The Seasons Covenants

Deed Doc: CHDO

Recorded 03/05/2007 02:24PM Beverly Logan

Cleik Superior Court, Athens-Clarke County, Ga. B: 03275 P 0481-0530

DECLARATION OF CONDOMINIUM

OF

THE SEASONS CONDOMINIUMS

ATHENS-CLARKE COUNTY, GEORGIA

A Condominium Pursuant to

The Georgia Condominium Act,

O.C.G.A. §44-3-70, et seq.

UPON RECORDING RETURN TO:

Russell T. Quarterman, P.C.

c/o Alec R. Hodson, Esq.

Attoreys and Counselors at Law

1671 Meriweather Drive, Suite 103

Bogart, Georgia 30622

Phone: (706)543-7777

Facsimile: (706)543-1844

rtqpc@negia.net

BL 03275 Pg 0482

DECLARATION OF CONDOMINIUM

OF

THE SEASONS CONDOMINIUMS

ATHENS-CLARKE COUNTY, GEORGIA

THIS DECLARATION is made, executed and recorded to submit the property hereinafter described and the improvement thereon to the condominium form of ownership under the Georgia Condominium Act.

SUBMISSION: The Seasons Partners, LLC and The Galis-Vandiver Development Corporation, Inc., as the owners of the property described as The Seasons At Oakbrook, on that Plat of Survey entitled, "As-Built and Condominium Plat For: The Seasons", Sheets 1-2, dated December 19th, 2006, by Ben McLeroy and Associates, Inc., Ben McLeroy, Georgia RLS 1184, said Plat having been recorded in the Office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Plat Book C, Pages 41 F61G, reference to which is hereby made for a more accurate description thereof, does hereby submit portions of such property and the improvements constructed thereon pursuant to the provisions of the Georgia Condominium Act, Act 463, Georgia Laws 1975, p. 609, as amended, (the "Act"). From and after the date this Declaration is recorded with the Clerk of the Superior Court of Athens-Clarke County, Georgia, such property and all of the improvements constructed thereon, shall be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and rohibit A this he hereto and i corporate Teren by ry steited hereunder is described in

2. DEFINITIONS: Unless the context requires otherwise the terms defined in the Act shall have the same meanings for purposes of this Declaration as are described to them by the Act. In addition, as used in this Declaration, the Articles of Incorporation, the By-Laws and the other condominium instruments, the following terms shall have the meanings indicated herein below, all of such definitions being cumulative of these contained elsewhere in this Declaration.

(a) "Act" shall mean the Georgia Condominium Act, Act 463, Georgia Laws, 1975, p. 609, as the same is or may be hereinafter amended.

(b) "Additional Property" shall mean any property located adjacent to the submitted property that may be submitted by the Declarant to the Condominium from time to time via one or more amendments hereto and via the recording of an amended Plat and Plans in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia. The Additional property is more specifically described hereinbelow and in Exhibit DI attached hereto and incorporated herein by reference.

(c) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.

BL 03275 PE 0483

"Association" shall mean The Seasons Condominium Association, Inc., a Georgia non-profit membership corporation formed for the purpose of exercising the powers of the Association under this Declaration, the Articles of Incorporation, the By-Laws, and the Act.

"Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation, the By-Laws, and the Act. The Board of Directors shall be the governing body of the Association.

"By-Laws" shall mean the By-Laws of the Association, as the same may be hereafter amended.

(g) "Declarant' shall mean The Seasons Partners, LLC, and The Galis Vandiver Development Corporation, Inc., their successors and assigns.

(h) "First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of trust on a unit and its undivided interest in the common elements which gives to the holder thereof a first and superior lien and security title on and to such unit and undivided interest.

() "The Property" shall include all that property submitted hereunder to this Declaration and such property as to be added via amendment thereto in the future.

3. NAME: The name of the Condominium is The Seasons Condominiums. 4. COUNTY: The Condominium is located in Athens-Clarke County, Georgia. 5. DEVELOPMENT PLAN:

(A) Development of the Property: The Condominium shall consist of forty-one (41) Residential Units known and designated as Units 101, 102, 103 and 104, Building 1, Units 201, 202, and 203, Building 2, Units 301, 302, 303 and 304, Building 3, Units 401, 402, 403, 404, and 405, Building 4, Units 501, 502, 503 and 504, Building 5, Units 601, 602, 603 and 604, Building 6, Units 701, 702 and 703, Building 7, Units 801, 802, 803 and 804, Building 8, Units 901, 902 and 903, Building 9, Units 1001, 1002, 1003 and 1004, Building 10, and Units 1101, 1102 and 1103, Building 11, each unit including a certain parcel of land and the residential units located thereon.

The Property initially submitted herein and more fully described on Exhibit "A" shall mean all that tract or parcel of land and all improvements thereon described as The Seasons Condominiums, including those forty-one (41) Residential Units known and designated as Units 101, 102, 103 and 104, Building 1, Units 201, 202, and 203, Building 2, Units 301, 302, 303 and 304, Building 3, Units 401, 402, 403, 404, and 405, Building 4, Units 501, 502, 503 and 504, Building 5, Units 601, 602, 603 and 604, Building 6, Units 701, 702 and 703, Building 7, Units 801, 802, 803 and 804, Building 8, Units 901, 902 and 903, Building 9, Units 1001, 1002, 1003 and 1004, Building 10, and Units 1101, 1102 and 1103, Building 11, together with all the

B₺ 03275 Pg 0484

common areas and limited common of the condominium as shown on the Plat and Plans for the condominium and as defined hereinbelow in this Declaration. Any units shown on the Plat as, "Not Yet Begun" shall be completed pursuant to the requirements of the Act.

The Plat in conjunction with the Plans recorded therewith, show the location and dimensions of the property, the location and dimensions of the vertical boundaries of each completed unit, the location and dimensions of all completed structural improvements located on the property, the extent feasible, the location and easements to which the property is subject, the identifying numbers of the completed units located on the property and the location and dimensions of any limited common elements appurtenant to each unit. The units on the property shall be constructed substantially in accordance with the Plat and the Plans which have been filed simultaneously with the filing of this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia. The Plat and Plans may be amended and supplemented periodically in the event Additional Property is added under this Declaration and added to the Condominium as provided in subsection (b) hereinbelow.

Option to Submit Additional Property. The Declarant hereby specifically reserves an option to further expand this condominium by the addition of Additional Property from time to time that is located adjacent to the property herein submitted, subject to the following terms and conditions.

The Option shall terminate no later than seven (7) years from the date of the recording of this Declaration, unless renewed in writing by the Declarant prior to the expiration.

2. The legal description of the Additional Property, including any horizontal, upper and lower, boundaries as well as the vertical and lateral boundaries is attached hereto as Exhibit

3. Except as otherwise provided herein, there are no limitations concerning additional property with regard to the following.

a. the time of the addition of property

b. the order of the addition of property

c. the boundaries of additional property

4. Except as specifically provided otherwise herein, there are no limitations as to any improvements that may be made on any portions of additional property.

The maximum number of unils which may be created on the additional property is such maximum number as is allowed by the Unified Government of Athens-Clarke County, Georgia.

BL 03275 P§ 0485 6. All units created on the additional property will be restricted exclusively to residential use. Provided, however, in the event that the government of Athens-Clarke County, Georgia, later allows for non-residential use on the additional property, such uses shall be permitted at the discretion of the Declarant.

7. Except as specifically provided otherwise herein, there are no assurances made concerning any other improvements which will be made on the additional property or any limitation of any improvements made thereon.

The Declarant reserves the right to create limited common elements within any portion of the additional property or to designate common elements which may be subsequently assigned as limited common elements subject to no limitation.

Upon the expansion of the condominium from time to time via the addition of Additional Property thereto, the voting interest in the Association and the undivided interest in the common elements shall be adjusted and recomputed based on an individual unit, as a fraction of the total number of submitted units in the Condominium, as defined by this Declaration, as amended from time to time and pursuant to the formula which described in Exhibit "D". 10. For the purposes of this Declaration, because the Declarant consists of two constituent entities, specifically The Seasons Partners, LLC and The Galis-Vandiver Development Corporation, Inc., any instruments effectuating or implementing the expansion of the Condominium via the addition of Additional Property thereto, as provided for hereinabove, shall require the written authorization of both The Seasons Partners, LLC and The Galis-Vandiver Development Corparation, Inc.

6. UNITS: Each unit together with its undivided interest in the common elements shall for all purposes constitute a separate parcel of real property, which may be owned, held, transferred, sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same manner as any other separate parcel of real property, subject to the provisions of this Declaration and the Act. Each unit owner shall be entitled to the exclusive ownership and possession of the unit or units owned by him, subject to the provisions of this Declaration and the Act. Each unit shall include all of the space and improvements within the boundaries thereof.

(a) Boundaries: Any ground level unit shall have no lower boundary. As such, ground level units include the earth lying under such unit(s). If applicable, any unit which is not a ground level unit shall have a lower boundary which coincides with the upper boundary of the unit directly below. The upper boundary of each unit shall be the under surfaces of the joists which are the ceiling joists for the uppermost floor of such unit. The lateral boundary of a unit shall be the exterior plane of the perimeter walls. The lateral boundary of each intersecting unit and/or points of intersection between units shall be the interior unfinished surface of the walls at the point of intersection. All of the aforesaid boundaries shall be extended to the intersections with each other. Notwithstanding the foregoing, all exterior doors and doorjambs and glass surfaces, such as windows, including window frames, serving each unit shall be deemed to be included within the boundaries thereof; and all portions of the heating and air conditioning systems (including furaaces, compressors, conduits, wire, pipes, and the like) serving a single unit shall

BL 03275 ₽g 0486

be deemed to be included within the boundaries of that unit, irrespective of whether the same are located within the boundaries above described.

Relocation of Boundaries Between Units: The boundaries between adjoining units may be relocated from time to time, such relocations to be made in accordance with Section 27 of the Act.

