoyment, and marketability of his or her Lot can be affected by the Use Restrictions and Board rules, which may change from time to time. All Lot purchasers are on notice that the Association may have adopted changes to the Use Restrictions and that such

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BK:900 PG:234 changes may not be set forth in a Recorded document. Copies of the current Use Restrictions and Board rules may be obtained from the Association.

3.4. Rule Making Authority.

The Board may change (i.e., modify, cancel, limit, create exceptions to, or expand) the Use Restrictions. The exercise of this authority shall be subject to the Board's duty to use business judgment and reasonableness and the need to make as few changes as possible to meet its objectives and still fulfill the reasonable expectations of the Members. The Board shall provide notice to all Owners of any proposed change pursuant to the Association's current communication policy at least five business days before the Board meeting to consider the change. Members shall have a reasonable opportunity to be heard on the proposed change at such Board meeting.

If endorsed by the Board, the proposed change shall be approved unless disapproved by a majority of the Members. The Board is not obligated to call a meeting to consider disapproval unless it receives a petition of the Members which meets the requirements for special meetings in the By-Laws. If the Board receives such a petition before the effective date of the Board's action under this Section 3.4(a), the proposed change shall not become effective until after a meeting is held, and then subject to the outcome of such meeting.

Alternatively, the Members, representing a majority of the votes in the Association, at an Association meeting duly called for such purpose, may vote to change the Use Restrictions then in effect. Any such change shall require approval of the Declarant, if the same is to take effect during the Declarant Control Period.

Before any Use Restriction change becomes effective, the Board shall provide at no cost a copy of the new or changed Use Restriction to each Owner. The change does not become effective until at least thirty (30) days following the date of such mailing to Owners. Each Owner shall be bound regardless of whether the mailing is received. The Association shall provide, without cost, a copy of the Use Restrictions then in effect to any requesting Member, Tenant or Mortgagee.

(d) At least once every two years after the Declarant Control Period ends, the Board shall review and evaluate the then current Use Restrictions for continued visibility or necessity within the Community.

No action taken under this Article shall have the effect of modifying, repealing, or expanding the Design Guidelines or any provision of this Declaration other than the Use Restrictions. In the event of a conflict between the Design Guidelines and the Use Restrictions, the Design Guidelines shall control.

(f) Notice under this Section may be sent to each Owner by any manner permitted under the Association's current communication policy.

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8K :900 PG# 235 3.5. Protection of Members and Residents.

Except as may be set forth in this Declaration (either initially or by amendment) or in the Use Restrictions the Association's actions with respect to Use Restrictions and rules must comply with the following:

Members and Residents shall be permitted to display religious, patriotic and holiday signs, symbols, and decorations on their Lots of the kinds normally displayed in single-family residential neighborhoods, provided that the Association may regulate all such displays for conformity with this Declaration and, specifically, with the Community Wide Standard.

(b) Signs. The Association shall not regulate the content of political or other signs; however, the Association may adopt a reasonable time, place, and manner restrictions to posting such signs, as established in the Design Guidelines.

Household Composition. The Association shall not interfere with the freedom of Members and Residents to determine the number of Qualified Occupants within a household, except that it may limit the total number of Persons entitled to occupy a Dwelling Unit based upon the size of the Dwelling Unit (based on such factors as the number of bedrooms), not to exceed the number permitted under current zoning ordinances, and limit the number of Occupants per household who have full privileges as members to use of the Common Area.

Activities Within Dwellings. The Association shall not interfere with activities carried on within a Dwelling Unit, except it may prohibit activities not normally associated with residential property, and it may restrict or prohibit activities that create monetary costs for the Association or other Owners, that create a danger to anyone's health or safety, that generate excessive noise or traffic, that create unsightly conditions visible outside the Dwelling Unit, or that create an unreasonable source of annoyance.

(e) Alienation. The Association shall not prohibit leasing or transfer of any Lot, subject to the Governing Documents.

Abridging Existing Rights. The Association may not require an Owner to dispose of personal property that was in or on a Lot in compliance with previous rules. This exemption shall apply only during the period of such Owner's ownership of the Lot, and shall not apply to subsequent Owners who take title to the Lot after adoption of the rule.

Reasonable Rights to Develop. The Association may not impede Declarant's right to develop or require the Declarant to develop any portion thereof, with all future developments being in Declarant's sole discretion Del Webb at Lake Oconee.

The limitations in subsections (a) through (g) of this Section shall only limit rule making authority exercised under Section 3.3; they shall not apply to amendments to this Declaration adopted in accordance with Article XXI.

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BK :900 PG:236 ARTICLE IV.

ARCHITECTURE AND LANDSCAPING

4.1. General.

No structure or thing (including, without limitation, any fence, wall, trellis, bird house, gazebo or any structure of any kind or nature) shall be placed, erected, or installed upon any Lot, and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations, or planting or removal of landscaping) shall take place, within Del Webb at Lake Oconee, except in compliance with this Article and the Design Guidelines. Each Dwelling Unit shall be designed by and built in accordance with the plans and specifications of a licensed architect unless Declarant or its designee, in its sole discretion, otherwise approves.

In no event shall any change be made in the exterior appearance of any Dwelling Unit (including, without limitation, painting and the application of any brick, stucco, paneling or other siding) unless such change has been first approved in writing by the Board or the ARC, as the case may be. Any Owner may remodel, paint, or redecorate the interior of structures (including the Dwelling Unit) on his or her Lot without approval. However, modifications to the interior of screened porches, patios, and any other portions of a Lot Visible from Neighboring Property shall be subject to approval as set forth in the Design Guidelines.

This Article shall not apply to Declarant's activities, or to the Association's activities during the Declarant Control Period.

4.2. Architectural Review.

(a) By Declarant; New Construction. Declarant shall have exclusive authority to administer and enforce architectural controls and to review and act upon all applications for original construction within the Community. This right shall continue until the end of the Declarant Control Period, unless Declarant earlier terminates its rights in a Recorded instrument. In reviewing and acting upon any request for approval, Declarant or its designee acts solely in Declarant's interest and owes no duty to any other Person.

Declarant may, in its discretion, designate one or more Persons or an outside management company, from time to time to act on its behalf in reviewing applications.

Declarant may from time to time, but shall not be obligated to, delegate or assign all or any portion of its rights under this Article to any other Person or committee, including the Architectural Review Committee. Any such delegation shall be in writing, specifying the delegated responsibilities, and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume its prior jurisdiction, and (ii) Declarant's right to veto any decision which it determines, in its discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the jurisdiction of other entities shall be limited to such matters as Declarant specifically delegates.

Architectural Review Committee, Modifications. Declarant shall have exclusive authority to administer and enforce architectural controls and to review and act upon all

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BK:900 PG:237 applications for modifications to improvements constructed within the Community. Prior to termination of Declarant's rights under Section 4.2(a) or to further a delegation if requested by Declarant, the Board shall establish the ARC, which shall consist of at least three Persons all of whom shall be appointed by the Declarant. Thereafter, members of the ARC shall be appointed and shall serve at the discretion of the Board; provided, as long as Declarant owns any property described in Exhibit "A" or "B," at all times, it may appoint one member of the ARC.

When appointed, the ARC shall have exclusive jurisdiction over modifications to all Lots and/or structures and any additional improvements within the Community. Subject to Declarant's rights under subsection (a) above, the ARC also may be assigned by Declarant jurisdiction over original construction and landscaping within the Community.

The Declarant or the Board may create and appoint such subcommittees of the ARC as they shall deem appropriate. Such subcommittees may be established to preside over particular areas of review (e.g., landscape plans) and shall be governed by such procedures as may be established by the ARC or the Board. Any action of any subcommittee shall be subject to the review and approval of the ARC and Declarant, for as long as Declarant owns any property described in Exhibit "A" or "B." Notwithstanding the above, neither the ARC nor Declarant shall be obligated to review all actions of any subcommittees and the failure to take action in any instance shall not be a waiver of the right of the ARC or Declarant to act in the future.

Reviewer. The entity having jurisdiction in a particular case (whether Declarant or its designees or the ARC) shall be referred to as the 'Reviewer." On behalf of the Association, the Reviewer may retain architects, engineers, or other Persons as deemed necessary to perform the review. The cost will be the responsibility of the applicant.

(d) Fees; Assistance. The Reviewer may establish and charge reasonable fees for its review of applications and may require that such fees be paid in advance. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers, or other professionals. The Board shall include the estimated compensation of such Persons in the Association's annual operating budget.

4.3. Guidelines and Procedures.

Design Guidelines. Declarant shall prepare Design Guidelines, which may contain general provisions applicable to all of Del Webb at Lake Oconee. The Design Guidelines are intended to provide guidance to Owners and Builders regarding matters of particular concern to the Reviewer. The Design Guidelines are not the exclusive basis for the Reviewer's decisions and compliance with the Design Guidelines does not guarantee approval of any application.

Declarant shall have sole and full authority to amend the Design Guidelines as long as it owns any portion of or has a unilateral right to annex property pursuant to Section 11.1. Declarant's right to amend shall continue notwithstanding a delegation of reviewing authority to the ARC, unless Declarant also delegates the power to amend to the ARC. Upon termination or delegation of Declarant's right to amend, the ARC may amend the Design Guidelines with the written consent of the Board.

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8k:900 PG:238 Amendments to the Design Guidelines shall be prospective only. The Design Guidelines shall not require modifications to or removal of structures previously approved once the approved construction or modification has commenced. Subject to the Community-Wide Standard, there shall be no limitation on the scope of amendments to the Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Design Guidelines less restrictive.

The Reviewer shall make the Design Guidelines available to Owners and Builders who seek to engage in development or construction within Del Webb at Lake Oconee.

(b) Custom Lot Guidelines. The Declarant shall prepare custom lot guidelines, if the Declarant elects to sell custom lots within the Community. It may follow the same procedures as the Design Guidelines, or it may establish new procedures.

(c) Procedures. Except as otherwise specifically provided in the Design Guidelines, no construction activities or other activities described in Section 4.1 shall commence on any portion of Del Webb at Lake Oconee until an application has been submitted to and approved by the Reviewer. The application shall be in the form Reviewer requires and shall include plans and specifications and other information required under the Design Guidelines. Plans and specifications shall show, as applicable, site layout, structural design, exterior elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of proposed construction. The Design Guidelines and the Reviewer may require additional information as reasonably necessary to consider any application.

In reviewing each submission, the Reviewer may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that aesthetic determinations are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. Subject to Declarant's veto right, the Reviewer shall have the sole discretion to make final, conclusive, and binding determinations on matters of aesthetic judgment, and such determinations shall only be subject to review or appeal to the Board on the issue of good faith and in accordance with the required procedures.

The Reviewer shall make a determination on each application within 45 days after receipt of a completed application and all information it requires. The Reviewer may permit or require that an application be submitted or considered in stages, in which case, a final decision shall not be required until after the final, required submission stage. The Reviewer may (i) approve the application, with or without conditions; (ii) approve a portion of the application and disapprove other portions; or (iii) disapprove the application with or without conditions.

The Reviewer shall notify the applicant in writing of a final determination on any application within five days after such determination is made. In the case of disapproval, the Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections.

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8K :900 PG#239 If the Reviewer fails to respond in a timely manner, approval shall be deemed given. However, no approval, whether expressly granted or deemed granted, shall be inconsistent with the Design Guidelines unless a written variance has been granted pursuant to Section 4.5.

Notice shall be deemed given at the time the envelope containing the response is deposited with the U.S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed given at the time of delivery to the applicant.

As part of any approval, the Reviewer may require that construction commence in accordance with approved plans within a specified time period. If construction does not commence within the required period, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing any activities. Once construction is commenced, it shall be diligently pursued to completion. All work shall be completed within one year of commencement unless otherwise specified in the notice of approval or the Design Guidelines, or unless the Reviewer grants an extension in writing, which it is not obligated to do. If approved work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, Declarant, or any aggrieved Owner.

Exemptions. The Reviewer may, by resolution, exempt certain activities from the application and approval requirements of this Article, provided such activities are undertaken in strict compliance with the requirements of such resolution. For example, Builders may submit and receive pre-approval of landscaping or other plans for general application. Such preapproved plans shall not require resubmission prior to use on a particular Lot.

Reviewer approval shall not constitute approval of or waiver of approvals or reviews by any municipality or governmental agency or entity having jurisdiction over architectural or construction matters.

4.4. No Waiver of Future Approvals.

Each Owner acknowledges that the people reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as interpretation and application of the Design Guidelines, may vary accordingly. In addition, each Owner acknowledges that it may not always be possible to identify objectionable features until work is completed, in which case it may be unreasonable to require changes to the improvements involved. The Reviewer may refuse to approve similar proposals in the future. Approval of applications or plans, or in connection with any other matter requiring approval, shall not constitute a waiver of the right to withhold approval as to any similar applications, plans, or other matters subsequently or additionally submitted for approval.

4.5. Variances.

The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require or when legally required for compliance with the Americans with Disabilities Act, but only in accordance with rules and regulations established by the Declarant or ARC. No variance shall (a) be effective unless in writing; (b) be contrary to this C: Documents and Settings\LDekle\Local Settings\Temporary Internet Fi@s\OLK6FLATL.-1193276-v3-Oconee Tract Declaration.DOC 132087.0036źŚ

8K#500 PG#240

Declaration; or (c) estop the Reviewer from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. No variance may be issued without Declarant's written consent for so long as Declarant owns any portion of the Community or has the unilateral right to annex property described in Exhibit "B."

4.6. Limitation of Liability.

(a) The standards and procedures established by this Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of Del Webb at Lake Oconee; they do not create any duty to any Person. Review and approval of any application pursuant to this Article may be based on aesthetic considerations only. The Reviewer shall not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, for ensuring compliance with building codes and other governmental requirements, or for ensuring that every Dwelling Unit is of comparable quality, value, or size, of similar design, or aesthetically pleasing or otherwise acceptable to other Owners provided the Community-Wide Standards shall serve as a guide in the review process.

(b) Declarant, the Association, its officers, the Board, the ARC, the Association's management agent, any committee, or any member of any of the foregoing shall not be held liable for matters related to its decisions including, but not limited to, soil conditions, drainage, or other general site work; any defects in plans revised or approved hereunder; any loss or damage arising out of the action, inaction, integrity, financial condition, or quality of work of any contractor or its subcontractors, employees or agents, whether or not Declarant has approved or featured such contractor as a builder in the Community; or any injury, damages, or loss arising out of the manner or quality or other circumstances of approved construction on or modifications to any Lot. In all matters, the Board, the ARC, and the members of each, and the Association officers, shall be defended and indemnified by the Association as provided in Section 7.6.

4.7. Certificate of Compliance.

Declarant, or any Owner may request in writing that the Reviewer issue a certificate of Design Guidelines as to the Owner's Lot. The Association shall either grant or deny such written request within thirty (30) days after receipt and may charge a reasonable administrative fee. Issuance of such a certificate shall estop the Association from taking enforcement action against an Owner for any condition known to the Association on the date of the certificate.

ARTICLE V.

LANDSCAPING, HOME MAINTENANCE AND REPAIR 5.1. Maintenance and Repair of Dwelling Units.

Each Owner shall maintain and repair the entirety of the Dwelling Unit located on each Lot owned by him, including all decks and patios attached thereto. Each Owner shall also maintain and repair the driveway and sidewalk located on each Lot owned by him. Such

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BK:900 PG:241 maintenance and repair work shall be performed at the sole cost and expense of the Owner of such Lot. All exteriors of all Dwelling Units, and all driveways, sidewalks, decks and patios located on each Lot, shall be maintained in a condition which is to a level consistent with the Community-Wide Standard and which is satisfactory to the Board of Directors or to the ARC, if the Board shall delegate such responsibility to the ARC.

5.2. Maintenance of Lots.

Except as provided otherwise in paragraph (b) hereof, the Association shall be responsible for maintaining the grounds of each Lot, except for such portion thereof which is located within a fence. Such maintenance shall consist of normal grass mowing, pruning and otherwise maintaining all plants, shrubbery, trees, flowers, bushes, ivy and other foliage that were originally planted on the Lot by the Declarant or a Builder, all to keep the same in a condition that is consistent with the Community-Wide Standard. By assuming membership in the Association, each Owner grants a non-exclusive right and access easement to the Association for the purpose of allowing the Association to conduct the aforementioned maintenance on each

(b) The Owner of each Lot shall be responsible for maintaining all portions of his Lot which may be enclosed within a fence (the Association shall have no responsibility for maintaining any part of a Lot that is enclosed by a fence), and shall maintain and replace all trees, flowers, shrubbery or bushes that shall have been planted on the Lot after the conveyance of the Lot by the Declarant or a Builder to the first Owner thereof (the Association shall have no responsibility for maintaining any trees, flowers, shrubbery or bushes that were not installed by the Declarant or a Builder). Such maintenance that shall be the Owner's responsibility shall include, without limitation, cutting the grass, weeds and other vegetation, removing dead trees, shrubs and other plants and pruning and otherwise maintaining all plants, shrubbery, trees, flowers, bushes, grass, ivy and other foliage as may be planted in and on such Lot, all to keep the same in a condition that is consistent with the Community-Wide Standard.

5.3. Responsibility for Repair and Replacement.

Each Owner shall carry property insurance for the full replacement cost of his Dwelling Unit and all insurable improvements on his or her Lot, less a reasonable deductible, unless the Association carries such insurance (which they may, but are not obligated to do). If the Association assumes responsibility for insuring a Lot, the insurance premiums shall be levied as a Benefited Assessment against the benefited Lot and the Owner.

In the event of damage to or destruction of Improvements on a Lot, the Owner shall promptly repair or reconstruct such structure in a manner consistent with the original construction or other plans and specifications approved in accordance with Article IV. Alternatively, if the damaged Improvements consisted of a detached building, the Owner shall clear the Lot and maintain it in a neat and attractive condition consistent with the CommunityWide Standard. The Owner shall pay any costs not covered by insurance proceeds.

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BK:900 PG:242 ARTICLE VI.

THE ASSOCIATION AND ITS MEMBERS

6.1. Function of Association.

The Association is the entity responsible for management, maintenance, operation, and control of the Common Area and for the enforcement of the Governing Documents. The Association shall perform its functions in accordance with the Governing Documents and Georgia law.

6.2. Membership.

Every Owner shall be a Member of the Association. There shall be only one membership per Lot. If a Lot is owned by more than one Person, all co-Owners shall share the privileges of the membership, subject to reasonable Board regulation and the voting restrictions described in Section 6.3(c) and in the By-Laws. Co-Owners are jointly and severally obligated to perform the responsibilities of an Owner. The membership rights of an Owner which is not an individual may be exercised by any officer, director, partner, or trustee, or by an individual the Owner designates from time to time in a written instrument provided to the Association's Secretary.

6.3. Voting.

(a) Voting Matters. The following are the only matters subject to Member vote during the Declarant Control Period:

Any amendment to any of Governing Documents which, under the terms of the same, the Declarant is not authorized to effect without a vote of the Members other than the Declarant; and

(i1) Any proposal to dissolve the Association.

Members. When entitled to vote, Members shall have one equal vote for each Lot in which they hold the interest required for membership under Section 6.2, except that there shall be only one vote per Lot. The right to vote for a Lot commences at such time as the Lot is made subject to the Declaration; provided, no vote shall be exercised for any Lot which is exempt from Assessment under Section 9.6.

(c) Exercise of Voting Rights. The Lot Owner shall exercise the vote for a Lot. If there is more than one Owner of a Lot, the vote for such Lot shall be exercised as the co-Owners determine among themselves and advise the Association's Secretary, or its designee, in writing prior to the vote being taken. Absent such advice, and in the event that more than one such coOwner casts a vote, the Lot's vote shall be suspended and excluded from the final vote tally on the matter on which a vote is being taken.

(d) Declarant Control Period. During the Declarant Control Period, all of the voting rights of the Owners at any meeting of the Members or otherwise exercised or cast as by law allowed shall be vested exclusively in the Declarant, and the Owners other than the Declarant

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BK :900 PG:243 shall have not voting rights. Without limiting the generality of the foregoing, during the Declarant Control Period the Declarant shall appoint all of the directors and officers of the Association.

ARTICLE VII.

ASSOCIATION POWERS AND RESPONSIBILITIES

7.1. Acceptance and Control of Common Area.

(a) The Association, through action of its Board, may acquire, hold, lease (as Lessor or Tenant), operate, and dispose of tangible and intangible personal property and real property. The Association may enter into leases, licenses, or operating agreements for portions of the Common Area, for payment or no payment as the Board deems appropriate, to permit use of portions of the Common Area by community organizations and by other third parties for the general benefit or convenience of Owners and other residents of Del Webb at Lake Oconee.

(b) Declarant and its designees may transfer to the Association, and the Association shall accept, personal property and fee title, leasehold, or other property interests in any real property, improved or unimproved, described in Exhibit "B." Upon Declarant's written request, the Association shall transfer back to Declarant any unimproved portions of the Common Area originally conveyed to the Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant to make minor adjustments in property lines.

(c) The Association shall be responsible for management, operation, and control of the Common Area, subject to any covenants, easements, or restrictions set forth in the deed or other instrument transferring the property to the Association.

(d) The Board may adopt such rules and regulations regarding the use of the Common Area as the Board shall deem to be reasonable and appropriate. The Board shall provide notice to all Owners of any change to be made to the then current rules and regulations pursuant to the Association's current communication policy at least five business days before the Board meeting to consider the change. Members shall have a reasonable opportunity to be heard on the proposed change at such Board meeting.

If endorsed by the Board, the proposed change shall be approved unless disapproved by a majority of the Members. The Board is not obligated to call a meeting to consider disapproval unless it receives a petition of the Members which meets the requirements for special meetings in the By-Laws. If the Board receives such a petition before the effective date of the Board's action under this paragraph (d), the proposed change shall not become effective until after a meeting is held, and then subject to the outcome of such meeting.

Notice of any change made by the Board to the rules and regulations governing the use of the Common Area shall be given to all Owners prior to the date on which such change is to go into effect.

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8K:900 PG:244

7.2. Maintenance of Common Area.

The Association shall maintain, in accordance with the Community-Wide Standard, all portions of the Common Area, including landscaping, structures, and other improvements.

In addition, the Association may maintain other property which it does not own, if the Board determines that such maintenance is necessary or desirable to maintain the CommunityWide Standard. The non Common Area property that the Association may maintain may include, and is not limited to, landscaping within public rights-of-way within or abutting the . Property, ponds, streams, and/or wetlands located within the Property which serve as part of the Community's stormwater drainage system, including associated improvements and equipment, and property dedicated to the public.

The Association shall not be liable for any damage or injury occurring on or arising out of the condition of property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities.

The Association shall maintain the facilities and equipment within the Common Area in continuous operation, except for any periods necessary, as determined in the Board's sole discretion, to perform required maintenance or repairs, unless Members representing seventytive percent (75%) of the Member votes in the Association, and the Declarant, if any, agree in writing to discontinue such operation.

The costs associated with maintenance, repair, and replacement of the Common Area and any other property that the Association shall elect to maintain shall be a Common Expense; provided, the Association may seek reimbursement from the owners) of, or other Persons responsible for, certain portions of the Common Area pursuant to this Declaration, a Supplemental Declaration, or other Recorded covenants or agrecments.

7.3. Insurance on Common Area.

(a) Required Coverage's. The Association, acting through its Board or its duly authorized agent, shall obtain and continue in effect the following types of insurance, if reasonably available, or if not, the most nearly equivalent coverages as are reasonably available:

Blanket property insurance covering all risks of direct physical loss" on a "special causes of loss form" basis (or comparable coverage by whatever name denominated) for all insurable improvements on the Common Area and within other portions of the Common Area to the extent that the Association has assumed responsibility in the event of a casualty, regardless of ownership. If such coverage is not generally available at reasonable cost, then "broad causes of loss form" (specified perils) coverage may be substituted. All Association property insurance policies shall have policy limits sufficient to cover the full replacement cost of the insured improvements under current building ordinances and codes;

Commercial general liability insurance on the Common Area, insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees or agents while acting on its behalf. If generally available at reasonable cost, such coverage (including primary and any umbrella coverage) shall have a limit C:\Documents and Settings\LDekle\Local Settings\Temporary Internet Diges\OLK6F\ATL-1193276-v3-Oconee Tract Declaration. DOC 132087.00362

BKs900 PG#245 of at least $5,000,000.00 per occurrence and in the aggregate with respect to bodily injury, personal injury, and property damage.

(iii) With respect to any contractors working on the premises or any third parties holding events on the premises, all such individuals shall be required to carry sufficient similar commercial general liability insurance with minimum limits of $1,000,000.00 combined single limit per occurrence and $1,000,000.00 general aggregate limit. The commercial general liability policy shall also be endorsed to include Pulte Homes, Inc., its subsidiaries and affiliates and their respective directors, officers, employees, and agents as additional insureds with respect to any claims, losses, expenses or other costs arising out of any Work performed for Pulte.

(iv) Certificates of insurance evidencing the minimum coverage required herein by any parties described above (other than the Association) shall be filed with the Association at the time of execution of any Agreement for services or events conducted on the premises and shall be maintained in a current status throughout the term of any such Agreement. Such certificates of insurance shall require the insurer(s) to provide not less than thirty (30) days advance written notice to the Association in the event of any cancellation, non-renewal or material (greater than twenty-five percent [25%] reduction) change in the policy limits, terms or conditions. Such third parties shall maintain all of their insurance and at the requested levels described above for not less than five (5) years following the expiration or termination of any Agreement with the Association.

(v) Statutory Workers' compensation and employer's liability insurance in the amount of the State of Georgia's statutory limits to cover all employees engaged in the services.

Earthquake, wind and flood damage coverage, of and to the extent required by law and or appropriate for an Association based in Georgia.

(vii) Automobile liability insurance for all owned, non-owned and hired vehicles with a minimum limit of $500,000.00 combined single limit per accident; and

(viii) Directors and officers liability coverage; and

(ix) Commercial crime insurance covering all Persons, including Persons serving without compensation, responsible for handling Association funds in an amount determined in the Board's business judgment but not less than an amount equal to one-quarter of the annual Base Assessments on all Lots plus reserves on hand.

(x) All of the coverage required herein shall be maintained with insurers rated B+ or better in the most current edition of Best's Insurance Reports.

(x1) Insurance obtained for the Association is not intended to replace any individual's personal liability or property insurance.

The Board, in the exercise of its business judgment, may obtain such additional insurance coverage and higher limits.

Premiums for insurance on the Common Area shall be Common Expenses.

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8K:900 PG: 246 Policy Requirements. Prior to the adoption of any operating budget, the Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs in the metropolitan Atlanta area. All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured. Declarant reserves the right to provide insurance under Declarant's policy, provided that the cost to replace the insurance when such coverage terminates shall be disclosed to the Membership as a footnote to the budget.

The policies may contain a reasonable deductible which shall not be subtracted from the face amount of the policy in determining whether the policy limits satisfy the requirements of Section 7.3(a). In the event of an insured loss, the deductible shall be treated as a Common

deductible against such Owner(s) and their Lots as a Benefited Assessment.

All insurance coverage obtained by the Board shall:

(i) be written with a company authorized and licensed to do business in Georgia;

be written in the name of the Association as trustee for the benefited parties. Policies on the Common Areas shall be for the benefit of the Association and its Members;

(i¡i) not be brought into contribution with insurance purchased by individual Owners, their Mortgagees, or any occupants of a Lot;

(iv) contain an inflation guard endorsement;

(v) include an agreed amount endorsement, if the policy contains a coinsurance clause;

provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Area as a Member in the Association (provided, this provision shall not be construed as giving an Owner any interest in the Common Area other than that of a Member);

(Vii) Unless the Board waives this requirement, it must include an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; and

(viii) include an endorsement precluding cancellation, invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual

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BK#900 FG:247 Owners, unless such Owner is acting within the scope of its authority on behalf of the Association.

In addition, the Board shall use reasonable efforts to secure insurance policies which list the Owners (as a class) as additional insureds and provide:

(i) a waiver of subrogation as to any claims against the Association's Board, officers, employees, and its manager, the Owners and their tenants, servants, agents, and guests;

(ı1) a waiver of the insurer's rights to repair and reconstruct instead of paying cash;

(iii) an endorsement requiring at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification, or non-renewal;

(iv) a cross liability provision; and

(v) a provision vesting in the Board or their authorized representative, which shall be Declarant so long as Declarant's policy provides Association coverage, exclusive authority to adjust losses; provided, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related to the loss.

(b) Restoring Damaged Improvements. In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes.

Damaged improvements on the Common Area shall be repaired or reconstructed unless the Members representing at least seventy-five percent (75%) of the total Member votes in the Association and the Declarant, if any, decide within sixty (60) days after the loss not to repair or reconstruct. If either the insurance proceeds or estimates of the loss, or both, are not available to the Association within such 60-day period, then the period shall be extended for up to sixty (60) additional days until such funds or information are available. No Mortgagees shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed.

If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive condition consistent with the Community-Wide Standard.

The Association shall retain any insurance proceeds remaining after paying the costs of repair or reconstruction, or after an agreed upon settlement, for the benefit of the Members, as appropriate, and place in a capital improvements account. This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Lot.

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8X:900 PG:248 If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the applicable insurance coverage premiums.

7.4. Compliance and Enforcement.

(a) The Board may impose sanctions for Governing Documents violations, which sanctions include those listed below and any others specifically described in the Governing Documents. The Board may establish a range of penalties for different violations, with violations of the Declaration, unsafe conduct, and harassment or intentionally malicious conduct treated more severely than other violations.

The following sanctions require prior notice and an opportunity for a hearing in accordance with the By-Laws (provided only a single notice and hearing is required for continuing violations):

(i) suspending an Owner's right to vote;

(ii) suspending any Person's right to use Common Area amenities; provided, nothing shall authorize the Board to impair an Owner's or occupant's access to his or her Lot;

(ı1i) suspending any services the Association would otherwise provide to or for the benefit of the applicable Lot;

(iv) exercising self-help or taking action to abate any violation of the Governing Documents occurring on a Lot in a non-emergency situation; and

(v) levying Benefited Assessments to cover costs incurred by the Association to bring a Lot into compliance with the Governing Documents.

(vi) In addition to the foregoing, the Board of Directors shall also have the authority to levy specific assessments (Specific Assessments?) against any Member of the Association who shall fail to comply with or abide by any provision or restriction of this Declaration or the Governing Documents, or any rule or regulation adopted by the Board of Directors of the Association regarding the use, occupancy or maintenance of the Lots, or the use of the Common Area, pursuant to the exercise of the power and authority granted to the Board of Directors in this Declaration, or the Articles or the Bylaws, to adopt such rules and regulations. Any Specific Assessments pursuant to this paragraph (vi) shall be levied specifically against the Member who, or whose Lot, shall not be in compliance with such provision or restriction, and against all Lot(s) owned by such Member, and such Specific Assessment shall be collected in the same manner as Benefited Assessments. Prior to assessing any Specific Assessments in accordance herewith, the Board of Directors shall deliver written notice to the noncompliant Member of the specific nature of the violation and the action necessary by the Member to cure the violation. Any Member in receipt of such notice shall have ten (10) days thereafter or such longer time as the Board of Directors shall determine in its sole discretion to cure the specified violation. After the expiration of the cure period described above, the Member shall incur a Specific Assessment for each day that the violation has not been cured by the action described in the notice from the Board of Directors. In no event, however, shall the amount of each

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8K:900 PG#249 individual Specific Assessment total more than four percent (4%) of the amount of the Annual Assessments then in effect. Notwithstanding the foregoing per day cap, there is no cap on the total amount of Specific Assessments that may be imposed against a Member and such Member's LotS).

In addition, the Board or its designees may take the following enforcement actions to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the By-Laws:

(1) exercising self-help in any emergency situation (specifically including, but not limited to, towing vehicles that are in violation of parking rules and regulations);

(ii) taking other action to abate a violation on the Common Area or a violation on a Lot in an emergency situation; or

(iii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both.

In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of violation or perform such required maintenance and assess all costs incurred against the Lot and the Owner as a Benefited Assessment.

All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys' fees and court costs, reasonably incurred in such action.

(c) The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case:

the Association's position is not strong enough to justify taking any or further action;

the covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with applicable law;

(iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or

(iv) that it is not in the Association's best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

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BK:900 PG:250 Such a decision shall not be construed a waiver of the Association's right to enforce such provision at a later time or preclude the Association from enforcing any other covenant, restriction, or rule.

(d) In computing the number of days for purposes of any provision of this Declaration or any of the other Recorded documents, all days shall be counted including Saturdays, Sundays, and holidays; provided however, that if the final day of any time period falls on a Saturday, Sunday or legal holiday, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or legal holiday.

7.5. Enforcement of Design Guidelines

Any construction, alteration, or other work performed in violation of the Design Guidelines shall be deemed to be nonconforming. Upon written request from the Association or Declarant, Owners shall, at their own cost and expense and within such reasonable time frame as set forth in such written notice, cure the nonconformance to the satisfaction of the requester or restore the Lot and/or Dwelling Unit to substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore as required, the Association, Declarant, or their designees shall have the right to enter the property, remove the violation, and restore the property to substantially the same condition as previously existed. All costs, together with the interest at the rate established by the Board (not to exceed the maximum rate then allowed by law), may be assessed against the benefited Lot and collected as a Benefited Assessment unless otherwise prohibited in this Declaration.

(b) All Design approvals shall be deemed conditioned upon completion of all elements of the approved work and all work previously approved with respect to the same Lot, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved work by the deadline set forth in the approval, Declarant or the Association may, after notifying the Owner of the Lot and giving an opportunity to be heard in accordance with the By-Laws, enter upon the Lot and remove or complete any incomplete work and to assess all costs incurred against the Lot and the Owner thereof as a Benefited Assessment.

All acts by any contractor, subcontractor, agent, employee, or invitee of an Owner shall be deemed as an act done by or on behalf of such Owner. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the Design Guidelines may be excluded from the Community, subject to the notice and hearing procedures contained in the By-Laws. In such event, neither Declarant nor the Association, or their officers and directors, shall be held liable to any Person for exercising the rights granted by this Paragraph.

The Association shall be primarily responsible for enforcement of the Design Guidelines. If, however, in the discretion of Declarant, the Association fails to take appropriate enforcement action, as authorized herein, within a reasonable time period, Declarant, for so long as it owns any property described in Exhibit "A" or "B" to this Declaration, may, but shall not be obligated to, exercise enforcement rights in the same manner as set forth above. In addition to the foregoing, the Association and Declarant shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of the Design Guidelines and the

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BK:900 PG:251 Reviewer's decisions. If the Association or Declarant prevails, they shall be entitled to recover all costs including, without limitation, attorneys' fees and court costs, reasonably incurred in such action.

7.6. Implied Rights; Board Authority.

The Association may exercise any right or privilege given to it expressly, or by reasonable implication, by the Governing Documents, or take action reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically provided in the Governing Documents or by law, the Board may exercise the Association's rights and powers without a vote of the membership.

Notwithstanding anything stated herein to the contrary, it shall be the specific duty and obligation of the Association to fulfill the requirements of a Tract Association, as such term is defined by the Master Declaration, and to otherwise comply with the terms of the Master Declaration.