7. LIMITED COMMON ELEMENTS: The limited common elements are those portions of the common elements which are reserved for the exclusive use of those persons who are entitled to the use of the units to which such limited common elements are assigned. The limited common elements shall be assigned as follows:

All portions of the common elements on which there is located any portion of the heating and air conditioning system serving a particular unit or units shall be limited common elements, reserved for the exclusive use of those persons who are entitled to use the unit or units which is or are served by such heating and air conditioning systems. For the purposes of this Declaration, decks serving a single unit shall constitute a limited common element as to the unit such deck serves.

ADDITIONAL LIMITED COMMON ELEMENTS: No portion of the common elements located on the property may be subsequently assigned as a limited common element, without the consent of the Owners of the two-thirds (2/3rds) of the units.

9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS: The percentage of undivided interest in the Common Elements allocated for each unit is set forth in Exhibit "B".

10. ALLOCATION OF VOTES IN THE ASSOCIATION: The owner of each unit in the Condominium shall be entitled to that number of votes in the Association equivalent to the percentage of the undivided interest in the common elements allocated to that unit as more particularly shown on Exhibit Bi, attached hereto and incorporated hereby by reference.

The persons entitled to exercise such votes at meetings of the Association, the method by which such votes may be exercised and the rights and obligations generally of members of the Association with regard to voting shall be in accordance with Section 44-3-79 of the Georgia Condominium Act and this Declaration.

Owner Consent. The consent of Owners holding at least 75% of the total votes in the Association and the approval of the holders of first mortgages on Units which represent al least 50% of the votes of Units shall that are subject to first mortgages shall be required to add or amend any material provisions of this declaration which establish, provide for, govern, or regulate any of the following:

B₺ 03275 ₽¿ 0487

Voting Rights;

(ii) Hazard or fidelity insurance requirements;

(iii) Rights to use of the Common Elements;

(iv) Responsibility for maintenance and repair of the condominium property; (V) Boundaries of any unit;

(vi) Convertibility of Units into Common Elements or Common Elements into Units; (vii) Imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit;

(vili) Leasing of Units;

(ix) Restoration or repair of the Condominium (afler damage or partial condemnation); (x) The further expansion or contraction of the Condominium Property beyond that provided in the Declaration, or the addition, annexation, or withdrawal of property to or from the Condominium;

(xi) Any provisions which are for the express benefit of the holders, insurers, or guarantors of first mortgages of the Units,

(xii) To establish self management; and

(xiii) To raise the Common charges more than 25% in any one year.

11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES: Each unit shall be allocated the liability for common expenses in proportion to its undivided interest in the Common Elements.

12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS: The powers of the Association and Board of Directors shall be as set forth, and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, this Declaration, the Articles of Incorporation and the By-Laws of the Association.

13. PREPARER OF DECLARATION: The name and address of the attorney who prepared this Declaration is Alec R. Hodson, Esq., Russell T. Quarterman, P.C., 1671 Meriweather Drive, Suite 103, Bogart, Georgia, 30622.

14. RESTRICTIONS: For the purpose of assuring the maximum enjoyment of the property by every unit owner and all of those persons entitled to occupy a unit, all of the residents thereof, the use of the property shall be only in accordance with the following provisions:

Use: All units shall be restricted exclusively to residential use. No unit or any limited common element, or any portion thereof, shall at any time be used for any commercial, business or professional purpose; provided that the Declarant may conduct sales and promotional activities on the property with respect to units owned by it and may maintain such units as model units; and provided further, that nothing contained in this Declaration shall be construed as prohibiting the use of units for rental purposes. The common elements shall be used exclusively for the decorative, convenience and service purposes for which they are intended.

BL 03275 ₽g Ü458

(b) Parking: Only passenger automobiles or a pick-up truck of a load bearing capacity of no more than one ton in operating condition with a then current effective liability insurance, license tag and operating sticker may be parked upon or in parking areas and spaces. The Board of Directors may cause property stored or parked in violation of the provisions of this Paragraph (b) to be moved at the expense of the unit owner who parked or stored the same or whose lessee, employee, invitee, or invitee parked or stored the same, or at the expense of the unit owner on whose behalf the same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and further storage shall be assessed against the unit owner liable for such cost hereunder, provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the parking area or common elements as are necessary to complete construction or provide maintenance to any unit, common element or limited common element.

Boats, trailers, trucks, motorcycles, mini-bikes, recreational vehicles or non-automobiles may be parked only in parking areas set aside by the Board of Directors for such purposes. These restrictions on recreational vehicles or non-automobiles may be enforced by the removal and storage in the same manner as for passenger automobiles, including the right of the Association to charge a fee for such removal and storage.

Provided, however, at the discretion of the Board, specific parking spaces may be assigned and designated to individual units.

(c) Motorcycles, Motor scooters, Go-Carts: Go-Carts are prohibited from use on any part of the Property. Motorcycles (including motor bikes or minibikes), motor scooters, and similar vehicles may be used only on the streets and the paved common elements, and then only for transportation to a unit and to leave the property, and not for recreation in itself or forạẠ¿oy ridingẠạ

(d) Prohibited Activities: No noxious or offensive activity shall be carried on in any unit, or upon any limited common element or common element. Each unit owner, his employees, lessees, invitees and guests, shall refrain from any act or use of his unit or limited common elements or common elements, which could reasonably cause embarrassment, discomfort, annoyance, or nuisance to any other occupant or occupants of the property.

(e) Nuisances: No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the property so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to the other occupants of the property. No nuisance shall be permitted to exist or operate upon any portion of the property. Without limiting the gencrality of any of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the property, or any portion thereof.

Bk 03275 Pg 0489

Leasing of Units: Except where otherwise delineated in this section, "Leasing," for purposes of this Declaration is prohibited. "Leasing" shall be defined as regular, exclusive occupancy of a Unit by any Person or Persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.

Leasing Exceptions. Leasing of Residential Units shall be governed by the following provisions:

(a) The Board shall have the authority to authorize the leasing of such unit or units in the Condominium on an individual basis if either the Declarant or the Board determines, at the sole discretion of either, that enforcement of the prohibition on unit leasing against a unit owner would create an undue hardship for said owner.

(b) Leasing of owner-occupied Units located within the Condominium shall be allowed, under the terms and conditions provided hereinbelow. "Owner Occupied"' as used herein in this section (I) shall mean at least one party who is a fee titleholder of record, or, at the determination of the Board, a responsible adult-child of at least one party who is a fee titleholder of record to the Unit subject to the lease and who, maintains said Unit, in good faith, as his or her primary residence. An example of leasing of owner-occupied Units authorized under this Declaration is a 'roommate-lease" or "roommate-agreement.

(c) The following shall apply to any leases described hereinabove:

All rentals must be for an initial term of no less than one (1) year. All leases shall be in writing and in a form approved by the Board prior to the effective date of the lease. There shall be no subleasing of Units or assignment of leases unless prior writtea approval is obtained from the Board. Where allowed, within seven (7) days after executing a lease agreement for the lease of a Unit, the Unit Owner shall provide the Board with a copy of the lease and the name of the lessee and all other people occupying the Unit. The Unit Owner must make available to the lessee copies of the Declaration, By-Laws and the rules and regulations. (3) Compliance with Declaration, By-Laws, and Rules and Regulations, Use of Common Elements and Liability for Assessments. Any lease of a Unit shall be deemed to contain the following provisions, whether or not expressly therein stated, and each Owner and each lessee, by occupancy of a Unit, covenants and agrees that any lease of a Unit shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by the existence of this covenant on the Unit;

в₺ 03275 PE 0490

(4) Compliance With Declaration, By-Laws, and Rules and Regulations. The lessee shall comply with all provisions of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Unit in order to ensure compliance with the foregoing. The Owner shall cause all Occupants of his or her Unit to comply with the Declaration, By-Laws, and regulations adopted pursuant thereto, and shall be responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto. In the event that the lessee, or a person living with lessee, violates the Declaration, By-Laws, or a rule or regulation for which a fine is imposed, notice of the violation shall be assessed against thee lessee in accordance with the By-Laws. If the fine is not paid by the lessee within the time period set by the Board, the Board may assess the fine against the Owner and the Owner shall pay the fine upon notice from the Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the Unit.

Where allowed herein in this section, the leasing of Units shall be subject to the provisions of the Declaration, the By-Laws and the Act. Any violation of the Declaration, By-Laws, or rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any person living with the lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Georgia law. The Owner of a Unit hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof. In the event the Association proceeds to evict the lessee, any costs, including attorneyẾees and court costs, associated with the eviction shall be an assessment and lien against the Unit.

(6) Use of Common Elements. Except where the Owner also occupies the Unit, the Owner transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner has to use the Common Elements of the Condominium, including, but not limited to, the use of any and all recreational facilities.

(7) Liability for Assessments. When a Unit Owner who is leasing his or her Unit fails to pay any annual, special or specific assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Board, lessee shall pay to the Association all unpaid annual, special and specific assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by the lessee. However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board's request. All such payments made by lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to lessor. If lessee fails to comply with the Board's request to pay assessments or other charges, lessee shall pay to the Association all amounts authorized under the Declaration as if lessee were an Owner. The above provision shall

B₺ 03275 ₽g_0491

not be construed to release the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.

Applicability. This shall not apply to any leasing transaction entered into by the Declarant, the Association, or the holder of any first Mortgage on a Unit who becomes the Owner of a Unit through foreclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgage.

Sale by Mortgagee: Should the holder of a first lien mortgage on any unit become the fee simple owner of such unit through foreclosure or any other means pursuant to the satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to sell under the power of sale contained in its mortgage, the sale of such fee simple interest or any lease or disposition of any interest in the unit by such mortgages pursuant to the satisfaction (in whole or in part) of the indebtedness secured thereby may be accomplished without regard to the restrictions contained in this Article 14; provided, however, that the purchaser or lessee of such unit from such mortgagee shall take title to such unit subject to all of the provisions of this Article 14, this Declaration and the Act.

Carding. Units may not be physically carded via signs or otherwise by unit owner's or their agents or representatives in a manner visible from outside a unit, including, but not limited to, signs stating "for sale" or "for rent". A Unit owner may, however, apply for a written waiver of this restriction from the Declarant or Association for approved signs in instances of personal or financial hardship. Nothing contained herein shall be construed to prevent the Declarant, Association, or their agents or representatives from advertising or carding units.

Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Condominium.

Firearms and Weaponry. The use of firearms and weaponry in the Condominium is prohibited. The term "firearms" includes, without limitation, B-B guns, "paint-ball" guns, pellet guns and archery equipment.

() Air-Conditioning Units. No window air conditioning units may be installed. (m) Arlificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be permitted on the exterior of any property. Exterior sculpture, fountains, flags and similar items must be approved in writing by the Association.

(n) Clotheslines. No exterior clotheslines of any type shall be permitted.

Bk 03275 PE 0492

Entry Features. Owners shall not alter, remove or add improvements to any entry features constructed or erected by the Declarant or the Association on any Unit, or any part of any easement area associated therewith, without prior written approval of the Declarant or Association.

Window Treatments. No flags, signs or other non-traditional window treatments shall be used which are visible from the exterior of any residential structure. All blinds and "mini-blinds' not installed by the Declarant shall be approved by the Association or the Declarant.

(q) Balconies. Where applicable, all furniture placed on balconies of unit shall be traditional outside porch furniture. non-complying furniture includes, but is not limited to, furniture designed to be housed inside a dwelling, small appliances such as refrigerators and temporary furniture. The Association reserves the right to remove, at Owner's expense, any furniture which in its sole discretion does not meet the criteria set forth herein, in accordance with the provisions contained herein in this Declaration.

Outdoor Grills. The use of gas or charcoal outdoor grills shall not be permitted the Association. except in barbeque areas located on the Common Area to be designated by the Declarant or by

15. REPAIR AND MAINTENANCE: The repair and maintenance of the property shall be in accordance with the following terms and conditions:

(a) Units: Each unit owner shall be responsible for the maintenance, repair, renovation, restoration, and replacement of all portions of his unit, including, without limitation, the heating, air conditioning and interior electrical and plumbing systems and exterior doors and doorjambs, glass surfaces, window frames and screens serving his unit. In addition, each unit owner shall be responsible for the maintenance, repair and replacement of any exterior lights serving his unit. All such maintenance, repair, renovation, restoration and replacement work shall be performed by each unit owner in such a manner so as to cause as little disturbance to the owners or tenants of the other units as is reasonably possible. Notwithstanding the foregoing; however, no unit owner shall allow his unit to remain in a state of disrepair. If a unit owner allows his unit to remain in a state of disrepair for a period of thirty (30) days after receipt of written notice to repair from the Association, the Association shall be entitled to correct said state of disrepair and specially assess the unit owner for the cost thereof. In addition, the Association shall be entitled to specially assess against an Owner all costs associated with damage caused to another Unit as a result of any disrepair or neglect (for example, the leakage of water from a hot water heater damaging an adjacent Unit).

B: 03275

Limited Common Elements: Each unit owner shall be responsible for the maintenance, repair, renovation, restoration and replacement of all of the limited common elements assigned to his unit. All such maintenance, repair, renovation, restoration and replacement work to be performed by the owner thereof shall be performed in such a manner so possible, and in keeping with the general architectural theme of the Seasons.

(c) Common Elements: The Association shall be responsible for the maintenance, repair, renovations, restoration and replacement of the common elements, except for the limited common elements for which the unit owners shall be responsible, as provided by Paragraph 15(b) above. The common areas are shown on the Plat. In performing such responsibility, the Association shall do the following:

Provide exterior maintenance upon all buildings containing units, including painting, repairing, replacing and caring for roofs, gutters, down spouts, and exterior walls and surfaces (except for exterior doors, doorjambs, and glass surfaces, window frames and window screens, for which the individual unit owners shall be responsible), landscape maintenance and the parking area maintenance (except for parking areas designated as limited common areas appurtenant to a unit).

2. Repair, replace and maintain all utility lines, pipes, wires and conduits serving the units (except for those forming a part of the heating and air conditioning and interior electrical and plumbing systems, for which the individual owners shall be responsible).

(d) Prohibited Changes: No unit owner shall paint or otherwise change the exterior appearance of his unit, or of any other portion of the property, including any of the limited common areas assigned to his unit, without having first obtained the written consent of the Association. Additionally, the design, type, location, size, intensity and color of all exterior lights (including both those mounted as part of the original design of the property and those

Maintenance Required by Unit Owners: In the event the Board of Directors shall determine that the need for maintenance or repairs by the Association as provided in Article 15(c) above is caused through the willful or negligent act of a unit owner, his lessee, or their sublessees, assignees, guests or invitees, then the cost of performing such maintenance or repair may, at the discretion of the Association, be added to and become a part of the assessments to which such unit owner is subject.

BL 03275 Pg 0494

16. PLAT AND PLANS: The Plat of Survey entitled, "As-Built and Condominium Plat For: The Seasonsi Sheets 1-2, dated December 19th, 2006, by Ben McLeroy and Associates, Inc., Ben McLeroy, Georgia RLS 1184, has been filed simultaneously with this Declaration and is recorded in the office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Condominium Plat Book C, Pages W1f-416Plans for the buildings which contain the units located on the properly with attached Architect's Certification, conforming to the requirements set forth in the Act, are being filed simultaneously with this Declaration in said Clerk's Office in the usual and customary place for filing condominium Plans in said Clerk's office. The Plat and Plans may be amended from time to time as additional Units are added to the Condominium via the expansion thereof pursuant to the terms of this Declaration.

17. CONTROL BY DECLARANT: Notwithstanding anything contained elsewhere in this Declaration, or in the Articles of Incorporation or By-Laws, which may be construed to the contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors and officer or officers of the Association and otherwise control the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to occur:

(a) upon the conveyance of at least eighty (80%) percent of the units which may be created pursuant to 5(b)5 above.

(b) Seven (7) years from the date of the recordation of this Declaration of Condominium.

(c) the surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declaration executed and recorded by the Declarant.

18. ASSESSMENTS: Assessments against the unit owners shall be made to raise funds to pay the common expenses of the property and shall be governed by the following provisions:

(a) Liability: Each unit owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his unit or units in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and By-Laws. In addition to exercising the remedies provided for in Article 18(g) below, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Article 18.

(b) Purpose: Assessments shall be levied against the unit owners and the units to defray the common expenses of the property. The common expenses of the property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include the following:

Bk 03275 Pg 0495 (I) Common utility bills and charges for other common services;

(ji) premiums for all insurance policies maintained by the Association;

placement work which is perfoonsity of the Association, reder Articlest teren and (iv) the maintenance, repair and replacement of the common areas;

(v) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses, and

(vi) the creation and maintenance of such reserve funds as are required to be maintained Directors shall determine. by the Association under Article 18(c) below, and such other reserve funds as the Board of

Budget, Payment Dates: No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (I) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (ii) shall make provisions for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Upon request, the Board of Directors shall furnish a copy of such budget to each unit owner, together with a written statement of the amount of such common expenses which shall be assessed against such unit owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each fiscal year and shall be payable to the Association in single annual payment which is on or before January 1 of each year. The Board of Directors shall be authorized to pro-rate the annual assessment into twelve monthly installments. In addition, any fees, charges, and other amounts payable by any unit owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.

Special Assessments: If for any reason, including nonpayment of any unit owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in Article 22(e)(I) of this Declaration.

BL: 03275 Pg 0496

Equal Assessment: Except as provided for differently herein in this Declaration, no expenses associated with the maintenance, repair, renovation, restoration, or replacement of any common element shall be specially assessed against the unit or units to which such limited common element is assigned.

Special Assessments for Capital Improvements: In addition to the assessments which shall be levied against the unit owners under Articles 18(b) and (d) above, the Board of Directors shall be authorized, upon the affirmative vote the owners of the units to which two-thirds (2/3ths) of the undivided interest in the common elements is allocated, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements. Any such special assessments for capital improvements shall be payable at such time and in such installments as the Board of Directors shall determine.

(g) Collection: In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a unit owner is liable, together with all other amounts as may be owned by such unit owner to the Association, as hereinafter provided.

In the event that any unit owner shall fail to pay any installments of any assessment levied against him within ten (10) days after such installment shall be due and payable, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such unit owner.

(11) In the event that any unit owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such unit owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:

(a) a late charge equal lo Ten Dollars ($10.00) or ten percent (10%) of the amount so due, whichever is the greater;

interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date the same were due and payable, at the rate of ten percent (10%) per annum, until paid;

(c) the cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and

(d) in the cvent the Association shall seek to foreclose its lien on the unit of such owner, the fair rental value of the unit from the time of the institution of suit until salę of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).

BL 03275 Pg 0497

(3) The lien for assessments in favor of the Association provided by the Act shall include all sums as may become payable by a unit owner to the Association pursuant to Articles 18(g)(I) and (g)(i1) above.

(4) The right of a unit owner, and all persons entitled to occupy the unit of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to any unit owned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any unit owner, or the occupants of any unit, access to the unit owned or occupied, nor cause any hazardous of unsanitary condition to exist.

(h) Fee for Statements of Amounts Due: The Association may require the payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant to Section 41(d) of the Act.

19. COMMON PROFITS: Any surplus remaining after the application of the common profits to the payment of the common expenses shall be either distributed to, or credited against, the next assessments chargeable to the unit owners, as the Board of Directors shall determine.