The Board may institute, defend, settle, or intervene on the Association's behalf in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Common Area, enforcement of the Governing Documents, or any other civil claim or action. However, the Governing Documents shall not be construed as creating any independent legal duty to institute any legal or other action or proceeding on behalf of or in the name of the Association or the Members.

In exercising the Association's rights and powers, making decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be subject to, and their actions shall be judged in accordance with, the standards set forth in the By-Laws.

7.7. Indemnification of Officers, Directors, and Others.

The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal lability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association).

Subject to Georgia law, the Association shall indemnify every officer, director, and committee member against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which the indemnitee's personal lability is limited under this Section.

This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall,

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BK:900 PG:252 as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available.

7.8. Safety and Security.

Each Owner and occupant of a Lot, and their respective guests and invitees, is responsible for their own personal safety and the security of their property in Del Webb at Lake Oconee. The Association may, but shall not be obligated to, maintain or support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself and his property. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of safety or security within the Community, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.

No representation or warranty is made that any systems or measures, including any mechanism or system for limiting access to the Community, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and shall be responsible for informing its tenants and all occupants of its Lot that the Association, its Board and committees, and Declarant are not insurers or guarantors of security or safety and that each Person within Del Webb at Lake Oconee assumes all risks of personal injury and loss or damage to property, including Lots and the contents of Lots, resulting from acts of third parties.

7.9 Guardhouses.

Guardhouses may be constructed within or adjacent to Del Webb at Lake Oconee in order to limit access and to provide more privacy for the Owners and Occupants. Each Owner and Occupant, and their families, guests and invitees, acknowledge that any such guardhouse may restrict or delay entry into, or access within Del Webb at Lake Oconee by police, fire department, ambulances and other emergency vehicles or personnel. Each Owner and Occupant and their families, guests and invitees agree to assume the risk that any such guardhouse will restrict or delay entry into, or access within Del Webb at Lake Oconee by police, fire department, ambulances or other emergency vehicles or personnel. Neither the Declarant, the Association nor any director, officer, agent or employee of the Declarant of the Association shall be liable to any Owner or Occupant or their families, guests or invitees for any claims or damages resulting directly or indirectly, from the construction, existence or maintenance of any such guardhouse.

If any guardhouses are constructed within Del Webb at Lake Oconee, the Declarant makes no representations or warranties that a guard service will be provided or, if guard service is provided, that it will be provided during any particular hours or be continued in the future.

7.10. Provision of Services.

The Association may provide, or provide for, services and facilities for all or any of the Members and their Lots, and may enter into and terminate contracts or agreements with other entities, including Declarant, to provide such services and facilities. The Board may charge use

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BK#900 PG: 253 or service fees for any such services and facilities, or may include the costs in the Association's budget as a Common Expense and assess it as part of the Base Assessment, if provided to all Lots. If provided to less than all Lots, the Association may assess such costs as a Benefited Assessment, as applicable. Such services and facilities to the extent not covered by the Base Assessment might include landscape maintenance, pest control service, cable television service, security, caretaker, transportation, fire protection, utilities, sewage disposal services, trash collection and recycling, and similar services and facilities. Any such services which the Association may elect to provide shall be provided in accordance with such rules and regulation as the Board may adopt in regard to the provision of such service.

Nothing in this Section shall be construed as a representation by Declarant or the Association as to what, it any, services shall be provided. In addition, the Board may modity or cancel existing contracts for services in its discretion, unless the services are otherwise required by the Governing Documents. Non-use of services provided to all Owners or Lots as a Common Expense shall not exempt any Owner from the obligation to pay Assessments for such services.

7.11. Relationships with Other Properties.

The Association may enter into contractual agreements or covenants to share costs with any neighboring properties to contribute funds for, among other things, shared or mutually beneficial property or services and/or a higher level of Common Area maintenance.

7.12. Facilities and Services Open to the Public.

The Board of Directors shall have the power and authority to rent or otherwise permit any portion(s) of the Common Areas of the Community to be utilized by Persons who are not Members or residents of the Community upon such terms and conditions, and for the payment to the Association of such consideration, as shall be determined by the Board in the exercise of its reasonable judgment. The power and authority of the Board herein provided for shall include the right to rent or otherwise permit the Common Area to be used on both a short-term basis and on a long-term or regularly recurring basis. The power and authority of the Board provided for in this Paragraph 7.12 shall include the right to grant the right of exclusive use of the Common Area to non-Members and non-residents of the Community for such periods of time as the Board shall determine.

7.13. View Impairment.

Neither Declarant nor the Association guarantee or represent that any view over and across the Lots, or any open space within the Community will be preserved without impairment, and neither shall be obligated to relocate, prune, or thin trees or other landscaping except to maintain the Community-Wide Standard or as otherwise required under a separate covenant or agreement. The Association and the Declarant (with respect to the Common Area) have the right to add trees, walls, fences, berms, homes or other structures, signs, lighting, water features and other landscaping from time to time subject to applicable law. Any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed. Any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed.

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8% #900 PG# 254 Notwithstanding the above, the Design Guidelines or Association rules may impose requirements restricting the location of modifications to existing Improvements designed to preserve views.

7.14. Relationship with Governmental and Tax-Exempt Organizations.

The Association may enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over the Common Area to, state or local governments, public utility providers, and non-profit, tax-exempt organizations for the benefit of the Community, the Association, and the Members. The Association may contribute or receive money, real property (including Common Area), personal property, or services to or from any such entity. Any such contribution shall be a Common Revenue or Expense and included as a line item in the Association's annual budget.

For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code (*Code?), such as, but not limited to, entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time.

ARTICLE VIII.

TELECOMMUNITY

8.1. Community Intranet System.

Declarant may establish on the Association's behalf, or the Association may establish, and the Association may maintain a community intranet system. The Board shall have discretion and authority in determining and selecting an appropriate system, and may change, modify, or terminate the system from time to time. There is no guarantee or representation that any particular type of community intranet system or systems will be utilized.

8.2. Provider of Broadband Service.

Declarant and the Association shall have authority to select the provider or providers of the components (including, but not limited to, hardware, software, programming, infrastructure, services, management, and administration) constituting the community broadband system. The Association shall have no obligation to utilize any particular provider or providers.

The Association may enter into contracts with providers for different components of the community broadband system and with other Persons for the maintenance, management, administration, upgrading, modification, and operation of the system. The terms of the applicable contract may obligate individual Owners or occupants to execute contracts or agreements directly with the Persons providing broadband components prior to gaining access to the system. Such contracts or agreements may contain terms and conditions relating to use and access to the community broadband system in addition to those contained in this Article.

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BK#900 PG#255 8.3. Governmental Regulation.

Any community broadband system and its providers, managers, and operators may be subject to federal, state, or municipal regulations, laws, and ordinances. Such regulations, laws, and ordinances may have a significant impact on certain aspects of the system including, but not limited to, the fees charged, the method of delivery, the rights of the system users, as well as the rights of the system providers or operators. These regulations and their impact are beyond the Association's control.

8.4. Use of Technology.

In recognition of the opportunities offered through computers and continuing advancements in the high technology fields, and in addition to the community broadband system provided for above, the Association may, as a Common Expense, provide for or offer services that make use of computers and other technological opportunities. For example, to the extent Georgia law permits, and unless otherwise specifically prohibited in the Governing Documents, the Association may send required notices by electronic means; hold Board or Association meetings and permit attendance and voting by electronic means; send and collect Assessment and other invoices over the computer; sponsor a community cable television channel; create and maintain a community intranet or Internet home page offering interactive participation opportunities for users; maintain an "online" newsletter or bulletin board; and provide funding to the Community Association for any of the above purposes.

8.5. Central Telecommunication, Receiving, and Distribution System.

Declarant reserves for itself, its affiliates, successors, and assignees, the exclusive and perpetual right and easement to operate within Del Webb at Lake Oconee, and to service the buildings and the structures within any Lot, a central telecommunication (including cable television and security monitoring) receiving and distribution system, including conduits, wires, amplifiers, towers, antennae, and other related apparatus and equipment (the "Community Systems_ as Declarant, in its discretion, deems appropriate. Such exclusive and perpetual right shall include, without limitation, Declarant's right to select and contract with companies licensed to provide telecommunications and cable television service in Del Webb at Lake Oconee area, and to charge individual users a reasonable fee not to exceed the maximum allowable charge for such service, as from time to time is defined by the laws, rules, and regulations of the relevant government authority, if applicable.

Declarant may require that the Association enter into a bulk rate service agreement for the provision of Community Systems to all Lots as a Common Expense. If particular services or benefits are provided to particular Owners or Lots at their request, the benefited Owner(s) shall pay the service provider directly for such services, or the Association may assess the costs as a Benefited Assessment.

8.6. Notices and Disclaimers as to Community Systems.

In recognition of the fact that interruptions in cable television and other Community Systems services will occur from time to time, neither Declarant nor any of Declarant's successors or assigns shall in any manner be liable for, and no Community System user shall be 132087.00362 C:\Documents and Settings\LDekle\Local Settings|Temporary Internet Bies\OLK6FIATL.-1193276-v3-Oconee Tract Declaration.DOC

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entitled to refund, rebate, discount, or offset in applicable fees, for any interruption in Community Systems services, regardless of whether or not such interruption is caused by reasons within the service provider's control.

8.7. Disclaimer and Limitation of Liability.

The Association shall not be liable for any loss, damage or injury resulting from (a) any virus or contamination of any data, computer, or computer system arising from access to the Community Systems; (b) any delays, interruptions, or inconveniences in accessing or using any functions of the Community Systems, or inability to access or download information, software or other materials through the Community Systems; (c) the quality, validity, completeness of, or any inaccuracies, errors or omissions in, any information, software or other materials accessible through the Community Systems. The Association does not endorse and makes no representations or warranties regarding the quality, safety, suitability, or usefulness of any software or other materials accessible through the Community Systems. All users assume the entire risk associated with use of and access to the Community Systems and any information, software or other materials available through the Community Systems.

ARTICLE IX.

ASSOCIATION FINANCES

9.1. Budgeting and Allocating Common Expenses.

Declarant shall establish the initial Base Assessments by calculating the amount anticipated to be needed to meet the financial needs of the Association for the Fiscal Year and calculating the amount of the Income and Revenue (as that term is defined in Paragraph 9.5(b)) to be received by the Association during such Fiscal Year. The Declarant shall not be responsible for paying Assessments on Lots owned by Declarant, but shall instead pay Declarant's obligation pursuant to Section 9.7(b).

The Board shall make available the final budget and shall send notice of the amount of the Base Assessment with a summary of the budget to each Owner at least thirty (30) days prior to the beginning of the applicable Fiscal Year. Except as required for the exercise of approval rights under Section 9.7, the budget shall not be subject to Owner approval and there shall be no obligation to call a meeting for the purpose of considering the budget.

If any proposed budget is disapproved under Section 9.7, or the Board fails for any reason to determine the budget for any Fiscal Year, then the budget most recently in effect shall continue in effect until a new budget is determined.

The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to Section 9.7 and the notice requirements set forth above.

9.2. Special Assessments.

In addition to other authorized Assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Any such

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BK :900 PG:257 Special Assessment shall be levied against the entire membership, if such Special Assessment is for Common Expenses. Any Special Assessment may be levied by the action of the Board, and the written consent of the Declarant, if any. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the Fiscal Year in which the Special Assessment is approved.

9.3. Benefited Assessments.

The Association shall have the power to levy Benefited Assessments against a particular Lot as follows:

to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of the Owners thereof pursuant to any menu of special services which the Association may offer (which might include the items identified in Section 7.10) or which the Association may otherwise provide to less than all Owners under the Declaration or any Supplemental Declaration. Benefited Assessments for special services may be levied in advance of the provision of the requested service; and

to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing, in accordance with the By-Laws, before levying any Benefited Assessment under this subsection (b).

9.4. Commencement of Assessment Obligation; Time of Payment.

The obligation to pay Assessments shall commence as to each Lot on the date of conveyance of title to the Lot to an Owner other than Declarant. The first annual Base Assessment levied on each Lot shall be pro-rated for the time remaining in the Fiscal Year.

Advance payment of Assessments shall be required for the applicable payment period at closing of the transfer of title to a Lot. The Board may impose special requirements for Owners with a history of delinquent payment. The Board shall establish if Assessments are to be paid annually, semi-annually or in quarterly or monthly installments. Until the Board otherwise provides, the Annual Base Assessment shall be due and payable in advance on the first day of each month of each Fiscal Year. If any Owner is delinquent in paying any Assessments or other charges levied on his Lot, the Board may require the outstanding balance on all Assessments to be paid in full immediately.

9.5. Obligation for Assessments.

(a) Personal Obligation. Each Owner (other than the Declarant), by accepting a deed for any Lot, covenants and agrees to pay all Assessments authorized in the Governing Documents. All Assessments, together with interest (computed from its due date at a rate of eighteen percent (18%) per annum or such higher rate as the Board may establish, subject to the limitations of Georgia law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each

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Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally hable for any Assessments and other charges due at the time of conveyance.

The Board's failure to establish or obtain Member approval, if required, of Assessment amounts or rates or failure to deliver or mail each Owner an Assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last Fiscal Year for which an Assessment was made, if any, until a new Assessment is levied, at which time the Association may retroactively assess any shortfalls in collections.

No Owner is exempt from liability for Assessments by non-use of Common Area, abandonment of his or her Lot, or any other means. The obligation to pay Assessments is a separate and independent covenant for which each Owner is jointly and severally liable. No diminution or abatement of Assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes.

Upon written request from an Owner, Mortgagee or other person designated by the Owner, the Association shall furnish to any Owner, Mortgagee or other person designated by the Owner liable for any type of Assessment a certificate in writing signed by an Association officer setting forth the amount of any unpaid Assessment against such Owner's Lot. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate.

(b) Declarant's Obligation.

(i) Payment of the "Subsidy". During the Declarant Control Period, Declarant shall not be obligated to pay Assessments for Lots owned by it but, instead, shall be obligated to pay the subsidy based on the "shortage" (i.e., operating deficit) for each Fiscal Year. A "shortage" shall exist if Income and Revenues (as defined below) for a particular Fiscal Year are less than Expenditures (as defined below) incurred for the same Fiscal Year. Income and Revenues and Expenditures are to be calculated using the accrual basis of accounting.

(A) Income and Revenues are: the amount of all income and revenue of any kind earned by the Association during the subject Fiscal Year, including, but not limited to, Assessments, use fees, cash advances (if any) provided by Declarant, and income from all other sources. For purposes of this Section, Assessments for each Lot are deemed earned on the annual anniversary date of the commencement of Assessments with respect to such Lot.

(B) Expenditures are: the amount of all actual operating expenses incurred, or obligated for, by the Association during the subject Fiscal Year, including without limitation (1) any reserve contributions for such year, and (2) any budgeted or approved nonbudgeted capital assets acquired during the Fiscal Year. Expenditures shall not include (1) all non-cash expenses such as depreciation or amortization, (2) expenditures for or purchase of non-

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BK :900 PG#259 budgeted, non-approved items, and (3) all expenditures made from reserve funds. For purposes of this paragraph, "approved" shall mean prior written approval of Declarant.

(C) Any surplus shall be utilized as a funding source for Operating Expenses for next Fiscal Year and not for Reserves.

Option to Pay "Shortage". Following expiration or termination of the Declarant Control Period, Declarant may annually elect either to pay the Assessments provided for in Section 9.1 hereof for each of its unsold Lots or to pay the shortage for such Fiscal Year. If Declarant elects to pay Assessments on each Lot and, after such payment, a shortage exists, Declarant shall not be obligated to pay such shortage. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each Fiscal Year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding Fiscal Year.

Subsidies/*In Kind" Contribution. The Association is specifically authorized to enter into subsidy contracts or contracts for "in kind contribution of services, materials, or a combination of services and materials with Declarant or other entities for payment of Common Expenses. Declarant's payment of Assessments may be reduced or abated by the agreed value of any such services or materials provided by Declarant, in accordance with any such contract or agreement with the Association.

Disclosure and Payment of Subsidy. Any such subsidy shall be disclosed as a line item in the income portion of the budget. The payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant.

9.6. Lien for Assessments.

The Association shall have a lien against each Lot (except for Lots owned by the Declarant) to secure payment of delinquent Assessments, as well as interest, late charges (subject to the limitations of Georgia law), and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, Assessments, and other levies which by law would be superior, and (b) the lien or charge of any Recorded first Mortgage (meaning any Recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment, and judicial or nonjudicial foreclosure.

At a foreclosure sale, the Association may bid for the Lot and acquire, hold, lease, mortgage, and convey the Lot. The Association may sue for unpaid Assessments and other charges without foreclosing or waiving its Assessment lien.

Sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any subsequent Assessments. However, the sale or transfer of any Lot pursuant to foreclosure by the first Mortgagee extinguishes the lien relating to any amounts due prior to the Mortgagee's foreclosure. The purchaser of a foreclosed Lot shall not be personally liable for Assessments on such Lot due prior to the foreclosure sale. Such unpaid Assessments shall be

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BK:900 PG:260 deemed to be Common Expenses collectible from Owners of all Lots subject to Assessment under Section 9.5, including such purchaser, its successors and assigns.

Notwithstanding the above, if a Lot is owned by the Association: (a) no right to vote shall be exercised on its behalf; (b) no Assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual Assessment, its pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association.

9.7. Limitation on Increases of Assessments.

Notwithstanding any provision to the contrary, and except for Assessment increases necessary for emergency situations, the Board may not impose a Base Assessment that is more than twenty percent (20%) greater than such Assessments for the immediately preceding Fiscal Year without the approval of a majority of the Members subject to the applicable Assessment. Approval may be indicated by vote or written consent.

An emergency situation is any one of the following:

(a) an extraordinary expense required by an order of a court;

(b) an extraordinary expense necessary to repair or maintain any portion of the Community for which the Association is responsible where a threat to personal safety is discovered; or

an extraordinary expense necessary to repair or maintain any portion of the Community for which the Association is responsible which could not reasonably have been foreseen by the Board in preparing and distributing the pro forma budget pursuant to Section 9.1. However, prior to the imposition or collection of such an Assessment, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process. Notice of such resolution shall be provided to the Members along with the notice of such Assessment.

9.8. Initiation Assessments.

At the time the fee title to any Lot shall be conveyed by the Owner thereof (including by the Declarant) to a successor Owner, there shall be levied against such Lot a one-time initiation assessment (an Initiation Assessment). The amount of the Initiation Assessment shall be equal to one-fourth (1/4iại) of the amount of the annual Base Assessment that is in effect for such Lot for the Fiscal Year in which the conveyance of such Lot shall take place. The Initiation Assessment shall be due and payable to the Association at the time of the closing of the conveyance of the Lot in question and shall be secured by the lien of the Association on such Lot. In addition, the Initiation Assessment shall be the personal obligation of both the grantor and the grantee of such Lot, both of whom shall be jointly and severally liable for the payment of the same. The Association shall use the amounts received by the Association from the payment of Initiation Assessments for any such purposes as the Board of Directors deems appropriate, including, without limitation, the payment of operating expenses.

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Notwithstanding the foregoing, no Initiation Assessment shall be due in connection with the conveyance of a Lot:

(a) by a co-owner to any Person who was a co-owner immediately prior to such transfer;

(b) to the Owner's estate, surviving spouse, or heirs at law upon the death of the Owner;

to an entity wholly owned by the grantor or to a family trust created by the grantor for the direct benefit of the grantor and his or her spouse and/or heirs at law; provided, upon any subsequent transfer of an ownership interest in such entity, the New Member Fee shall become due; or

(d) to an institutional lender as security for the performance of an obligation pursuant to a Mortgage.

ARTICLE X.

ACTIVITY CARDS

10.1. Issuance by the Board.

One Activity Card shall be allocated to each Qualified Occupant of a Lot, up to a maximum of two Activity Cards per Lot. No Activity Cards shall be allocated to any Lot which is not Occupied by a Qualified Occupant. The Board shall determine entitlement to Activity Cards on an annual basis. Activity Cards shall be renewed annually, provided, the Lot continues to be Occupied by a Qualified Occupant and all applicable Assessments and other charges pertaining to the Lot have been paid. The Board may establish policies, limits, and charges with regard to the issuance of additional, renewal or replacement cards and guest privilege cards.

The Board may, at its sole discretion, issue temporary Activity Cards to persons who have signed binding contracts to purchase a Lot, subject to such policies as the Board may determine from time to time.

10.2 Assignment of Rights.

The right to an Activity Card is based upon Occupancy of a Lot. Any Owner who leases or otherwise transfers Occupancy of his or her Lot shall be deemed to have assigned his or her rights to an Activity Card to the Tenant of such Lot. The Tenant of the Lot shall be entitled to an Activity Card only if the Lot continues to be Occupied by a Qualified Occupant and in no event shall an Activity Card be assigned to anyone under nineteen (19) years of age. Any Owner who leases or otherwise transfers Occupancy of his or her Lot shall provide the Association with immediate written notice thereof and shall surrender to the Association his or her previously issued Activity Card. Activity Cards shall be surrendered by any holder who ceases to Occupy a Lot, or at any time upon written notification from the Association that the holder no longer is entitled to hold an Activity Card

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81:900 PG:262 10.3. Issuance to Declarant.

As long as Declarant owns any portion of the Community or has the right to annex property pursuant to Section 11.1, the Association shall provide Declarant, free of charge, with as many Activity Cards as Declarant, in its sole discretion, deems necessary for the purpose of marketing the Community or any property described in Exhibit "B." Declarant may transfer the Activity Cards to prospective purchasers of Lots subject to such terms and conditions as it, in its sole discretion, may determine. Activity Cards provided to Declarant shall entitle the bearer to use all Common Area and recreational facilities (subject to the availability, payment of admission fees or other use fees charged to Qualified Occupants holding Activity Cards).

ARTICLE XI.

EXPANSION OF THE COMMUNITY

11.1. Annexation by Declarant.

Declarant may, from time to time, subject to this Declaration all or any portion of the Annexable Property by Recording a Supplemental Declaration describing the property being subjected. A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of the portion of the Annexable Property being subjected to this Declaration, if other than Declarant.

Declarant's right to annex property pursuant to this Section expires when all property described in Exhibit "B" has been subjected to this Declaration or twenty (20) years after this Declaration is Recorded, whichever is earlier. Until then, Declarant may transfer or assign this right to any Person who is the owner of at least a portion of the real property described in Exhibit "B." Any such transfer shall be memorialized in a Recorded instrument executed by Declarant.

Nothing in this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop (or to refrain from developing) any of the property described in Exhibit "B" in any manner whatsoever.

11.2. Annexation by the Association.

The Association also may annex property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property. Any such Supplemental Declaration shall require the affirmative vote of more than fifty percent (50%) of the Members in person or by proxy at a meeting duly called for such purpose, and the consent of the property owner. In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 11.1, Declarant's consent is required. The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property, and by Declarant, if Declarant's consent is required.

11.3. Effect of Filing Supplemental Declaration.

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BK:900 PG#263 A Supplemental Declaration shall be effective upon Recording, unless otherwise specified. The Lots are thereby subjected to the Declaration and the jurisdiction of the Association and shall have equal voting rights in the Association and equal pro rata liability for Base Assessments with all other Lots.

ARTICLE XII.

ADDITIONAL RIGHTS RESERVED TO DECLARANT

12.1. Marketing and Sales Activities.

Notwithstanding any provision in this Declaration, including Exhibit "C," to the contrary, Declarant and Builders may construct and maintain upon portions of the Common Area and other property owned by Declarant or the Builder such facilities, activities, and things as, in Declarant's opinion, may reasonably be required, convenient, or incidental to the construction or sale of Lots. Such permitted facilities, activities, and things shall include, without limitation, business offices, signs, flags (whether hung from flag poles or attached to a structure), model Lots, sales offices, holding or sponsoring special events, and exterior lighting features or displays. In addition, if reasonably required, convenient, or incidental to construction or sales activities, Declarant and Builders may park vehicles in areas other than garages or driveways, including on streets. Declarant and Builders shall have easements for access to and use of such facilities at no charge. Builder's rights under this Section 12.1 are subject to Declarant's approval.

12.2. Right to Develop.

Declarant and Declarant's Affiliates and their employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area, and to the Annexable Property, as it deems appropriate in its sole discretion.

Nothing contained in this Declaration or in any Supplemental Declaration shall be construed to prevent the construction, installation or maintenance by the Declarant, any Declarant Affiliate or any agents or contractors thereof, during the period of development, construction and sales on the Property, of Improvements, landscaping or signs deemed necessary or convenient by the Declarant, in its sole discretion, to the development or sale of property within the Property.

12.3. Right to Approve Changes in Del Webb at Lake Oconce Standards.

No amendment to or modification of any Use Restrictions, rules, or the Design Guidelines shall be effective without prior notice to and the written approval of Declarant so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 11.1.

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12.4. Right to Transfer or Assign Declarant Rights.

Any or all of Declarant's special rights and obligations set forth in this Declaration or the By-Laws may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which Declarant has under this Declaration or the By-Laws. No such transfer or assignment shall be effective unless it is in a Recorded instrument signed by Declarant. Declarant may allow other Persons to exercise, on a one time or limited basis, any Declarant right without transferring such right in its entirety. In such case, a Recorded instrument is not required.

12.5. Right To Use Common Area for Special Events.

As long as Declarant owns any property described in Exhibit "A" or "B," Declarant shall have the right to use all Common Area, including recreational facilities, to sponsor special events for charitable, philanthropic, and social purposes as determined by Declarant in its sole discretion. Any such event shall be subject to the following conditions:

the availability of the facilities for the period of time requested of the Association by the Declarant, provided that the request is not submitted more than six (6) months prior the actual special event;

(b) Declarant shall pay all costs and expenses incurred and shall indemnify the Association against any loss or damage resulting from the special event (as per the insurance requirements for such events set forth herein) other than customary use charges that shall be waived; and

(c) Declarant shall return the facilities and personal property owned by the Association and used in conjunction with the special event to the Association in the same condition as existed prior to the special events.

Declarant shall have the right to assign its rights contained in this Section 12.5 to charitable organizations or foundations selected by Declarant. Declarant's right to use the Common Area for special events shall be enforceable by injunction, by any other remedy in law or equity, and by the terms of this Declaration.

12.6. Easement to Inspect and Right to Correct.

Declarant reserves for itself and others it may designate the right to inspect, monitor, test, redesign, and correct any structure, improvement, or condition which may exist on any portion of the Property, including Lots, and a perpetual nonexclusive easement of access throughout the Community to the extent reasonably necessary to exercise such right. Except in an emergency, entry onto a Lot shall be only after reasonable notice to the Owner and no entry into a Dwelling Unit or other structure on a Lot shall be permitted without the consent of the Owner. The Person exercising this easement shall promptly repair, and pay for, any resulting damage.

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BK:900 PG:265 12.7. Termination of Rights.

The rights reserved unto the Declarant in this Article shall terminate upon the earliest of (a) forty (40) years from the date this Declaration is Recorded, (b) Declarant's Recording of a written statement that all sales activity has ceased, or (c) the date on which the Declarant shall no longer own any portion of the Property or the Annexable Property. This Article 12 shall not be amended without Declarant's written consent so long as Declarant owns any property described in Exhibit "A" or "B."

12.8 Sales by Declarant.

Notwithstanding the restriction set forth in Section 3.1, Declarant reserves the right to sell Lots for Occupancy to Persons between fifty (50) and fifty-five (55) years of age; provided, such sales shall not affect the Community's compliance with all applicable State and Federal laws under which the Community may be developed and operated as an age-restricted community.

ARTICLE XIII.

EASEMENTS

13.1. Easements in Common Area.

Declarant grants to each Owner a nonexclusive right and easement of use, access, and enjoyment in and to the Common Area, subject to:

(a) The Governing Documents and any other applicable covenants;

(b) Any restrictions or limitations contained in any deed conveying such property to the Association;

(c) The Board's right to:

adopt rules regulating use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area;

suspend the right of an Owner to use any Common Area amenity (A) for any period during which any Assessment or other charge against the Owner's Lot remains delinquent, and (B) for a period not to exceed thirty (30) days for a single violation, or for a longer period in the case of any continuing violation, of the Governing Documents;

(iii) dedicate or transfer all or any part of the Common Area, subject to any approval requirements set forth in this Declaration;

rent or otherwise permit the use of the Common Area by non-Members and non-residents of the Community, as provided for in Paragraph 7.12 hereof;

mortgage, pledge, or hypothecate any or all of the Common Area as security for money borrowed or debts incurred;

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BK: 900 PG#266 The requirement that access to and use of recreational facilities within the Community shall be subject to the presentation of an Activity Card the Association issues for such purpose and as provided under Article X; and

(e) The Association's right to close or limit the use of the Common Areas, or portions thereof, while maintaining and repairing the same.

Any Owner may obtain guest passes to provide use and enjoyment of the community facilities to the members of his or her family, Tenants, and social invitees, as applicable, subject to reasonable regulation and use fees by the Board. An Owner who leases his or her Lot shall be deemed to have assigned all such rights to the Tenant of such Lot for the period of the lease.

13.2. Easements of Encroachment.

Declarant grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Lot and any adjacent Common Area and between adjacent Lots due to the unintentional placement, or settling, or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of these restrictions) to a distance of not more than three (3) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement.

13.3. Easements for Utilities, Etc.

(a) Installation and Maintenance. Declarant reserves for itself, so long as Declarant owns any property described in Exhibit "A" or "B," perpetual non-exclusive easements throughout Del Webb at Lake Oconee (but not through a structure) to the extent reasonably necessary for the purpose of:

(i) installing utilities and infrastructure to serve Del Webb at Lake Oconee, cable and other systems for sending and receiving data and/or other electronic signals, drainage systems, and security and similar systems;

installing underground walkways, pathways and trails, street lights, and signage on property which Declarant or the Association owns or within public rights-of-way or easements reserved for such purpose on a Plat;

(iii) inspecting, maintaining, repairing, and replacing the utilities, infrastructure, and other improvements described above; and

(IV) access to read utility meters.

Notwithstanding the above, Declarant reserves the right to grant or deny access to any utility or service provider, to the extent permitted by law, or to condition such access on negotiated terms.

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BK#900 FG:267 Utility Easements. Declarant also reserves for itself the non-exclusive right and power to grant and Record such utility easements as may be necessary, in Declarant's sole discretion, in connection with the orderly development of any property described in Exhibit "A" and "B." The location of the easement shall be subject to the written approval of the burdened property Owner, which approval shall not unreasonably be withheld, delayed, or conditioned.

(c) Minimal Interference. All work associated with the exercise of the easements described in subsections (a) and (b) of this Section shall be performed in such a manner as to minimize interference with the use and enjoyment of the property burdened by the easement. Upon completion of the work, the Person exercising the easement shall restore the property, to the extent reasonably possible, to its condition prior to the commencement of the work. The exercise of these easements shall not extend to permitting entry into the structures on any Lot, nor shall it unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant.

13.4. Easements to Serve Additional Property.

Declarant hereby reserves for itself and its duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the property described in Exhibit "B," whether or not such property is made subject to this Declaration. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property.

Declarant agrees that it and its successors or assigns, respectively, shall be responsible for any damage caused to the Common Area as a result of their actions. Declarant further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaration, Declarant, its successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway providing access to such Property.

13.5. Easements for Lake and Pond Maintenance and Flood Water.

Declarant reserves for itself, the Association, and their successors, assigns, and designees, the nonexclusive right and easement, but not the obligation, to enter upon bodies of water and wetlands located within the Common Area and enter upon adjacent Lots to the extent necessary to (a) install, operate, maintain, and replace pumps to supply irrigation water to the Common Area; (b) construct, maintain, and repair structures and equipment used for retaining water; and (c) maintain such areas in a manner consistent with the Community-Wide Standard. Declarant, the Association, and their successors, assigns, and designees shall have an access easement over and across any portion of the Community which abuts or contains bodies of water or wetlands to the extent reasonably necessary to exercise their rights under this Section.

Declarant further reserves for itself, the Association, and their successors, assigns and designees, a perpetual, nonexclusive right and easement of access and encroachment over the Common Area and Lots (but not inside a Dwelling Unit or other structure) adjacent to or within

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BK#900 PG#26฿ one hundred feet (100') of bodies of water and wetlands within Del Webb at Lake Oconee, in order to (a) temporarily flood and back water upon and maintain water over such portions of Del Webb at Lake Oconee; (b) alter in any manner and generally maintain the bodies of water and wetlands within the Common Area; and (c) maintain and landscape the slopes and banks pertaining to such areas. Anyone exercising these easements shall use reasonable care in and repair any damage resulting from their intentional exercise of the easements. Nothing herein shall be construed to make Declarant or any other Person liable for damage resulting from flooding due to natural occurrences.

13.6 Easements for Cross-Drainage.

Every Lot and the Common Area shall be burdened with easements for natural drainage of stormwater runoff from other portions of the Community; provided, no Person shall alter the natural drainage on any Lot to increase materially the drainage of stormwater onto adjacent portions of the Community without the consent of the Owner(s) of the affected property, the Board, and Declarant as long as it owns any property described in Exhibit "A" or "B" to the Declaration.

13.7. Rights to Stormwater Runoff, Effluent, and Water Reclamation.

Declarant hereby reserves for itself and its designees all rights to ground water, surface water, stormwater runoff, and effluent located or produced within the Community, and each Owner agrees, by acceptance of a deed to a Lot, that Declarant shall retain all such rights. Such rights shall include the reservation of an easement over the Community for access, and for installation and maintenance of facilities and equipment to capture and transport such water, runoff, and effluent. This Section may not be amended without the consent of Declarant and the rights created in this Section shall survive termination of this Declaration.

ARTICLE XIV.

PARTY WALLS AND OTHER SHARED STRUCTURES

14.1. General Rules of Law to Apply.

Each wall, fence, driveway, or similar structure built on the Lots which serves and/or separates any two adjoining Lots or a Lot and Common Area shall constitute a Party Structure. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Any dispute arising concerning a Party Structure shall be handled in accordance with the provisions of Article XV.

14.2. Maintenance; Damage and Destruction.

Unless otherwise specifically provided in additional covenants relating to such Lots, the cost of reasonable repair and maintenance of a Party Structure shall be shared equally by the Owners who own property benefited by the Party Structure.

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8K*900 PG:269 If a Party Structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any benefited Owner shall contribute a pro rata share for the cost of restoration. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions.

The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-in-title.

ARTICLE XV.

DISPUTE RESOLUTION AND LIMITATION ON LITIGATION

15.1. Agreement to Encourage Resolution of Disputes Without Litigation.

Declarant, the Association and its officers, directors, and committee members, and, by taking title to his or her Lot, all Owners (collectively, "Bound Parties"), agree that it is in the best interest of all concerned to encourage the amicable resolution of disputes involving Del Webb at Lake Oconee without litigation. Accordingly, each Bound Party agrees not to file suit in any court with respect to a Claim described in subsection (b), unless and until it has first submitted such Claim to the alternative dispute resolution procedures set forth in Section 15.2 in a good faith effort to resolve such Claim.