20. COMPLIANCE WITH CONDOMINIUM INSTRUMENTS: Every unit owner and all of those persons entitled to occupy a unit shall comply with all of the provisions of this Declaration, the Articles of Incorporation, the By-Laws, and all rules and regulations which shall be adopted by the Board of Directors in regard to the property. In the event of any breach or violation of any such provisions, the Association shall have the right to proceed at law or in equity to compel compliance therewith. In the event any unit owner shall permit or suffer to exist any condition in his unit or in the limited common elements assigned to his unit which is in violation of any of the foregoing provisions, the Association shall have the right to enter upon such unit or limited common clement and remove the thing or condition causing such violation, and the unit owner who permitted or caused such violation to exist shall be fully liable to the Association for all costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to the Association promptly upon demand. In no event shall the Association or its agents have any liability for so entering upon any portion of the property and removing such thing or condition. In the event the Association shall employ legal counsel to enforce any of the foregoing, the unit owner permitting or suffering such condition to exist shall pay all reasonable attorneys fees so incurred by the Association.

B₺ 03275 ₽¿ 0498

In addition to the foregoing remedies of the Association, the Board of Directors shall have the power to impose and assess fines against any unit owner who permits or suffers any condition to exist in violation of any of the foregoing provisions. All such fines shall be in an amount determined by the Board of Directors; provided, however, that no such fine shall exceed the sum of $25.00 for any one violation, but cach day a violation is continued or repeated afler the Board of Directors shall give the unit owner responsible for such violation a written notice of the same shall be considered a separate violation. No delay, failure or admission on the part of the Association in exercising any right, power or remedy herein provided shall be deemed a waiver of the right to do so thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. In no evenl shall the Board of Directors, or any of its agents, be liable to anyone whomsoever on account of any failure to bring any action on account of any violation or breach by any unit owner of any of the foregoing provisions.

21. INSURANCE: Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:

(a) Types of Insurance: The Association shall obtain and maintain the following insurance policies:

(I) a multi-peril casualty insurance policy covering the entire property, providing as a minimum for and extended coverage, vandalism and malicious mischief, on a replacement cost basis in an amount not less than one hundred (100%) percent of the full replacement cost of all structures within the Condominium. The name of the insured under such casualty insurance policy shall be stated as follows: "The Seasons Condominiums Association, Inc., for use and benefit of the individual unit owners of The Seasons Condominiums, Athens-Clarke County, Georgia". The amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or revaluation of the insured property not less frequently than once every two (2) years, or such other period as determined by the Board. Such casualty insurance policy shall contain the standard mortgages clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interest may appear.

(ii) A comprehensive policy of public liability insurance covering all of the common elements. Such hability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a unit owner because of the negligent acts of the Association or other unit owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any unit or other portion of the property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with cross liability endorsement to cover the unit owners as a group and shall include protection against water damage liability, and liability for property of others.

BL 03275 Pg 0499

(iii) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employees or volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named insured and shall be written in an amount which shall in no event be less than one and one-half times the Association's estimated annual common expenses and reserves.

(iv) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association and the unit owners.

Minimum Qualifications of Insurance Carriers: Each policy of insurance which the Association is required to maintain under the provisions of Article 21(a) shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A: VI or better and which is licensed to transact business within the State of Georgia.

(c) Minimum Qualifications of Insurance Policies: All policies of insurance which the Association is required to maintain under the provisions of Article 21(a) shall (a) not allow contributions or assessments to be made against the owner of any unit, or the holder of any mortgage upon any unit, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholder's or members (c) not include any limiting clauses (other than insurance conditions) which could prevent any unit owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in or cancellation of such policies.

(d) Unit Owner's Policies: The unit owners may carry at their own initiative and expense the following insurance policies:

(I) a building additions, betterments, and alterations endorsement to the master casualty insurance policy described in Article 21(a) hereof for the exclusive benefit of the particular unit owner, such unit owner to be liable for (and the Association to be in no way liable for) the premium for such endorsement; and

(ii) a "Tenant's or condominium owner's policy" covering the contents of his unit, personal injury and properly 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 unit owners or mortgagees, and no unit owner shall be entitled to exercise his right to maintain the additional insurance coverage set forth in this Article 21(d) in such a way as to decrease the amount which the Association may realize under any insurance policy which it may have in force on the property at any particular time.

B₺ 03275 Pg 0500

Proceeds on Account of Damage to Common Elements: Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements which does not exclusively serve any unit or units shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstructing or rebuilding the portion of such common elements so damaged or destroyed, as provided in Article 22(a)(1) of this Declaration. If it shall be determined in accordance with the provisions of Article 22(b) of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such portion of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the unit owners in proportion to their undivided interest in the common elements, such disbursement to be made payable jointly to the unit owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the ByLaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.

(f) Proceeds on Account of Damage to Units and Common Elements Exclusively Serving Units. In the event that any insurance proceed shall be paid to the Association on account of any damage to or destruction of any unit or units and/or any portion of the common elements exclusively serving such unit or units, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each unit which is so damaged or destroyed, or the common elements exclusively serving which units are so damaged or destroyed. The amount of insarance 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 as a consequence of the damage or destruction to such unit or units and/or the common elements exclusively serving such unit or units by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding the unit, and the common elements exclusively serving the unit, on behalf of which such account is credited, and the denominator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding all of the units and common elements as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Article 22(c) of this Declaration not to repair, reconstruct or rebuild any unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such unit shall be disbursed to the owner of such unit, such disbursement to be made jointly to the unit owner and his mortgagec. 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 unit owner shall pay for the cost of cleaning up and landscaping the property on which such unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or By-Laws of the Association which may be construed to the contrary, in no event shall any amounts as shall be held by the Association or the account of any unit owner pursuant to the provisions of this Article 21(f) be deemed to be common profits.

BL 03275 PE 0501

For purposes of Article 21(e) and Article 21(f), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.

22. DAMAGES OR DESTRUCTION OF PROPERTY: Repair, reconstruction or rebuilding of the property following damage to or destruction of all or any portion of the property shall be governed by the following provisions:

Estimates of the Cost of Repairs: As soon as practicable following the occurrence of any damage to or destruction of any portion of the property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the property so damaged or destroyed to substantially the same condition as such portion of the property was in prior to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of all claims arising under the insurance maintained by the Association as a result of such damage or destruction.

Determination to Repair, Reconstruct or Rebuilding Common Elements: Any damage to or destruction of the common elements will be repaired, reconstructed or rebuilt unless the owners of the units to which seventy-five (75%) percent of the votes in the Association are allocated shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.

(c) Determination to Repair, Reconstruct or Rebuild Units: The determination to repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:

(D any unit which is damaged, but not rendered untenantable, shall be repaired in all events.

(ii) in the event that any unit is so damaged or destroyed that such unit is thereby rendered untenantable, such unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (a) the owners of the unit which is so rendered untenantable, together with (b) the owners of the units to which sixty¿seven (67%) percent of the remaining votes in the Association (not including the vote of the owner of the unit which has been rendered untenantable by such casualty), and (c) the holders of sixty-seven (67%) percent of the first mortgages on the units within the Condominium (including the holder of any first mortgage on the unit which has been so rendered untenantable) shall all determine not to repair, reconstruct or rebuild such unit so rendered untenantable.

(iii) for purposes of this Article 22(c), a unit shall be deemed to be untenantable only if as a consequence of this occurrence of a fire or other casualty, such unit is not fit for present occupancy, and if the estimated costs of making repairs necessary to render such fit for present occupancy shall exceed one-half (½) of the fair market value of such unit prior to the occurrence of such casualty.

BE 03275 Pg. 0502

Manner of Repair, Reconstruction or Rebuilding: All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:

Common Elements: The damage shall be repaired, reconstructed or rebuilt substantially in accordance with the plans and specification for such damaged property prior to the occurrence of such damage.

Units: If the damage to be repaired, reconstructed or rebuilt is to any unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for such damaged unit prior to the occurrence of such damage.

(iii) All of the work of repairing, reconstruction or rebuilding any portion of the property, the damage to or destruction of which caused the payment of insurance benefits under insurance policies maintained by the Association, shall be pertormed under the supervision of the Board of Directors, which, in discharging such supervisory responsibilities, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board of Directors shall be a common expense of the Association.

(e). Costs of Repair, Reconstruction or Rebuilding:

(I) Common Elements: The cost of repairing, reconstruction or rebuilding any portion of the common elements which shall be damaged or destroyed and which does not exclusively serve any unit or units shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against all of the unit owners and units to raise the excess funds necessary to defray such costs.

(ii) Units and Common Elements Exclusively Serving Units: The cost of repairing, reconstructing or rebuilding each unit which shall be damaged or destroyed, and any portion of the common elements exclusively serving such unit which shall be damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on account of such damage or destruction and held by the Association on account for such unit, as provided in Article 21(f) of this Declaration. If the amounts which are held by the Association in the account for such unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against the owner of the unit on behalf of which such account was created to raise the excess funds necessary to defray such costs.

BL 03275 Pg 0503

For the purposes of this Article 22(e), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.

(F) CONDEMNATION. Any condemnation of any portions of the condominium shall be governed by the following provisions:

Deposit of Certain Condemnation Awards with Trustee. Condemnation awards pertaining to the taking of the Common Elements shall be paid over by each Unit Owner to the insurance Trustee for use as noted hereinafter in this section. In the event the Unil Owner fails to turn over such award as required, the defaulting Unit Owner shall be charged with the maximum interest which is allowed under Georgia Law until such amount is fully paid.

(b) Condemnation awards pertaining to the condemnation of Units shall not be the property of the Association.

(c) Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the manner provided for herein in this Declaration, as Amended, and as provided by the Act, for determining whether damaged property will be reconstructed and repaired after casualty. For this purpose, the taking by eminent domain also shall be deemed to be a casualty.