(b) As used in this Article, the term "Claim" shall refer to any claim, grievance, or dispute arising out of or relating to

(i) the interpretation, application, or enforcement of the Governing Documents;

(ii) the rights, obligations, and duties of any Bound Party under the Governing Documents;

(111) the design or construction of non-residential improvements within the Community, other than matters of aesthetic judgment under Article IV, which shall not be subject to review; or

(IV) a challenge to any decision by the Board or any decision by a Board Committee.

except that the following shall not be considered "Claims" unless all parties to the matter otherwise agree to submit the matter to the procedures set forth in Section 15.2:

• any suit by the Association to collect Assessments or other amounts due from any Owner;

• any suit between Owners, which does not include Declarant or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents;

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• any suit in which any indispensable party is not a Bound Party; and

• any suit as to which any applicable statute of limitations would expire within one hundred eighty (180) days of giving the Notice required by Section 15.5(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article.

15.2. Dispute Resolution Procedures.

Notice. The Bound Party asserting a Claim (Claimant) against another Bound Party ("Respondent') shall give written notice ("Notice") to each Respondent and to the Board stating plainly and concisely:

(I) the nature of the Claim, including the Persons involved and Respondent's role in the Claim;

(11) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises);

(ı11) the Claimant's proposed resolution or remedy; and

(iv) the Claimant's desire to meet with the Respondent to discuss in good faith ways to resolve the Claim.

(b) Negotiation. The Claimant and Respondent shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested in writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in negotiating a resolution of the Claim.

(c) Mediation. If the Bound Parties have not resolved the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other agreed upon period), the Claimant shall have thirty (30) additional days to submit the Claim to mediation with an entity designated by the Association (if the Association is not a party to the Claim) or to an independent agency providing dispute resolution services in the Atlanta, Georgia area. Each Bound Party shall submit to the mediator a written summary of the Claim.

If the Claimant does not submit the Claim to mediation within such time, or does not appear for and participate in good faith in the mediation when scheduled, the Claimant shall be deemed to have waived the Claim, and the Respondent shall be relieved of any and all liability to the Claimant (but not third parties) on account of such Claim.

If the Bound Parties do not settle the Claim within thirty (30) days after submitting the matter to mediation, or within such time as determined reasonable by the mediator, the mediator shall issue a notice of termination of the mediation proceedings indicating that the parties are at an impasse and the date that mediation was terminated. The Claimant shall thereafter be entitled to file suit or to initiate administrative proceedings on the Claim, as appropriate.

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BK # 900 PG#271 Each Bound Party shall bear its own costs of the mediation, including attorneys' fees, and each Party shall share equally all fees charged by the mediator.

(d) Settlement. Any settlement of the Claim through negotiation or mediation shall be documented in writing and signed by the Bound Parties. If any Bound Party thereafter fails to abide by the terms of such agreement, then any other Bound Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this Section. In such event, the Bound Party taking action to enforce the agreement shall, upon prevailing, be entitled to recover from the non-complying Bound Party (or each one in equal proportions) all costs incurred in enforcing such agreement, including, without limitation, attorneys' fees and court costs.

15.3. Initiation of Litigation by Association.

In addition to compliance with the foregoing alternative dispute resolution procedures, if applicable, the Association shall not initiate any judicial or administrative proceeding against the Declarant unless first approved by a vote of Members entitled to cast seventy-five percent (75%) of the total Member votes in the Association, except that no such approval shall be required for actions or proceedings:

(a) initiated during the Declarant Control Period;

(b) initiated to enforce the provisions of this Declaration, including collection of Assessments, and foreclosure of liens and seeking injunctive relief for non-monetary violations; or

(c) to defend claims filed against the Association or to assert counterclaims in proceedings instituted against it.

This Section shall not be amended unless such amendment is approved by the same percentage of votes necessary to institute proceedings. The Association cannot sue anyone with respect to any issues on individual homes including, without limitation, construction and warranty claims, and can only sue for issues regarding the Common Areas.

In the matters listed above, the Directors of the Association shall be indemnified for their decisions pursuant to Section 7.7.

ARTICLE XVI.

AMENDMENT OF DECLARATION

16.1 By Declarant.

Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (b) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) to enable any institutional or governmental lender, purchaser, insurer, or guarantor of mortgage loans, including, for example, the Federal National Mortgage

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BX:900 PG:272 Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure, or guarantee mortgage loans on the Lots; (d) to correct clerical or technical errors; or (iv) to satisfy the requirements of any local, state, or federal governmental agency. However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in writing.

16.2. By Members.

Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing no fewer than sixty-seven percent (67%) of the total votes in the Association, including sixty-seven percent (67%) of the Member votes held by Members other than Declarant, and Declarant's consent, so long Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 11.1.

16.3. Validity and Effective Date.

No amendment may remove, revoke, or modify any right or privilege of Declarant without the written consent of Declarant.

If an Owner consents to any amendment to this Declaration or the By-Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Any amendment shall only become effective upon Recording, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within three (3) months of its Recordation or such amendment shall be presumed to have been validly adopted.

16.4. Exhibits.

Exhibit "A" and "B" attached to this Declaration are incorporated by this reference and amendment of such exhibits shall be governed by this Article. Exhibit "C" is incorporated by reference and may be amended as provided in Article III or pursuant to Section 16.1.

[Remainder of Page Intentionally Left Blank]

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IN WITNESS WHEREOF, the undersigned Declarant and the Association have executed this Declaration the date and year first written above.

Signed, sealed and delivered in the DECLARANT:

presence of:

PULTE HOME CORPORATION

Unofficial Witness By:

Ted Turner

VP Land Development

Notary Public

My Commission Expires:

1:29.2011

Exact Date of Execution by Noty AuL

8.30.0 SEKLE

NOTARY

[AFFIX NOTARIAL SEA| JANUARY 29, 2011 EXPIRES

PUBLIC

Signed, sealed and delivered to COUNTY. ASSOCIATION:

presence of:

DEL WEBB AT LAKE OCONEE

HOMEOWNER ASSOCIATION, INC. Unofficial Witness

By: Leed Len

Name: ed Turner

Notary Public Title: Secretary

My Commission Expires:

29.2011

Exact Date of Execution by Notary Public:

SHE A

8.38

[AFFIX NOTARIS NOTARY

SANDRY 28, 2011

PUBLIC

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BK:900 PG#274 EXHIBIT "A"

Land Initially Submitted

ALL THAT TRACT OR PARCEL OF LAND Iying and being in 161 G.M. District, Greene County, Georgia, and being Lots 101-103, Inclusive, 106-108, Inclusive 122, 130, 131, and 801-814, Inclusive, as shown on that certain Final Plat for: Del Webb at Lake Oconee, Phase 1, Unit I, prepared by Ricky E. Gifford G.R.L.S. No. 3025 of Travis Pruitt & Associates, Inc., dated June 8, 2007, recorded in Plat Book 632, Page 1, Greene County, Georgia Records, which plat is incorporated herein by reference thereto.

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EXHIBIT "B3

Land Subject to Annexation

Tract 1

All that tract or parcel of land lying and being in G.M.D. 161, Greene County, Georgia and being more particularly described as follows:

Commencing at the intersection of the westerly right of way of Carey Station Road with the northerly right of way of State Route No. 44; thence proceed in a northerly direction a distance of 5022.94 feet as measured along Carey Station Road to a 1/2 inch open top pipe found; thence leaving the right of way of Carey Station Road (having an 80 foot right of way width); South 74 Degrees 39 Minutes 56 Seconds West, a distance of 295.00 feet to an iron pin set; thence South 11 Degrees 33 Minutes 13 Seconds East, a distance of 450.00 feet to a 1/2 inch open top pipe; thence South 74 degrees 23 minutes 18 seconds West a distance of 1208.25 feet to an iron pin set; thence South 14 degrees 31 minutes 12 seconds West a distance of 1488.34 feet to a 1 inch iron pipe; thence South 03 degrees 22 minutes 36 seconds East a distance of 161.92 feet to a point; thence South 88 Degrees 04 Minutes 13 Seconds West, a distance of 501.29 feet; thence South 61 Degrees 32 Minutes 25 Seconds West, a distance of 198.72 feet; thence North 81 degrees 32 minutes 35 seconds West a distance of 208.64 feet to a 1 inch open top pipe; thence North 82 degrees 19 minutes 37 seconds West a distance of 243.50 feet to a l inch open top pipe; thence North 82 degrees 45 minutes 25 seconds West a distance of 826.73 feet to concrete monument found; thence North 02 degrees 49 minutes 55 seconds West a distance of 232.48 feet to a concrete monument found; thence South 86 degrees 28 minutes 06 seconds West a distance of 48.32 feet to a 1/2 inch open top found; thence North 03 Degrees 21 Minutes 42 Seconds West, a distance of 1028.66 feet to a point in the centerline of a creek; thence along said centerline of creek; South 83 Degrees 07 Minutes 12 Seconds East, a distance of 19.64 feet; thence South 65 Degrees 37 Minutes 37 Seconds East, a distance of 45.30 feet; thence North 45 Degrees 04 Minutes 50 Seconds East, a distance of 81.70 feet; thence North 37 Degrees 41 Minutes 03 Seconds East, a distance of 33.34 feet; thence North 49 Degrees 24 Minutes 43 Seconds East, a distance of 55.61 feet; thence North 00 Degrees 26 Minutes 25 Seconds East, a distance of 61.30 feet; thence North 49 Degrees 05 Minutes 55 Seconds East, a distance of 87.60 feet; thence North 25 Degrees 55 Minutes 15 Seconds East, a distance of 35.98 feet; thence North 60 Degrees 20 Minutes 58 Seconds East, a distance of 93.55 feet; thence North 33 Degrees 19 Minutes 37 Seconds East, a distance of 22.73 feet; thence North 61 Degrees 30 Minutes 58 Seconds East, a distance of 72.80 feet; thence North 40 Degrees 32 Minutes 19 Seconds East, a distance of 45.23 feet; thence South 49 Degrees 18 Minutes 59 Seconds East, a distance of 35.20 feet; thence North 64 Degrees 12 Minutes 59 Seconds East, a distance of 21.96 feet; thence North 35 Degrees 54 Minutes 34 Seconds East, a distance of 45.34 feet; thence North 51 Degrees 03 Minutes 58 Seconds East, a distance of 38.47 feet; thence South 55 Degrees 11 Minutes 38 Seconds East, a distance of 32.87 feet; thence North 58 Degrees 39 Minutes 26 Seconds East, a distance of 26.14 feet; thence North 18 Degrees 47 Minutes 02 Seconds East, a distance of 84.26 feet; thence North 39 Degrees 27 Minutes 42 Seconds East, a distance of 129.94 feet; thence North 22 Degrees 01 Minutes 00 Seconds East, a distance of 50.73 feet; thence North 50 Degrees 37 Minutes 48 Seconds East, a distance of 56.02 feet; thence North 24 Degrees 26 Minutes 40 Seconds East, a distance of 31.30 feet; thence North 06 Degrees 36 Minutes 28 Seconds West, a distance of 2045.69 feet to an iron pin found (bolt); thence North 07 degrees 25 minutes 40 seconds West a distance of 360.14 feet to a 1/2 inch open top pipe on the southerly right of way of Askew Road (40 foot right of way width); thence North 73 degrees 05 minutes 30 seconds East a

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distance of 87.77 feet to a 2 inch open top pipe on the northerly right of way of Askew Road being the Point of Beginning; thence from said Point of Beginning as thus established, leaving said right of way North 73 degrees 00 minutes 00 seconds East a distance of 48.99 feet to a 2 inch open top pipe; thence North 87 degrees 19 minutes 34 seconds East a distance of 216.89 feet to a 2 inch open top pipe; thence North 79 degrees 16 minutes 39 seconds East a distance of 369.25 feet to a 2 inch open top pipe; thence North 82 degrees 11 minutes 59 seconds East a distance of 178.19 feet to a 2 inch open top found; thence South 86 degrees 41 minutes 00 seconds East a distance of 51.89 feet to a 1/2 inch rebar found on the northerly right of way of Askew Road; thence along said right of way, in a westerly direction, following a counterclockwise curve with an arc distance of 162.48 feet, having a radius of 1454.84 feet, subtended by a chord bearing and distance of South 60 degrees 06 minutes 42 seconds West, 162.40 feet to a point; thence continuing along said right of way, the following courses and distances, following a clockwise curve with an are distance of 243.89 feet, having a radius of 479.98 feet, subtended by a chord bearing and distance of South 69 degrees 23 minutes 33 seconds West, 241.27 feet to a point; thence following a clockwise curve with an arc distance of 121.19 feet, having a radius of 813.29 feet, subtended by a chord bearing and distance of South 85 degrees 14 minutes 35 seconds West, 121.08 feet to a point; thence following a clockwise curve with an arc distance of 178.97 feet, having a radius of 813.29 feet, subtended by a chord bearing and distance of North 84 degrees 11 minutes 02 seconds West, 178.61 feet to a point; thence North 77 degrees 05 minutes 43 seconds West a distance of 194.59 feet to a point being the Point of Beginning

The above described property is shown on a Boundary Survey For: Pulte Home Corporation as Tract 1 containing 1.51 Acres prepared by Travis Pruitt and Associates, Inc., dated April 26, 2006.

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LEGAL DESCRIPTION

Total of Tracts 2, 3 & 4

All that tract or parcel of land lying and being in G.M.D. 161, Greene County, Georgia and being more particularly described as follows:

Commencing at the intersection of the westerly right of way of Carey Station Road with the northerly right of way of State Route No. 44; thence proceed in a northerly direction a distance of 5022.94 feet as measured along Carey Station Road to a 1/2 inch open top pipe found being the Point of Beginning; thence from said Point of Beginning as thus established, leaving the right of way of Carey Station Road (having an 80 foot right of way); South 74 Degrees 39 Minutes 56 Seconds West, a distance of 295.00 feet to an iron pin set; thence South 11 Degrees 33 Minutes 13 Seconds East, a distance of 450.00 feet to a 1/2 inch open top pipe; thence South 12 Degrees 15 Minutes 25 Seconds East, a distance of 80.52 feet; thence South 76 Degrees 54 Minutes 49 Seconds West, a distance of 692.89 feet; thence South 42 Degrees 00 Minutes 07 Seconds West, a distance of 384.80 feet; thence South 22 Degrees 31 Minutes 08 Seconds West, a distance of 296.33 feet; thence South 02 Degrees 00 Minutes 29 Seconds East, a distance of 247.23 feet; thence South 04 Degrees 50 Minutes 49 Seconds East, a distance of 301.32 feet; thence South 29 Degrees 33 Minutes 56 Seconds East, a distance of 96.32 feet; thence South 79 Degrees 54 Minutes 35 Seconds East, a distance of 182.86 feet; thence South 11 Degrees 36 Minutes 22 Seconds West, a distance of 360.43 feet; thence North 87 Degrees 28 Minutes 13 Seconds West, a distance of 168.26 feet; thence South 55 Degrees 31 Minutes 19 Seconds West, a distance of 135.96 feet; thence South 78 Degrees 01 Minutes 31 Seconds West, a distance of 154.94 feet; thence South 51 Degrees 27 Minutes 07 Seconds West, a distance of 106.62 feet; thence North 73 Degrees 14 Minutes 14 Seconds West, a distance of 180.21 feet; thence South 88 Degrees 04 Minutes 13 Seconds West, a distance of 501.29 feet; thence South 61 Degrees 32 Minutes 25 Seconds West, a distance of 198.72 feet; thence South 02 Degrees 41 Minutes 40 Seconds West, a distance of 245.72 feet; thence South 32 Degrees 01 Minutes 11 Seconds East, a distance of 225.09 feet; thence South 19 Degrees 11 Minutes 52 Seconds East, a distance of 230.62 feet; thence South 25 Degrees 49 Minutes 58 Seconds West, a distance of 188.12 feet; thence South 48 Degrees 01 Minutes 42 Seconds West, a distance of 292.08 feet; thence South 29 Degrees 02 Minutes 39 Seconds West, a distance of 141.53 feet; thence South 10 Degrees 42 Minutes 29 Seconds West, a distance of 147.91 feet; thence South 15 Degrees 09 Minutes 33 Seconds East, a distance of 239.57 feet; thence South 02 Degrees 49 Minutes 09 Seconds East, a distance of 300.58 feet; thence South 15 Degrees 42 Minutes 49 Seconds East, a distance of 240.28 feet; thence South 18 Degrees 01 Minutes 48 Seconds West, a distance of 231.53 feet; thence South 56 Degrees 07 Minutes 51 Seconds West, a distance of 193.62 feet; thence North 87 Degrees 58 Minutes 03 Seconds West, a distance of 142.53 feet; thence North 75 Degrees 15 Minutes 37 Seconds West, a distance of 1027.10 feet; thence South 83 Degrees 12 Minutes 02 Seconds West, a distance of 303.66 feet; thence North 65 Degrees 36 Minutes 53 Seconds West, a distance of 420.52 feet; thence North 89 Degrees 30 Minutes 50 Seconds West, a distance of 231.66 feet; thence South 71 Degrees 32 Minutes 53 Seconds West, a distance of 153.32 feet; thence North 83 Degrees 08 Minutes 39 Seconds West, a distance of 196.17 feet; thence North 55 Degrees 47 Minutes 15 Seconds West, a distance of 370.04 feet; thence North 81 Degrees 20 Minutes 36 Seconds West, a distance of

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BК:900 PG:278 189.39 feet; thence North 74 Degrees 47 Minutes 30 Seconds West, a distance of 320.38 feet; thence North 55 Degrees 38 Minutes 21 Seconds West, a distance of 515.46 feet; thence North 39 Degrees 56 Minutes 06 Seconds West, a distance of 299.69 feet to a 3/8 inch rebar found; thence North 44 Degrees 12 Minutes 34 Seconds East, a distance of 227.02 feet 3/8 inch rebar found; thence North 59 Degrees 31 Minutes 58 Seconds East, a distance of 166.72 feet 3/8 inch rebar found; thence North 31 Degrees 54 Minutes 32 Seconds East, a distance of 271.01 feet 3/8 inch rebar found; thence North 54 Degrees 14 Minutes 41 Seconds East, a distance of 114.56 feet 3/8 inch rebar found; thence South 66 Degrees 49 Minutes 31 Seconds East, a distance of 83.20 feet 3/8 inch rebar found; thence North 23 Degrees 07 Minutes 11 Seconds East, a distance of 105.89 feet 3/8 inch rebar found; thence North 45 Degrees 39 Minutes 35 Seconds East, a distance of 212.74 feet 3/8 inch rebar found; thence North 68 Degrees 13 Minutes 16 Seconds East, a distance of 156.42 feet 3/8 inch rebar found; thence North 40 Degrees 32 Minutes 30 Seconds East, a distance of 194.88 feet 3/8 inch rebar found; thence North 47 Degrees 58 Minutes 44 Seconds East, a distance of 915.95 feet to a 2 inch open top pipe found; thence South 82 Degrees 41 Minutes 56 Seconds East, a distance of 130.99 feet to a 3/8 inch rebar found; thence North 31 Degrees 39 Minutes 10 Seconds West, a distance of 9.81 feet 3/8 inch rebar found; thence South 89 Degrees 00 Minutes 43 Seconds East, a distance of 901.04 feet a 1/2 inch open top found; thence North 03 Degrees 21 Minutes 42 Seconds West, a distance of 1028.66 feet to a point in the centerline of a creek; thence along said centerline of creek; South 83 Degrees 07 Minutes 12 Seconds East, a distance of 19,64 feet; thence South 65 Degrees 37 Minutes 37 Seconds East, a distance of 45.30 feet; thence North 45 Degrees 04 Minutes 50 Seconds East, a distance of 81.70 feet; thence North 37 Degrees 41 Minutes 03 Seconds East, a distance of 33.34 feet; thence North 49 Degrees 24 Minutes 43 Seconds East, a distance of 55.61 feet; thence North 00 Degrees 26 Minutes 25 Seconds East, a distance of 61.30 feet; thence North 49 Degrees 05 Minutes 55 Seconds East, a distance of 87.60 feet; thence North 25 Degrees 55 Minutes 15 Seconds East, a distance of 35.98 feet; thence North 60 Degrees 20 Minutes 58 Seconds East, a distance of 93.55 feet; thence North 33 Degrees 19 Minutes 37 Seconds East, a distance of 22.73 feet; thence North 61 Degrees 30 Minutes 58 Seconds East, a distance of 72.80 feet; thence North 40 Degrees 32 Minutes 19 Seconds East, a distance of 45.23 feet; thence South 49 Degrees 18 Minutes 59 Seconds East, a distance of 35.20 feet; thence North 64 Degrees 12 Minutes 59 Seconds East, a distance of 21.96 feet; thence North 35 Degrees 54 Minutes 34 Seconds East, a distance of 45.34 feet; thence North 51 Degrees 03 Minutes 58 Seconds East, a distance of 38.47 feet; thence South 55 Degrees 11 Minutes 38 Seconds East, a distance of 32.87 feet; thence North 58 Degrees 39 Minutes 26 Seconds East, a distance of 26.14 feet; thence North 18 Degrees 47 Minutes 02 Seconds East, a distance of 84.26 feet; thence North 39 Degrees 27 Minutes 42 Seconds East, a distance of 129.94 feet; thence North 22 Degrees 01 Minutes 00 Seconds East, a distance of 50.73 feet; thence North 50 Degrees 37 Minutes 48 Seconds East, a distance of 56.02 feet; thence North 24 Degrees 26 Minutes 40 Seconds East, a distance of 31.30 feet; thence North 06 Degrees 36 Minutes 28 Seconds West, a distance of 2045.69 feet to an iron pin found (bolt); thence South 78 Degrees 53 Minutes 05 Seconds East, a distance of 352.52 feet to an iron pin set; thence North 04 Degrees 58 Minutes 57 Seconds East, a distance of 350.61 feet to a point on the southerly right of way of Askew Road (40 foot right of way width); thence along said right of way, following a counterclockwise curve with an arc distance of 150.14 feet, having a radius of 853.28 feet, subtended by a chord bearing and distance of North 86 Degrees 23 Minutes 16 Seconds East, 149.95 feet; thence leaving said right of way, South 04 Degrees 58 Minutes 15 Seconds West, a distance of 599.51 feet to a 3/4 inch rebar found; thence South 84 Degrees 56 Minutes 21 Seconds East, a distance of 581.72 feet to a 3/4 inch rebar

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8% =900 ₽G# 279

found; thence North 04 Degrees 58 Minutes 21 Seconds East, a distance of 594.33 feet to a 1 inch open top found; thence North 75 Degrees 03 Minutes 05 Seconds East, a distance of 149.95 feet to a 1 inch open top found; thence North 04 Degrees 54 Minutes 52 Seconds East, a distance of 308.40 feet to a point on the southerly right of way of Askew Road; thence following a clockwise curve with an arc distance of 299.13 feet, having a radius of 965.44 feet, subtended by a chord bearing and distance of North 81 Degrees 50 Minutes 20 Seconds East, 297.93 feet to a point; thence continuing along said right of way, South 89 Degrees 17 Minutes 06 Seconds East, a distance of 150.69 feet to a point; thence leaving the southerly right of way of Askew Road (40 foot right of way; thence South 03 Degrees 51 Minutes 38 Seconds West, a distance of 293.73 feet to a nail found; thence North 88 Degrees 20 Minutes 17 Seconds East, a distance of 149.86 feet to a nail found; thence South 04 Degrees 10 Minutes 49 Seconds West, a distance of 134.98 feet to a 1/2 inch open top found; thence South 85 Degrees 56 Minutes 12 Seconds West, a distance of 159.81 feet to a 1/2 inch open top found; thence South 26 Degrees 16 Minutes 13 Seconds West, a distance of 380.45 feet to a 1/2 inch rebar found; thence South 26 Degrees 17 Minutes 35 Seconds West, a distance of 546.40 feet to a 1/2 inch open top found; thence South 30 Degrees 01 Minutes 37 Seconds West, a distance of 185.27 feet; thence South 06 Degrees 17 Minutes 59 Seconds West, a distance of 273.51 feet; thence South 08 Degrees 06 Minutes 04 Seconds West, a distance of 224.92 feet to a point in the centerline of a creek; thence along said centerline, South 07 Degrees 31 Minutes 26 Seconds West, a distance of 23.68 feet; thence North 56 Degrees 15 Minutes 29 Seconds East, a distance of 24.71 feet; thence North 67 Degrees 51 Minutes 05 Seconds East, a distance of 84.83 feet; thence North 62 Degrees 48 Minutes 44 Seconds East, a distance of 98.23 feet; thence North 49 Degrees 13 Minutes 30 Seconds East, a distance of 19.80 feet; thence North 14 Degrees 56 Minutes 07 Seconds East, a distance of 56.96 feet; thence North 64 Degrees 13 Minutes 14 Seconds East, a distance of 36.10 feet; thence North 87 Degrees 39 Minutes 07 Seconds East, a distance of 46.80 feet; thence North 33 Degrees 45 Minutes 35 Seconds East, a distance of 155.10 feet to a point; thence leaving the centerline of said creek, North 86 Degrees 46 Minutes 01 Seconds East, a distance of 502.37 feet to a 1/2 inch open top found; thence North 85 Degrees 23 Minutes 18 Seconds East, a distance of 639.93 feet to a 1/2 inch rebar found; thence North 74 Degrees 40 Minutes 32 Seconds East, a distance of 165.06 feet to a 3/4 inch open top found; thence South 11 Degrees 23 Minutes 25 Seconds East, a distance of 309.76 feet to a 1 inch open top found; thence North 75 Degrees 11 Minutes 40 Seconds East, a distance of 68.07 feet; thence North 74 Degrees 33 Minutes 38 Seconds East, a distance of 218.98 feet to a 1/2 inch open top pipe found on the westerly right of way of Carey Station Road (having an 80 foot right of way width); thence South 11 Degrees 08 Minutes 21 Seconds East, a distance of 320.25 feet to a concrete monument found; thence South 11 Degrees 53 Minutes 57 Seconds East, a distance of 182.47 feet to a 1/2 inch open top found at the POINT OF BEGINNING.

The above described property is shown on a Boundary Survey For: Pulte Home Corporation as Tracts 2, 3, and 4 totaling 406.18 Acres prepared by Travis Pruitt and Associates, Inc., dated April 26, 2006.

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B-5

8K :900 PG: 280

EXHIBIT "C»

Initial Use Restrictions

The purpose of Design Guidelines and Use Restrictions is not to anticipate all acceptable or unacceptable behavior in advance and eliminate all improvements or activities which fall outside of "the norm." In fact, it is expressly intended that the Reviewer under Article IV, and the Board, as appropriate, have discretion to approve or disapprove items, or to enforce or not enforce technical violations of the Governing Documents, based upon aesthetic or other considerations consistent with the established guidelines. As such, while something may be approved or permitted for one Lot under one set of circumstances, the same thing may be disapproved for another Lot under a different set of circumstances. The exercise of discretion in approving or enforcement shall not be construed as a waiver of approval or enforcement rights, nor shall it estop the Board from taking enforcement action in any appropriate circumstances.

Subject to the above, the following restrictions shall apply to all of the Community until such time as they are amended, modified, repealed, or limited pursuant to Article III of the Declaration.

(a) General. When used in these Use Restrictions, the phrase "Visible from Neighboring Property" shall mean, with respect to any given object, that the object is or would be visible to a six-foot tall person standing at ground level on any part of the neighboring property at an elevation no greater than the elevation of the base of the object being viewed, except where the object is visible solely through a view fence and would not be visible if the view fence were a solid fence.

(b) Animals and Pets. No animals of any kind, including livestock and poultry, shall be raised, bred, or kept on any portion of the Community, except that for each Dwelling Unit there shall be permitted a reasonable number of usual and common household pets, as determined in the Board's discretion. Pets which are permitted to roam free, or, in the Association's sole discretion, endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to other Owners or residents of any portion of the Community shall be removed upon the Board's request at the Owner's expense. If the Owner fails to honor such request, the Board may cause the pet to be removed at the Owner's expense. No pets shall be

(c) Wildlife. Capturing, killing, or trapping wildlife is prohibited within the Community, except for trained professionals in circumstances imposing an imminent threat to the safety of Persons or pets.

(d) Firearms or Other Weapons. The carrying, use or discharge of firearms or other weapons within the Community is prohibited. The term "firearms or other weapons" includes, but is not limited to, "B-B" guns, pellet guns, knives, swords, cross-bows and other firearms or other weapons of all types, regardless of size.

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0K:900 PG#281 (e) Nuisances. No Owner shall engage in any activity which materially disturbs or destroys the vegetation, wildlife, or air quality within the Community or which results in unreasonable levels of sound or light pollution.

(f) Garages and Driveways. Garage doors shall remain closed at all times except to the limited extent reasonably necessary to permit the entry or exit of vehicles or persons. The interior of all garages shall be maintained in a neat, clean and sightly condition. Garages shall be used only for parking vehicles and storage, and shall not be used or converted for living or recreational activities.

Storage of Goods. Storage (except in approved structures or containers) of furniture, fixtures, appliances, machinery, equipment, or other goods and chattels on the Common Area (except by the Association), or, if not in active use, any portion of a Lot which is visible from outside the Lot is prohibited. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot, except: (a) such machinery or equipment as is usual and customary in connection with the use, maintenance or construction (during the period of construction or modification) of a building, appurtenant structures of other Improvements; and (b) that which Declarant or Association may permit or require for the development, operation and maintenance of Del Webb at Lake Oconee.

(h) Prohibited Conditions. The following conditions, structures, or activities are prohibited on any Lot.

(i) Guest House (except as initially constructed by Declarant or approved by Declarant as part of the initial construction of a Dwelling Unit on a Lot);

Dog runs and animal pens of any kind;

(111) Shacks or other structures of a temporary nature on any Lot except as may be authorized by Declarant during the initial construction of improvements within The Community. Temporary structures used during the construction or repair of a Dwelling Unit or other improvements shall be removed immediately after the completion of construction or repair;

(iv) Sport goals, basketball standards, backboards or similar structure or device which are or would be Visible from Neighboring Property. No swing sets or other play structures shall be placed or constructed on any Lot without the prior approval of the Architectural Committee (including, without limitation, approval as to appearance and location);

(v) Freestanding flagpoles; provided, flags may be displayed using a bracket or other approved device mounted to the Dwelling Unit so long as the size of the flag displayed does not exceed that of a standard United States flag (as determined in the Board's discretion and as may be set forth in a Board rule);

(vi) Statues, lawn ornaments and yard decorations of any size or type must be placed so as not to be visible from Neighboring Property; and

(vii) Outside clotheslines or other outside facilities for drying or airing clothes.

C:\Documents and Settings\LDekle\Local Settings\Temporary Internet Fes\OLK6F\ATL-1193276-v3-Oconee Tract Declaration.DOC 132087.00362

BK#900 PG:282 In any event, and notwithstanding the above list of prohibited conditions, as set forth in Article IV, any structure, improvement, or thing proposed for construction, erection, installation, or placement on a Lot requires prior Reviewer approval unless otherwise specifically exempt under the Design Guidelines.

(1) Quiet Enjoyment. Nothing shall be done or maintained on any part of a Lot which emits foul or obnoxious odors outside the Lot or creates noise or other conditions which tend to disturb the peace, quiet, safety, comfort, or serenity of the occupants and invitees of other Lots.

No noxious, illegal, or offensive activity shall be carried on upon any portion of the Community, which in the Board's reasonable determination tends to cause embarrassment, discomfort, annoyance, or nuisance to persons using the Common Area or to the occupants and invitees of other Lots.

Signs. No sign shall be erected within the Community, except those required by legal proceedings, including posters, circulars, and billboards; provided, the following types of signs may be erected on a Lot without the Board's written consent: (i) residential identification signs of a face area of 75 square inches or less for identification of the occupant and its address, in the number, size, color, design, message content and location designated by the Design Guidelines or approved by the ARC; (ii) one temporary sign of customary size, as determined by the ARC, for the purpose of advertising the Lot for sale or rent, and which shall not be allowed to remain on a Lot for more than a total of ninety (90) days during any three hundred sixty-five (365) day period; (iii) temporary "open house" signs indicating that a Lot is available for inspection by interested parties, but such signs may only be erected or maintained during the hours of 10:00 a.m. through 6:00 p.m. on Saturdays, Sundays, legal holidays or other days designated by the Architectural Committee; (iv) one temporary sign identifying the Person installing landscaping or a pool on the Lot, but only during the period that such installation is in progress; (V) security signs of a face area of 75 square inches or less, in a style and location designated by the Design Guidelines or approved by the ARC; and (vi) such construction job identification signs, business identification signs and subdivision identification signs which are in conformance with the requirements of Greene County or any municipality having jurisdiction over the property and which have been approved in writing by the Architectural Committee as to number, size, color, design, message content and location. This restriction shall not apply to entry, directional, and marketing signs installed by Declarant or a Builder. The Board and Declarant shall have the right to erect signs as they, in their discretion, deem appropriate.

(k) Holiday Decorations. Owners may display holiday decorations located or visible from outside their Dwelling Units if the decorations are of the kinds normally displayed in single family residential neighborhoods, are of reasonable size and scope, do not disturb other Owners and residents by excessive light or sound emission or by causing an unreasonable amount of spectator traffic and are otherwise displayed in accordance with restrictions set forth in the Design Guidelines.

Antennas and Satellite Dishes. No antenna, satellite dish, or other device for the transmission or reception of television or radio (including amateur or ham radios) signals is permitted outside the Dwelling Unit, except those devices whose installation and use is protected

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BK:900 PG:283 under federal law or regulations (generally, certain antennae under one meter in diameter). Notwithstanding such protection, an application for such an antenna or other device must be submitted to the Architectural Review Committee for approval and approval will be granted only if:

First, the antenna or other device is designed for minimal visual intrusion (i.e., is located in a manner that minimizes Visibility from the street or an adjacent Lot and is consistent with the Community-Wide Standard); and

(ii) Second, the antenna or other device complies to the maximum extent feasible with the Design Guidelines within the confines of applicable federal regulations (i.e., without precluding reception of a quality signal or unreasonably increasing the cost of the antenna or device).

One satellite dish antenna measuring one meter or less in diameter may be erected on any lot. Residents are encouraged to place any satellite dish antenna in the back yard, below the wall level, it reception is available at that location. If not, then placement should be on the back or side of the house below the roofline, if reception is available at that location. If an acceptable signal is not available in either of those locations, then placement may be above the roofline or in the front of the house. Any front of house or front yard installation should be screened from view. If the installation of a satellite dish antenna meets the foregoing requirements, no ARC approval is required. However, Residents are encouraged to obtain ARC approval before any installation, but to avoid undue delay, residents may request ARC approval within 10 (ten) days following an installation.

The Architectural Review Committee shall consider any such application on an expedited basis.

Trash Containers and Collection. No garbage or trash, compost piles or containers shall be placed or kept on any Lot, except in covered containers of a type, size and style which are pre-approved by the ARC or specifically permitted under the Design Guidelines, or as required by the applicable governing jurisdiction. Such containers shall not be Visible from Neighboring Property except when they are being made available for collection and then only for the shortest time reasonably necessary to effect such collection. All rubbish, trash, or garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot.

Pool Equipment. All pool equipment stored on any Lot shall be screened so as to be neither Visible from Neighboring Property nor able to be seen through any view fence.

Unsightly or Unkempt Conditions. All portions of a Lot outside enclosed structures shall be kept in a clean and tidy condition at all times. No rubbish or debris of any kind shall be placed or permitted to accumulate within, upon or adjacent to any Lot so as to render any such property or any portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other portion of The Community.

Woodpiles or other material shall be stored in a manner so as not to be Visible from Neighboring Property and not to be attractive to rodents, snakes, and other animals and to 132087.00362 C: Documents and Settings\LDekle\Local Settings\Temporary Internet F4les\OLK6F\ATL-1193276-v3-Oconee Tract Declaration. DOC

8K:900 PG#284 minimize the potential danger from fires. No nuisance shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other portion of The Community. No activities shall be conducted upon or adjacent to any Lot or within improvements constructed thereon which are or might be unsafe or hazardous to any Person or property. No open fires shall be lighted or permitted, except in a contained outdoor fireplace or barbecue unit while attended and in use for cooking purposes or within a safe and well designed interior fireplace.

Landscaping. Pursuant to Section 5.1 of the Declaration, initial landscaping shall be installed, as approved, in the front and side yards of a Lot within ninety (90) days from the date of the initial closing of escrow on the Lot or the issuance of a certificate of occupancy on the Lot, whichever is later. Initial landscaping on all other portions of the Lot, including the rear yard, shall be installed within one hundred eighty (180) days from the date of the initial closing of escrow on the Lot or the issuance of a certificate of occupancy on the Lot, whichever is later.

Vehicles and Parking. The term "vehicles," as used in this Section, shall include, without limitation, automobiles, trucks, boats, golf carts, trailers, motorcycles, campers, vans, and recreational vehicles.

No vehicle may be left upon any portion of the Community except in a garage, driveway, or other area designated by the Board. No person shall park any recreational vehicles, mobile homes, trailers, campers, boats or other watercraft, stored vehicles, and unlicensed vehicles or inoperable vehicles within the Community other than in enclosed garages; provided, boats may be kept or stored on a Lot so long as they are not Visible from Neighboring Property. This Section shall not apply to emergency vehicle repairs.

Notwithstanding the above, for purposes of cleaning, loading, unloading, and short term parking, recreational vehicles not to exceed twenty-four (24) feet may be parked on the Lot's driveway for period not exceeding forty-eight (48) hours no more frequently than every thirty (30) days. Owners must obtain a recreational vehicle permit for such short term parking from the Association office.

(r) Wetlands, Lakes, and Other Water Bodies. All wetlands, lakes, ponds, and streams within the Community, if any, shall be aesthetic amenities only, and no other active use of lakes, ponds, streams, or other bodies of water within the Community is permitted. The Association shall not be responsible for any loss, damage, or injury to any person or property arising out of the authorized or unauthorized use of lakes, ponds, streams, or other bodies of water within or adjacent to the Community.

Solar Equipment. No solar heating equipment or device is permitted outside the Dwelling Unit except such devices whose installation and use is protected by federal or state law. Notwithstanding such protection, an application for such equipment or device must be submitted for approval under Article IV prior to installation and approval will be granted only if:

(1) First, such equipment or device is designed for minimal visual intrusion when installed (i.e. is located in a manner which minimizes Visibility from the street or an adjacent Lot and is consistent with the Community-Wide Standard); and

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BK·900 PG:235 (ii) Second, the equipment or device complies to the maximum extent feasible with the Design Guidelines within the confines of the applicable governmental regulations.

(t) Rooftop HVAC Equipment Prohibited. No heating, ventilating, air conditioning or evaporative cooling units or appurtenant equipment may be mounted, installed or maintained on the roof of any Dwelling Unit or other building so as to be Visible From Neighboring Property.

(u) Tanks. No tanks of any kind (including tanks for the storage of fuel) shall be erected, placed or maintained on any Lot. Nothing herein shall be deemed to prohibit use or storage upon any Lot of an aboveground propane or similar fuel tank with a capacity of ten (10) gallons or less used in connection with a normal residential gas barbecue, grill or fireplace or a spa or "hot tub," so long as any such tank either: (a) has a capacity of ten (10) gallons or less; or (b) is appropriately stored, used and/or screened, in accordance with the Architectural Committee Rules or as to otherwise approved by the Architectural Committee, so as not to be Visible from Neighboring Property.

11:042

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DOC# 003695

FILED IN OFFICE 11/15/2011 04:56 PM BK: 1037 PG:105-1196 DEBORAH D JACKSON ( CLERK, SUPERIOR COUR? GREENE COUNTY, GEORGIA

After recording, please return to: CROSS REFERENCE: Deed Book: 900 Michael E. Leavey Page: 218 Dorough & Dorough, LLC

160 Clairemont Avenue, Suite 650

Decatur, Georgia 30030

(404) 687-9977

FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND

RESTRICTIONS FOR DEL WEBB AT LAKE OCONEE

THIS FIRST AMENDMENT TO THE DECLARATION OF COVENANTS,

CONDITIONS, AND RESTRICTIONS FOR DEL WEBB AT LAKE OCONEE (hereinafter

referred to as "First Amendment") is made this 2g day of October, 2011 by DEL, WEBB AT LAKE OCONEE HOMEOWNERS ASSOCIATION, INC., a Georgia nonprofit

corporation (hereinafter referred to as "Association"), acting by and through its Board of

Directors.

WITNESSETH

WHEREAS, Pulte Home Corporation, a Michigan corporation, as Declarant, executed

that certain Declaration of Covenants, Conditions, and Restrictions for Del Webb at Lake Oconce which was recorded September 19, 2007 in Deed Book 900, Page 218, et seq., Greene County, Georgia land records (hereinafter as supplemented and/or amended from time to time, referred to as the "Declaration"); and

WHEREAS, the Association is a nonprofit corporation organized under the Georgia

Nonprofit Corporation Code to be the Association named in the Declaration to have the power

and authority set forth therein; and

WHEREAS, pursuant to Article III, Section 3.4 of the Declaration, the Board may

change, modify, cancel, limit, create exceptions to, or expand the Use Restrictions as set forth in Exhibit "C" to the Declaration; and

WHEREAS, the Association, acting through its Board of Directors, desires to amend the Declaration to revise certain the Use Restrictions as herein provided; and

BK=1037 PG=106

WHEREAS, attached hereto as Exhibit "A" and incorporated herein by reference is the sworn statement of the Secretary of the Association, which sworn statement states that this First Amendment was adopted and became effective in accordance with the provisions of the Declaration;

NOW THEREFORE, the undersigned hereby adopt this First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Del Webb at Lake Oconce, hereby declaring that all of the property now or hereafter subject to the Declaration shall be held, conveyed, encumbered, used, occupied and improved subject to the Declaration, amended as

1.

Section (i) of Exhibit "C" to the Declaration, entitled "Signs", is hereby amended by deleting the same in its entirety and replacing it with a new Section (j) of Exhibit "C" to read as follows:

Signs. No sign shall be erected or displayed within the Community, except those required by legal proceedings, including posters, circulars, and billboards; provided, the following types of signs applicable and pertaining to a Lot may be erected or displayed on such Lot without the Board's written consent: (i) residential identification signs of a face area of seventy-five (75) square inches or less for identification of the occupant of such Lot and its address, in the number, size, color, design, message content and location designated by the Design Guidelines or as approved by the ARC; (it) one temporary sign of customary size, as determined by the ARC, for the purpose of advertising such Lot for sale or rent, and which shall not be allowed to remain on such Lot for more than a total of ninety (90) days during any 365 day period, or such longer period of time as may be approved in writing by the ARC, provided, however, in no event shall this subsection authorize the placement of directional or information signage regarding such sale or lease on any portion of the Community other than the Lot; (iii) temporary "open house" signs indicating that such Lot is available for inspection by interested parties, but such signs may only be erected and maintained on such Lot during the hours of 10:00 a.m. through 6:00 p.m. on Saturdays, Sundays, legal holidays or other days designated by the ARC, provided, however, in no event shall this subsection authorize the placement of directional or information signage regarding such open house event on any portion of the Community other than the Lot; (iv) one temporary sign identifying the Person installing landscaping or a pool in such Lot, but only during the period that such installation is in progress; (v) security signs pertaining to such Lot of a face area of seventy-five (75) square inches or less, in a style and location designated by the Design Guidelines or as approved by the ARC; and (vi) such construction job identification signs, business identification signs and subdivision identification signs pertaining to such Lot which are in conformance with the requirements of Greene County or any

municipality having jurisdiction over the property and which have been approved

BK: 1037 PG=107

in writing by the ARC as to number, size, color, design, message content and location; provided, however, any sign authorized by the foregoing provision shall be erected or displayed on the side of the Dwelling Unit on such Lot facing the street which constitutes the address commonly used for such Lot and or Dwelling Unit, as the same is determined in the sole discretion of the Board. This restriction shall not apply to entry, directional, and marketing signs installed by Declarant or a Builder. The Board and Declarant shall have the right to erect and display signs as they, in their discretion, deem appropriate.

2.

Section (q) of Exhibit "C" to the Declaration, entitled "Vehicles and Parking ', is hereby amended by deleting the same in its entirety and replacing it with a new Section (q) of Exhibit "C". to read as follows:

Vehicles and Parking. The term "vehicles" as used in this Section, shall include, without limitation, automobiles, trucks, boats, golf carts, trailers, motorcycles, campers, vans, and recreational vehicles.

No vehicle may be left upon any portion of the Community except in a garage, driveway, or other area designated by the Board. No person shall park any recreational vehicles, mobile homes, trailers, campers, boats or other watercraft, stored vehicles, and unlicensed vehicles or inoperable vehicles within the

Community other than in enclosed garages; provided, however, boats may be kept or stored on a Lot so long as they are not Visible from Neighboring Property. This Section shall not apply to emergency vehicle repairs.

Notwithstanding the above, for purposes of cleaning, loading, unloading, and short term parking, recreational vehicles not to exceed twenty-four (24) feet may be parked on a Lot's driveway for a period not to exceed forty-eight (48) hours no more frequently than every thirty (30) days. Owners must obtain a recreational vehicle permit for such short term parking from the Association and such permit shall be prominently displayed on said vehicle during the time it is parked on a Lot.

In addition to the foregoing and notwithstanding anything to the contrary herein, commercial vehicles shall not be permitted on any Common Area or on any Lot, except if kept in an enclosed garage; provided, however, construction,

service, and delivery vehicles shall be exempt from this provision for such period of time as is reasonably necessary to provide service to or make a delivery to a Lot or the Common Area; and, provided further, the Owner of any commercial vehicle existing in the Community as of the date this First Amendment is recorded in the Greene County, Georgia land records (hereinafter the "Effective Date") may seek written approval of the Board to keep such commercial vehicle and, upon such written approval, may continue to keep the same and such commercial vehicle will

ĐK= 1037 PG=108

not constitute a violation of this restriction. Written approval for a commercial vehicle as provided above shall not be transferrable to any another vehicle owned, used, purchased or leased by or for that Owner. The term "commercial vehicles" as used herein, shall include, without limitation, any vehicle which bears any indicia of commercial use, including but not limited to writing, logos, ladders, ladder racks, signage of a business or commercial nature and/or vehicles which are not primarily used for the transportation of passengers.

Unless otherwise defined herein, the words used in this First Amendment shall have the same meaning as set forth in the Declaration.

4.

This First Amendment shall be effective only upon being recorded in the records of the Owners of Lots in the Community. Clerk of Superior Court of Greene County, Georgia and shall be enforceable against current

Except as herein modified, the Declaration shall remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

EK=1037 F6:109

IN WITNESS WHEREOF, the Board of Directors has caused this First Amendment to be executed under seal the day and year first above written.

DEL WEBB AT LAKE OCONEE HOMEOWNERS ASSOCIATION, INC., a Georgia nonprofit corparation By:

Print Name: 124AN LEWIS

Director

By: Let hun

Print Name: Teal Trines

Director

By: data helio

Print Name: MATT PHILIPOrF

Director

[AFFIX ASSOCIATION SEAL] Signed, sealed and delivered

in the presence of

2 Mete

Witness

wi A. Dete

Notary Public ....

[AFFIX NOTARY SEAL] COMMISSION-

COUNTY:

BK: 1037 FG=110

EXHIBIT "A"

Sworn Statement of Secretary Of

Del Webb at Lake Oconee Homeowners Association, Inc.

COUNTY OF GREENE STATE OF GEORGIA

Re: Del Webb at Lake Oconee Homeowners Association, Inc.

said on oath that: Personally appeared before me, the undersigned deponent who, being duly sworn, deposed and

Deponent is the Secretary of Del Webb at Lake Oconee Homeowners Association, Inc. 2. Deponent is duly qualified and authorized to make this Affidavit and knows the facts contained herein are of his or her own personal knowledge.

3. The foregoing First Amendment to the Declaration of Covenants, Conditions, and at a duly called meeting thereof held in accordance with Article III, Section 3.4 of the Declaration. Restrictions for Del Webb at Lake Oconee was approved by the Board of Directors of the Association

4. Any notices required by the Declaration, the Bylaws, the Articles of Incorporation and Article III, Section 3.4(a) of the Declaration and provision of a copy of the new or changed Use Georgia law, including, without limitation, notice to all Owners of the proposed change pursuant to Restriction pursuant to Article III, Section 3.4(c) of the Declaration, were properly given. Use Restrictions evidenced by the foregoing First Amendment to the Declaration of Covenants, At least thirty (30) days has elapsed following the date a copy of the new or changed Conditions, and Restrictions for Del Webb at Lake Oconee were provided to each Owner pursuant to Article III, Section 3.4(c) of the Declaration, and the foregoing First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Del Webb at Lake Oconee has become effective as contemplated in Article III, Section 3.4(c) of the Declaration.

44-2-2oął 6. Deponent makes this Affidavit pursuant to Official Code of Georgia Annotated Section

This the 28 day of October 2011.

Sworn to and subscribed before me Signed: Gui Dedu his is day ot like 2011 Monica Chee..

Notary Public Print Name: Leslie Dekle (AFFIX NOTARY SEAL NICA

GECOSA EXPIDES

CEL. 09. 2.13

ON-

Del Webb - AT LAKE OCONEE

RULES

REGULATIONS

MANUAL

Revised August 2024

DEL WEBB AT LAKE OCONEE HOMEOWNERS ASSOCIATION, INC.

OPERATING RULES AND REGULATIONS

TABLE OF CONTENTS

CHAPTER PAGE

Introduction 5

Chapter 1 - Structure and Membership 6-7

1.1 Age-Restricted Community 6

1.2 Purpose and Legal Status

1.3 Board of Directors

1.4 Membership and Voting 7

Chapter 2 - Management and Finance 8-9

2.1 Management 8

2.2 Assessments

2.3 Optional Services 8

2.4 Asset Replacement Reserve Fund 8

2.5 Subsidy 9

Chapter 3 - Architectural Control/Deed Restriction 10-11

3.1 Community-wide Standard 10

3.2 Use Restrictions and Easements 10

3.3 Design Guidelines 10

3.4 Enforcement of the Declaration 10-11

Chapter 4 - Membership Card, Fees & Guests 12-14

4.1 Membership Card 12

4.2 Payment Procedures, Liens, and Refunds 13

4.3 Budget and Fees 13

4.4 Guests 14

Chapter 5 - Community Relations and Document Review 15

5.1 Community Relations 15

5.2 Document Review 15

Revised August 2024 2

Chapter 6 - General Use Policies/Facilities 16-17

6.1 Use of Facilities and Assumption of Risk 16 6.2 Conduct of Members and Discipline 16 6.3 Dress Code 17 6.4 Gambling 17 6.5 No Smoking Policy 17

6.6 Alcohol Policy 18

Chapter 7 - Use of Golf Carts 19-20

7.1 Golf Carts on Private Thoroughfares 19

Chapter 8 - Chartered Clubs & Facility Operating Rules 21-35

8.1 Chartered Clubs 21 8.2 Fitness Center/General: (Pools, Spa, Indoor Track) 23 8.3 Fitness Center/Exercise Equipment Room 24 8.4 Billiards 25 8.5 Table Tennis 25 8.6 Fitness Center/Aerobic Dance and Exercise Studio 25 8.7 Swimming Pools 26 8.8 Spa 28 8.9 Tennis Courts 29 8.10 Pickleball Courts 29 8.11 Bocce Courts 30 8.12 Grandchildren's Playground 31 8.13 Community Garden 31 8.14 Croquet Field 31 8.15 Softball Field 31 8.16 Basketball Court 31 8.17 Docks/Boat Ramp/Lake Pavilion 32 8.18 Lakeside Pavilion 32 8.19 Boat Storage Facility 32 8.20 Dog Park 32 8.21 Clubhouse/Social Building 34

Chapter 9 - Outdoor and Natural Areas 36

9.1 Outdoor Areas 36 9.2 Lake / Fishing 36 9.3 Enjoyment and Protection of Wildlife 36

Chapter 10 - Transfer of Residents Rights 37-39

Revised August 2024 3

Revised August 2024 4 APPENDIXES Appendix - A Refund Policy AppendixB Pool Rules AppendixC Tennis Court Rules AppendixD Pickleball Court Rules AppendixE Bocce Ball Court Rules AppendixF Lakeside Pavilion Rules AppendixG Dock Slip Reservation System

Revised August 2024 5 INTRODUCTION The facilities and programs of the Del Webb at Lake Oconee Homeowners Association (Association) were developed specifically for our residents and their guests. They were designed and created with utmost care and consideration for the active-adult lifestyle and the personality of a Del Webb Community. The guidelines that follow were developed to enable residents to more fully enjoy and understand the Association and its many benefits. Please take some time to read about the Association and its operating concept. The guidelines will clarify many new terms and policies while providing basic rules for the use and enjoyment of Association facilities and programs. As in all cases, rules are to assist in the orderly and safe use and application of Association programs, and they are meant to have some flexibility for interpretation. While all business endeavors of this magnitude must have rules, it is the intent of the Board of Directors (Board) that all programs be operated with total customer satisfaction in mind. Management, in turn, will target the highest level of customer service and program delivery for its primary objective. We encourage input and involvement from each resident and are committed to using that energy to build upon and improve the initial program.

Please be reminded that the Operating Rules and Regulations serve only as a supplement to the Association Governing Documents. The attached information should not be considered an all-inclusive list of the operating guidelines and responsibilities of every homeowner. We appreciate homeowner support in our endeavor to provide a safe and desirable environment for all of our residents to enjoy the numerous benefits of living in a Del Webb Community.

Revised August 2024 6 CHAPTER 1 STRUCTURE AND MEMBERSHIP 1.1 Age-Restricted Community: Del Webb at Lake Oconee is an age-restricted community operated in compliance with all applicable state and federal laws. The community provides housing for persons 55 years of age or older, and each residential home, if occupied, must be occupied by at least one person 55 years of age or older. No person under 19 years of age may reside in any residential home for more than 90 days in any consecutive 12-month period.

1.2 Purpose and Legal Status: The Association was formed as a Georgia not-for-profit corporation to own the common area property and to administer and govern the affairs of the community, to maintain and enhance the recreational, social, and leisure-time interests of its members, and to preserve and enforce community-wide architectural standards. Del Webb builds recreational amenities ahead of resident demand, subsidizes the operation until the population is sufficient in size to meet its cash requirements and, in the interim, uses the program and lifestyle it generates as a highly successful marketing tool to sell homes.

A. Legal Entity - The Association is a legal entity that is responsible for management, maintenance, operations, and control over all areas of common responsibility.

Additionally, the Association is primarily responsible for the enforcement of the governing documents; the establishment of reasonable policies, rules and procedures regulating use of all common area properties; and for administering and enforcing the Design Guidelines. The Association, as an incorporated entity, is a private property owner in its own right, and it speaks through its governing documents and policies established by its Board of Directors (Board). Members have specified privileges in the use and enjoyment of common area properties, but they have no proprietary interests.

B. Governing Documents - The Governing Documents include the Declaration of Covenants, Conditions and Restrictions (Declaration), the Association's Articles of Incorporation (Articles), and the Association's Bylaws (Bylaws). The Declaration imposes mutually beneficial restrictions upon all common areas under a general plan of improvement and establishes a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the common areas. The Articles form the legal basis for the Association by specifying its corporate purpose and delineating the corporate structure and function. The Bylaws more precisely define the Association's reasonable rules of governance, membership, management, and administration.

Revised August 2024 7 1.3 Board of Directors: The Association is governed by a Board of Directors (Board) that is empowered to exercise all powers and duties necessary and appropriate for the administration of the Association's affairs, and for performing all responsibilities and exercising all rights of the Association as stipulated in the governing documents, and as provided by law. Resident committees may also be appointed at the Board’s discretion in advisory capacities to make recommendations to the Board regarding such things as policies, procedures, and programs of the Association. The attendance of resident committee members is mandatory at all committee meetings. Members are allowed a maximum of three absences per calendar year in order to maintain their position on the committee.

A. Board Composition - The Association will be run by a Board of Directors consisting of not less than 3 nor more than 7 directors.

B. Board Meetings - Regular meetings of the Board may be held at a time and place as the Board shall determine, and at least one meeting shall be held each quarter.

1.4 Membership and Voting:

A. Membership - Every Owner shall be a Member of the Association and shall hold one membership for each Dwelling Unit owned. Co-owners shall share the privileges of such membership.

B. Voting - During the Declarant Control Period, as defined within the Governing Documents, all of the voting rights of the Owners at any meeting shall be vested exclusively in the Declarant. After the end of this period, all of the voting rights at any meeting of the Members of the Association shall be vested in the Voting Members.

C. Membership Meetings - The Board shall hold informational meetings of the membership a minimum of once per year. All the Members shall be invited, and the Board will report on what the Board has worked on and accomplished since the preceding meeting. The Board President shall open the meeting for questions and comments from Members. Although the Board is not obligated to host open meetings during the Declarant Control Period, it is the intention of the Board to encourage resident participation and early integration of residents into the decision-making affairs of the Association. The Annual Informational Meeting of the Board will be open to residents.

Revised August 2024 8 CHAPTER 2 MANAGEMENT AND FINANCE 2.1 Management: To manage the operations of the Association, the Board has entered into a Management Agreement with a Property Management Company. The Community Association Manager of the Association serves as the senior manager of the affiliate providing sufficient numbers of qualified employees to oversee, coordinate and facilitate the Association’s day-to- day operation. The Association pays a mutually agreed fee to the Management Company for its direct costs and for Association-related indirect costs of the services provided.

2.2 Assessments: There are five types of assessments, and each homeowner is legally bound to pay assessments, as prescribed by the Board. The Board is empowered to file liens against any lot whose owner fails to pay a prescribed assessment within stated payment periods.

A. Base Assessment - The regular annual per lot fee charged to all Dwelling Units to fund common area expenses for the benefit of all Members.

B. Limited Common Area Assessments - Assessments charged on Dwelling Units which have the right to use or benefit from a particular Limited Common Area.

C. Neighborhood Assessment - Assessments levied on the Dwelling Units located within a particular Neighborhood to fund Neighborhood Expenses benefiting such Dwelling Units.

D. Special Assessments - From time to time, Special Assessments may be levied against some or all Dwelling Units to cover unbudgeted expenses, or expenses in excess of those budgeted.

E. Benefited Assessments - Benefited Assessments may be levied against particular Dwelling Unit or particular neighborhoods to cover Association costs incurred in bringing a lot or neighborhood into compliance with the community-wide architectural standard.

2.3 Optional Services: The Association may offer to furnish a selection of specific services to residential homes at the request of the Owner. Optional services may include seasonal color plantings, snow removal, etc. At the end of the specified period, the Owner may either terminate or elect to once again receive the Optional Service, provided it is still being offered. The Association, by Board action, may discontinue providing an Optional Service. The cost of furnishing an Optional Service shall be assessed to each Owner who selects the service.

2.4 Asset Replacement Reserve Funds: Each homeowner’s Initiation Fee is deposited into a separate Asset Replacement Reserve Fund (Reserve Fund) as may be required and determined by the Board.

Revised August 2024 9 This interest generating account is used solely to purchase new and replacement capital assets. The Reserve Fund contribution is determined annually by the Board as part of the regular budget preparation process, and the identification of capital assets to be purchased is shown in the capital expenditure budget. At the Board’s discretion, additional reserve funds may be established for other, separately identified financial divisions.

2.5 Subsidy: Since Del Webb builds recreational amenities ahead of resident demand and subsidizes the operation until the population is sufficient in size to meet its cash requirements, Del Webb may elect annually, in its sole discretion, to pay either any deficit between total operating revenues and total operating expenses (calculated on an accrual basis of accounting on a cash needed basis) in a fiscal year or to pay a Base Assessment on all of its unsold Dwelling Units which remain unsold during the entire fiscal year.

Revised August 2024 10 CHAPTER 3 ARCHITECTURAL CONTROL/DEED RESTRICTION 3.1 Community-Wide Standard: The standard of conduct, maintenance, or other activity prevailing throughout the properties is more specifically defined in the Declaration, Board policies, and the Design Guidelines. Collectively, the documents cited below and their terms define Del Webb's general plan of development for the properties, specifying the level of protection afforded to owners for their quality of life and collective interests, aesthetics and the environment within the community, and community vitality and character.

3.2 Use Restrictions and Easements: Identified in the Declaration, they specify limitations on the use of residential property and authorized areas of property encroachment.

3.3 The Design Guidelines: Developed by Del Webb, they are intended to provide homeowners with guidance pertaining to restrictions on land development, architectural and design control, or other restrictions pertaining to proposed new construction, or modifications to existing buildings, structures, or properties.

A. New Construction - Until 100% of the properties have been developed and conveyed, Pulte/Del Webb has exclusive authority to administer and enforce the Design Guidelines as they relate to proposed new construction.

B. Renovation/Alternation of Existing Facilities - The Board, through its Architectural Review Committee, has exclusive jurisdiction over modifications, additions, and alterations proposed on or to existing residential home exteriors and adjacent open space. During the Development Period, Del Webb retains the right to veto any action of the Committee if those actions are determined to be inconsistent with the Design Guidelines.

3.4 Enforcement of the Declaration: As noted earlier, the Declaration defines various restrictions on land building use, and the Association will aggressively and consistently enforce them. Reported violations will be promptly investigated and, if validated, sanctions imposed.

A. Notification - Prior to imposition of any sanction as provided in the Declaration, the Board or, if so directed by the Board, the Management Company shall serve the resident in alleged violation with written notice including: (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a statement that the resident in alleged violation may present a written request for a hearing to the Board of the Covenants Compliance Committee within 10 days of the notice and a statement that the proposed sanction shall be imposed as contained in the notice unless a request for a hearing is received by the Board or the Committee within such time period. If a timely request for a hearing is not received by the Board or the Committee, the sanction stated in the notice shall be imposed; provided the Board or the Covenant’s Compliance Committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured or if a cure is diligently commenced within the 10-day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any person.

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B. Hearing - If a hearing is requested within the allotted 10-day period, the hearing shall be held before the Board of Directors in executive session. The resident in alleged violation shall be afforded a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting.

Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery is entered by the officer, director or agent who delivered such notice. The notice requirement shall be deemed satisfied if the resident in alleged violation appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

Revised August 2024 12 CHAPTER 4 MEMBERSHIP CARD, FEES, AND GUESTS 4.1 Membership Card:

A. Concept - Ownership of a Dwelling Unit entitles the Owner to full use of all Association facilities and to priority for use over guests and other authorized visitors. In order to preserve the health, well-being and safety of the members, some facilities are administered and operated by Association chartered clubs. In these instances, Members are required to join the chartered club to enjoy proper and safe use of facilities and equipment.

B. One Dwelling Unit/One Membership - There is only one membership, for each Dwelling Unit owned. While all Owners, or Co-Owners, are authorized facility use privileges, only two resident activity cards are issued for each Base Assessment.

C. Supplemental Resident ID Activity Cards - Co-owners or additional residents may obtain supplemental resident ID activity cards for a fee to be determined annually as part of the budget process. The fee for a supplemental resident ID will typically equate to 50% of the annual assessment. An additional resident is any individual, 19 years of age or older, who resides in a residential home for more than 6 months in a calendar year.

Owners may be required to certify that an additional resident requesting a supplemental resident ID activity card meets the qualifications for facility use as stated in the Governing Documents. Resident ID Activity Cards are issued at the Association Management Reception Desk. The Third Resident Fee is established by the Board. This fee is subject to change. Third Residents do not have guest’s privileges. All guests are required to be accompanied by a primary resident.

D. Lessors and Lessees - When leasing residential property, the Owner (lessor)

continues to pay the annual Base Assessment but may not use Association facilities unless the lessor does not relinquish their activity card as a part of the agreement. (either the lessee has Amenity use or the lessor, not both). The Lessor must temporarily surrender his/her resident ID activity card(s) to the Administration Office for the duration of the lease as well as provide a copy of the lease. Lessees may then request a supplemental resident card, subject to a reasonable administrative fee.

E. Resale Transfer - The right to a resident ID activity card is based upon occupancy of a Dwelling Unit. When selling a home, the buyer (as part of the closing process) may be required to pay a resale transfer fee for the purpose of closing the sellers account and establishing a new membership account in the name of the buyer.

F. Non-transferable Cards - All Members must present their current resident ID activity card to use Association facilities. Cards are not transferrable and cannot be loaned.

Revised August 2024 13 4.2 Payment Procedures, Liens, and Refunds:

A. Initial Membership Fee - An Initial Base Assessment fee reflecting the total base assessment fee due from the date of closing through the end of the applicable billing period is included in the home closing costs.

B. Monthly Assessments and Optional Service Fees - Following the initial payment for base and optional service assessments due at closing, assessments are due monthly.

Monthly charges may be paid by mail.

C. Liens - Failure to satisfy membership indebtedness after 90 days may cause the Board to file a lien against the Owner property and to suspend membership privileges.

Reinstatement can only be obtained through full payment of all fees, plus any late charges, payments, legal and/or collection fees incurred by the Association, plus reasonable interest lost.

4.3 Budget and Fees:

A. Fiscal Year - The Association operates on a fiscal year that begins on January 1 and ends on December 31. Beginning in September of each year, the Board and the Community Association Manager begin preparing the upcoming fiscal year budget. A resident Finance Committee is also involved in the budget approval process. (Board elects when to appoint the Finance Committee.)

B. Budget Process - The following financial and related information shall be regularly prepared by the Board and copies made available to all Members of the Association.

The Board shall cause a reserve budget, an expense budget (collectively referred to as the Budget) and an annual financial statement or annual audit report (Financial Statement)

for the Association, to be prepared for each fiscal year of the Association. The Board shall post written notice in a prominent place within the Community that the Budget and Financial Statements are available at the business office of the Association or at another suitable location within the Community. While these documents may not be removed from the premises, one copy may be provided at the Association expense. Budgets are posted to the community web site for viewing prior to the annual meeting.

C. Program Fees – In addition to the fees for base assessments which support the general management and administration of the Community Association, user fees and charges will be assessed to support the cost of lifestyle programs and services such as classes, trips and special events. The Association adheres to a “No-Refund” policy for activity programs except in instances where a program is cancelled by the Association.

See Appendix A for refund policy.

Revised August 2024 14 4.4 Guests:

Guests may be sponsored by a Member in any Association facility, subject to restrictions for health and safety. If using the resident activity card to sponsor a guest, the Member must remain in the company of the guest. Guest use of facilities is limited to a maximum of four guests per resident/visit, and guests must remain in the company of the Member at all times. As the resident population expands and the demand for facilities and programs increases, the Board can be expected to set additional limits on the number of guests and/or visits that a resident may sponsor and establish guest fees. Unaccompanied guests may not use the Association facilities with the exception of sidewalks, playground, and walking trails. Residents who have made a commitment to purchase a home but have not yet closed, however, may be entitled to use of facilities, by obtaining a Future Resident Activity Card. Future Resident activity cards are for committed homebuyers and are at the Club at Lake Oconee Front Desk. Future residents and guests are not permitted to bring other guests of their own.

Guest registration for Association lifestyle programs opens two weeks after community registration, pending space availability. Guests must be accompanied by residents at all times and are expected to adhere to all rules and regulations.

Revised August 2024 15 CHAPTER 5 COMMUNITY RELATIONS AND DOCUMENT REVIEW 5.1 Community Relations:

A. The Association provides a community website to inform residents of important Association business, special events and lifestyle programs of interest. One log on is provided to each resident in the community who accepts the websites terms and conditions of use. An abbreviated copy of activities and important announcements are available at the sales pavilion, amenity center or can be obtained through the Lifestyle Director.

Community website advertising The Association neither endorses nor promotes any products or services that may be mentioned within the classified section of the website.

The classified section of the community website is designed for selling personal items or services but is not to be used as an advertising venue for businesses. It is the responsibility of the Community Administrator to monitor for such advertising and advise individuals of advertising policies, procedures and costs and, at his or her sole discretion, remove or edit said information on the community website. From time to time, services by residents will be offered such as pet sitting and house-sitting which will not be considered advertising opportunity and will be allowed.

Additionally, the Association assumes no responsibility for the statements made and reserves the right to refuse advertising for any reason. Advertisements may be subject to approvals by management or the Board. Any claims made by advertisers are strictly on their own, and the publisher does not endorse or vouch for the quality of goods or services of any advertiser.

B. Announcements – In addition to the community website, time-sensitive and special announcements are posted within other community areas of the amenity center.

C. Other – From time to time, management will generate additional information material through local newspapers. The scope and timeliness of such publication rests solely with the media.

5.2 Document Review: Important Association documents include the Declaration, the Articles, Bylaws, minutes of Board and membership meetings, policy resolutions, regular financial statements, and the annual audit report. These documents are available for Member review at the Association Administrative Offices. While these documents may not be removed from the premises, they may be copied at the expense of the member.

These documents are posted on the community website.

Revised August 2024 16 CHAPTER 6 GENERAL USE POLICIES/FACILITIES 6.1 Use of Facilities and Assumption of Risk - All use of Association facilities and all participation in Association programs are purely voluntary. Correspondingly, the recreational nature of all Association activities and programs potentially involves some personal or physical risk on the part of the participant. Program participation by a Member or guest is, therefore, interpreted as tacit acknowledgement and acceptance of the inherent risks.

The Association strives to consistently maintain its facilities in the highest quality condition. However, periodic wear and tear as well as seasonal or climatic factors may temporarily render an area in less than optimum condition. If such a condition occurs, Members and guests should immediately contact the appropriate facility supervisor or the Community Association Manager for assistance. If a Member or guest accepts facility conditions, the Association will assume that the facility is free of obstruction or hindrance.

Unless negligence on the part of the Association is confirmed, the Association is not liable for personal injury or inconvenience sustained during the use of its facilities and programs.

In ensuring that Members and guests are provided with a safe and enjoyable experience while using Association facilities, reasonably comprehensive policies, rules and signage have been developed. Prior to participating in any Association activity or program, Members and guests are encouraged to familiarize themselves with facility layout and operating policies and rules.

6.2 Conduct of Members and Discipline:

A. General Rule of Courtesy - All Members are expected to abide by the Governing Documents and these rules and to conduct themselves in a courteous and respectful manner at all times. Actions that jeopardize or otherwise interfere with the rights and privileges of others, use of profanity, or otherwise abusive or disruptive behavior will not be tolerated.