(d) Disbursement of Funds. If the Condominium is terminated following a condemnation, the proceeds of the awards pertaining to the condemnation of Common Elements will be deemed to be insurance proceeds and shall be owned and distributed in the manner provided with respect to the ownership and distribution of insurance proceeds if the

Condominium is terminated after a casualty. If the Condominium is not terminated after a condemnation, the size of the Condominium will be reduced and the Property damaged by the taking will be made usable in the manner provided below. The proceeds of any such awards shall be used for these purposes and shall be disbursed in the manner provided fur disbursement of funds by the insurance Trustee after a casualty, as otherwise provided for herein in this Declaration, as amended

(e) Condemnation of Common Elements. Awards for taking of portions of the Common Elements shall be used to render the remaining portion of the Common Elements usable in the manner approved by the Board of Directors of the Association; provided, however, that if the cost of such work shall exceed the balance of the funds from the awards for the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards for the taking of Common Elements, if any, shall be distributed, after adjustments to these shares effected pursuant hereto by reason of the taking, to each Unit Owner by check made payable to such Unit Owner and its respective mortgagee(s), in accordance with the other provisions of this Declaration, as amended.

BL 03275 ₽g_0504 (g) Condemnation of a Unit. If there is a taking of a Unit, the respective Unit Owner shall not be required to utilize any portion of the condemnation award with regard to reconstruction of a Unit. Following such taking of a Unit and the recording of a deed to the condemning authority, (1) the affected Unit Owner shall no longer have an ownership interest in the Unit or an undivided ownership interest in the Common Elements, and (2) such Unit Owner shall no longer be responsible for the payment of Common Expenses.

The following changes shall be made in the condominium following the taking as described in this Section.

(a) Addition to Common Elements. The remaining portion of that Unit, if any, shall become part of the Common Elements and shall be placed in a condition allowing, to the extent possible, for use by all of the Unit Owners in the manner approved by the Board of Directors.

Adjustment of Shares. The shares in the Common Elements, Common Expenses, and the shares in the Common Surplus, appurtenant to the Units that continue as part of the Condominium shall be adjusted to distribute the shares in the Common Elements, Common Expenses, and Common Surplus among the reduced number of Unit Owners (and among reduced Units). This distribution shall be determined by taking the fractional share of each Unit Owner in proportion to the number of Units remaining in the Condominium.

(c) Assessments. In the event the Association does not have the funds necessary to alter the remaining portion of condemned Unit for Use as a part of the Common Elements, the additional funds for such purposes shall be raised by Assessments against all of the Unit Owners who will continue as Owners of Units after changes to the Condominium effected by the Taking. The Assessments shall be made in proportion to the applicable percentage shares of those Owners after all adjustments to such shares effected pursuant hereto by reason of the taking.

(d) Amendment to Declaration. The changes in Units, in the Common Elements, and in the ownership of the Common Elements and share of the Common Expenses and the Common Surplus that are effected by the taking shall be evidenced by an amendment to this Declaration that is only required to be approved by, and executed upon the direction of the majority of the Board of Directors.

23. RULES AND REGULATIONS: The Board of Directors shall have the power and authority to adopt, make and amend reasonable rules and regulations in regard to the use of the units, limited common elements, and common elements. Copies of all such rules and regulations, and all amendments thereto, shall be furnished to all of the unit owners upon request.

24. EASEMENTS: The following easements shall be applicable to the property:

Encroachments: To the extent that any unit or common element encroaches on any other unit or any part of the common elements, whether by reason of any deviation from the survey or the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by reason of any overhang or the settling or shifting of any land or

B₺ 03275 ₽g_0505

improvement, a valid easement for said encroachment and for the maintenance of same, so long as it stands, shall exist.

(b) Utility and Other Easements: The Declarant and Association and the Board of Directors shall have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successors-in-tile to accept easements benefitting the Condominium or any portion thereof and to grant easements benefitting the properly, or any portion thereof, whether or not a part of the Condominium upon, across, over and under all of the property for ingress, egress, installation, replacing, and maintaining all utilities including, but not limited to, water, power, telephones, gas electricity, cable television and a master television antenna system. Such easements may grant to appropriate utility companies the right to erect and maintain the necessary poles and other necessary equipment on the property and to affix and maintain utility wires, circuits and conduits on, above, across and under the common elements, the units or the roofs and exterior walls of the residual dwellings or other improvements comprising part of any unit. In addition, the Declarant shall retain an irrevocable power as attorney-in-fact on behalf of all unit owners, the Association, and their successors-in-tile to grant any and all easements deemed needful and necessary by the Declarant to provide ingress, egress, and the installation, maintenance and replacement of all services and utilities needed for the future development of the Additional Property and other properties adjacent to the Condominium that may now or later be owned by the Declarant, its designees and successors in interest.

(c) Access to Units and Common Elements: Each unit owner shall afford to the other unit owners and to the Association, and to any directors, officers, agents or employee of either, such access through his unit and any limited common clements appurtenant thereto as may be responsibly necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements, including without limitation any limited common elements, or any unit through which access is taken, the Association or the unit owner occasioning such damage, whether by itself or through agents, employees or others, shall be liable for the prompt repair thereof. There is hereby (I) reserved in the Declarant, (11) granted to all policemen, firemen, ambulance personnel and all similar emergency personnel, as easement to enter upon the property or any part thereof in the proper performance of their respective duties. During the period that Declarant owns any unit or owns any interest in the property or any portion thereof, the Declarant shall have a transferable easement on, over, through, under and across the common elements for the purpose of making improvements contemplated by the condominium instruments on the property, or any portion thereof, for the purpose of installing, replacing, repairing and maintaining all utilities serving the property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith. There is further reserved in the Declarant, and its

successor-in-title a perpetual easement for the benefit of the property for ingress and egress over and across any road or drive which may now or hereafter be located on the property.

BL 03275 Pg 0506

25. CONTRACTS WITH DECLARANT: The term of any agreement as may be entered into between the Association and the Declarant, its designees or assigns, which provides for professional management of the Condominium or pursuant to which the Declarant is to provide any other services to the Condominium, shall in no event exceed three (3) years. In addition, aay such agreement shall be terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice. Provided, however, the terms of any contract set forth above shall be subject to the termination provisions of O.C.G.A. §44-3-101(c).

26. SEVERABILITY: The invalidity or unenforceability of any covenant, restriction or other provision of this Declaration shall not affect the validity or enforceability of any other covenant, restriction or provision of the Declaration.

27. CAPTIONS: The captions of all sections of this Declaration are inserted for convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions of the sections to which such captions relate.

28. MORTGAGEE'S RIGHTS: Notwithstanding any of the provisions of this Declaration or the Article of Incorporation or By-Laws of the Association, the following provisions are hereby adopted for the protection of the mortgagees of units within the condominium project, and to the extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or By-Laws of the Association, the following shall control:

The Association shall not take the following actions without the prior written approval of unit owners to which 80% of the votes in the Association appertain and all mortgagees of such units:

Seek to abandon or terminate the condominium project by act or omission; (ii) Change the prorata interest or obligations of any individual unit for the purpose of

(a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnations awards, or (b) determining the prorata share of ownership of each unit in the common elements;

(iii) Partition or subdivide any unit;

(1V) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements (other than the granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements); and

BL 03275 Pg 0507

(v) Use hazard insurance proceeds for losses to any condominium property (whether to units or to common elements) or other than the repair, replacement or reconstruction in the event of substantial loss to the units and/or common elements (in the event the determination is made to so repair, reconstruct or rebuild in accordance with this Agreement.

(b) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage on a unit shall not be hable for the unpaid dues or charges attributable to such unit which have accrued prior to the acquisition to title of such unit by the first mortgagee.

No provision of this Declaration, Articles of Incorporation or other Condominium Instrument shall be deemed to give a Unit Owner or any other Party Priority over any rights of the institutional First Mortgagees of Units Pursuant to pursuant to their mortgages in the case of distribution to Unit Owners of Insurance proceeds or condemnation awards for losses to or a taking of Units and or the Common Elements or any portion thereof or therein. In such event, the holder of any first mortgage on a Unit shall be entitled, upon specific written request, to timely written notice of any such loss.

(d) The Association shall give written notice to any first mortgagees of individual units of any loss to, or taking, of the common elements if such loss or taking exceed $10,000.00 or damage to a unit covered by a mortgagee exceeds $1,000.00.

(e) Any holder of a first lien mortgage upon any unit, upon its request, shall be entitled to a written notice from the Board of Directors of any default in the performance by the owner of the unit upon which such mortgagee holds such first lien mortgage of any obligation under this Declaration, thy By-Laws or the Condominium instruments which is not cured within sixty (60) days.

In addition to the foregoing, upon written request, each institutional First Mortgagee of a Unit and any holder, insurer, or guarantor of a first mortgage on a Unit shall have the right:

To examine current copies of the Declaration By-Laws, rules, regulations books, records and financial statements of the Association during the normal business hours;

To receive, without any charge and within a reasonable time after such request, any annual audited financial statement which has been prepared and distributed by the Association top the Unit Owners at the end of its fiscal year, provided, however, in the event such a statement is not available, the holders of 51% or more of the mortgages in the Units shall be entitled to have such an audited financial statement prepared at their expense;

BL 03275 ₽g 050₴

(iii) To receive, upon request, written notice of all meetings of the Association

and to designate an agent to attend such meetings;

(iv) To receive, upon request, written notice of any decision by the Unit

Owners to make a material amendment to the Declaration, By-Laws, or

articles of Incorporation of the Association;

(v) To receive, upon request, written notice of any lapse, cancellation, or

material modification of any insurance policy or fidelity bond maintained

by the Association; and

(vi) To receive written notice of any action which would require the consent of

a specified number of Institutional First Mortgagees.

29. Notwithstanding the foregoing, the Declarant or the Board of Directors, without the

necessity of a vote from the Owners, may unilaterally amend this Declaration or the By-Laws to

comply with any applicable state, city or federal law, and/or to bring the Condominium into

compliance with applicable guidelines of the Federal National Mortgage Association iẠạFannie

Mae"), the Department of Housing and Urban Development ("HUD''), and the Veterans

Administration ("VA"). Any action to challenge the validity of an amendment adopted under this

section must be brought within one (1) year of the effective date of such amendment. No action

to challenge such amendment may be brought after such time.

.....

BL 03275 Pr 0509

IN WITNESS WHEREOF, this deed has been duly executed and sealed by Grantor the day and year first above written.