B. Interference with Employees - Any inattention to duty or discourtesy on the part of an Association employee should be immediately reported to the Community Association Manager. However, under no circumstances will Members/guests interfere with, attempt to discipline, or otherwise direct employees in the course of Association business.

C. Safety Is Paramount - Any Member or guest not adhering to the posted or otherwise obvious safety rules may be asked to leave. With respect to safety, proper decorum, and sanitation, the facility monitor's judgment will prevail in all instances. Any complaint relating to a facility monitor's decision may be later appealed to the Community Association Manager. However, until such appeal is heard, the facility monitor's decision stands. Arguing, being abusive, or being otherwise challenging to a facility monitor may result in disciplinary action.

D. Guests - Conduct of guests remains the responsibility of the sponsoring Member.

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E. Rule Infractions - Members charged with rule violations may be asked to appear at a hearing before the Board to explain and justify their actions. If the Board determines that a rule was violated in a willful or otherwise deliberate manner, the Board may impose penalties including suspension of facility use and privileges.

6.3 Dress Code: Proper dress is required in all Association facilities at all times, and specific attire may be designated by the Board for specific facilities and locations. Unless otherwise specified, appropriate casual attire is required in all areas of the Association. Appropriate casual attire for men includes footwear, shirts, pants or shorts. For women, footwear, blouses/shirts and pants/skirt/dress/shorts are appropriate. Upper body garments must be worn in all activities, except for men using aquatic facilities. Appropriate athletic apparel is required in all indoor and outdoor sports areas, to include proper footwear.

6.4 Gambling: No betting or gambling is allowed at anytime 6.5 No Smoking Policy: The Association provides a smoke-free environment for its members and guests, and all Association buildings are designated as non-smoking areas. While smoking is permitted in most outdoor areas, the Board reserves the right to designate specific outdoor areas as non-smoking by posting appropriate signage. An approved outdoor smoking area is located near the dog park.

6.6 Alcohol Policy:

6.6.1 Policy: Beer, wine, and alcohol are NOT permitted to be consumed in any amenity buildings or at any outdoor facilities unless authorized by the BYOB policy below or an authorized caterer with a valid liquor license. The Board, CAM, or LD may allow alcoholic beverages to be sold or dispensed by a caterer during special events provided that it is in compliance with applicable laws. In addition, CAM, LD (CA Management), or these regulations may authorize a “bring your own bottle” (BYOB) event (See 6.6.5 below). Such events should meet the State of Georgia Alcohol Beverage Control Boards (ABC) regulations (https://dor.georgia.gov/alcohol-tobacco).

6.6.2 ABC Regulations: The ABC regulates and licenses establishments to sell and dispense alcoholic beverages. An event catering establishment must comply with all ABC regulations and have the appropriate licenses. A copy of the catering establishment’s ABC licenses and approval from the LD is required prior to filling out the room reservation forms.

A caterer may not pay a Charter Club, Interest Group or a Member a fee based upon alcohol sales.

6.6.3 Where Sold & Consumed: The LD will authorize where alcoholic beverages can be sold and consumed at any event. It is the caterer’s responsibility to ensure no alcohol is served to any person under the legal drinking age of twenty-one (21) or otherwise in violation of any applicable liquor control laws. No member at a BYOB shall serve any person under the legal drinking age.

6.6.4 Containers: Any open alcohol containers must be disposed of by a licensed person at the conclusion of the event. All unopened alcohol must be removed from the facility at the conclusion of the event. No alcohol can be stored in any portion of Association property.

6.6.5 BYOB Policy 6.6.5.1 Bring Your Own Bottle (BYOB or BYO) is an initialism and acronym concerning alcohol that means "bring your own bottle" or "bring your own booze." It also stands for similar phrases such as “bring your own beer”, or, when relevant, “bring your own

Revised August 2024 18 beverage." At Del Webb Lake Oconee, BYOB means a resident may bring his/her own alcohol as outlined in the CA Rules and Regulations or at an event authorized by CA Management. At all such events, Members must bring their own beverages and carry all empty containers with them. This policy also means Clubs and Interest Groups cannot purchase alcoholic beverages for sale or free distribution to its members.

6.6.5.2 Any open BYOB alcohol containers must be disposed of by the Member at the conclusion of the event. All unopened alcohol must be removed from the facility at the conclusion of the event. No alcohol can be stored in any portion of Association property.

6.6.6 BYOB Policy for the Del Webb at Lake Oconee Clubhouse 6.6.1 BYOB is allowed in all spaces in the Amenities Center, other than the Fitness Center and Indoor Pool.

6.6.2 BYOB Policy for the Tennis Courts, Pickleball Courts, and Bocce Courts – Members are allowed to BYOB, provided they bring their own beverage(s) and carry all empty containers with them.

6.6.7 BYOB Policy for the Grandchildren Park, Softball Field, and Dog Park, and Lakeside Pavilion 6.6.7.1 Grandchildren Park – Members are allowed to BYOB provided they bring their own beverage(s) and carry all empty containers with them.

6.6.7.2 Softball Field - Members are allowed to BYOB provided they bring their own beverage(s) and carry all empty containers with them.

6.6.7.3 Dog Park - Members are allowed to BYOB provided they bring their own beverage(s) and carry all empty containers with them. Remember, glass containers are not allowed in the Dog Park.

6.6.7.4 Lakeside Pavilion - Members are allowed to BYOB provided they bring their own beverage(s) and carry all empty containers with them.

Revised August 2024 19 CHAPTER 7 USE OF GOLF CARTS 7.1 Use of Golf Carts on Private Thoroughfares: Del Webb at Lake Oconee has passed an ordinance to authorize privately owned golf cart travel on designated streets within the Community consistent with state statute. Pursuant to the statute, all golf carts will be required to meet minimum safety standards. Golf cart travel is permitted only within the designated boundaries of the Community and is not authorized on state, federal or county roads.

A. Registration/Operation - Registration and operation of a golf cart on designated streets shall be in compliance with the provisions of the Georgia Rules of the Road and the Georgia Vehicle Code. All golf carts are registered at the Clubhouse Front Desk and given a decal for the golf cart window.

B. Safe Working Condition - Carts must be in sound and safe working condition. No golf cart may be operated on a roadway unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, red reflector warning devices in the front and rear, a slow moving emblem on the rear of the cart, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a roadway, a golf cart shall have its headlight and tail lamps lighted. A person who drives or is in actual physical control of a golf cart on a roadway is subject to all motor vehicle regulations including, but not limited to, DUI provisions. Storage of carts must be in compliance with the Declaration.

All golf carts are to be stored in the owner’s garage. Parking is not allowed in the grass.

Overnight parking in the driveway or street is not allowed.

C. Insurance - Golf cart drivers using public streets will be required to carry proof of insurance. Liability insurance must be maintained on all golf carts, with the amount of coverage determined by the owner in consultation with the owner's insurance agent. Owners will be personally responsible for the conduct of anyone operating their cart and for any damage caused by its operation on community property. Children under the age of 16 will not be permitted to drive a golf cart on community thoroughfares.

D. Carts - All Member carts operated in the community must be electric and not gasoline powered. Carts shall not be operated on community sidewalks, landscaped common areas, or nature trails at any time.

E. Street Rules - Carts should remain to the right side of the road, allowing regular vehicles to pass without obstruction. In so doing, operators must remain aware of and away from pedestrians and bicyclists. Pedestrians shall be given due consideration and a reasonable right of way at all times. In Georgia the bicycle passing rule is remaining three feet from the cyclist.

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F. Subject to Association Rules - Allowance for golf cart street use is intended to be a privilege and convenience to Association members, and any actions which threaten the safety and well-being of the membership, or otherwise infringe upon the rights of others will not be tolerated.

G. Exception has been given to use the pedestrian path from the Club parking lot to the Dog Park and the Garden:

1. Exception has been granted for those carts that display the legal handicap parking pass.

2. The Garden Charter Club members may use the pedestrian path when hauling materials and tools to maintain the Garden space. These exceptions may be revoked in the future if abused.

Revised August 2024 21 CHAPTER 8 CHARTERED CLUBS AND GENERAL FACILITY OPERATING RULES 8.1 Chartered Clubs: Chartered Clubs are organizations that are sponsored by the Association to foster and promote opportunities to pursue a hobby, a recreational or cultural interest. Any group of Members who are interested in pursuing a particular hobby, vocation, or special field of interest may join together as a club and subsequently petition for an Association charter.

Recommendations for approval of Club Charters will be submitted to the Community Association Manager (CAM) and Lifestyle Director (LD). Approval of Association charters rests with the CAM and Lifestyle Director and, at times, may require review by the Board.

Charters are granted based on membership need for a specific program, membership interest, and the availability of Association facilities and equipment. Chartered clubs are the operational nucleus for the Association's recreation program and provide both structure and vitality to its mission.

A. Priority for Group Use of Facility - Chartered club status denotes priority for facility use, waiver of all facility fees, reserved facility space, administrative support from management, technical support from maintenance. Charter Club Priority status is subject to policies of the Association.

B. Sponsored by Association - Chartered clubs function as not-for-profit organizations within the organizational purview of the Association and are often provided with either initial material support or financial support. It is expected, therefore, that clubs generating excess monies, over and above reasonable operating expenses and future needs, will return all or part of the excess to the Association. This is to be reviewed in the financial annual reports with the CAC and filed with the HOA management. The report details the financial goals of the Charter Club which provide the guidelines for the determination of the Club treasury’s funds.

C. Chartered Club Rules - Rules and Regulations for Chartered Clubs are more specifically detailed in a separate Association Chartered Club operating manual publication, and their more significant directions are summarized herein. Some of the more significant rules are as follows:

1. The use of Association facilities by individuals for the express purpose of generating personal monetary gain (through fee required instructional classes) is not permitted unless the activity is otherwise approved by the Association Board or Community Association Manager.

2. Clubs may sell program-related supplies to club members and may offer items made in club facilities to the general membership for sale. However, resale procedures will be clearly defined in club bylaws to ensure that proper documentation is maintained, and that fair and reasonable pricing is offered.

While the Association supports club resale activities as a means of program preservation and an opportunity to showcase club talents, there is no intent to

Revised August 2024 22 provide a forum where individuals might foster a business operation in Association facilities or, otherwise, use the facilities for personal monetary gain.

3. Where clubs have been granted regular designated facility space, the Association has (essentially) delegated full-time operating responsibility to that club. In this manner, the Association is able to provide low-cost instructional programs in an environment that must be necessarily structured and safe for use.

In these situations, residents who desire to use the facility and avail themselves of club programs and activities are expected to join the chartered club to enjoy the benefits of the program. This rationale is solely based on the need to protect both Association and club-purchased investments, the need for providing a safe and orderly working space, and the desire to establish a comprehensive leisure-time activity.

4. Charters are not granted to clubs that require subsequent membership or affiliation in national, state, or regional organizations or set a restrictive precondition for club membership. Also, charters are not issued to more than one club of similar design and purpose who would use the same dedicated facility.

5. Non-craft clubs require a minimum of 25 interested members, and craft clubs require a minimum of 15 interested members to gain charter consideration.

6. Membership is open to residents only, and non-resident memberships are not permitted. Guest privileges, however, may be extended in the same manner as they are for other Association facilities except as follows: (i) After enjoying a club's hospitality for a reasonable period of time, resident guests may be asked to join for continued participation; and (ii) guests may be denied equipment use if they were unable or unwilling to complete equipment training and safety courses prescribed for the regular club membership.

7. Operating hours are posted at the club location. Clubs not requiring specialized equipment/dedicated space will be offered shared multi-purpose space with other nonspecialized clubs. Clubs must provide their own program or facility monitor while club activities are active or temporarily suspend their operation.

8. All craft clubs will provide a minimum 25% of their operating time as open work time for their members and guests. During these times, meetings, instructional classes or other planned activities will not be scheduled.

9. All clubs using power equipment or other equipment of a specialized nature must establish written safety rules and appoint a safety committee to oversee the program. If an individual cannot or will not comply with stated operating and safety procedures or, in the judgment of the club's executive board, cannot safely operate power or other specialized equipment, the Board may suspend (only) those privileges related to the equipment in question. This type of action is not disciplinary and is implemented only to protect the best interests of the Association, the club membership, and the individual.

Any suspension of privileges may be appealed to the Community Association Manager.

Revised August 2024 23

D. Scheduling Club Space - Responsibility for scheduling facility space, and otherwise assisting club activities rests with the Lifestyle Director. Bylaws are required of every club, and once chartered, additional club rules and regulations are generally formulated to more precisely define club activities and programs.

8.2 Fitness Centers/General: (Pools, Spa)

A. Operational responsibility for all fitness center areas, to include the swimming pools and spa, rests with the Lifestyle Director/CAM and facility monitors tasked with overseeing related policies and rules. Maintenance of the facilities rests with the Association's Maintenance Supervisor. The Fitness Director, should there be one on staff, will be a qualified fitness instructor and will be available to provide instruction on the use of fitness equipment and programs and counseling on personal and group regimens. Facility monitors are generally trained in basic CPR but are in no way represented as fitness specialists, lifeguards, or as providing a qualified level of fitness or aquatic program supervision.

B. Locker rooms and showers are provided for use and enjoyment of residents and guests.

Lockers are available on a first-come, first-serve basis. While all locker and shower facilities are accessible for the physically challenged, a family changing/shower facility is available for those individuals requiring special assistance or for those with small children. Clothing or personal effects should not be left unattended or unsecured in these areas as safekeeping shall be the responsibility of the user.

C. In the swimming pools and spa, chemicals are used to ensure a sanitary and safe water environment, and conditions are tested and documented on a regular basis. If unacceptable conditions occur, management reserves the right to close the facility at any time to preserve the health and well-being of members and guests.

D. In Fitness Center exercise rooms and locker/shower areas, food or beverages are not permitted with the exception of bottled water in plastic containers.

E. Towels are not provided and are the responsibility of the member/guest.

F. All users are expected to comply with posted rules and verbal instruction from the Fitness Center staff.

G. Children’s Swim: Restricted hours for children’s swim will be designated and posted at the Fitness Center and publicized on the community intranet site. Children in diapers or under the age of 4 years are not permitted in any pool at any time. They are, however, permitted in the deck areas of the pool under adult supervision. If a child’s age is questionable, due to his/her size, a copy of the child’s birth certificate may be requested for the front desk file to accommodate future visits. A maximum of 4 guests are permitted to accompany a resident at any given time. Unaccompanied guests are not permitted to use fitness facilities at the Club at Lake Oconee. The 4-guest rule also applies to residents sitting and watching on the pool deck. Children are considered guests.

Revised August 2024 24 8.3 Fitness Center/Exercise Equipment Room:

A. This facility is intended to promote low to medium range strength, muscle toning and cardiovascular exercise. Due to the nature of this activity, preference is given to individual, self-directed activity, and group activity will only be scheduled to educate and train individuals on the proper and safe use of equipment.

B. Prior to using this facility, members and guests must attend a basic fitness orientation and training program for the proper and safe use of exercise equipment. Training classes are scheduled on a regular basis for the convenience of members. While individualized programs can be developed for personal fitness needs, program focus is on the safe use of equipment and the fitness needs of the majority. The Fitness Director or other Fitness Center staff will not prescribe or otherwise recommend any program intended to accommodate or supplement a medical need or medically prescribed rehabilitation program.

C. Prior to using this facility or engaging in any form of fitness program, individuals should consult a physician. Individuals must execute an activities waiver available from the Lifestyle Director or CAM.

D. The equipment in these areas is designed for strength and cardiovascular training. All users are expected to observe the posted rules concerning proper and safe use. Personal equipment is to be removed at the end of training. If you wish to donate a piece of equipment, approval from the Association is required.

E. Children under the age of 16 are restricted from use of this facility.

F. All residents and guests must scan in or sign in and show a photo ID card before using the equipment.

G. Appropriate fitness apparel is required, to include upper body garments and proper footwear. Sandals, shower clogs, or other similar items and street shoes are not acceptable fitness footwear.

H. Due to high resident demand, some equipment may be identified with a time limit for use. If there are no individuals waiting to use one of these items, individuals may continue their workout beyond the established time limit. Association Management reserves the right to impose a reservation system on equipment if additional control measures are required.

I. Following use, equipment should be wiped down with a towel or towel wipe. Fitness wipes are provided at each door for your convenience use for the disinfecting of exercise equipment. All portable equipment (dumbbells, beauty bells, exercise mats)

should be returned to their proper storage locations.

J. Food or beverages are not permitted in the equipment area with the exception of water in plastic bottles.

Revised August 2024 25

K. Audio and television systems are provided for the convenience and enjoyment of members and guests. Programs will be tuned to satisfy the interests of the majority, but the final decision rests with the Lifestyle Director/CAM. Portable radios are permitted, but only with earphones.

8.4 Billiards Room The billiards room is open for first come play unless the Lifestyle Director or the Billiards Interest Group has scheduled a competition event or game. Children under the age of 16 years are not permitted in the billiards room. No food or drink is allowed on the billiards or game tables. Please do not sit or lean on game tables.

Report any broken cues, torn felt or corner pocket repairs needed to the Association office.

8.5 Table Tennis The table tennis equipment is monitored by the Table Tennis Interest Group (TTIG). The TTIG purchased the additional table for team play. The room for play is scheduled through the front desk. Setting up the table is done by the players and members of the TTIG; they will be glad to instruct in set up and take down. All table tennis equipment is to be returned to storage position and place. Return any chairs and tables back in place.

8.6 Fitness Center/MPR ll:

A. This facility is intended to promote low to medium impact aerobic exercise, aerobic dance, and stretching programs. Due to the nature of these programs, preference is given to group lessons and group instructional programs. Individuals may use this facility in a self- directed manner only when group programs are not scheduled.

Use of this room does require respect for the adjoining room. The MPR1 is reserved and used for presentations, activities, and Clubs. The MPRII is open on an “open use” basis that does not impede the adjoining room’s program. Self-instructed dance, aerobics, or similar fitness activity is permitted as long as the program does not conflict with the adjoining room scheduled program. The Lifestyle Director will determine if the fitness activity can be held when scheduled activity is ongoing. Small hand weights and bands are provided in the closet and are to be returned in a proper manner at the end of any exercise period. The bands will not be replaced by the Association as these were a startup purchase.

B. Prior to using this facility or engaging in any form of fitness program, individuals should consult a physician. Individuals must execute an activities waiver available from the Lifestyle Director or CAM.

C. Children and guests under the age of 16 may be restricted from use of this facility or require the supervision of an adult. Special minimum age requirements for the use of specific areas are posted. Children under the age of 16 are not permitted in the room during scheduled classes; nor are they permitted to join in the class.

D. Appropriate fitness apparel is required, to include upper body garments and proper footwear. Sandals, shower clogs, or other similar items and street shoes are not acceptable fitness footwear.

Revised August 2024 26

E. Food or beverages are not permitted in the dance and aerobics studio, except for water in plastic bottles.

F. Prior to using this facility or engaging in any form of fitness program, individuals should consult a physician. Individuals must execute an activities waiver available from the Lifestyle Director or CAM.

G. Children and guests under the age of 16 may be restricted from use of this facility or require the supervision of an adult. Special minimum age requirements for the use of specific areas are posted. Children under the age of 16 are not permitted in the room during scheduled classes; nor are they permitted to join in the class.

H. Appropriate fitness apparel is required, to include upper body garments and proper footwear. Sandals, shower clogs, or other similar items and street shoes are not acceptable fitness footwear.

I. Food or beverages are not permitted in the dance and aerobics studio, except for water in plastic bottles.

8.7 Swimming Pools

A. General:

1. NO GLASS PERMITTED ON THE POOL DECKS or IN THE POOL AREA.

2. Pool hours are subject to change based on seasonal demands, with specific times posted and publicized in the monthly newsletter.

3. Children in diapers or under the age of 4 are not permitted in any swim pool at any time. They are permitted in the deck areas of the pool under adult supervision, as long as they do not disturb residents and guests. Children, ages 4-15, may only swim during children’s swim hours, as periodically designated by the Board, and they must have adult supervision. Members choosing to swim during the specified children’s hours should be sensitive to the nature of youth activity and the presence of children in the pool environment.

4. Portable radios are not allowed in the pools but may be used with earphones, and only on the deck and lounge areas.

B. Sanitation (Pool and Spa):

1. Chemicals are used to ensure a sanitary and safe water environment, and conditions are tested and documented on a regular basis. If unacceptable conditions occur, management reserves the right to close the facility at any time to preserve the health and well-being of members and guests.

2. Showers must be taken before entering the pool/spa. If using sun oils or lotions, showers must be taken prior to each entry into the pool/spa. Individuals with open wounds are not permitted in pool/spa.

3. Food and canned non-alcoholic beverages may be used only in areas where tables and trash receptacles have been provided. Food or beverages are not permitted in the pool or

Revised August 2024 27 on the surrounding deck apron. No bottled drinks or glass containers of any kind are permitted.

4. Swim suits are required. Cut-offs or other forms of street clothes are not acceptable.

C. Safety:

1. Lifeguards are not provided, and facilities are designated as "Swim at Your Own Risk." Life buoys and "shepherd's crooks" are available at poolside for emergency use only.

2. The depth of the pools vary between 3 1/2' and 5', and diving is not permitted at any time. The indoor lap pool depth is a maximum of 5’. The outdoor pool has a 0" depth at the edge and increases to a maximum of 5' at the far end.

3. Due to the heavy patron traffic expected as well as the decorum desired for this facility, swim fins, facemasks, footwear, rafts or toys/games of any nature are not permitted.

Inner tubes or other inflatable devices are not permitted. Specific exemptions may be granted for participants of water aerobics programs and workout swimmers. If medical conditions warrant, exemptions may also be granted when the need is certified in writing by medical authority and filed with the Club front desk or facility monitor. Small children in the pool, under the direct supervision of an adult, may wear inflatable arm devices as a precautionary measure.

4. Alcoholic beverages are not permitted during normal operations but may be authorized during special events. In no instance will alcoholic (or non-alcoholic) beverages be allowed in the pool.

5. Running or other boisterous behavior is not permitted. While we expect children to be reasonably controlled, some discretion will be exercised in determining what is boisterous or otherwise unacceptable behavior. Residents are asked to please be reasonable in this respect when assessing children's behavior and the potential impact on other users.

6. If lightning is observed in the local area, residents and guests should vacate ALL POOLS. On the pool decks wear foot protection as a barrier from the surface. Leave the outdoor pool and adjacent deck areas until a safe environment is restored.

7. Lane dividers are used as a safety measure to separate lap swimmers from other pool users, properly guide the lap swimmer, and preclude injury from interference outside the lanes. Disturbing the lane markers in any way is not permitted.

D. Special Events and Activities:

1. The Community Association Manager is responsible for approving requests for special events. Once approved, the dates and times of special events will be publicized well in advance.

2. The Community Association Manager may authorize special group times for physically challenged groups or those desiring instructed aquatic exercise. In all cases, these times will be posted.

Revised August 2024 28

3. Special devices for the physically challenged, such as the entry ramps and water wheelchairs, are self-serve and may be used at the member/guest discretion. Any member requiring specialized assistance should contact the Fitness Director or alternate staff member for instructions.

4. Unless a group activity has been authorized, a minimum of two lanes will be separated by floating dividers and used for lap swimming. Lap lanes are not to be used for walking or other non-swim activity. When both lanes are occupied, lanes will be shared, and individuals will swim to the right. If lanes are fully occupied and individuals are waiting to swim, time of use will be limited to 45 minutes.

5. Occasionally specialized equipment such as scuba gear, kayaks, etc. may be allowed in the pools at the discretion of the Lifestyle Director or the Community Association Manager.

8.8 Spa:

A. Swim suits are required. Cut-offs or other forms of street clothes are not acceptable.

Showers must be taken before entering the spas.

B. Children under the age of 12 are not permitted in the spa.

C. Swimming in the spa is not permitted, and vigorous exercise should be avoided. Spa water is maintained at approximate temperatures of 102-104 degrees Fahrenheit and is intended to relax muscles. In this environment, exercise has a tendency to aggravate an ailment rather than improve it.

D. While the time limit for use of the spa may vary from one member to another, 15 minutes is generally considered to be sufficient for muscle relaxation and general enjoyment.

When exiting the spa, do so very slowly, using the steps and handrails. The single black button operates the spa jets for 15 minutes and then shuts off automatically.

E. Individuals with hypertension, heart conditions, or those on medication for any reason should not use the spa without first consulting with a physician. Individuals who have recently consumed alcoholic beverages should avoid using the spa altogether.

F. Food or beverages are not permitted in or around the spa. Consumption of alcohol before or during use of the spa is not recommended as it could lead to extreme dehydration, heat exhaustion, dizziness and possible fainting. Check with your physician before use if you have health-related issues.

See Appendix B for swimming pools and spa posted rules.

Revised August 2024 29 8.9 Tennis Courts:

A. Outdoor Tennis Courts are available for recreational use and operational responsibility rests with the Lifestyle Director. A court reservation system will be used. When a court reservation system is not in use, use of the courts is on a first-come, first-serve basis. As participation levels increase within the Community, additional rules or restrictions on duration of play may be designated. Residents have priority, but a limited number of outside guests may be allowed at established fees at the discretion of HOA management. Maintenance of the facilities rests with the Association's Maintenance Supervisor.

1. Lights are available for nighttime play. Court lights are available, and the switch is located on the entry gate. Turning these on/off will require a warm-up time of 1520 minutes. If a reserved playtime is scheduled, the last scheduled players should be proactive and turn the lights off after play.

B. Appropriate tennis apparel is required; upper body garments and rubber-soled tennis shoes must be worn at all times. Hard-soled footwear or street shoes are not allowed.

C. All residents must have their Association membership card with them while using the courts. Guests must be accompanied by a resident sponsor.

D. Courts will be open daily during Clubhouse hours and subject to weather and maintenance requirements.

E. When lessons are provided by the Association, they will be open to the entire community, and a fee may be charged. Individuals or chartered clubs may arrange personal lessons on their own time and at their own expense.

F. All players play at their own risk. If players encounter excessive water or debris on the courts, they should not begin play but notify the Administration Office for assistance.

If a minor problem is encountered, brooms and squeegees are available at courtside.

Please help keep your facilities in top playing condition.

See Appendix C for additional posted tennis rules 8.10 Pickleball Courts

A. Outdoor pickleball courts are available for recreational use. Operational responsibility for the pickleball courts rests with the Lifestyle Director/CAM, and facility monitors are tasked with overseeing related policies and rules. Maintenance of the facilities rests with the Association’s Maintenance Supervisor.

B. Pickleball courts are open following the same hours as the Clubhouse-7:00am to 9:00pm.

The Pickleball Charter club monitors the scheduled use for Club play. These hours change from time to time and are posted on the community website or available by contacting the front desk.

Revised August 2024 30

C. The use of the pickleball courts for any wheeled sports is not permitted.

D. No dogs are permitted inside the fence of the courts.

E. Court lights are available, and the switch is located on the entry gate. Turning these off/on will require a warm up time of 1520 minutes. If a reserved playtime is scheduled, the last scheduled players should be proactive and turn the lights off after play.

F. The courts are numbered for a future reservation system.

See Appendix D for more Pickleball rules 8.11 Bocce Ball Courts:

A. Outdoor bocce ball courts are available for recreational use. Operational responsibility for the bocce courts rests with the Lifestyle Director/CAM, and facility monitors are tasked with overseeing related policies and rules. Maintenance of the facilities rests with the Association's Maintenance Supervisor.

B. Bocce ball courts will be open daily from dawn until dusk. Use is on a first-come, first- serve basis. As participation levels increase within the community, additional rules and restrictions on duration of play may be designated.

C. Upper and lower body garments must be worn at all times, and soft-soled shoes are recommended.

D. Dedicated time for bocce ball play is granted to the Bocce Ball Chartered Club. Open playtime will otherwise be assigned but will be suspended during the designated club play periods. Lifestyle Director may from time-to-time secure time for special event member participation.

E. Children under the age of 16 must be accompanied by an adult.

F. Check-out equipment is available.

G. When playing the game, individuals should walk back and forth on the concrete walkways between the courts, rather than on the carpeted play surface. Please help to keep your facilities in top playing condition.

H. Access boards allow entry onto the courts by the physically challenged. If unsure as to how the access board operates, assistance should be requested from the monitor.

See Appendix E for additional Bocce rules

Revised August 2024 31 8.12 Grandchildren’s Playground: The Grandchildren’s Playground is available for the use and enjoyment of residents and their accompanied guests and family members. Adults are encouraged at all times to supervise small children and exercise caution to minimize potential for injury. Use of the Grandchildren ‘s Playground is at participant’s own risk. The Grandchildren’s Playground rules are posted.

8.13 Community Gardens: The community gardens will be available for sign up use by residents on a seasonal basis. Sign up is available through the acting Garden Charter Club. The formal guidelines are posted on the community website under the Garden Club web pages.

Updates to the rules and regulations for the use of the site will be publicized prior to registration each spring.

8.14 Croquet: Operational responsibility for croquet rests with the Lifestyle Director/CAM, and facility monitors are tasked with overseeing related policies and rules. Maintenance of the facilities rests with the Association's Maintenance Supervisor. Croquet equipment was provided at its opening and is monitored by the Croquet Charter Club. Use of the equipment is based on the honor system. Equipment should be returned to storage after use. Please refer to the Croquet Charter Club guidelines posted on the croquet page of the website.

8.15 Softball Field: In the event a community softball field is created, the ball field shall be operated as a division of the Association Activities Department. General rules and regulations are highlighted below:

A. Facilities are generally available for use at no fee by Association Chartered Clubs and by other residents and their guests. Fees, however, may be assessed for reserved and exclusive use of facilities by residents or outside parties based on the Board established fee policy. Fees for reserved and exclusive use of facilities and special programs shall be established to provide a revenue source for the Community Association and/or offset operating expenses for program costs, repair and maintenance at the site.

B. Residents and guests should understand that operations and programs at the Softball Field are generally unsupervised and that responsibility for participation in related activities are assumed at their own risk.

C. No individual or group will be allowed to use an athletic field during a heavy rain or electrical storm.

D. No alcoholic beverages are allowed at the Ballfield, unless under supervision by an Association staff person during an Association sponsored special event.

E. No betting or gambling is allowed in the parks at any time.

F. The charging of admission fees is not permitted without the express written consent of the Homeowners Association Governing Board of Directors.

8.16 Basketball Court: The community basketball court is available for open play on a first- come first-serve basis. The Lifestyle Director has the overall authority to reserve the court for special events. Fair play is required at all times Shirts, and appropriate sports attire and foot wear is required on the courts. No hanging on the goal net is allowed. If the height is adjusted for

Revised August 2024 32 play, please return it to the height standard of 10 feet. No roller blading, skateboarding, or bicycles are permitted on the court. Courts are available for use according to the Club’s posted hours.

8.17 Docks/Boat Ramp: The community boat slips were built in 2009 and opened with a day use only announcement to each purchaser. During the time the community has been opened, the Clubs and Activities Committee has searched, created and updated the potential rules and guidelines for overnight boat slip use for the residents/owners. The most current guidelines are in place and are found in APPENDIX F to this document. This outlines the current 2016 Boat Amenity Guidelines. These guidelines are updated annually, and boat owners will need to verify changes in the guidelines by searching on the community website each year.

DO NOT FEED THE GEESE OR OTHER WILDLIFE PLEASE. The droppings from the geese are unsightly and unhealthy. Feeding the geese attracts more geese to the lake front areas.

See Appendix G for posted dock rules 8.18 Lakeside Pavilion: The Lakeside Pavilion operates as a first-come, first-serve facility.

There is no saving of seats daily allowed. The pavilion is used from time-to-time for casual neighborhood gatherings by street names. Neighborhood gatherings are announced community wide to request respect for their event’s use of the pavilion.

See Appendix F for posted Lakeside Pavilion Rules 8.19 Boat Storage Facility: The Boat Storage facility is located on Oconee Shores Parkway above the boat ramp area. The Boat Storage Agreement is reviewed for updates annually and is subject to change. A copy of the current Boat Storage Agreement is posted on the community website and available at the HOA Management office upon request. The Boat Storage amenity is available only for boat storage (not RVs, campers, golf carts, etc.) owned by the owner /residents. The parked RVs, as of 2015 registrations, are grandfathered to be allowed to remain as a renter as long as the resident owns the RV. If the RV is sold to another resident, the storage space does not transfer to the new resident/owner.

See Appendix H for Boat Storage Rules (Rules are subject to change and are updated annually and posted to the website.)

8.20 Dog Park: The dog park is open to all owners’ dogs that are registered with the HOA, provided that all dogs have the proper state required vaccinations and are healthy at the time of use. The dog park rules have been posted at the dog park. The park is closed from time-to-time for maintenance.

Revised August 2024 33 DOG PARK RULES HOURS: Dawn to Dusk • All pets must be registered with Del Webb at Lake Oconee (DWLO) HOA Office. Pets must have proof of immunizations upon request • Enter at your own risk.

• DWLO HOA is not responsible for injuries to dogs, their owners, or others using the park. Owners are legally responsible for their dogs at all times while in the dog park as well as any injury which may occur.

• Owners must clean up after their dogs and properly dispose of their waste.

• Dogs must be under voice command control and accompanied by an adult aged 19 years or older.

• Dogs that are aggressive or exhibit excessive barking are not allowed in the park.

Aggressive behavior should be reported immediately to the Community Association Manager.

• No food is allowed in the dog park.

• Dogs in heat and puppies under 4 months old are prohibited.

• Owners should fill in any holes created by their dogs.

• To report bites, please call City of Greensboro Animal Control at 706-454-7039 or 911.

• For emergencies call 9-1-1, and tell the operator, your location is “Greene County.”

• Children under the age of 5 are not allowed in the dog park.

• Owners may bring a maximum of 3 dogs to the park at one time.

• Respect other dog park visitors, both human and dog, by keeping pets from jumping on or interfering with other people or their pets.

• Violators to the dog park rules are subject to removal from the park and loss of privileges.

Revised August 2024 34 8.21 The Club at Lake Oconee:

A. General:

1. Operational responsibility for the Club at Del Webb at Lake Oconee activity program rooms rests with the Lifestyle Director. Maintenance of the facility rests with the Association's Maintenance Supervisor. Operating hours for all activities coincide with those of the Club

2. Requests for assistance to move tables for Chartered Club and Interest Group events must be submitted in advance to allow for scheduling of maintenance staff during business hours (7am until 3pm). The Chartered Clubs hosting events that are scheduled after maintenance staff hours are responsible for their own room set-ups and changes.

Rooms should be re-set according to the standard lay out posted by management or at the direction of the Lifestyle Director.

B. Multi-Purpose Room and Activity Rooms:

1. Room Usage Restrictions – No for-profit group or individual may reserve or use any part of HOA property, including but not limited to, rooms, lobbies, sports areas, or pool areas, with the intention of receiving money for goods and services. The HOA and Charter Clubs that have been given clearance by the Lifestyle Director or Community Association Manager may host for-profit groups or individuals at events sponsored by the HOA or Charter Clubs.

2. Room Usage Changes – Please note that room usage policy will necessarily change as the community grows in population. The Board of Directors retains the right to amend all room use policies to best address the needs of the community. This includes but is not limited to reservation fees, set up fees, deposit amounts, facility access and decoration usage.

3. Operable walls provide added flexibility to configure rooms for small and large functions. Room capacities and various set-up arrangements can be obtained from management.

4. Rooms may be decorated in good taste, but only with the advance approval of the Lifestyle Director. Under no circumstances will decorations be allowed that mar or otherwise alter the interior décor (i.e., walls, furniture, pictures, window treatments, etc.)

of the facility.

5. Entertainment groups may be contracted by the Association or by a sponsoring group. Due to sound system and electrical requirements, close coordination is required with the Lifestyle Director and Maintenance. If professional film, script, production, or sound-type entertainment is provided, close coordination is required with Management to ensure that proper licensing and/or royalty fees have been accommodated or waived.

Revised August 2024 35

6. Audio Visual equipment must be reserved in advance; a trained volunteer or member of the HOA staff is required to set up the equipment. All items are to be unplugged and returned to the A/V storage container in the manner in which they were received from the front desk. All items should be returned to the front desk and inspected to ensure that all items have been returned in the same condition they were received.

C. Kitchen and Storage Closets:

1. Equipment-the kitchen storage closet has a list posted of items as stored by shelf, i.e. coffee urns, chafing dishes, etc.

2. Refrigerator –storage before and after event. All event foods need to be labeled and respected for those events; club name and contact person should be labeled clearly.

After the event, the sponsoring club has 2 days to remove leftovers or donate to another club event and marked clearly. If there is not an event to receive the food donation, items must be cleared out of the refrigerators and freezers. All unmarked items are likely to be discarded. Condiments are stored for general community use in the Club and for use in events and group meals.

3. Stove and Microwavescalibrated for standard dish size

4. DishwashersThe dishes need to be removed by a scheduled time line as noted in the Club rental agreement

5. Dishes and tablewareThe cabinets have list and marked storage areas. After event, items must be stored in the same manner as found. See guide.

6. LinensAt the end of an event, the linens should be signed out with the room monitor, laundered, and returned in a timely manner. They should be returned at the front desk for check in and storage in the Lifestyle closet.

7. There are extra supplies located in locked closets in Craft Room.

8. CabinetsAll perishable items: rice, crackers, spaghetti, owned by a club solely for their use needs to be labeled and dated. If not used in a timely manner, those items will be discarded. All items in boxes and bags should be stored in plastic containers to prevent spoilage.

9. IdentificationList of items and where items are stored are noted on the inside door of each cabinet. These are to be observed, and if changed, ownership falls to that club to repost the change for that storing shelf and/or cabinet.

10. Soaps, dishwasher soap, cleaning cloths, paper towels are not provided by the HOA.

Revised August 2024 36 CHAPTER 9 OUTDOOR AND NATURAL AREAS 9.1 Outdoor Areas: There are various outdoor areas throughout the community that can be used for self-directed or passive recreation activities: walking trails, Grandchildren’s Playground, Lakeside Pavilion, picnic tables on lakeside path ways and open areas adjacent to Association facilities. All areas are unsupervised, and caution should be exercised when using them.

See Appendix G for the Lakeside Pavilion rules 9.2 Lake / Fishing: The Lake is available for the year-round use and enjoyment of residents and their guests. Available at the lake are boat docks. Rules are highlighted below.

1. Fishing is permitted on Lake Oconee. Residents and their guests are permitted to fish from the dock or perimeter lake shore. Fishing from the dock is only permitted in the areas where no boats are moored. No fishing is permitted at the installed kayak and canoe put-in beach adjacent to the storage racks at the lake to the right of the boat ramp. All residents and guests fishing are responsible to retrieve all hooks and fishing gear and dispose of bait containers properly.

2. Residents and their guests are required to comply with all state and federal fishing regulations and licensing obligations. Acquisition of appropriate licenses is the responsibility of each resident and guest. Visit www.georgiawildlife.dnr.state.ga.us to access current information.

3. Swimming: Swimming is prohibited at the boat docks and ramp. Due to boat traffic in the area swimming is prohibited. No jumping from the boat docks is allowed. No beach area for swimming is provided.

4. Kayak access is located to the right of the boat ramp.

9.3 Enjoyment and Protection of Wildlife: The ponds, streams and other bodies of water within the properties are primarily aesthetic and intended for limited uses such as recreational photography and observation, pursuant to the rules and regulations established by the Board.

Certain areas are designated as wetland, migration and preservation areas and are restricted as to use by covenants approved by the U.S. Army Corp. of Engineers.

Revised August 2024 37 Chapter 10 Transfer of Resident Rights Transfer of Title- Transfer of title can occur for different reasons. In the event of a transfer of title, one person in the household must be 55 years of age or better. All children must be 19 years of age or better.

The Community Association will enforce resident age restrictions in order to comply with the Federal Fair Housing Act. Reference: Declaration of Covenants, Conditions, and Restrictions, Article 3.1 vi. Age Restrictions Any Owner desiring to sell or otherwise transfer title to his/her Dwelling unit shall complete the forms provided in this section and return them to the Association office within 24 hours of signing a Contract to Purchase or Lease Agreement.

Activity Card- The right to an Activity Card is based upon occupancy of a dwelling. Any owner who transfers occupancy of his/her dwelling unit shall be deemed to have assigned his/her rights of their Activity Card to qualified residents of the dwelling unit. No Activity Card shall be given to any dwelling unit that is not occupied by an age-qualified resident/renter. Any owner who transfers the right to occupy his/her dwelling shall provide the Association with immediate written notice at the time of transferring rights. Please refer to the Covenants, Conditions and Restrictions, Article 2.2 a & b, Activity Cards.

Forms includedAge Verification Form Authorization to Relinquish Activity Cards Receipt of Transfer of Governing Documents

Revised August 2024 38

I. Transfer of Resident Right Del Webb at Lake Oconee is an active adult community, operated as an age restricted community in compliance with the terms of the Federal Fair Housing Act as amended. To maintain the Community’s status as an age restricted community, the Board of Directors has instituted the necessary policies and procedures as follows:

1. Resale Policy

A. The following shall be the responsibility of the Seller:

a. Within twenty-four (24) hours of written acceptance, please submit a copy of the Purchase Contract and an Age Verification Form to the Association office.

b. Seven (7) days prior to closing, please submit a completed Receipt of Transfer of Governing Documents to the Association office.

B. The following shall be the responsibility of the Buyer:

Once the transfer of the property has been completed, and the resale transfer fee has been received, please submit proof of ownership (HUD 1) to the Association Office.

C. Forms

a. Age Verification Form

b. Receipt of Transfer of the Governing Documents

2. Leasing/Renting Policy.

A. The following shall be the responsibility of the Unit Owner:

a. Within twenty-four (24) hours of acceptance of the Rental/Lease Agreement, please submit a copy of the signed Agreement and Age Verification Form to the Association office.

b. Seven (7) days prior to the leasing date, please submit a Receipt of Transfer of Governing Documents Form to the Association office.

B. Upon expiration of a Lease/Rental Agreement, please submit a copy of the renewal agreement reached between the owner and renter to the Association office.

Revised August 2024 39

C. Forms

a. Age Verification Form

b. Receipt of the Transfer of Governing Documents

3. Investor/Inheritor

A. If you do not meet the limitations of the age restriction as described in Article II, Section 3.1 of the Declaration, you may either lease or sell the dwelling unit.

B. The Association be provided with the proper documentation to transfer membership/ownership records.

C. Additional forms:

Investor/Inheritance disclosure

4. Failure to comply with these procedures may result in fines.

Revised August 2024 40 Appendix A DWLO Refund Policy This policy affects events at DWLO that cost money for residents to attend.

1. The Club at Lake Oconee will allow for refunds as follows:

a. If a request for refund is made on the same day as the purchase is made, the refund will be handled as follows:

i. cash – cash will be refunded ii. check – check will be returned.

Community-wide events sponsored by Lifestyle will be refunded if an event is cancelled.

Otherwise, it is the responsibility of the purchaser to re-sell his or her reservation to another DWLO homeowner and to provide the front desk with the name change

Revised August 2024 41 APPENDIX B Outdoor Pool Rules Warning! No Lifeguard On Duty, Swim at Your Own Risk -Unattended solo bathing is not recommended -Children ages 4-15 and guests shall not use the pool unless accompanied by an adult resident -Children ages under the age of 4 are not allowed in the pool or spa at any time -No glass items of any kind are allowed in or around the pool -No food or drink allowed in the pool. Spill proof containers are allowed at pool edge -No cut offs or diapers allowed in pool -No running or rough play allowed -No spitting, spouting of water, or blowing nose in pool allowed -No swimming during heavy rain or when thunder and lightning can be seen or heard -Emergency 911 box is located outside on wall by doors entering the indoor pool area Max bathing load: 345 persons Indoor Pool Rules Warning! No Lifeguard On Duty, Swim at Your Own Risk -Unattended solo bathing is not recommended -Children ages 4-15 and guests shall not use the pool unless accompanied by an adult resident -Children under age 4 are not allowed in the pool or spa at any time -No glass items of any kind are allowed in or around the pool -No food or drink allowed in the pool. Spill proof containers are allowed at pool edge -No cut offs or diapers allowed in pool -No running or rough play allowed -No spitting, spouting of water, or blowing nose in pool allowed -No swimming during heavy rain or when thunder and lightning can be seen or heard -Emergency 911 box is located outside on wall by doors entering the indoor pool area Max bathing load: 147 persons Spa Rules Warning! No Lifeguard On Duty, Swim at Your Own Risk -Hot water exposure varies from person to person -Only persons 16 and older may use the spa. Pregnant women should consult their doctor before using -Risk of drowning: persons suffering from heart disease, diabetes, high blood pressure, and other health issues should not sure spa without prior medical consultation and permission from their doctor -Risk of drowning: do not use spa while under the influence of alcohol, narcotics, or other drugs that cause sleepiness, drowsiness, or raise blood pressure -Risk of drowning: use caution when bathing alone. Overexposure to hot water may cause nausea, dizziness, and fainting -Risk of drowning: do not allow use or operate spa if suction fitting is missing, broken, or loose -Risk of child drowning: use of spa by children under 16 years of age is prohibited -Risk of injury: before entering, check spa temperature before each use. Spa temperature should not exceed 104 degrees. Contact Front Desk if over 104 degrees -Risk of injury: enter and exit slowly -Risk of injury: no glass allowed at spa. Keep all breakable objects out of spa area -Risk of shock: never place electrical appliances (telephone, radio, tv, etc) within 5 feet of spa -Risk of shock: the spa may not be operated during severe weather conditions, i.e., electrical storms or tornadoes -Emergency 911 call box located outside on wall by the door entering indoor pool area Max bathing load: 8 persons

Revised August 2024 42 APPENDIX C DWLO TENNIS COURT RULES • Players are to refrain from play if courts are wet.

• Proper tennis attire and tennis shoes are required (no running shoes)

• A resident may have three guests on a court for play.

• Players are to sweep the courts after play.

• Players are to wipe shoes clean before entering all playing surfaces.

• All use of tennis courts is at player’s own risk.

• Pets are not permitted inside the fenced viewing area. Pets outside of that area must be on a leash at all times

Revised August 2024 43 APPENDIX D PICKLEBALL COURT RULES Outdoor Pickleball courts are available for recreational use.

• The Pickleball Club reserves the right to schedule play hours throughout the week. When there is not scheduled play, courts can be used on a first come, first-serve basis.

• Balls and other equipment must be returned to the appropriate location at the end of play.

As participation levels increase, additional rules or restrictions may be designated.

• Maintenance of the facilities rests with the Association's Maintenance Supervisor.

• Chairs and tables are available for use inside the fenced viewing area. Do not use chairs in the viewing area that will damage the asphalt.

• Pets are not permitted inside the fenced viewing area. Pets outside of that area must be on a leash at all times.

• Lights are available for nighttime play and will be controlled by an automatic timer.

• Appropriate Pickleball apparel is required; upper body garments and rubber soled tennis shoes must be worn at all times. Hard-soled footwear or street shoes are not allowed.

• Courts will be open daily from 7:00 am until 9:00 pm and subject to weather and maintenance requirements.

• When lessons are provided by the Club, they will be open to the entire community.

• All players play at their own risk. If players encounter excessive water or debris on the courts, they should not begin play, but notify the Association Office for assistance. If a minor problem is encountered, brooms and squeegees are available for use. Please help keep the facilities in top playing condition.

Revised August 2024 44 APPENDIX E DEL WEBB AT LAKE OCONEE BOCCE BALL COURT RULES • No lofting of balls.

• Players are to refrain from play if courts are wet.

• Proper attire and shoes are required on the Bocce Ball courts.

• All bocce ball court reservations must be made at the Club in person or by phone at 706- 999-1760. Courts are reserved on a first-come, first-serve basis. Each reservation will be for one person for up to two hours.

• Players are to wipe shoes clean before entering Bocce Ball courts.

• All use of courts is at player’s own risk.

Revised August 2024 45 APPENDIX F DWLO LAKESIDE PAVILION USAGE GUIDELINES ● Pavilion use is first come first serve basis. 8:00 am to 9:00 pm.

● Pavilion use is on the Good Neighbor Rule. Carry in and take out what you bring in!

● There is minimal trash service. (Large bags may be disposed of in the rolling trash container.

Lid must close completely).

● Restrooms are cleaned regularly. Report any concerns to DWLO HOA.

● The Homeowner is responsible for following Good Neighbor rules in cleaning up, returning tables to their original positions, wiping down dirty tables and sharing the space. Plan for clean up as a part of any outing.

● Fireplace use requires you to make certain a lighted fire is out before departing. The fireplace has a propane starter. If needed the propane key is available at the Clubhouse Front Desk.

Valves are located at the rear of building (marked Water). Lines are painted yellow. The right- hand valve when open allows gas to flow from tank to fireplace starter. The left valve allows gas to flow to the built-in grill. Only the right-hand valve needs to be open to use the fireplace starter. The valves are open when they are in-line with the pipe.

● Firewood is located on the racks just above the pavilion. Please make sure your fire is down to coals after your use. Make sure the gas is turned off; the screen is in place and the key returned to the Clubhouse. In a time when the state has issued a “No Fires” warning we are to observe that law.

● Gas Barbecue use and safety are posted. See Pavilion Grill and Heater Usage Guidelines. It is recommended to brush the grill when hot after each use. Check and empty grease cup on Brinkmann grill. Also wipe grease from grill housing and controls. Hot water is available in rest room. Bringing cleaning cloth and soap will help keep the grills clean.

● No sitting, walking, jumping, or playing on the railings around the deck and stairs.

● As a courtesy to the homeowners nearby, all music & noise must end no later than 9:00 pm.

● Unattended “saving tables” is not permitted for all day.

● Please refrain from having “pets” on the deck and under roof when others are dining. Please curb your pet appropriately as required in other areas of the amenities and common areas. All pets are to be on a leash. Please refrain from having “pets” on fireplace furniture. Please use courtesy with pet handling when others are present.

● Rest Rooms - Ladies and Men’s - doors need to be pulled shut. Access code is 241.

● Golf cart traffic should be limited to drop off and pick up. You are responsible for any damages to lighting fixtures, landscape replacement, etc. It is not designed for two lanes or passing.

Revised August 2024 46 APPENDIX G

A. BOAT RESERVATION SYSTEM FOR OVERNIGHT DOCKING

POLICY SUBJECT TO ANNUAL UPDATES

• The system will allow a maximum of 5consecutive nights.

At the end of the 5 days, boat owners must submit a new reservation.

• Overnight reservations are made online through the reservation system. Should you need assistance, reservations are accepted Monday through Friday at the Clubhouse Front Desk from 9am until 3pm.

B. RESERVATION SYSTEM

Following are the requirements for the reservation system.

• Docks A, and B and part of C will be used for overnight, and Dock D & part of C will be day use only. See diagram of docks; day use docks are red.

• Reservations can be made up to 15 days out from today’s date.

• • Boats must be removed no later than 11:00 the morning following the last overnight reserved.

A new reservation may be made after noon on the last day of the current reservation, depending on availability. If procedure is not followed and there is an unauthorized boat docked in a reserved space, the front desk will not call the offending party. They will give the contact information for the unauthorized boat owner (if we have it and if it is in the resident directory) to the person with the reservation. The two parties will work it out.

If there is a problem or there is a repeat offender, then the HOA office will get involved.

Things that the boaters will be required to do.

• Register a boat with the HOA at the front desk. If the boat is not registered, boat owners will not be able make a reservation.

• Must make reservations online at reservemyslip.com.

• Must furnish the following information EVERY TIME:

• DNR Number • Email Address • Boat Owner First Name • Boat Owner Last Name • First Overnight Date – Last Overnight Date • BOAT OWNERS WILL NOTIFY THE FRONT DESK IF THEY HAVE A BREAKDOWN WHILE THEIR BOAT IS IN THE WATER. MANAGEMENT WILL TRY TO ACCOMMODATE SUCH USE OF THE BOAT DOCK WHILE ARRANGEMENTS ARE MADE TO GET THE BOAT MOVED AND/OR REPAIRED.

BY-LAWS

OF

THE DEL WEBB AT LAKE OCONEE HOMEOWNERS

ASSOCIATION, INC.

132087.00362 #5112805

BY-LAWS

OF

THE DEL WEBB AT LAKE OCONEE HOMEOWNERS ASSOCIATION, INC.

ARTICLE I

Name, Principal Office, Definitions and Purpose

1.1 Name. The name of the Association shall be the Del Webb at Lake Oconee Homeowners Association, Inc. ("Association").

1.2 Principal Office. The principal office of the Association shall be located in Greene County, State of Georgia. The Association may have such other offices as the Board may determine or as the affairs of the Association may require.

1.3 Definitions. The words used in these By-Laws shall be given their normal, commonly understood definitions. Capitalized terms shall have the same meaning as set forth in that Declaration of Covenants, Conditions, and Restrictions for Del Webb at Lake Oconee filed in Book 900, Page 218 of the official records of Greene County, Georgia ('Declaration") as may be supplemented and amended from time to time, unless the context indicates otherwise. Declaration and Articles of Incorporation. 1.4 Purpose. The purposes for which the Association is organized are set forth in the

ARTICLE II

Association: Membership, Meetings, Quorum, Voting, Proxies 2.1 Membership. Every Owner shall be a Member of the Association. The provisions pertaining to membership in the Declaration and the Articles of Incorporation are incorporated herein by this reference.

2.2 Place of Meetings. Meetings of the Association shall be held within the Properties or at such other suitable place within Greene County, State of Georgia as may be designated by the Board.

2.3 Annual Meetings. The initial meeting of the Members of the Association ("Initial Meetingồi shall be held within 30 days after the end of the Declarant Control Period. After the Initial Meeting, regular annual meetings shall be set by the Board so as to occur at least 30 days but not more than 120 days before the close of the Association's fiscal year on a date and at a time set by the Board. During the Declarant Control Period informational meetings of the Members shall be held as provided in Section 3.4 of the Declaration.

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addition, it shall be the duty of the President to call a special meeting if so directed by resolution 2.4 Special Meetings. The President may call a special meeting of the Members. In of the Board or upon a petition signed by Voting Members representing at least 10% of the Dwelling Units.

2.5 Notice of Meetings. The Association's Secretary shall cause written notice stating the place, day, and hour of any Association meeting to be delivered by hand delivery or United States mail, postage prepaid, to each Member, or, if permitted by Georgia law, by facsimile, computer, fiber optics, cable, or other similar communication devices, or such other manner which is reasonably calculated, as determined in the discretion of the Board, to provide personal notice to the Members entitled to notice. Such notice shall be delivered not less than 10 nor or the Secretary or the officers or Persons calling the meeting. more than thirty (30) days before the date of such meeting, by or at the direction of the President the purpose or purposes for which the meeting is called shall be stated in the notice. No other In the case of a special meeting or when otherwise required by statute or these By-Laws, business shall be transacted at a special meeting except as stated in the notice.

United States mail addressed to the Member at his or her address as it appears on the If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the Association's records, with postage prepaid. If sent by facsimile, computer, fiber optics, cable, or such other similar communication device, notice shall be deemed to be delivered when transmitted to the Member at his or her address or number as it appears on the Association's not affect the validity of any action taken at such meeting. records. The failure of any Member to receive actual notice of a meeting of the Members shall

2.6 Waiver of Notice. Waiver of notice of a meeting of the Members shall be deemed the equivalent of proper notice. Any Voting Member may, in writing, waive notice of any a Voting Member shall be deemed waiver by such Voting Member of notice of the time, date, meeting of the Voting Members, either before or after such meeting. Attendance at a meeting by and place thereot, unless such Voting Member specifically objects to lack of proper notice at the of notice of all business transacted unless an objection on the basis of lack of proper notice is time the meeting is called to order. Attendance at a special meeting also shall be deemed waiver raised before the business is put to a vote.

2.7 Adjournment of Meetings. If any meeting of the Association cannot be held because meeting may adjourn the meeting to a date not less than five nor more than 30 days from the a quorum is not present, the Voting Members who represent a majority of the votes present at the time the original meeting was called. At the reconvened meeting, if a quorum is present, any business may be transacted which might have been transacted at the meeting originally called. If a time and place for reconvening the meeting is not fixed by those in attendance at the original meeting or if for any reason a new date is fixed for reconvening the meeting after adjournment, the manner prescribed for regular meetings. notice of the time and place for reconvening the meeting shall be given to Voting Members in

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Members, but the voting rights shall be vested exclusively in the Voting Members; provided that 2.8 Attendance at Meetings/Voting. Any Member may be present at any meeting of the during the Declarant Control Period, unless expressly provided in the Declaration or these Byall voting rights shall be vested exclusively in the Declarant and the Voting Members shall have Laws, including, without limitation, as provided in Section 3.5 of these By-Laws, as amended, no voting rights. From and after the end of the Declarant Control Period, each Voting Member shall be entitled to one vote for each Dwelling Unit which the Voting Member represents. Voting for the election of Directors by the Voting Members may be by ballots mailed to the Voting Members. Ballots shall be returned to the Secretary by the date specified on the ballot. The Board shall determine the method of voting, the form of all ballots, the wording of questions thereon and the deadline for return of ballots. The Board may include on ballots any questions on which it seeks an advisory vote. Any other matters may be voted on by mail-in ballot to the extent not prohibited by law. or by proxy. Voting Members may not vote by proxy in any election of any Director. Each 2.9 Proxies. Except as otherwise provided herein, Voting Members may vote in person proxy shall be in writing, dated, signed and filed with the Secretary prior to the meeting for which it is to be effective. Proxies may be delivered to the Secretary by personal delivery, U.S. mail or telecopy to any Board member or the professional management agent, if any. Unless otherwise provided in the proxy, a proxy shall cover all votes which the Voting Member giving such proxy is entitled to cast, and in the event of any conflict between two or more proxies same date, both shall be deemed invalid. No proxy shall be valid beyond the meeting for which purporting to cover the same voting rights, the later dated proxy shall prevail, or if dated as of the the Dwelling Unit which the Voting Member represents. it was given. Every proxy shall be revocable and shall automatically cease upon conveyance of

2.10 Majority. As used in these By-Laws, the term "majority" shall mean those votes, of the total eligible number. Owners, Voting Members, or other group, as the context may indicate, totaling more than 50% presence of the Voting Members (in person or by proxy) representing at least fifteen percent 2.11 Quorum. Except as otherwise provided in these By-Laws or in the Declaration, the (15%) of the total votes in the Association shall constitute a quorum at all meetings of the Association. Association, and the Secretary shall keep the minutes of the meeting and record in a minute book 2.12 Conduct of Meetings. The President shall preside over all meetings of the all resolutions adopted at the meeting, as well as a record of all transactions occurring at the meeting. All meetings shall be conducted in accordance with Roberts Rules of Order, as published from time to time.

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ARTICLE III

Board of Directors: Number, Powers, Meetings

A. Composition and Selection.

3.1 Governing Body: Composition. The affairs of the Association shall be governed by a board of directors (the "Board"), each member of which (a "Director") shall have one equal vote. Except with respect to Directors appointed by the Declarant, each Director shall be an one representative from a Dwelling Unit may serve on the Board at the same time. Owner, a Voting Member or a Resident of a Dwelling Unit; provided, however, no more than than seven, as provided in Section 3.5. The initial Board shall consist of three Directors. 3.2 Number of Directors. The number of Directors shall be not less than three nor more

3.3 Directors During Declarant Control Period. During the Declarant Control Period all of the Directors shall be appointed by the Declarant, as the delegate of the Association. Each of the directors so appointed by the Declarant shall serve at the pleasure of the Declarant. as the delegate of the Association, nominations for election to the Board shall be made in 3.4 Nomination of Directors. Except with respect to directors appointed by the Declarant accordance with policies and procedures established, from time to time, by the Board. Such policies and procedures may include, but are not limited to, requiring a specified number of signatures as a precondition to appearing on the ballot or permitting nominations through a Nominating Committee. prior to any election. Except with respect to "write-in candidates" or nominations made from the The Board shall establish policies and procedures for nominations no later than 90 days floor at any meeting, nominations shall be made no later than 45 days before the election shall be held. as it, in its discretion, shall determine. The Board shall provide for as many nominations on each slate for election to the Board

For any election, the Board may, but shall not be obligated to, appoint a Nominating Committee. If appointed, the Nominating committee shall consist of three or more persons and a Committee shall be Members, Residents, or Voting Members. Chairperson, who shall be a member of the Board. The remaining members of the Nominating

3.5 Election and Term of Office. In an election which shall be held prior to the end of the Declarant Control Period as determined by the Board, the Voting Members shall elect a full Board of seven (7) Directors by ballots as further described in Section 2.8 of these By-Laws. Ballots shall be counted and the term of each Director so elected shall commence upon the end of the Declarant Control Period. The four (4) candidates receiving the greatest number of votes shall each serve a two year term and the three (3) candidates receiving the next greatest number of votes shall each serve a one year term. Thereafter, in any subsequent election of Directors which is conducted by ballots as further described in Section 2.8 of these By-Laws, the election 132087.00362 #5112805

be counted and each Director so elected shall serve a two year term to commence on the date that shall be conducted at least 30 days prior to the next annual meeting of Members, and ballots shall such annual meeting is held. Each Director shall hold office until his term expires or until his all elections for members of the Board, the Voting Member for each Dwelling Unit shall be successor shall have been elected and qualified. Directors may succeed themselves in office. In shall not be permitted). entitled to the number of votes equal to the number of Directors to be elected (cumulative voting

3.6 Removal of Directors/Vacancies.

(a) Any Director, other than a Director appointed by the Declarant, may be removed, shall be given notice prior to any meeting called and noticed for that purpose. Upon removal of with or without cause, by action of the Voting Members. Any Director whose removal is sought a Director, a successor shall be elected by the Voting Members to fill the vacancy for the remainder of the term of such Director at the meeting at which any Director was removed from the Board.

(b) Any Director who has three consecutive unexcused absences from Board meetings, or who is more than 30 days delinquent in the payment of any assessment or other charge due the meeting of the Board at which a quorum is present, and a successor may be appointed by the Association, may be removed by a majority of the Directors present at a regular or special Board to fill the vacancy for the remainder of the term.

declare a vacancy and appoint a successor to fill the vacancy until the next annual meeting, at (c) In the event of the death, disability, or resignation of a Director, the Board may which time the Voting Members may elect a successor for the remainder of the term.

B. Meetings.

shall hold a meeting within thirty (30) days after each annual meeting of the Members. 3.7 Organizational Meetings. Except during the Declarant Control Period, the Board

3.8 Meetings. Regular meetings of the Board may be held at such time and place as the Declarant Control Period. Special meetings of the Board shall be held when requested by the Board shall determine, but at least one such meeting shall be held each quarter, except during the President, Vice President or any two Directors.

be communicated to Directors as provided in this Section. The notice shall specify the time and 3.9 Notice of Meetings. Notice of the time and place of a regular or special meeting shall place of the meeting and, in the case of a special meeting, the nature of any special business to be considered. The notice shall be given to each Director by one of the following methods: (a) personal delivery; (b) first class mail, postage prepaid; (c) telephone communication, either directly to the director or to a person at the director's office or home who would reasonably be expected to communicate such notice promptly to the director; or (d) by facsimile, computer, fiber optics, or any such other communication device. All such notices shall be given at the director's telephone or facsimile, or e-mail number or sent to the director's address as shown on 132087.00362 #5112805

the Association's records. Notices sent by first class mail shall be deposited into a United States mailbox not less than four days before the time set for the meeting. Notices given by personal least 72 hours before the time set for the meeting. delivery, telephone, facsimile, or other device shall be delivered, telephoned, or transmitted at and noticed or wherever held, shall be as valid as though taken at a meeting duly held after 3.10 Waiver of Notice. The transactions of any meeting of the Board, however called regular call and notice if (a) a quorum is present, and (b) either before or after the meeting each of the Directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting also shall be deemed given to any Director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. Directors shall constitute a quorum for the transaction of business, and the votes of a majority of 3.11 Quorum of Board of Directors. At all meetings of the Board, a majority of the the Board, unless otherwise specifically provided in these By-Laws or the Declaration. A the Directors present at a meeting at which a quorum is present shall constitute the decision of meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. If any meeting of the Board cannot be held because a quorum is not present, a majority of the Directors present at such meeting may adjourn the meeting to a time not more than thirty (30) days from the date of the original meeting. At the reconvened meeting, called may be transacted without further notice. if a quorum is present, any business which might have been transacted at the meeting originally for acting as such; provided however, any Director may be reimbursed for expenses incurred on 3.12 Compensation. No Director shall receive any compensation from the Association behalf of the Association upon approval of a majority of the other Directors. Nothing herein is affiliated, for services or supplies furnished to the Association in a capacity other than as a shall prohibit the Association from compensating a Director, or any entity with which a Director interest was made known to the Board prior to entering into such contract and such contract was Director pursuant to a contract or agreement with the Association, provided that such Director's approved by a majority of the Board, excluding the interested Director.

3.13 Conduct of Meetings. The President shall preside over all meetings of the Board, and the Secretary shall keep a minute book of meetings of the Board, recording all resolutions adopted by the Board and all transactions and proceedings occurring at such meetings. All to time. meetings shall be conducted in accordance with Roberts Rules of Order, as published from time

3.14 Attendance at Meetings by Members: Members may attend meetings of the Board Control Period the Board shall be required to hold informational meetings from time to time, but only if, and to the extent, permitted by the Board in its discretion. Also, after the Declarant not less frequently than once each year, to which all Members shall be invited and at which the Board shall report to the Members on what the Board has worked on and accomplished since the preceding meeting and shall open the meeting for questions and comments from Members. 132087.00362 #5112805 6

3.15 Action Without a Formal Mecting. Any action to be taken at a meeting of the Directors or any action that may be taken at a meeting of the Directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the consent or consents shall be filed with the minutes of the proceedings of the Board. Directors, and such consent shall have the same force and effect as a unanimous vote. Written any regular or special meeting of the Board by telephone conference call or similar 3.16 Telephonic Participation. One or more Directors may participate in and vote during communication equipment by means of which all Persons participating in the meeting can hear each other at the same time, and those Directors so participating shall be present at such meeting. Any such meeting at which a quorum participates shall constitute a meeting of the Board.

C. Powers and Duties.

3.17 Powers. The Board shall have all of the powers and duties necessary and appropriate for the administration of the Association's affairs and for performing all responsibilities and exercising all rights of the Association as set forth in the Declaration, these By-Laws, the Articles, and as provided by law. The Board may do or cause to be done all acts and things as are not by the Declaration, Articles, these By-Laws, or Georgia law directed to be done and exercised exclusively by the Voting Members or the membership generally.

3.18 Duties. The duties of the Board shall include, without limitation:

(a) preparation and adoption of annual budgets and establishing each Owner's share of the Common Expenses, Limited Common Area Expenses and Neighborhood Expenses, if any;

(b) levying and collecting assessments from the Owners to fund the Common Expenses, Limited Common Area Expenses and Neighborhood Expenses, if any;

(c) levying and collecting Assessments;

and other areas of common responsibility; (d) providing for the operation, care, upkeep, and maintenance of the recreational Association; (e) providing for the recreation and social activities for the members of the

(f) designating, hiring, and dismissing the personnel necessary to carry out the rights and responsibilities of the Association and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel in the performance of their duties;

(g) depositing all funds received on behalf of the Association in a bank depository which the Board shall approve and using such funds to operate the 132087.00362 #5112805

judgment, in depositories other than banks; Association; provided, any reserve fund may be deposited, in the Directors' best business establishing penalties for infractions thereof; (h) making and amending rules and regulations, including use restrictions, and signatories required; (i) opening of bank accounts on behalf of the Association and designating the

(i) making or contracting for the making of repairs, additions, and improvements the Declaration and these By-Laws; to or alterations of the Common Area, and Neighborhood Facilities in accordance with

(k) subject to limitations provided for in the Declaration, enforcing by legal means the provisions of the Declaration, these By-Laws, and the rules adopted by the Owners concerning the Association; Board and bringing any proceedings which may be instituted on behalf of or against the

(I) obtaining and carrying property, liability and commercial crime insurance, as provided in the Declaration, paying the cost thereof, and filing and adjusting claims, as appropriate; Common Area or Neighborhood Facilities or a portion thereof; (m) paying all taxes and/or assessments which are or could become a lien on the not chargeable directly to specific Owners; (n) paying the cost of all services rendered to the Association or its Members and Association; (o) keeping books with detailed accounts of the receipts and expenditures of the

(p) making available (at a reasonable cost) to any prospective purchaser of a Dwelling Unit, any Owner, and the holders, insurers, and guarantors of any Mortgage on annual financial statements of the Association; any Dwelling Unit, current copies of the Declaration, the Articles, the By-Laws, rules and.

(q) permitting utility suppliers to use portions of the Common Area and Neighborhood Facilities reasonably necessary to the ongoing development or operation of the Properties; officer or committee member of the Association to the extent such indemnity is required (r) indemnifying a Director, officer or committee member, or former Director, by Georgia law, the Articles, and these By-Laws; and

litigation, as set forth in the Declaration. (s) assisting in the resolution of disputes between owners and others without 132087.00362 #5112805

3.19 Right of the Declarant to Disapprove Actions. During the Development Period, the Declarant shall have a right to disapprove any action, policy or program of the Association, the Board and any committee which, in the judgment of the Declarant, would tend to impair rights of the Declarant or its designees under the Declaration or these By-Laws, or interfere with development, construction or marketing of any portion of the Properties, or diminish the level of services being provided by the Association. This right to disapprove is in addition to, and not in lieu of, any right to approve or disapprove specific actions of the Association, the Board or any Development Period, the following shall apply: committee as may be granted to the Declarant in the Declaration or these By-Laws. During the

(a) The Declarant shall be given written notice of all meetings of the Association, the Board or any committee thereof, and of all proposed actions of the Association, the Board or any committee thereof to be approved at such meetings or by written consent in lieu of a meeting. Such notice shall be given by certified mail, return receipt requested, by personal delivery at the address the Declarant has registered with the Secretary of the Association, as it may change from time to time, or by confirmed facsimile transmission at the facsimile number the Declarant has registered with the Secretary of the Association, as it may change from time to time, which notice complies with the requirements for Board meetings set forth in these By-Laws and which notice shall, except in the case of the regular mectings held pursuant to the By-Laws, set forth in reasonable particularity the agenda to be followed at said meeting.

or to have its representatives or agents join in discussion from the floor of any (b) The Declarant shall be given the opportunity at each such meeting to join in prospective action, policy, or program which would be subject to the right of disapproval set forth herein. The Declarant, its representatives or agents may make its concerns, committee. thoughts, and suggestions known to the Board and/or the members of the subject

(c) No action, policy or program subject to the right of disapproval set forth herein shall become effective or be implemented until and unless the requirements of subsections (a) and (b) above have been met and the time period set forth in subsection (d) below has expired.