THE SEASONS PARTNERS, LLC

By: THE C&C DEVELOPMENT COMPANY

Member

By: _(SEAL)

W.H. KIMBROUGH, President

By: THE SAMS GROUP, INC.

Member

By: (SEAL) Ali A Hadn ALEXANDER SAMS, President

Witness

insurans

NOTABL THE GALIS-VANDIVER DEVELOPMENT

CORPORATION, INC.

(SEAL) Sue,

(SEAL)

Mitness

Anstyrians [Corporate Seal]

Gee WrEstigry, 2007.

NOTARL

Bk 03275 Pg 0510

EXHIBIT "A"

Legal description of property submitted to the Condominium

All that tract or parcel of land with improvements thereon, containing 5.632 acres, more or less, lying and being in 1899th District, G.M.D., Athens-Clarke County, Georgia, and being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING, begin at a bolt located at the center line intersection of the rights of way of Research Drive and College Station Road; Run thence North 75 degrees 52 minutes 37 seconds East for a distance of 1831.94 feet to a ½ inch reinforcing rod found, which is the TRUE POINT OF BEGINNING; THENCE South 67 degrees 28 minutes 48 seconds East for an arc distance of 31.31 feet to a point; THENCE South 62 degrees 53 minutes 44 seconds East for an arc distance of 160.84 feet to a ½ inch reinforcing rod found; THENCE South 59 degrees 36 minutes 41 seconds East for a distance of 218.92 feet to a ½ inch reinforcing rod found; THENCE South 30 degrees 02 minutes 12 seconds West for a distance of 107.59 feet to a ½ inch reinforcing rod set; THENCE South 29 degrees 47 minutes 54 seconds West for an arc distance of 1.72 feet to a ½ inch reinforcing rod set; THENCE South 17 degrees 29 minutes 25 seconds West for an arc distance of 86.99 feet to a ½ inch reinforcing rod set; THENCE South 04 degrees 41 minutes 27 seconds East for an arc distance of 72.88 feet to a ½ inch reinforcing rod set; THENCE South 14 degrees 48 minutes 07 seconds East for a distance of 51.46 feet to a ½ inch reinforcing rod set; THENCE South 58 degrees 36 minutes 20 seconds West for a distance of 17.87 feet to a point; THENCE South 44 degrees 43 minutes 30 seconds West for an arc distance of 193.81 feet to a point; THENCE South 30 degrees 50 minutes 40 seconds West for a distance of 216.00 feet to a point; THENCE North 28 degrees 02 minutes 18 seconds West for a distance of 37.33 feet to a point; THENCE North 61 degrees 18 minutes 28 seconds West for a distance of 51.98 feet to a point; THENCE North 48 degrees 04 minutes 53 seconds West for a distance of 39.74 feet to a point; THENCE North 13 degrees 15 minutes 23 seconds West for a distance of 21.49 feet to a point; THENCE North 37 degrees 07 minutes 16 seconds West for a distance of 21.21 feet to a point; THENCE North 47 degrees 49 minutes 27 seconds West for a distance of 62.98 feet to a point; THENCE North 51 degrees 01 minutes 23 seconds West for a distance of 17.19 feet to a point; THENCE North 72 degrees 52 minutes 43 seconds West for a distance of 56.71 feet to a point; THENCE North 13 degrees 15 minutes 23 seconds East for a distance of 661.05 feet to a ½ inch reinforcing rod found which is the TRUE POINT OF BEGINNING.

Being the same property containing 5.632 acres, more or less, and being known and designated as, "The Seasons", including those forty-one (41) Residential Units known and designated as Units 101, 102, 103 and 104, Building 1, Units 201, 202, and 203, Building 2, Units 301, 302, 303 and 304, Building 3, Units 401, 402, 403, 404, and 405, Building 4, Units 501, 502, 503 and 504, Building 5, Units 601, 602, 603 and 604, Building 6, Units 701, 702 and 703, Building 7, Units 801, 802, 803 and 804, Building 8, Units 901, 902 and 903, Building 9, Units 1001, 1002, 1003 and 1004, Building 10, and Units 1101, 1102 and 1103, Building 11, together with all the common areas, amenities and limited common areas of the Seasons Condominiums, as shown on that Plat of Survey entitled, "As-Built and Condominium Plat For: "The Seasons", Sheets 1-2, dated December 19th, 2006, by Ben McLeroy and Associates, Inc., Ben McLeroy, Georgia RLS 1184, said Plat having been recorded in the Office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Plat Book, Pages F -41G, reference to which is hereby made for a more accurate description of the property herein submitted.

213' PAYED

LEGEND

I RENONE OD FOUND (OR AS NOTED B-PONT ONLY

O-POHERYAPI TELEPHONE(P), LICH I(LA) POLE A -WATER VALVE

#-FRE HYDRANT

P: 0511

Bb 03275

(1) OUR SURVET FOR CAUS VANOVER DEVELOPMENT

CORA.. DATED 12, 2001

(2) DUR

DEC, 5. 20CS AND LAST RENSED NOV.

ORIVE

OCOS FRANCHISE

COMPANY, ING

SURVEY NOJES

1) EDUPMENT USED; 01ồ THEODOLITE AND E.D.M.,

02" PER STATION, ADJUSTED

COMMONS AT ATHENS, LC

SEE SHEET 2 FOR ADDITINAL INFORMANON

SBUALT ANO CON

THE SEASONS

SHEET 1 OF Zł

COUNTY. CLARKE 1899 STATE: GEORGIA DA TE: DEC. 19, 2005łą 1°~60* Dom. Or: STEPHEN: FOLDSDOM: FILE MOL 921 10212-Ra:

B₺ 03275 Pg 0512

EXHIBIT IBI

ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS: The percentage of undivided interest in the Common Elements allocated for each Unit shall be based on each unit, as a fraction of the total number of units in the Condominium. As of the recording of this Declaration, there are 41 units in the Condominium. Therefore, the present undivided interest in the Common Elements for each unit is 1/41.

ALLOCATION OF LIABILITY FOR COMMON EXPENSES: Each unit shall be allocated the liability for common expenses in proportion to its undivided interest in the Common Elements. ALLOCATION OF VOTES IN THE ASSOCIATION: Each Owner shall be entitled to one (1) equally weighed vote for each Unit in which such Owner holds the interest required for membership, which vote shall be appurtenant to such Unit. The persons entitled to exercise such votes at meetings of the Association; the method by which such votes may be exercised and the rights and obligations generally of members of the Association with regard to voting shall be in accordance with Section 44-3-79 of the Georgia Condominium Act, the Condominium Instruments and this Declaration.

Deed Doc: CHDO

Recorded 03/05/2007 02:24PM Beverly Logan

Cleik Superior Court, Athens-Clarke County, Ga. B: 03275 P 0481-0530

DECLARATION OF CONDOMINIUM

OF

THE SEASONS CONDOMINIUMS

ATHENS-CLARKE COUNTY, GEORGIA

A Condominium Pursuant to

The Georgia Condominium Act,

O.C.G.A. §44-3-70, et seq.

UPON RECORDING RETURN TO:

Russell T. Quarterman, P.C.

c/o Alec R. Hodson, Esq.

Attoreys and Counselors at Law

1671 Meriweather Drive, Suite 103

Bogart, Georgia 30622

Phone: (706)543-7777

Facsimile: (706)543-1844

rtqpc@negia.net

BL 03275 Pg 0482

DECLARATION OF CONDOMINIUM

OF

THE SEASONS CONDOMINIUMS

ATHENS-CLARKE COUNTY, GEORGIA

THIS DECLARATION is made, executed and recorded to submit the property hereinafter described and the improvement thereon to the condominium form of ownership under the Georgia Condominium Act.

SUBMISSION: The Seasons Partners, LLC and The Galis-Vandiver Development Corporation, Inc., as the owners of the property described as The Seasons At Oakbrook, on that Plat of Survey entitled, "As-Built and Condominium Plat For: The Seasons", Sheets 1-2, dated December 19th, 2006, by Ben McLeroy and Associates, Inc., Ben McLeroy, Georgia RLS 1184, said Plat having been recorded in the Office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Plat Book C, Pages 41 F61G, reference to which is hereby made for a more accurate description thereof, does hereby submit portions of such property and the improvements constructed thereon pursuant to the provisions of the Georgia Condominium Act, Act 463, Georgia Laws 1975, p. 609, as amended, (the "Act"). From and after the date this Declaration is recorded with the Clerk of the Superior Court of Athens-Clarke County, Georgia, such property and all of the improvements constructed thereon, shall be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and rohibit A this he hereto and i corporate Teren by ry steited hereunder is described in

2. DEFINITIONS: Unless the context requires otherwise the terms defined in the Act shall have the same meanings for purposes of this Declaration as are described to them by the Act. In addition, as used in this Declaration, the Articles of Incorporation, the By-Laws and the other condominium instruments, the following terms shall have the meanings indicated herein below, all of such definitions being cumulative of these contained elsewhere in this Declaration.

(a) "Act" shall mean the Georgia Condominium Act, Act 463, Georgia Laws, 1975, p. 609, as the same is or may be hereinafter amended.

(b) "Additional Property" shall mean any property located adjacent to the submitted property that may be submitted by the Declarant to the Condominium from time to time via one or more amendments hereto and via the recording of an amended Plat and Plans in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia. The Additional property is more specifically described hereinbelow and in Exhibit DI attached hereto and incorporated herein by reference.

(c) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.

BL 03275 PE 0483

"Association" shall mean The Seasons Condominium Association, Inc., a Georgia non-profit membership corporation formed for the purpose of exercising the powers of the Association under this Declaration, the Articles of Incorporation, the By-Laws, and the Act.

"Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation, the By-Laws, and the Act. The Board of Directors shall be the governing body of the Association.

"By-Laws" shall mean the By-Laws of the Association, as the same may be hereafter amended.