(d) The Declarant, acting through any officer or Director, agent or authorized representative, may exercise its right to disapprove at any time within 10 days following the meeting at which such action was proposed or, in the case of any action taken by written consent in lieu of a meeting, at any time within 10 days following receipt of written notice of the proposed action. This right to disapprove may be used to block proposed actions, but shall not extend to the requiring of any action or counteraction on behalf of any committee, the Board, or the Association unless such action or counteraction countermands an action, policy or program that was not properly noticed and implemented in accordance with these By-Laws. The Declarant shall not use its right to disapprove to reduce the level of services which the Association is obligated to provide

132087.00362 #5112805

or to prevent capital repairs or any expenditure required to comply with applicable laws and regulations. 3.20 Management. The Association does not have any compensated employees. The Board may, but shall not be required to contract with a professional management company at an amount established by the Board to perform such duties and services as the Board shall authorize for the Association; provided, however, that during the Development Period the management agent may not be terminated by the Board without the prior written consent of the Declarant. The Declarant, or an affiliate of the Declarant, may be employed as the management company. The Board may delegate to such management company such powers as are necessary to perform its assigned duties, but shall not delegate policy making authority. The Board may delegate to one of its members the authority to act on behalf of the Board on all matters relating to the duties of the management company, if any, which might arise between meetings of the Board. be followed unless the Board by resolution specifically determines otherwise: 3.21 Accounts and Reports. The following management standards of performance shall

(a) accrual accounting, as defined by generally accepted accounting principles, basis of accounting as provided in the Declaration; shall be employed; provided however, that any "shortage" shall be calculated on a cash principles; (b) accounting and controls should conform to generally accepted accounting accounts; (c) cash accounts of the Association shall not be commingled with any other

(d) no remuneration shall be accepted by the managing agent from vendors, independent contractors, or others providing goods or services to the Association, any thing of value received shall benefit the Association; whether in the form of commissions, finder's fees, service fees, prizes, gifts, or otherwise;

(e) any financial or other interest which the managing agent may have in any firm providing goods or services to the Association shall be disclosed promptly to the Board; the Board and copies made available to all Members of the Association at the expense of (f) the following financial and related information shall be regularly prepared by the Association:

(i) The Board shall cause a reserve budget and an expense budget (collectively referred to as the "Budget") for the Association (which shall include the budget for each of the Neighborhoods, if any, and all Common Areas and Limited Common Areas, to be prepared for each fiscal year of the Association. the Budget is available at the business office of the Association or at another The Board shall post written notice in a prominent place within the Properties that 132087.00362 #5112805

suitable location within the Properties. If any Member requests a copy of the Budget, the Association shall provide one copy to the Member without charge by first-class United States mail and deliver such copy within 7 days of such request.

(ii) The Board shall cause an annual financial statement or annual audit report ("Financial Statement") to be prepared in accordance with generally accepted accounting principles within 120 days after close of the Association's fiscal year. The Board shall post written notice in a prominent place within the Properties that the Financial Statement is available at the business office of the Association or at another suitable location within the Properties. If any Member requests a copy of the Financial Statement, the Association shall provide one copy to the Member without charge by first-class United States mail and deliver such copy within 7 days of such request. The Financial Statement shall consist of:

(A) a balance sheet as of the end of the fiscal year; (B) an income and expense statement for the fiscal year (this statement shall include a schedule of assessments received and receivables identified by the numbers of the Dwelling Units and the names of the Owners assessed); and

(C) a statement of changes in financial position for the fiscal year. Such Financial Statement shall be prepared on an audited, reviewed, or compiled basis, as the Board determines, by an independent public accountant.

(iii) The Board shall do the following at least quarterly:

accounts to be made and review the same; (A) cause a current reconciliation of the Association's operating accounts to be made and review the same; (B) cause a current reconciliation of the Association's reserve compared to the current ycar's Budget; (C) review the current year's actual reserve revenues and expenses financial institution where the Association has its operating and reserve (D) review the most current account statements prepared by the accounts;

(E) review an income and expense statement for the Association's operating and reserve accounts; and

(F) review the delinquency report listing all Owners who are delinquent in paying any assessments at the time of the report and 132087.00362 #5112805

remain delinquent. describing the status of any action to collect such assessments which 3.22 Borrowing. The Association, acting through its Board, shall have the power to borrow money for any legal purpose; provided, the Board shall obtain the approval by vote or written consent of Voting Members representing at least a majority of the total votes if the proposed borrowing is for the purpose of making discretionary capital improvements or purchasing additional capital assets and the total amount of such borrowing, together with all other debt incurred within the previous 12-month period, exceeds or would exceed 10% of the budgeted gross Common Expenses of the Association for that fiscal year. No mortgage lien shall be placed on any portion of the Common Area or a Neighborhood Facility without the total votes of Dwelling Units entitled to use such portion. affirmative vote or written consent of Voting Members representing at least a majority of the

3.23 Rights of the Association. The Association shall have the right to contract with any Person for the performance of various duties and functions. This right shall include, without limitation, the right to enter into common management, operational, or other agreements with trusts, condominium associations, cooperative associations, non-condominium homeowners associations and other owners or residents associations, both within and outside the Properties.

3.24 Enforcement.

or, if so directed by the Board, the covenants committee, if any is established by the Board (a) Notice. Prior to imposition of any sanction as provided in the Declaration, the Board pursuant to Article V, or the management agent shall serve the alleged violator with written (iii) a statement that the alleged violator may present a written request for a hearing to the Board notice including (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, or the covenants committee, if any, within 15 days of the notice; and a statement that the proposed sanction shall be imposed as contained in the notice unless a request for a hearing is request for a hearing is not received by the Board or the covenants committee, if any, the received by the Board or the covenants committee, if any, within such time period. If a timely sanction stated in the notice shall be imposed; provided the Board or the covenants committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured or if a cure is diligently commenced within the 15 day period. Such suspension shall not constitute a Person. waiver of the right to sanction future violations of the same or other provisions and rules by any

(b) Hearing. If a hearing is requested within the allotted 15 day period, the hearing shall be held before the covenants committee, if any, or if none, before the Board in executive session. The alleged violator shall be afforded a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, Director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator results of the hearing and the sanction, if any, imposed. appears at the meeting. The minutes of the meeting shall contain a written statement of the 132087.00362 #5112805

right to appeal the decision to the Board. To perfect this right, a written notice of appeal must be (c) Appeal. If a hearing is held before a covenants committee, the violator shall have the after the hearing date. received by the management agent, President, or Secretary of the Association within 15 days shall attend a Board training seminar within the first six months he or she serves as a Director. 3.25 Board Training. Each Director, other than Directors appointed by the Declarant, Such seminar shall educate the Directors about their responsibilities and duties and may be live, video or audio tape, or other format. The Board shall offer the seminar at a time reasonably convenient for the subject Director. In conjunction with this requirement, prior to serving as a Governing Documents. Director, each board member shall certify in writing that he or she has read and understands the as fiduciaries and are subject to insulation from liability provided for Directors and officers of 3.26 Board Standards. In the performance of their duties, Directors and officers shall act corporations by Georgia laws and as otherwise provided in the Governing Documents. rules so long as the Director: (a) acts within the express or implied terms of the Governing As defined herein, a Director shall be acting in accordance with the business judgment decisions which are necessary for the continued and successful operation of the Association and, Documents and his or her actions are not ultra vires; (b) affirmatively undertakes to make when decisions are made, they are made on an informed basis; (c) acts on a disinterested basis, promptly disclosed any real or potential conflict of interests (pecuniary or other), and avoids participation in such decisions and actions; and (d) acts in a non-fraudulent manner and without reckless indifference to the affairs of the Association. A Director acting in accordance with the business judgment rule shall be protected from personal liability. provisions shall be upheld and enforced so long as such determinations are reasonable. The Board determinations of the meaning, scope, and application of Governing Document procedures established in the Governing Documents. Board shall exercise its power in a fair and non-discriminatory manner and shall adhere to the

ARTICLE IV

Officers

4.1 Officers. The officers of the Association shall be a President, Vice President, from among the members of the Board; other officers may, but need not be members of the Secretary, and Treasurer. The President, Vice President, Secretary and Treasurer shall be elected Board. The Board may appoint such other officers, including one or more Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the by the same person, except the offices of President, Secretary and Treasurer. authority and perform the duties prescribed by the Board. Any two or more offices may be held annually by the Board at the first meeting of the Board following the election of Board members. 4.2 Election and Term of Office. The officers of the Association shall be elected 132087.00362 #5112805

judgment the best interests of the Association will be served thereby. A vacancy in any office 4.3 Removal and Vacancies. Any officer may be removed by the Board whenever in its arising because of death, resignation, removal, or otherwise may be filled by the Board for the unexpired portion of the term.

4.4 Powers and Duties. The officers of the Association shall each have such powers and duties as generally pertain to their respective offices, as well as such powers and duties as may specifically be conferred or imposed by the Board. The President shall be the chief executive officer of the Association. The Vice President shall act in the President's absence and shall have all powers, duties and responsibilities provided for the President when so acting. The Secretary (or the managing agent) shall keep the minutes of all meetings of the Association and the Board and shall have charge of such books and papers as the Board may direct. In the Secretary's absence, any officer directed by the Board shall perform all duties incident to the office of secretary. The Treasurer shall have primary responsibility for the preparation of the budget as duties to a finance committee, management agent, or both. provided for in the Declaration and may delegate all or part of the preparation and notification Board, the President, or the Secretary. Such resignation shall take effect on the date of the 4.5 Resignation. Any officer may resign at any time by giving written notice to the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. deeds, leases, checks, and other instruments of the Association shall be executed by at least two 4.6 Agreements, Contracts, Deeds, Leases, Checks, Etc. All agreements, contracts, officers or by such other person or persons as may be designated by resolution of the Board. compensation of Directors under Section 3.12 hereof. 4.7 Compensation. Compensation of officers shall be subject to the same limitations as

ARTICLE V

Committees Designated by the Board

perform such tasks and functions as the Board may designate by resolution. Committee 5.1 General. The Board may establish such committees and as it deems appropriate to members serve at the Board's discretion for such periods as the Board may designate by resolution; provided, however, any committee member, including the committee chair, may be removed by the vote of a majority of the Directors. Each committee shall operate in accordance with the terms of the resolution establishing such committee. establish pursuant to Section 5.1, the Board may appoint a covenants committee consisting of at 5.2 Covenants Committee. In addition to any other committees which the Board may least three and no more than seven members. Acting in accordance with the provisions of the Declaration, these By-Laws, and resolutions the Board may adopt, the covenants committee, if established, shall be the hearing tribunal of the Association and shall conduct all hearings held pursuant to Section 3.24 of these By-Laws. The Board may also appoint a subcommittee 132087.00362 #5112805

6.5 Notices. Unless otherwise provided in these By-Laws, all notices, demands, bills, statements, or other communications under these By-Laws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States mail, first class postage prepaid:

(a) if to a Member or Voting Member, at the address which the Member or Voting Member has designated in writing and filed with the Secretary or, if no such address has been designated, at the address of the Dwelling Unit of such Member or Voting Member; or

(b) if to the Association, the Board, or the managing agent, at the principal office of the Association or the managing agent, if any, or at such other address as shall be designated by notice in writing to the Members pursuant to this Section.

6.6 Indemnification. Each person who is or was a director or officer of the Association shall be indemnified by the Association against those expenses (including attorneys' fees) judgments, fines and amounts paid in settlement which are allowed to be paid or reimbursed by the Association under the laws of the State of Georgia and which are actually and reasonably incurred in connection with any action, suit, or proceeding, pending or threatened, whether civil, criminal, administrative or investigative, in which such person may be involved by reason of his being or having been a director of officer of the Association. Such indemnification shall be made only in accordance with the laws of the State of Georgia and subject to the conditions prescribed therein.

In any instance where the laws of the State of Georgia permit indemnification to be provided to persons who are or have been an officer or director of the Association only on a determination that certain specified standards of conduct have been met, upon application for indemnification by any such person the Association shall promptly cause such determination to be made (1) by the Board of Directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding; (ii) if a quorum cannot be obtained by majority vote of a committee duly designated by the Board of Directors (in which designation directors who are parties may participate), consisting solely of two or more directors not at the time parties to the proceeding; (iii) by special legal counsel selected by the Board of Directors or its committee in the manner prescribed in (i) or (ii), or if a quorum of the Board of Directors cannot be obtained under (i), and a committee cannot be designated under (ii), selected by majority vote of the full Board of Directors (in which selection directors who are parties may participate); or (iv) by the members, but members who are also directors who are at the time parties to the proceeding may not vote on the determination.

As a condition to any such right of indemnification, the Association may require that it be permitted to participate in the defense of any such action or proceeding through legal counsel designated by the Association and at the expense of the Association.

The Association may purchase and maintain insurance on behalf of any such persons whether or not the Association would have the power to indemnify such officers and directors against any liability under the laws of the State of Georgia. If any expenses or other amounts are 132087.00362 #5112805

paid by way of indemnification, other than by court order, action by the members or by an insurance carrier, the Association shall provide notice of such payment to the members in accordance with the provisions of the laws of the State of Georgia.

6.7 Amendment.

amend these By-Laws. After termination of the Declarant Control Period but during the (a) By Declarant. During the Declarant Control Period, Declarant may unilaterally Development Period, Declarant may unilaterally amend these By-Laws in the same manner that in accordance with Section 6.7(b). it may amend the Declaration under Section 17.2. Thereafter, these By-Laws may be amended

(b) By Board. Except as provided above, these By-Laws may be amended only by resolution duly adopted by the Board and, during the Development Period, consented to, in writing, by the Declarant. shall not be less than the prescribed percentage of affirmative votes required for action to be Notwithstanding the above, the percentage of votes necessary to amend a specific clause taken under that clause.

(c) Validity and Effective Date of Amendments. Amendments to these By-Laws shall become effective when adopted unless otherwise provided in the amendment. Any procedural challenge to an amendment must be made within six months of its adoption or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of these By-Laws.

If an Owner consents to any amendment to these By-Laws, it will be conclusively presumed that such Owner has the authority to do so, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.

During the Development Period, no amendment may remove, revoke, or modify any power, right or privilege of Declarant without the written consent of Declarant or the assignee of any such power, right or privilege.

132087.00362 #5112805

CERTIFICATION

I, the undersigned, do hereby certify:

That I am the duly elected and acting Secretary of the Association;

That the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a meeting of the Board thereof held on the _ day of _→ 2008. said Association this IN WITNESS WHERage, I have hereunto subscribed my name and affixed the seal of

[SEAL] Secretary

132087.00362 #5112805

DOC$ 006280

FILED IN OFFICE

12/05/2007 02:05 PM BK: 908 PG:197-221 DEBORAH C JACKSON CLERK OF SUPERIDR CDURT

GREENE COUNTY

VILLAS MAINTENANCE DECLARATION

FOR

DEL WEBB AT LAKE OCONEE

GREENE COUNTY, GEORGIA

BK: 908

VILLAS MAINTENANCE DECLARATION

FOR

DEL WEBB AT LAKE OCONEE

GREENE COUNTY, GEORGIA

ARTICLE I. DEFINITIONS..

ARTICLE II. LOTS....

SECTION 2.1. LOTS HEREBY SUBJECTED TO THIS DECLARATION..

SECTION 2.2. ADDITIONAL LOTS HEREAFTER SUBJECTED TO THIS DECLARATION.

SECTION 2.3. NO EFFECT ON BALANCE OF VILLAS PROPERTY..

SECTION 2.4. LOT BOUNDARIES.......

SECTION 2.5. ALL LOTS BEAR THE BURDENS AND ENJOY THE BENEFITS OF THIS DECLARATION

SECTION 2.6. EASEMENTS OVER THE LOTS

ARTICLE III. THE ASSOCIATION

SECTION 3.1. FUNCTION OF ASSOCIATION

SECTION 3.2. MEMBERSHIP

SECTION 3.3. VOTING.

SECTION 3.4. MEETINGS OF THE MEMBERSHIP ...

SECTION 3.5. ASSOCIATION ACTS THROUGH ITS BOARD OF DIRECTORS.

ARTICLE IV. ASSESSMENTS.

SECTION 4.1. ASSESSMENTS; LIEN THEREFOR

SECTION 4.2. PERSONAL OBLIGATION OF MEMBERS

SECTION 4.3. PURPOSES OF ASSESSMENTS

SECTION 4.4. DETERMINATION OF ANNUAL ASSESSMENT AND SHARES THEREOF

SECTION 4.5. SPECIAL ASSESSMENTS ..

SECTION 4.6. INITIATION ASSESSMENTS.

SECTION 4.7. LOTS OWNED BY DECLARANT

SECTION 4.8. EFFECT OF NON-PAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION.

ARTICLE V. DAMAGE OR DESTRUCTION.. - 9 ARTICLE VI. MAINTENANCE OF VILLAS .... - 9 SECTION 6.1. MAINTENANCE OBLIGATIONS OF THE ASSOCIATION .. 9 SECTION 6.2. DETERMINATION OF REPAIR NEEDS .. . 10 SECTION 6.3. REPAIRS CAUSED BY OWNERS . 10 ARTICLE VII. INSURANCE.. 11 SECTION 7.1. INSURANCE REQUIREMENTS

SECTION 7.2. POLICY REQUIREMENTS ..

SECTION 7.3 LOT OWNER'S POLICIES.

SECTION 7.4. PROCEEDS ON ACCOUNT OF DAMAGE TO VILLAS..

ARTICLE VIII. AMENDMENT... • 12 ARTICLE IX. MISCELLANEOUS.. . 13 SECTION 9.1. FAILURE OF ENFORCEMENT

SECTION 9.2 WAIVERS..

SECTION 9.3. DURATION .14

:ODMAIPCDOCS\ATL\1219505\4

BK :908 PG:199

SECTION 9.4. NOTICES ... ... 14 SECTION 9.5. SEVERABILITY ..... .. 14 SECTION 9.6. ENFORCEMENT....... .... 14 SECTION 9.7. SUCCESSORS TO DECLARANT...

::ODMA\PCDOCSIATLM21950514 ii

BK: 908 PG: 200

VILLAS MAINTENANCE DECLARATION

FOR

DEL WEBB AT LAKE OCONEE

THIS VILLAS MAINTENANCE DECLARATION (the Declaration) is made on this..2 O day of November, in the year Two Thousand Seven by PULTE HOME CORPORATION, a Michigan corporation (hereinafter referred to as the "Declarant").

WITNESSETH:

WHEREAS, the Declarant owns all of that certain real property located in Greene County, Georgia, which real property is more particularly described on Exhibit "A*, hereto attached and made a part hereof (the "Villas Property"); and

WHEREAS, the Declarant intends to develop the Villas Property for residential purposes and to subject the same to the Del Webb Declaration as "Lots"; and

WHEREAS, the Declarant desires that the "Dwelling Units" (as that term is defined in the Del Webb Declaration) to be constructed on the Lots to be developed on the Villas Property be provided with certain services in addition to the services that will be provided by the Del Webb Association; and

WHEREAS, it is desirable to create an association to provide such additional services, and to collect, hold and disburse the charges and assessments provided for in this Declaration to pay for the same; and

WHEREAS, it is intended that every owner of any of the Lots automatically, and by reason of such ownership and this Declaration, become a member of the aforesaid association and be subject to its valid rules and regulations and the assessments and charges made by such association;

NOW, THEREFORE, the Declarant does hereby submit the "Lots" to the provisions of this Declaration.

ARTICLE I.

DEFINITIONS

As used in this Declaration (including in the preambles to the same), the following terms shall have the meanings ascribed to them in this Article I, such definitions being cumulative of those set forth elsewhere in this Declaration.

"Annual Assessment" shall have the meaning specified in Section 4.4 of Article IV hereof, and shall constitute the assessments which, pursuant to the provisions of Article IV hereof, shall be levied by the Association against the Lots cach year for the purpose of raising the

BK :908 PG:201

funds necessary to pay the "Annual Expenses" (as that term is defined in Section 4.3 of Article IV hereot).

"Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be amended from time to time.

"Association" shall mean the Del Webb at Lake Oconee Villas Association, Inc., a Georgia non-profit membership corporation.

"Board of Directors" shall mean the Board of Directors of the Association.

"Bylaws" shall mean the Bylaws of the Association, as the same may be amended from time to time.

"Declarant" shall mean Pulte Home Corporation, a Michigan corporation, and shall include any successor or assign of Pulte Home Corporation (other than a person acquiring fewer than five (5) Lots) who shall acquire the entire interest in the Villas Property which was owned by the immediate predecessor-in-title of such successor or assign and who shall stand in the same relation to the Villas Property as his immediate predecessor-in-title.

"Declarant Control Period" shall mean the period of time commencing on the date on which this Declaration is filed for record in the Office of the Clerk of the Superior Court of Greene County, Georgia and ending on the date of the last of the following to occur:

the date on which (i) every Lot shall have been improved by the construction thereon of a Villa for which a certificate of occupancy shall have been issued by the applicable governmental authority and (ii) no portion of the Villas Property shall be owned by the Declarant;

(b) the tenth (10iẠạồi anniversary of the date of this Declaration; or

the date on which the Declarant shall elect by executing and recording in the Ded Record of the county. the Deed Records of Greene County, Georgia a statement that the Declarant Control Period is

"Declaration" shall mean this Villas Maintenance Declaration for Del Webb at Lake Oconee, as the same may be hereafter amended in accordance with the terms and provisions of Article VIII hereof.

"Del Webb Association" shall mean The Del Webb at Lake Oconee Homeowners Association, Inc., a Georgia non-profit corporation.

"Del Webb Declaration" shall mean that certain Declaration of Covenants, Conditions and Restrictions for Del Webb at Lake Oconee, made by Pulte Home Corporation, recorded in Deed Book 900, Page 218, Greene County, Georgia Records, as the same shall be amended from time to time.

8K :908 PG:202

"Driveway" shall mean the driveway that was annexed to the original construction of each Villa.

"First Mortgage" shall mean a Mortgage conveying a first priority lien upon or security title to any Lots.

"Lot" shall mean a "Lot", within the meaning of the Del Webb Declaration, that shall be developed on the Villas Property and be made subject to both the Del Webb Declaration in the manner therein provided and to this Declaration pursuant to Article II hereof.

"Mortgage" shall mean a mortgage, deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to the property.

"Patio" shall mean the poured-concrete patio that was laid down and installed as part of the original construction of such Villa. In the event that a roof shall be constructed over any Patio, the portion of the Patio covered by such roof shall no longer be deemed to be part of the Patio for purposes of this Declaration.

"Person" shall mean a natural person, corporation, trust, partnership or any other legal entity.

"Porch" shall mean the front porch that was constructed as part of the original construction of each Villa.

"Villas" shall mean a "Dwelling Unit", within the meaning of the Del Webb Declaration; that is constructed on a Lot.

"Villas Property" shall mean all of that property which is described on Exhibit "A" to this Declaration.

All pronouns used in this Declaration are intended to be gender neutral, and the use of the masculine gender shall be deemed to include the feminine and neuter genders.

ARTICLE II.

LOTS

Section 2.1. Lots Hereby Subjected to this Declaration. The Declarant, for itself, its successors and assigns, does hereby covenant that the property described on "Exhibit B" hereto attached and made a part hereof, be, and the same hereby is, subjected to this Declaration.

The Declarant, for itself, its successors and assigns, hereby further covenants that the above-described property shall hereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to the Lots, including, but not limited to, the lien provisions set forth in Article IV hereof. All of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this

BK :908 PG:203

Declaration as applicable to the Lots shall be a permanent charge thereon, and shall run with the Lots.

Section 2.2. Additional Lots Hereafter Subjected to this Declaration. The Declarant may, at any time, and from time to time, up until twenty (20) years after the date hereof, subject additional portions of the Villas Property to the terms, provisions, liens, charges, easements, covenants and restrictions of this Declaration applicable to Lots by executing and recording in the Deed Records of Greene County, Georgia, a supplemental declaration to this Declaration describing such additional Lots and stating that this Declaration is thereby extended to, and shall thereafter apply to, such additional Lots.

From and after the subjecting of such additional Lots to this Declaration, such additional Lots shall thereafter be held, transferred, sold, conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms, provisions, liens, charges, easements, covenants and restrictions of this Declaration applicable to Lots, including, without limitation, all lien and assessment provisions set forth in this Declaration; from and after the subjecting of such additional Lots to this Declaration, all of the terms, provisions, liens, charges, easements, covenants and restrictions set forth in this Declaration as applicable to Lots shall be a permanent charge thereon, and shall run with, such additional Lots.

No approval from any member of the Association, or from anyone else whomsoever, shall be required for the Declarant to subject any portion of the Villas Property to this Declaration as additional Lots.

Section 2.3. No Effect on Balance of Villas Property. Notwithstanding anything contained in this Declaration which may be constructed to the contrary, this Declaration does not create any charge, lien, encumbrance, restriction, or limitation on any portion of the Villas Property other than the Lots described in Section 2.1 of this Article II, unless and until any additional portion of the Villas Property is subjected to this Declaration in the manner set forth in Section 2.2 of this Article II, and then, only from that time forward.

Section 2.4. Lot Boundaries. Notwithstanding the depiction of the boundaries of any Villa on the applicable Plat the boundaries of each Villa shall be as follows: The side boundary of each Villa shall be a line consistent with and along the center of all firewalls separating a Villa from another Villa. The front and rear boundary, and the side boundary of each Villa which does not separate a Villa from another Villa, shall be a line consistent with and along the outer, exterior surface of the outside wall of such Villa. In the event of any discrepancy between the boundaries of a Villa, as described in this Section 2.4, and the boundaries of such Villa shown on the applicable Plat, the description of the boundaries of the Villa set forth in this Section 2.4 shall control. All of the area within the boundaries of each of the Villas, as herein described, and as shown and depicted on the applicable Plat, shall for all purposes constitute real property which may be owned in fee simple, subject to the terms, provisions, liens, charges, covenants, easements and restrictions of this Declaration.

Section 2.5. All Lots Bear the Burdens and Enjoy the Benefits of this Declaration. Every person who is a record owner of a fee or undivided fee interest in any Lot does, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by

BK :908 PG:204

taking record title to such Lot, agree to all of the terms and provisions of this Declaration. Each of the Lots is subject to all the burdens, and enjoys all the benefits, made applicable hereunder.

Section 2.6. Easements Over the Lots. Each Lot shall be subject to an easement for the entry by the authorized agents and representatives of the Association to go in and upon such Lot in order to carry out all of the duties and obligations of the Association under this Declaration.

ARTICLE III.

THE ASSOCIATION

Section 3.1. Function of Association. The Association shall be responsible for the obtaining and maintenance and repair of the exteriors of the Villas and the administration of all policies of insurance required to be maintained by the Association under the provisions of this Declaration.

Section 3.2. Membership. The owner of every Lot shall be a Member of the Association. There shall be only one membership per Lot. If a Lot is owned by more than one person, all co-owners shall share the privileges of the membership, subject to reasonable Board regulation and the voting restrictions described in Section 3.3, paragraph (c) hereof and in the By-Laws. Co-owners are jointly and severally obligated to perform the responsibilities of an owner. The membership rights of an owner which is not an individual may be exercised by any officer, director, partner, or trustee, or by an individual the owner designates from time to time in a written instrument provided to the Association's secretary.

Section 3.3. Voting.

(a) Voting Matters. The following are the only matters subject to member vote during the Declarant Control Period:

(i) Any amendment to this Declaration; and

(ii) Any proposal to dissolve the Association.

Members. When entitled to vote, Members shall have one equal vote for each Lot in which they hold the interest required for membership under Section 3.2, except that there shall be only one vote per Lot. The right to vote for a Lot commences at such time as the Lot is made subject to the Declaration.

Exercise of Voting Rights. The Lot owner shall exercise the vote for a Lot. If there is more than one owner of a Lot, the vote for such Lot shall be exercised as the coowners determine among themselves and advise the Association's secretary, or its designee, in writing prior to the vote being taken. Absent such advice, and in the event that more than one such co-owner casts a vote, the Lot's vote shall be suspended and excluded from the final vote tally on the matter on which a vote is being taken.

Declarant Control Period. During the Declarant Control Period, all of the voting rights of the Lot owners at any meeting of the members or otherwise exercised or cast as

BK: 908 PG:205 by law allowed shall be vested exclusively in the Declarant, and the Lot owners other than the Declarant shall have no voting rights. Without limiting the generality of the foregoing, during the Declarant Control Period the Declarant shall appoint all of the directors and officers of the Association.

Section 3.4. Meetings of the Membership. All matters concerning the meetings of members of the Association, including the time at which and the manner in which notice of any said meeting shall be given to members, the quorum required for the transaction of business at any meeting, and the vote required on any matter, shall be as specified in this Declaration, or in the Articles of Incorporation or the Bylaws, or by law.

Section 3.5. Association Acts Through Its Board of Directors. Whenever approval of, or action or inaction by, the Association is referred to or called for in this Declaration, such action, inaction or approval shall be by the Board of Directors of the Association, unless it is specifically stated in this Declaration, the Articles of Incorporation or the Bylaws with respect to such action, inaction or approval that the members of the Association must vote. No member of the Board of Directors of the Association or any officer of the Association shall be personally liable to any owner of any Lot for any mistake of judgment or for any other act or omission of any nature whatsoever, except for any acts or omissions found by a court of competent jurisdiction to constitute gross negligence or fraud.

ARTICLE IV.

ASSESSMENTS

Section 4.1. Assessments; Lien Therefor. Each person who shall own any Lot, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by taking record title thereto, shall be deemed to covenant and agree to pay to the Association all assessments and charges which are levied by the Association against the Lots) owned by such person in accordance with the terms and provisions of this Declaration.

All sums lawfully assessed by the Association against any Lot and the owner thereof, shall, from the time the sums became due and payable, be the personal obligation of the owner of such Lot and constitute a lien in favor of the Association on such Lot prior and superior to all other liens whatsoever, except:

(a) liens for ad valorem taxes on the Lot;

(b) the lien of any First Mortgage or the lien of any other Mortgage recorded in the Deed Records of Greene County, Georgia prior to the recording of this Declaration; or the lien of any secondary purchase money Mortgage covering the Lot, provided that neither the grantee nor any successor grantee on the Mortgage is the seller of the

Section 4.2. Personal Obligation of Members. Each member of the Association (other than the Declarant), by acceptance of a deed or other conveyance to the Lots) owned by such member, irrespective of whether it shall be so expressed in any such deed or other conveyance,

BK :908 PG:206

and by acceptance of ownership of such Lots), and by taking record title to such Lots), shall be deemed to covenant and agree to pay to the Association:

(a) His share of the Annual Assessments which shall be levied by the Association in accordance with Section 4.4 hereof; and

When properly authorized in accordance with Section 4.5 hercof, special time to time as hereinafter provided. assessments, such annual and special assessments to be fixed, established and collected from

All such assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be the personal obligation of the person who is the owner of the Lot against which such assessments are levied at the time such assessments become due and payable. The covenant to pay assessments herein stated is and shall be a covenant running with the land.

Section 4.3. Purposes of Assessments. The assessments levied on an annual basis by the Association pursuant to Section 4.4 of this Article IV shall be used for the payment to the costs and expenses which the Association shall incur in connection with the carrying out of the repair and maintenance work which is the responsibility of the Association under the provisions of Article VI of this Declaration, the payment of the premiums for all policies of insurance which the Association shall obtain pursuant to the provisions of Article VII of this Declaration, the payment of all administrative costs which the Association shall incur in connection with the foregoing and the payment of all costs and expenses incurred by the Association in connection with its operations (such costs and expenses being herein referred to as the "Annual Expenses"). It shall be the specific duty of the Association to include in the Annual Expenses amounts to be maintained by the Association in a reserve fund in an amount which shall be intended to allow the Association to have on hand the monies which shall be required by the Association to carry out the repair work which is its responsibility without having to levy any special assessments pursuant to Section 4.5 hereof.

Section 4.4. Determination of Annual Assessment and Shares Thereof. Prior to the commencement of each fiscal year of the Association (said fiscal year being specified in the Bylaws), the Board of Directors shall estimate the total amount of the Annual Expenses which are anticipated to be incurred by the Association during such fiscal year and shall determine the amount which will be deposited during such fiscal year into the reserve funds maintained by the Association. The Board of Directors shall thereupon adopt a budget for the Association's expenditures and reserve fundings based upon such estimate and providing for the total annual assessment to be levied against the members of the Association for such fiscal year (the total assessment which shall be so determined and levied against all of the members of the Association for any fiscal year is herein referred to as the "Annual Assessment'). The amounts so determined by the Board of Directors shall be levied against all of the members of the Association other than the Declarant and all Lots not owned by the Declarant. The amount of the Annual Assessment that shall be levied against each Lot shall be equal. The Board of amount of the Annual Assessment so determined for such fiscal year and the amount of such Annual Assessment which shall be levied against each Lot, to the owner of every Lot prior to the commencement of the fiscal year during which such Annual Assessment is to be paid. The

8K : 908 PG:207

amount of such Annual Assessment which shall be levied against each Lot shall be due and payable to the Association in such installments as the Board of Directors shall determine, and after notice of the same shall have been given to all of the members of the Association by the Board of Directors, and shall be paid to the Association when due without further notice.

Section 4.5. Special Assessments. If for any reason, including non-payment of any assessments to the Association by the persons liable therefor, the budget adopted by the Board of Directors for any fiscal year shall prove to be inadequate to defray the Annual Expenses for such fiscal year, the Board of Directors shall have the authority to levy a special assessment against the Lots and the owners thereof (other than the Declarant) to raise such needed funds. Any special assessment levied by the Board of Directors pursuant to the provisions of this Section 4.5 shall be payable at such times and in such installments as the Board of Directors shall determine. Each Lot shall be liable for the payment of an equal share of every special assessment which shall be levied by the Association pursuant to the provisions of this Section 4.5.

Section 4.6. Initiation Assessments. At the time the fee title to any Lot shall be conveyed by the owner thereof (including by the Declarant) to a successor owner, there shall be levied against such Lot a one-time initiation assessment (an "Initiation Assessment'). During the Declarant Control Period, the Initiation Assessment shall be $400.00 and after the Declarant Control Period, the Initiation Assessment shall be equal to forty-five percent (45%) of the amount of the Annual Assessment which is in effect against such Lot at the time of the conveyance. The Initiation Assessment shall be due and payable to the Association at the time of the closing of the conveyance of the Lot in question and shall be secured by the lien of the Association on such Lot. In addition, the Initiation Assessment shall be the personal obligation of both the grantor and the grantee of such Lot, both of whom shall be jointly and severally liable for the payment of the same. The amounts received by the Association from the payments of the Initiation Assessments may be expended by the Association for the payment of any expenses which the Association may incur in connection with its performing its responsibilities under this Declaration.