(g) "Declarant' shall mean The Seasons Partners, LLC, and The Galis Vandiver Development Corporation, Inc., their successors and assigns.

(h) "First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of trust on a unit and its undivided interest in the common elements which gives to the holder thereof a first and superior lien and security title on and to such unit and undivided interest.

() "The Property" shall include all that property submitted hereunder to this Declaration and such property as to be added via amendment thereto in the future.

3. NAME: The name of the Condominium is The Seasons Condominiums. 4. COUNTY: The Condominium is located in Athens-Clarke County, Georgia. 5. DEVELOPMENT PLAN:

(A) Development of the Property: The Condominium shall consist of forty-one (41) Residential Units known and designated as Units 101, 102, 103 and 104, Building 1, Units 201, 202, and 203, Building 2, Units 301, 302, 303 and 304, Building 3, Units 401, 402, 403, 404, and 405, Building 4, Units 501, 502, 503 and 504, Building 5, Units 601, 602, 603 and 604, Building 6, Units 701, 702 and 703, Building 7, Units 801, 802, 803 and 804, Building 8, Units 901, 902 and 903, Building 9, Units 1001, 1002, 1003 and 1004, Building 10, and Units 1101, 1102 and 1103, Building 11, each unit including a certain parcel of land and the residential units located thereon.

The Property initially submitted herein and more fully described on Exhibit "A" shall mean all that tract or parcel of land and all improvements thereon described as The Seasons Condominiums, including those forty-one (41) Residential Units known and designated as Units 101, 102, 103 and 104, Building 1, Units 201, 202, and 203, Building 2, Units 301, 302, 303 and 304, Building 3, Units 401, 402, 403, 404, and 405, Building 4, Units 501, 502, 503 and 504, Building 5, Units 601, 602, 603 and 604, Building 6, Units 701, 702 and 703, Building 7, Units 801, 802, 803 and 804, Building 8, Units 901, 902 and 903, Building 9, Units 1001, 1002, 1003 and 1004, Building 10, and Units 1101, 1102 and 1103, Building 11, together with all the

B₺ 03275 Pg 0484

common areas and limited common of the condominium as shown on the Plat and Plans for the condominium and as defined hereinbelow in this Declaration. Any units shown on the Plat as, "Not Yet Begun" shall be completed pursuant to the requirements of the Act.

The Plat in conjunction with the Plans recorded therewith, show the location and dimensions of the property, the location and dimensions of the vertical boundaries of each completed unit, the location and dimensions of all completed structural improvements located on the property, the extent feasible, the location and easements to which the property is subject, the identifying numbers of the completed units located on the property and the location and dimensions of any limited common elements appurtenant to each unit. The units on the property shall be constructed substantially in accordance with the Plat and the Plans which have been filed simultaneously with the filing of this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia. The Plat and Plans may be amended and supplemented periodically in the event Additional Property is added under this Declaration and added to the Condominium as provided in subsection (b) hereinbelow.

Option to Submit Additional Property. The Declarant hereby specifically reserves an option to further expand this condominium by the addition of Additional Property from time to time that is located adjacent to the property herein submitted, subject to the following terms and conditions.

The Option shall terminate no later than seven (7) years from the date of the recording of this Declaration, unless renewed in writing by the Declarant prior to the expiration.

2. The legal description of the Additional Property, including any horizontal, upper and lower, boundaries as well as the vertical and lateral boundaries is attached hereto as Exhibit

3. Except as otherwise provided herein, there are no limitations concerning additional property with regard to the following.

a. the time of the addition of property

b. the order of the addition of property

c. the boundaries of additional property

4. Except as specifically provided otherwise herein, there are no limitations as to any improvements that may be made on any portions of additional property.

The maximum number of unils which may be created on the additional property is such maximum number as is allowed by the Unified Government of Athens-Clarke County, Georgia.

BL 03275 P§ 0485 6. All units created on the additional property will be restricted exclusively to residential use. Provided, however, in the event that the government of Athens-Clarke County, Georgia, later allows for non-residential use on the additional property, such uses shall be permitted at the discretion of the Declarant.

7. Except as specifically provided otherwise herein, there are no assurances made concerning any other improvements which will be made on the additional property or any limitation of any improvements made thereon.

The Declarant reserves the right to create limited common elements within any portion of the additional property or to designate common elements which may be subsequently assigned as limited common elements subject to no limitation.

Upon the expansion of the condominium from time to time via the addition of Additional Property thereto, the voting interest in the Association and the undivided interest in the common elements shall be adjusted and recomputed based on an individual unit, as a fraction of the total number of submitted units in the Condominium, as defined by this Declaration, as amended from time to time and pursuant to the formula which described in Exhibit "D". 10. For the purposes of this Declaration, because the Declarant consists of two constituent entities, specifically The Seasons Partners, LLC and The Galis-Vandiver Development Corporation, Inc., any instruments effectuating or implementing the expansion of the Condominium via the addition of Additional Property thereto, as provided for hereinabove, shall require the written authorization of both The Seasons Partners, LLC and The Galis-Vandiver Development Corparation, Inc.

6. UNITS: Each unit together with its undivided interest in the common elements shall for all purposes constitute a separate parcel of real property, which may be owned, held, transferred, sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same manner as any other separate parcel of real property, subject to the provisions of this Declaration and the Act. Each unit owner shall be entitled to the exclusive ownership and possession of the unit or units owned by him, subject to the provisions of this Declaration and the Act. Each unit shall include all of the space and improvements within the boundaries thereof.

(a) Boundaries: Any ground level unit shall have no lower boundary. As such, ground level units include the earth lying under such unit(s). If applicable, any unit which is not a ground level unit shall have a lower boundary which coincides with the upper boundary of the unit directly below. The upper boundary of each unit shall be the under surfaces of the joists which are the ceiling joists for the uppermost floor of such unit. The lateral boundary of a unit shall be the exterior plane of the perimeter walls. The lateral boundary of each intersecting unit and/or points of intersection between units shall be the interior unfinished surface of the walls at the point of intersection. All of the aforesaid boundaries shall be extended to the intersections with each other. Notwithstanding the foregoing, all exterior doors and doorjambs and glass surfaces, such as windows, including window frames, serving each unit shall be deemed to be included within the boundaries thereof; and all portions of the heating and air conditioning systems (including furaaces, compressors, conduits, wire, pipes, and the like) serving a single unit shall

BL 03275 ₽g 0486

be deemed to be included within the boundaries of that unit, irrespective of whether the same are located within the boundaries above described.

Relocation of Boundaries Between Units: The boundaries between adjoining units may be relocated from time to time, such relocations to be made in accordance with Section 27 of the Act.

7. LIMITED COMMON ELEMENTS: The limited common elements are those portions of the common elements which are reserved for the exclusive use of those persons who are entitled to the use of the units to which such limited common elements are assigned. The limited common elements shall be assigned as follows:

All portions of the common elements on which there is located any portion of the heating and air conditioning system serving a particular unit or units shall be limited common elements, reserved for the exclusive use of those persons who are entitled to use the unit or units which is or are served by such heating and air conditioning systems. For the purposes of this Declaration, decks serving a single unit shall constitute a limited common element as to the unit such deck serves.

ADDITIONAL LIMITED COMMON ELEMENTS: No portion of the common elements located on the property may be subsequently assigned as a limited common element, without the consent of the Owners of the two-thirds (2/3rds) of the units.

9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS: The percentage of undivided interest in the Common Elements allocated for each unit is set forth in Exhibit "B".

10. ALLOCATION OF VOTES IN THE ASSOCIATION: The owner of each unit in the Condominium shall be entitled to that number of votes in the Association equivalent to the percentage of the undivided interest in the common elements allocated to that unit as more particularly shown on Exhibit Bi, attached hereto and incorporated hereby by reference.

The persons entitled to exercise such votes at meetings of the Association, the method by which such votes may be exercised and the rights and obligations generally of members of the Association with regard to voting shall be in accordance with Section 44-3-79 of the Georgia Condominium Act and this Declaration.

Owner Consent. The consent of Owners holding at least 75% of the total votes in the Association and the approval of the holders of first mortgages on Units which represent al least 50% of the votes of Units shall that are subject to first mortgages shall be required to add or amend any material provisions of this declaration which establish, provide for, govern, or regulate any of the following:

B₺ 03275 ₽¿ 0487

Voting Rights;

(ii) Hazard or fidelity insurance requirements;

(iii) Rights to use of the Common Elements;

(iv) Responsibility for maintenance and repair of the condominium property; (V) Boundaries of any unit;

(vi) Convertibility of Units into Common Elements or Common Elements into Units; (vii) Imposition of any right of first refusal or similar restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit;

(vili) Leasing of Units;

(ix) Restoration or repair of the Condominium (afler damage or partial condemnation); (x) The further expansion or contraction of the Condominium Property beyond that provided in the Declaration, or the addition, annexation, or withdrawal of property to or from the Condominium;

(xi) Any provisions which are for the express benefit of the holders, insurers, or guarantors of first mortgages of the Units,

(xii) To establish self management; and

(xiii) To raise the Common charges more than 25% in any one year.

11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES: Each unit shall be allocated the liability for common expenses in proportion to its undivided interest in the Common Elements.

12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS: The powers of the Association and Board of Directors shall be as set forth, and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, this Declaration, the Articles of Incorporation and the By-Laws of the Association.

13. PREPARER OF DECLARATION: The name and address of the attorney who prepared this Declaration is Alec R. Hodson, Esq., Russell T. Quarterman, P.C., 1671 Meriweather Drive, Suite 103, Bogart, Georgia, 30622.

14. RESTRICTIONS: For the purpose of assuring the maximum enjoyment of the property by every unit owner and all of those persons entitled to occupy a unit, all of the residents thereof, the use of the property shall be only in accordance with the following provisions:

Use: All units shall be restricted exclusively to residential use. No unit or any limited common element, or any portion thereof, shall at any time be used for any commercial, business or professional purpose; provided that the Declarant may conduct sales and promotional activities on the property with respect to units owned by it and may maintain such units as model units; and provided further, that nothing contained in this Declaration shall be construed as prohibiting the use of units for rental purposes. The common elements shall be used exclusively for the decorative, convenience and service purposes for which they are intended.