Notwithstanding the foregoing, no Initiation Assessment shall be due in connection with inheritance of any Lot on account of the death of the owner thereof or in connection with the subjecting of any Lot to any Mortgage.

Section 4.7. Lots Owned by Declarant. Notwithstanding any term or provision of this Declaration which may be construed to the contrary, no Lot owned by the Declarant shall be subject to any assessment provided for in this Article IV, other than the Initiation Assessment provided for in Section 4.6 hereof. Rather, all Lots owned by the Declarant shall be exempt from the payment of all assessments for so long as such Lots are owned by the Declarant. At such time as any Lot which is owned by the Declarant shall be conveyed or transferred away by the Declarant to a third party other than the Declarant, all liens and assessments provided for in this Article IV shall become immediately levied against such Lot and the owner of such Lot shall immediately become liable for the payment of all such assessments. The amount of each Annual Assessment which shall become so payable with respect to any Lot shall be prorated according to the respective portions of the fiscal year that such Lot was owned by the Declarant and by such successor owner.

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Section 4.8. Effect of Non-Payment of Assessments; Remedies of the Association.

In the event that any member of the Association shall fail to pay, within ten (10) days after the date the same is due and payable, any annual or special assessment, or any installment of any annual or special assessment, which is payable by him to the Association, the entire amount of such assessment, including the portion thereof which would otherwise be payable in installments, may be declared by the Board of Directors to be immediately due and payable in full to the Association. All such amounts so declared by the Board of Directors to be due and payable in full to the Association shall be secured by the lien of the Association on every Lot owned by the delinquent member, which lien shall bind such Lot or Lots in the hands of the then owner, and his heirs, devisees, successors and assigns.

All amounts which the Board of Directors shall declare to be due and payable pursuant to this Section 4.8 shall bear interest from the date of delinquency at the lower of the rate of ten (10%) percent per annum or the highest rate permitted by law, and the Association may bring legal action against the member of the Association personally obligated to pay the same, or foreclose its lien upon the Lot or Lots of such member, in either of which events such member shall also be liable to the Association for all costs and attorneys' fees which the Association shall incur in connection with the collection of such delinquent amounts.

ARTICLE V.

DAMAGE OR DESTRUCTION

In the event of the occurrence of any damage or destruction by fire or other casualty to any Villa, such damage or destruction shall be repaired or rebuilt. All repair, reconstruction or rebuilding of any Villa shall be substantially in accordance with the plans and specifications for such damaged or destroyed Villa prior to the occurrence of such damage, or in accordance with such differing plans and specifications as are approved for such purpose in accordance with Article IV of the Del Webb Declaration. The work of repairing, reconstructing or rebuilding any damaged or destroyed Villa shall be completed as soon after the occurrence of such damage or destruction as is reasonably practicable at no cost or expense to the Association. The owner of any Villa which is to be repaired, reconstructed or rebuilt pursuant to the provisions of this Article V shall be responsible for the completion of such work in the manner, and within the time requirements, set forth in this Article V. The costs of repair or rebuilding of any Villa shall be paid with the proceeds of the policy of property insurance that the Association shall have maintained for the Lots. In the event that said proceeds shall not be sufficient to pay all such costs, the owner of the affected Villa shall be responsible for the payment of such deficiency.

ARTICLE VI.

MAINTENANCE OF VILLAS

Section 6.1. Maintenance Obligations of the Association. It shall be the obligation of the Association to maintain and repair:

BK : 908 FG:209

the exteriors of all of the Villas, but not including the replacement of any glass or the repair or upkeep of any screens. The Association's maintenance and repair responsibilities shall include the exterior surfaces of the garage doors and the other doors of the Villas (but not including any glass surfaces). The Association shall not have any responsibility for the repair of any mechanical devices that shall operate any doors or garage doors; nor shall the Association have the responsibility of replacing any doors or garage doors. The maintenance and repair work which shall be the responsibility of the Association under this paragraph (a) shall include caulking and repainting and restaining the exterior surfaces of the Villas as and when determined by the Association;

(b) the roofs of all of the Villas. The Association's maintenance and repair responsibilities shall include the replacement of roof shingles and all gutters that were incorporated into the original construction of the Villas, when the Association shall determine the same to be necessary. The Association shall also be responsible for the repair of any leaks that may occur in the roofs of any of the Villas; and

the Driveway, the Porch and the Patio. The Association's maintenance and repair responsibilities shall include the repair, as necessary, of the concrete surfaces and all Driveways, Porches and Patios, and the caulking and painting of all pillars constructed on the

Section 6.2. Determination of Repair Needs. The determination of the need for the carrying out of the maintenance and repair work that is the responsibility of the Association under the provisions of this Article VI shall be made by the Board of Directors. However, in carrying out its repair and maintenance responsibilities under this Article VI, the Association shall do so in a manner that fulfills all applicable requirements of Section 5.1 of the Del Webb Declaration and Paragraph 8.1.1 of that certain Master Declaration of Covenants, Conditions and Restrictions for Reynoldsboro, made by Reynolds Partners, L.P., Linger Longer Development Company, Oconee Richland Company, LIC and James M. Reynolds, III, recorded in Deed Book 873, Page 309, Greene Count, Georgia Records.

Section 6.3. Repairs Caased by Owners. In the event that the need for any repair work to be performed upon any Villa is a result of any action taken by the owner of the same, then the owner of the Lot on which such Villa is located shall be liable to the Association for all of the costs and expenses which the Association shall incur in connection with such repair work. The owner of the affected Lot shall pay such costs and expenses to the Association promptly upon the Association's demand. The liability of the owner of any Lots for any amount provided for in this paragraph shall be secured by the lien for assessments provided for in Section 4.1 of this Declaration.

BK:908 PG:210

ARTICLE VII.

INSURANCE

Section 7.1. The Association shall obtain and continue in effect the following insurance:

Blanket property insurance providing "all risk" coverage in an amount equal to the full replacement cost, before application of deductibles, of all Villas. If all risk" coverage is not available at a cost deemed reasonable by the Board of Directors, the Board shall obtain, at a minimum, fire and extended coverage insurance, including coverage for vandalism and malicious mischief, in like amounts. The Association may exclude from such coverage improvements to Lots and the Villas made by the Lots owners after the initial conveyance of the unit by the Declarant.

Commercial general liability insurance on the common elements insuring the Association, the Board of Directors and the Officers of the Association, all agents and employees of the Association against any liability that may be incurred by them in connection with their carrying out their responsibilities under this Declaration. Said insurance policy having a limit of no less than $500,000 for injury, including death, to a single person, $1,000,000 for injury or injuries, including death, arising out of a single occurrence, and $50,000 for property

Blanket fidelity coverage for all officers, directors and employees of the Association and all other persons handling, or responsible for, funds of the Association, in a coverage amount of not less than the maximum of funds of the Association during the term of said policy, but in no event less than a sum equal to three (3) months aggregate assessments against all Lots plus the amount of all reserve funds maintained by the Association. Each such policy shall also contain a waiver by the insurer of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees', or similar expressions.

(d) Such additional insurance as the Board of Directors determines to be in the best interest of the Association.

Section 7.2. Policy Requirements. All insurance purchased by the Association shall be for the use and benefit of the owners of the Lots, and the respective mortgagees, as their interest may appear. Each policy of insurance maintained by the Association shall contain a standard mortgagee clause in favor of the holders of the First Mortgages and shall provide that it may not be cancelled or substantially modified without at least ten (10) days prior written notice to the Association and to the holder of each First Mortgage which is listed in the policy as a scheduled holder of a First Mortgage. Each such policy shall also provide for a waiver of subrogation against the Lot owner individually, that the policy may not be prejudiced by any act or neglect of an individual Lot owner which is not in control of the Lot owner collectively, and that the policy is primary in the event the Lot owner has other insurance covering the same loss.

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Section 7.3. Lot owner's Policies. The Lot owner may carry at their own initiative and expense the following insurance policies:

(a) A building additions, betterments, and alterations endorsement to the master policy of property insurance described in Paragraph 7.1(a) hereof for the exclusive benefit of the particular Lot owner, such Lot owner to be liable for (and the Association to be in no way liable for) the premium for such endorsement; and

(b) A rider covering the contents of his Villa, personal injury and property damage liability, burglary and the like.

In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Lot owners or mortgagees, and no Lot owner shall be entitled to exercise his right to maintain the additional insurance coverage set forth in this Section 7.3 in such a way as to bring into contribution any insurance coverage maintained by the Association, or decrease in any other way the amount which the Association may realize under any insurance policy which it may have in force at any particular time.

Section 7.4. Proceeds on Account of Damage to Villas. In the event that any insurance proceeds shall be paid to the Association on account of any damage to or destruction of any Villa or Villas, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each Villa which is so damaged or destroyed. The amount of insurance proceeds which shall be deemed to be held by the Association in each such account shall be determined by multiplying the entire amount of insurance proceeds which shall be received by the Association on account of all of the damage to or destruction of such Villa or Villas by a fraction, the numerator of which shall be the total estimated cost, determined by the Board of Directors, of repairing, reconstructing, or rebuilding the Villa on behalf of which such account is created, and the denominator of which shall be the total estimated cost, determined by the Board of Directors of repairing, reconstructing, or rebuilding all of the Villas and common elements, the damage to or destruction of which was caused by the occurrence which resulted in such insurance proceeds being paid to the Association. If it shall be determined in accordance with the provisions of Article V hereof not to repair, reconstruct or rebuild any Villa which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such Villa shall be paid jointly to the Lot owner and his mortgagee. Such disbursement, however, shall be made only after the Board of Directors shall have entered into a financial arrangement satisfactory to the Board of Directors whereby such Lot owner shall pay for the cost of cleaning up and landscaping the Lot on which such Villa was

ARTICLE VIII.

AMENDMENT

The terms, provisions, covenants and restrictions of this Declaration may be amended upon the approval of such amendment by: (a) those members of the Association who own, in the aggregate, no-fewer than sixty-seven percent (67%) of the Lots not owned by the Declarant; and

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(b) the Declarant, if the Declarant shall then own any Lots or any other portion of the Lots Property. The approval of any such amendment by each of the members shall be given by such member either casting a vote in favor of such amendment at a meeting of the members of the Association duly called for such purpose, or by such member signing a written approval of such amendment after the date on which such meeting was held, notwithstanding anything set forth to the contrary in the Articles of Incorporation or Bylaws. If any such amendment is required to be approved by the Declarant, such approval shall be given only by such Person executing a written approval of the same.

Any amendment to the terms, provisions, covenants or restrictions of this Declaration shall become effective only upon the recording in the Deed Records of Greene County, Georgia, of an instrument certified by the incumbent Secretary of the Association: (a) setting forth such amendment; (b) stating that the approval of the members of the Association which, under the provisions of this Article VIII, is required for such amendment to be effective, has been given and obtained; and (c) containing the written approval of the Declarant.

The matters set forth in such instrument shall be presumed to be true and accurate and the amendment which is set forth in such instrument shall be effective, unless it shall be determined by a court of competent jurisdiction that the matters certified to in such instrument are not true and accurate.

Each person who shall own any Lot, by acceptance of a deed or other conveyance thereto, and by acceptance of such ownership, and by taking record title thereto, and cach holder of a Mortgage upon any portion of any Lot, by acceptance of such Mortgage, thereby agrees that the terms, provisions, covenants and restrictions of this Declaration may be amended as provided in this Article VIII.

ARTICLE IX.

MISCELLANEOUS

Section 9.1. Failure of Enforcement. In the event that the Association shall fail to enforce the compliance with any of the provisions of this Declaration by the owner of any Lots, then the owner of any other Lots shall have the right to file an action in the Superior Court of Greene County, Georgia for an order from such Court requiring that the Association enforce such compliance; provided, however, in no event shall the Board of Directors, or any officer of the Association, or any of their agents, be personally liable to anyone on account of their failure to enforce any of the terms, provisions or restrictions set forth in this Declaration.

Section 9.2. Waivers. In no event shall the failure by the Association to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions or agreements set forth in this Declaration be construed as a waiver or relinquishment of the future enforcement of any such term, covenant, condition, provision, or agreement. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, provision or agreement shall not be deemed a waiver of such breach, and no waiver by the Association of any term, covenant, condition, provision or

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agreement shall be deemed to have been made unless expressed in writing and signed by a duly authorized officer of the Association.

Section 9.3. Duration. This Declaration, and all of the terms, easements, provisions, liens, charges, restrictions and covenants set forth herein, shall run with and bind the land (the Lots), shall be and shall remain in effect, and shall inure to the benefit of, and be enforceable by, the Association, and by any owner of any Lots, their respective legal representatives, heirs, successors and assigns, perpetually.

Section 9.4. Notices. Any notice required to be sent to any member of the Association pursuant to any provision of this Declaration may be served by depositing such notice in the mails, postage prepaid, addressed to the member to whom it is intended, at the address which such member shall have furnished to the Secretary of the Association in accordance with the Bylaws, or, in the absence of any such address having been so furnished to the Secretary of the Association, at the address of any Lots owned by such member. The date of service shall be the date of mailing.

Section 9.5. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.

Section 9.6. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons or other entities violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the Lots, to enforce any liens created by this Declaration.

Section 9.7. Successors to Declarant. In no event shall any person or other entity succeeding to the interest of the Declarant by operation of law or through purchase of the Declarant's interest in all or any portion of the Lots Property at foreclosure, sale under power or by deed in lieu of foreclosure, be liable for any act, omission or matter occurring, or arising from any act, omission or matter occurring, prior to the date such successor succeeded to the interest of the Declarant.

[Remainder of Page Intentionally Left Blank]

BK :908 PG:214

IN WITNESS WHEREOF, Pulte Home Corporation and Del Webb at Lake Oconee Villas Association, Inc. have caused this Declaration to be executed by their duly authorized officers on the day and year first above written.

Signed, sealed and delivered PULTE HOME CORPORATION

in the presence of:

est Lun

Name: led Jurner

Unoffieral Witness Title: VP bad Devel, prent

Notary Public SIE A. DEKTE

My Commission Expires: NOTARY

1.29.201ÍŚ EXPIRES

JANUARY 29, 2011

PUBLIC

Exact Date of Execution GEO

by Notary Public: COUNT

[AFFIX NOTARIAL SEAL]

Signed, sealed and delivered DEL WEBB AT LAKE OCONEE

in the presence of: VILLAS ASSOCIATION, INC.

Name:

Unofficial Witress Title:

Notary Public

My Commission ExprESLIE A. DEF

1•29•2011 NOTARY

EXPIRES

Exact Date of ExcotionPUBLIC JANUARY 29, 2011

by Notary Public! GEORGIA

COUNT

[AFFIX NOTARIAL SEAL]

BK: 908 PG:215

EXHIBIT *A*

Villas Property

[See attached]

BK: 908 PG:216 EXHIBIT A

Legal Description

Tract 1

being more particularly described as follows: All that tract or parcel of land lying and being in G.M.D. 161, Greene County, Georgia and

Commencing at the inkersection of the westerly right of way of Carey Station Road with

the northerly right of way of State Route No. 44; thence proceed in a northerly direction a distance

of 5022.94 foel as measured along Carey Station Road to a 1/2 inch open top pipe found; thence

leaving the right of way of Carey Station Road (having an 80 foot right of way width); South 74

Degrees 39 Minutes 56 Seconds West, a distance of 295.00 feet to en iron pin set; thence South 11

Degrees 33 Minutes 13 Seconds East, a distance of 450.00 feet to a 1/2 inch open top pipe; thence

South 74 degrees 23 minutes 18 seconds West a distance of 1208.25 feet to an iron pin set; thence

South 14 degrees 31 minutes 12 seconds West & distance of 1488.34 feet to a 1 inch iron pipe;

thence South 03 degrees 22 minutes 36 seconds Bast a distance of 161.92 feet to a point; thence

South 88 Degrees 04 Minules 13 Seconds West, a distance of 501.29 feet; thence South 61 Degrees

32 Minutes 25 Seconds West, a distance of 198.72 feet; thence North 81 degrees 32 minutes 35

seconds West a distance of 208.64 feet to a I inch open top pipe; thence North 82 degrees 19

minutes 37 soconds West a distance of 243.50 feet to a 1 inch open top pipe; thence North 82

degrees 45 minutes 25 seconds West a distance of 826.73 feet to concrete monument found; thence

North 02 degrees 49 minutes 55 seconds West a distance of 232.48 feet to a concrete monument

found; thence South 86 degrees 28 minutes 06 seconds West a distance of 48.32 feet to a 1/2 inch

open top found; thence North 03 Degrees 21 Minutea 42 Seconds West, a distance of 1028.66 feet

to a point in the centerline of a creek; thence along said ceuterline of creek; South 83 Degrees 07

Minutes 12 Seconds East, a distance of 19.64 feet; thence South 65 Degrees 37 Minutes 37 Seconds

East, a distance of 45.30 feet; thence North 45 Degrees 04 Minutes 50 Seconds East, a distance of

81.70 feet; thence North 37 Degrees 41 Minutes 03 Seconds East, a distance of 33.34 feet; thence

North 49 Dogrees 24 Minutes 43 Seconds East, a distance of 55.61 feet; thance North 00 Degrees

26 Minutes 25 Seconds Bast, a distance of 61.30 feet; thence North 49 Degrees 05 Minutes 55

Seconds East, a distance of 87.60 feet: thence North 25 Degrees 55 Minutes 15 Seconds East, a

dislance of 35.98 feet; thence North 60 Degrees 20 Minutes 58 Seconds East, a distance of 93.55

feet; thence North 33 Degrees 19 Minutes 37 Seconds East, a distance of 22.73 feet; thence North

61 Degrees 30 Minutes 58 Seconds East, a distance of 72.80 fool; thence North 40 Degrees 32

Minutes 19 Seconds East, a distance of 45.23 feel; thence South 49 Degrees 18 Minutes 59 Seconds

East, a distance of 35.20 feet; thence North 64 Degroes 12 Minutes 59 Seconds Bart, a distance of

21.96 feet; thence North 35 Degrees 54 Minutes 34 Seconds East, a distance of 45.34 feet; thence

North 51 Degrees 03 Minutes 58 Seconds East, a distance of 38.47 feet; thence South 55 Degrees

11 Minutes 38 Soconds East, a distance of 32.87 feet; thence North 58 Degrees 39 Minutes 26

Seconds Bast, a distance of 26.14 feet; thence North 18 Degrees 47 Minutes 02 Seconds East, &

distance of 84.26 feet; thence North 39 Degrecs 27 Minutes 42 Seconds East, a distance of 129.94

feet; thence North 22 Degrees 01 Mimutes 00 Seconds Bast, a distance of 50.73 feet; thence North

50 Degrees 37 Minutes 48 Seconds East, a distance of 56.02 feet; thence North 24 Degrees 26

Minutes 40 Seconds East, a distance of 31.30 feet; thence North 06 Degrees 36 Minutes 28 Seconds

West, a distance of 2045.69 feet to an iron pin found (bolt); thence North 07 degrees 25 minutes 40

seconds West a distance of 360.14 feet to a 1/2 inch open top pipe on the southerly right of way of

Askew Road (40 foot right of way width); thence North 73 degrees 05 minutes 30 seconds East a

A 1 ofS

8K: 908 FG:217

distance of 87.77 feet to a 2 inch open top pipe on the northerly right of way of Askew Road being

the Point of Beginntag; thence from said Polat of Beglaning as thus established, leaving said

right of way North 73 degrees 00 minutes 00 soconds East a distance of 48.99 feet to a 2 inch open

lup pipe; thence North 87 degrees 19 minutes 34 seconds East a distance of 216.89 feet to a 2 inch

inch open top pipe; thei open top pipe; thence North 79 degrees 16 minutes 39 seconds East a distance of 369.25 feet to a 2

to a 2 inch ape co North 82 degrees 11 minutes 59 seconds East a distance of 178.19 feet

feet to a 1/2 inch rebar found on the northerly right of way of Askew Road; thence along said right ; thence South 86 degrees 41 minutes 00 seconds East a distance of 51.89

of way, in a westerly dire foliowing a counterclockwise curve with an are distance of 162.48

feet, having a radius of 1454.84 feet, subtended by a chord bearing and distancs of South 60

degrees 06 minutes 42 seconds West, 162.40 feet to a point; thence continuing along said right of

way, the following courses and distances, following a clockwise curve with an are distance of

243.89 feet, having a rad/us of 479.98 foet, subtended by a chord bearing and distance of South 69

degrees 23 minutes 33 seconds West, 241.27 feet to a point; thence following a clockwise curve

with an are distance of 121.19 feet, having a radius of 813.29 feet, subtended by a chord bearing

and distance of South 85 degrees 14 minutes 35 seconds West, 121.08 feet to a point; thence

following a clockwise curve with an are distance of 178.97 feet, baving a radius of 813.29 feet,

subtended by a chord bearing and distance of North 84 degrees 11 minutes 02 seconds West,

feet to a point being the Palat of Beglaning 178.6l feel to 8 point; thence North 77 degrees 05 minutes 43 seconds West a distance of 194.59

as Tract I containing 1.51 Acres prepared by Travis Pruitt and Associates, Inc., dated April 26, The above described property is shows on a Boundary Survey For: Pulte Home Corporation

2006.

A 2 of 5

BK: 908 PG: 218

LEGAL DESCRIPTION Total of Tracts 2, 3 & 4

being more particularly described as follows: All that tract or parcel of land lying and being in G.M.D. 161, Greene County, Georgia and

the northerly right of way of State Route No. 44; thence proceed in a northerly direction a distance Commeacing at the intersection of the westerly right of way of Carey Station Road with

of 5022.94 feet as measured along Carey Station Road to a 1/2 inch open top pipe found being the Polat of Beglaaing; thence from said Polat of Beginning as thus catablished, leaving the right

of way of Carey Station Road (having an 80 foot righl of way); South 74 Degrees 39 Minutes 56 Seconds West, a distance of 295.00 feet 1o an iron pin set; thance South 11 Degrees 33 Minutes 13

Minutes 25 Soconds East, a distance of 80.52 feet, thence South 76 Degrees 54 Minutes 49 Seconds Seconds Fast, a distance of 450.00 feet to a 1/2 inch open top pipe; thence South 12 Degrees 15

of 384.80 feet; thence South 22 Degrecs 31 Minutes 08 Seconds West, a distance of 296.33 feet; West, a distance of 692.89 feet; thence South 42 Degrees 00 Minutes 07 Seconds West, a distance

Degrees 50 Minutes 49 Seconds East, a distance of 30132 feet; thence South 29 Degrees 33 thence South 02 Degrees 00 Minutes 29 Seconds East, a distance of 247.23 feet, thence South 04

Minutes 56 Soconds East, a distance of 96.32 feet; thence South 79 Degroes 54 Minutes 35 Seconds East, a distance of 182.86 feet; thence South 11 Degrees 36 Minutes 22 Seconds West, a distance of

360.43 foet; thence North 87 Dogrees 28 Minutes 13 Seconds West, a distance of 168.26 feet; thence South 55 Degrees 31 Minutes 19 Seconds West, a distance of 135.96 feet; thence South 78

Minutes 07 Seconds West, a distance of 106.62 feet, thance North 73 Degrees 14 Minutes 14 Degrees 01 Minutes 31 Seconds West, a distance of 154.94 feet; thence South S1 Degrees 27

Seconds West, a distance of 180.21 feet; thence South 88 Degrees 04 Minutes 13 Seconds West, a disunce of 501.29 feet; thence South 61 Degrocs 32 Minutes 25 Seconds West, a distance of

thence South 32 Degrees 01 Minutes 11 Seconds East, a distance of 225.09 feet; thence South 19 198.72 feet; thence South 02 Degrees 41 Minutes 40 Seconds West, a distance of 245.72 feet;

Minutes 58 Seconds West, a distance of 188.12 feet; thence South 48 Degrees 01 Minutes 42 Degrees 11 Minutes 52 Seconds East, a distance of 230.62 feet; thence South 25 Degrees 49

Seconds Wesi, a distance of 292.08 feet; thence South 29 Degrees 02 Minutes 39 Seconds West, a distance of 141.53 feet; thence South 10 Degrees 42 Minutes 29 Seconds West, a distance of

thence South 02 Degrees 49 Minutes 09 Seconds East, a distance of 300.58 feet; thence South 15 147.91 feet; thence South 15 Degrees 09 Minutes 33 Seconds East, a distance of 239.57 feet;

Minutes 48 Seconds West, a distance of 231.53 feet; thence South 56 Degrees 07 Minutes 51 Degrees 42 Minutes 49 Seconds East, a distance of 240.28 feet; thence South 18 Degrees 01

distance of 142.53 feel; thence North 75 Degrecs 15 Minutes 37 Seconds West, a distance of Seconds West, a distance of 193.62 feel; thence North 87 Degrees 58 Minutes 03 Seconds West, a

thence North 65 Degrees 36 Minutes 53 Seconds West, a distance of 420.52 feet; thence North 89 1027.10 feet; thence South 83 Degrees 12 Minutes 02 Seconds West, a distance of 303.66 feet;

Minutes 53 Seconds West, a distance of 153.32 feet; thence North 83 Degrees 08 Minutes 39 Degrees 30 Minutes 30 Seconds West, a distance of 231.66 feet; thence South 71 Degrees 32

Seconds West, a distance of 196.17 feet; thence North 55 Degrees 47 Minutes 15 Seconds West, a distance of 370.04 feet; thence North 81 Degrees 20 Minutes 36 Seconds West, a distance of

A 3 of 5

PG:219 thence North 5S Degrees 38 Minules 21 Seconds West, a distance of 515.46 feet; thence North 39 189.39 feet; thence North 74 Degrees 47 Minutes 30 Seconds West, a distance of 320.38 feet;

North 44 Degrees 12 Minutes 34 Seconds East, a distance of 227.02 feet 3/8 inch rebar found; Degrees 56 Minutes 06 Seconds West, a distance of 299.69 feet to a 3/8 inch rebar found; thence

thence North 59 Degrees 31 Minutes 58 Seconds East, a distance of 166.72 feet 3/8 inch rebar

found; thence North 31 Degress 54 Minutes 32 Seconds East, a distance of 271.01 feet 3/8 inch rebar found; thence North 54 Degrees 14 Minutes 41 Seconds East, a distance of 114.56 feet 3/8

inch rebar found; thence South 66 Degrees 49 Minutes 31 Seconds East, a distance of 83.20 feet 3/8 inch reber found; thence North 23 Degrees 07 Minutes 11 Seconds East, a distance of 105.89

212.74 feet 3/8 inch rebar found; thence North 68 Degrees 13 Minutes 16 Seconds East, a distance feet 3/8 inch rebar found; thence North 45 Degrees 39 Minutes 35 Seconds East, a distance of

distance of 194.88 feet 3/8 inch rebar found; thence North 47 Degrees 58 Minutes 44 Seconds East, of 156.42 fert 3/8 inch rebar found; thence North 40 Degrees 32 Minutes 30 Seconds East, a

a distance of 915.95 feet to a 2 inch open top pipe found; thence South 82 Degrees 41 Minutes 56 Seconds East, a distance of 130.99 feet to a 3/8 inch rebar found; thence North 31 Degrees 39

Minutes 43 Seconds East, a distance of 901.04 feet a 1/2 inch open top found; thence North 03 Minutes 10 Seconds West, a distance of 9.81 feet 3/8 inch rebar found; thence South 89 Degrees 00

Degrees 21 Minutes 42 Seconds West, a distance of 1028.66 feet to a point in the centerline of a creek; thence along said centerline of creek; South 83 Degrees 07 Minutes 12 Saconds East, &

feet; thence North 45 Degrees 04 Minutes 50 Seconds East, a distance of 81.70 feel; thence North distance of 19.64 feet; thence South 65 Degrees 37 Minutes 37 Soconds Bart, a distance of 45.30

37 Degrees 41 Minutes 03 Seconds East, a distance of 33.34 feet; thence North 49 Degrees 24 Minutes 43 Seconds East, a distance of 55.61 feet; thance North 00 Degrees 26 Minutes 25 Seconds

Enal, a distance of 61.30 feet; thence North 49 Degrees 05 Minutes 55 Seconds East, a distance of

87.60 feet; thence North 25 Degrees 55 Minutes 15 Soconds East, a distance of 35.98 feet; thence North 60 Degrees 20 Minutes 58 Seconds East, a distance of 93.55 feet; thence North 33 Degrees

19 Minutes 37 Seconda East, a distance of 22.73 feet; thence North 61 Degrees 30 Minutes 58 Seconds East, a distance of 72.80 feet; thence North 40 Degrees 32 Minutes 19 Seconds East, a

feet; thence North 64 Degrees 12 Minutes 59 Seconds East, a distance of 21.96 feet; thence North distance of 45.23 feet; thence South 49 Degrees 18 Minutes 59 Seconds Earl, a distance of 35.20

Minutes 58 Seconds Fast, a distance of 38.47 feet; thence South 55 Degrees 11 Minutes 38 Seconds 35 Degrees 54 Minutes 34 Seconds Bast, a distance of 45.34 feet; thence North 51 Degrecs 03

26.14 feet; thence North 18 Degrees 47 Minutes 02 Seconds East, & distance of 84.26 feet; thence East, a distance of 32.87 feet; thence North 58 Degrees 39 Minutes 26 Seconds East, a distance of

North 39 Degrees 27 Minutes 42 Seconds East, a distance of 129.94 feet; thence North 22 Degrees 01 Minutes 00 Seconds East, a distance of 50.73 feet, thence North 50 Degrees 37 Minutes 48

Seconds East, a distance of 56.02 feet; thence North 24 Degrees 26 Minutes 40 Seconds East, a distance of 31.30 feet; thence North 06 Degrees 36 Minutes 28 Soconds West, a distance of

distance of 352.52 feet to an iron pin set; thence North 04 Degrees 58 Minutes S7 Seconds Eat, a 2045.69 feet to an iron pin found (bolt); thence South 78 Degrees 53 Minutes 05 Seconds East, a

distance of 350.61 feet to a point on the southerly right of way of Askew Road (40 foot right of way width); thence along said right of way, following a counterclockwise curve with an arc

distance of 150.14 feet, having a radius of 853.28 feet, subtended by a chord bearing and distance of North 86 Degrees 23 Minutes 16 Seconds East, 149.95 feet; thence leaving said right of way,

South 04 Degrecs 58 Minutes 15 Seconds West a distance of 599.51 feet to a 3/4 inch rebar found; thence South 84 Degrees 56 Minutes 21 Seconds East, a distance of 581.72 feet to a 3/4 inch rebar

A 4 of 5

eK :90S PG:220 open top found; thence North 75 Degrees 03 Minutes 05 Seconds East, a distance of 149.95 feet to fouad; thence North 04 Degrees 58 Minutes 21 Seconds East, a distance of 594.33 feet to a 1 inch

308.40 feet to a point on the southerly right of way of Askew Rond; thence following a clockwise a I inch open top found; thence North 04 Degrees 54 Minutes 52 Seconds East, a distance of

bearing and distance of North 81 Degrees 50 Minutes 20 Seconds East, 297.93 feet to a point; curve with an are distance of 299.13 foet, baving a radius of 965.44 feet, subtended by a chord

thence continuing along said right of way, South 89 Degrees 1? Minules 06 Seconds East, a distance of 150.65 feet to a point; thence leaving the southerly right of way of Askew Road (40

fool right of way; thence South 03 Degrees 51 Minutes 38 Seconds West, a distance of 293.73 feet 1o a nail found; thence North 88 Degrees 20 Minutes 17 Seconds East, a distance of 149.86 feet to a

1/2 inch open top found; thence South 85 Degrees 56 Minutes 12 Seconds West, a distance of nail found; thence South 04 Degrees 10 Minutes 49 Seconds West, a distance of 134.98 feet to a

distance of 380.45 feet to a 1/2 inch rebar found; thence South 26 Degrees 17 Minutes 35 Seconds 159.81 feet to a 1/2 inch open lop found; theace South 26 Degrees 16 Minutes 13 Seconds West, a

37 Seconds West, a distance of 185.27 feet; thence South 06 Degrees 17 Minutes 59 Soconds West, West, a distance of 546.40 feet to a 1/2 inch open top found; thence South 30 Degrees 01 Minutes

224.92 feet to a point in the centerline of a creek; thence along said centerline, South 07 Degrees 31 a distance of 273.S1 (eet; thence South 08 Degrees 06 Minules 04 Seconds West, a distance of

Seconds East, a distance of 24.71 feet; thence North 67 Degrees 51 Minutes O5 Seconds East, • Minutes 26 Seconds West, a distance of 23.68 feet; thence North 56 Degrees 15 Minutes 29

distance of 84.83 feet; thence North 62 Degrees 48 Minutes 44 Seconds East, a distance of 98.23 feel; thence North 49 Degrees 13 Minutes 30 Seconds East, a distance of 19.80 feel; thence North

Minutes 14 Seconds East, a distance of 36.10 feet; thence North 87 Degrees 39 Minutes 07 Seconds 14 Degrees 56 Minutes 07 Seconds East, a distance of 56.96 feet; thence North 64 Degrees 13

155.10 feet to a point; thence leaving the centerline of said creek, North 86 Degroes 46 Minutes East, a distance of 46.80 feet; thence North 33 Degrees 45 Minutes 35 Seconds East, a distance of

23 Minutes 18 Seconds East, a distance of 639.93 feet to a 1/2 inch rebar found; thence North 74 01 Seconds East, a distance of 502.37 feet to a 1/2 inch open top found; thence North 85 Degrees

South 11 Degrees 23 Minutes 25 Seconds East, a distance of 309.76 feet to a i inch open top Degrees 40 Minutes 32 Seconds East, a distance of 165.06 feel to a 3/4 inch open top found; thence

74 Degrees 33 Minutes 38 Seconds East, a distance of 218.98 foet to a 1/2 inch open top pipe found found; thance North 75 Degrees 11 Minutes 40 Seconds East, a distance of 68.07 feet; thence North

South 11 Degrees 08 Minutes 21 Seconds East, a distance of 320.25 feet to a concrete monument on the westerly right of way of Carey Station Road (having an 80 foot right of way width); thence

found; thence South 11 Degrees 53 Minutes 57 Seconds East, a distance of 182.47 feet to a 1/2 inch open top found at the POINT OF BEGINNING.

as Tracts 2, 3, and 4 totaling 406.18 Acres prepared by Travis Pruitt and Associates, Inc., daled The above described property is shown on a Boundary Survey For: Pulle Home Corporation

April 26, 2006.

AS of 5

₴K:908 PG=221 EXHIBIT "B"

Lots Initially Submitted

GREENE COUNTY, GEORGIA, AND BEING LOTS 239-254, INCLUSIVE, IN THE ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN 161 G.M. DISTRICT, OCONEE, PHASE I, UNIT 2, PREPARED BY RICKY E. GIFFORD G.R.L.S. NO. 3025 OF VILLAS, AS SHOWN ON THAT CERTAIN FINAL PLAT FOR: DEL WEBB AT LAKE PLAT BOOK 637, PAGE 8, GREENE COUNTY, GEORGIA RECORDS, WHICH PLAT IS TRAVIS PRUITT & ASSOCIATES, INC., DATED SEPTEMBER 13, 2007, RECORDED IN INCORPORATED HEREIN BY REFERENCE THERETO.