BL 03275 ₽g Ü458

(b) Parking: Only passenger automobiles or a pick-up truck of a load bearing capacity of no more than one ton in operating condition with a then current effective liability insurance, license tag and operating sticker may be parked upon or in parking areas and spaces. The Board of Directors may cause property stored or parked in violation of the provisions of this Paragraph (b) to be moved at the expense of the unit owner who parked or stored the same or whose lessee, employee, invitee, or invitee parked or stored the same, or at the expense of the unit owner on whose behalf the same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and further storage shall be assessed against the unit owner liable for such cost hereunder, provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the parking area or common elements as are necessary to complete construction or provide maintenance to any unit, common element or limited common element.

Boats, trailers, trucks, motorcycles, mini-bikes, recreational vehicles or non-automobiles may be parked only in parking areas set aside by the Board of Directors for such purposes. These restrictions on recreational vehicles or non-automobiles may be enforced by the removal and storage in the same manner as for passenger automobiles, including the right of the Association to charge a fee for such removal and storage.

Provided, however, at the discretion of the Board, specific parking spaces may be assigned and designated to individual units.

(c) Motorcycles, Motor scooters, Go-Carts: Go-Carts are prohibited from use on any part of the Property. Motorcycles (including motor bikes or minibikes), motor scooters, and similar vehicles may be used only on the streets and the paved common elements, and then only for transportation to a unit and to leave the property, and not for recreation in itself or forạẠ¿oy ridingẠạ

(d) Prohibited Activities: No noxious or offensive activity shall be carried on in any unit, or upon any limited common element or common element. Each unit owner, his employees, lessees, invitees and guests, shall refrain from any act or use of his unit or limited common elements or common elements, which could reasonably cause embarrassment, discomfort, annoyance, or nuisance to any other occupant or occupants of the property.

(e) Nuisances: No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the property so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to the other occupants of the property. No nuisance shall be permitted to exist or operate upon any portion of the property. Without limiting the gencrality of any of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the property, or any portion thereof.

Bk 03275 Pg 0489

Leasing of Units: Except where otherwise delineated in this section, "Leasing," for purposes of this Declaration is prohibited. "Leasing" shall be defined as regular, exclusive occupancy of a Unit by any Person or Persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.

Leasing Exceptions. Leasing of Residential Units shall be governed by the following provisions:

(a) The Board shall have the authority to authorize the leasing of such unit or units in the Condominium on an individual basis if either the Declarant or the Board determines, at the sole discretion of either, that enforcement of the prohibition on unit leasing against a unit owner would create an undue hardship for said owner.

(b) Leasing of owner-occupied Units located within the Condominium shall be allowed, under the terms and conditions provided hereinbelow. "Owner Occupied"' as used herein in this section (I) shall mean at least one party who is a fee titleholder of record, or, at the determination of the Board, a responsible adult-child of at least one party who is a fee titleholder of record to the Unit subject to the lease and who, maintains said Unit, in good faith, as his or her primary residence. An example of leasing of owner-occupied Units authorized under this Declaration is a 'roommate-lease" or "roommate-agreement.

(c) The following shall apply to any leases described hereinabove:

All rentals must be for an initial term of no less than one (1) year. All leases shall be in writing and in a form approved by the Board prior to the effective date of the lease. There shall be no subleasing of Units or assignment of leases unless prior writtea approval is obtained from the Board. Where allowed, within seven (7) days after executing a lease agreement for the lease of a Unit, the Unit Owner shall provide the Board with a copy of the lease and the name of the lessee and all other people occupying the Unit. The Unit Owner must make available to the lessee copies of the Declaration, By-Laws and the rules and regulations. (3) Compliance with Declaration, By-Laws, and Rules and Regulations, Use of Common Elements and Liability for Assessments. Any lease of a Unit shall be deemed to contain the following provisions, whether or not expressly therein stated, and each Owner and each lessee, by occupancy of a Unit, covenants and agrees that any lease of a Unit shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by the existence of this covenant on the Unit;

в₺ 03275 PE 0490

(4) Compliance With Declaration, By-Laws, and Rules and Regulations. The lessee shall comply with all provisions of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Unit in order to ensure compliance with the foregoing. The Owner shall cause all Occupants of his or her Unit to comply with the Declaration, By-Laws, and regulations adopted pursuant thereto, and shall be responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto. In the event that the lessee, or a person living with lessee, violates the Declaration, By-Laws, or a rule or regulation for which a fine is imposed, notice of the violation shall be assessed against thee lessee in accordance with the By-Laws. If the fine is not paid by the lessee within the time period set by the Board, the Board may assess the fine against the Owner and the Owner shall pay the fine upon notice from the Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the Unit.

Where allowed herein in this section, the leasing of Units shall be subject to the provisions of the Declaration, the By-Laws and the Act. Any violation of the Declaration, By-Laws, or rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any person living with the lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Georgia law. The Owner of a Unit hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof. In the event the Association proceeds to evict the lessee, any costs, including attorneyẾees and court costs, associated with the eviction shall be an assessment and lien against the Unit.

(6) Use of Common Elements. Except where the Owner also occupies the Unit, the Owner transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner has to use the Common Elements of the Condominium, including, but not limited to, the use of any and all recreational facilities.

(7) Liability for Assessments. When a Unit Owner who is leasing his or her Unit fails to pay any annual, special or specific assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Board, lessee shall pay to the Association all unpaid annual, special and specific assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by the lessee. However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board's request. All such payments made by lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to lessor. If lessee fails to comply with the Board's request to pay assessments or other charges, lessee shall pay to the Association all amounts authorized under the Declaration as if lessee were an Owner. The above provision shall

B₺ 03275 ₽g_0491

not be construed to release the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.

Applicability. This shall not apply to any leasing transaction entered into by the Declarant, the Association, or the holder of any first Mortgage on a Unit who becomes the Owner of a Unit through foreclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgage.

Sale by Mortgagee: Should the holder of a first lien mortgage on any unit become the fee simple owner of such unit through foreclosure or any other means pursuant to the satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to sell under the power of sale contained in its mortgage, the sale of such fee simple interest or any lease or disposition of any interest in the unit by such mortgages pursuant to the satisfaction (in whole or in part) of the indebtedness secured thereby may be accomplished without regard to the restrictions contained in this Article 14; provided, however, that the purchaser or lessee of such unit from such mortgagee shall take title to such unit subject to all of the provisions of this Article 14, this Declaration and the Act.

Carding. Units may not be physically carded via signs or otherwise by unit owner's or their agents or representatives in a manner visible from outside a unit, including, but not limited to, signs stating "for sale" or "for rent". A Unit owner may, however, apply for a written waiver of this restriction from the Declarant or Association for approved signs in instances of personal or financial hardship. Nothing contained herein shall be construed to prevent the Declarant, Association, or their agents or representatives from advertising or carding units.

Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Condominium.

Firearms and Weaponry. The use of firearms and weaponry in the Condominium is prohibited. The term "firearms" includes, without limitation, B-B guns, "paint-ball" guns, pellet guns and archery equipment.

() Air-Conditioning Units. No window air conditioning units may be installed. (m) Arlificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation shall be permitted on the exterior of any property. Exterior sculpture, fountains, flags and similar items must be approved in writing by the Association.

(n) Clotheslines. No exterior clotheslines of any type shall be permitted.

Bk 03275 PE 0492

Entry Features. Owners shall not alter, remove or add improvements to any entry features constructed or erected by the Declarant or the Association on any Unit, or any part of any easement area associated therewith, without prior written approval of the Declarant or Association.

Window Treatments. No flags, signs or other non-traditional window treatments shall be used which are visible from the exterior of any residential structure. All blinds and "mini-blinds' not installed by the Declarant shall be approved by the Association or the Declarant.

(q) Balconies. Where applicable, all furniture placed on balconies of unit shall be traditional outside porch furniture. non-complying furniture includes, but is not limited to, furniture designed to be housed inside a dwelling, small appliances such as refrigerators and temporary furniture. The Association reserves the right to remove, at Owner's expense, any furniture which in its sole discretion does not meet the criteria set forth herein, in accordance with the provisions contained herein in this Declaration.

Outdoor Grills. The use of gas or charcoal outdoor grills shall not be permitted the Association. except in barbeque areas located on the Common Area to be designated by the Declarant or by

15. REPAIR AND MAINTENANCE: The repair and maintenance of the property shall be in accordance with the following terms and conditions:

(a) Units: Each unit owner shall be responsible for the maintenance, repair, renovation, restoration, and replacement of all portions of his unit, including, without limitation, the heating, air conditioning and interior electrical and plumbing systems and exterior doors and doorjambs, glass surfaces, window frames and screens serving his unit. In addition, each unit owner shall be responsible for the maintenance, repair and replacement of any exterior lights serving his unit. All such maintenance, repair, renovation, restoration and replacement work shall be performed by each unit owner in such a manner so as to cause as little disturbance to the owners or tenants of the other units as is reasonably possible. Notwithstanding the foregoing; however, no unit owner shall allow his unit to remain in a state of disrepair. If a unit owner allows his unit to remain in a state of disrepair for a period of thirty (30) days after receipt of written notice to repair from the Association, the Association shall be entitled to correct said state of disrepair and specially assess the unit owner for the cost thereof. In addition, the Association shall be entitled to specially assess against an Owner all costs associated with damage caused to another Unit as a result of any disrepair or neglect (for example, the leakage of water from a hot water heater damaging an adjacent Unit).

B: 03275

Limited Common Elements: Each unit owner shall be responsible for the maintenance, repair, renovation, restoration and replacement of all of the limited common elements assigned to his unit. All such maintenance, repair, renovation, restoration and replacement work to be performed by the owner thereof shall be performed in such a manner so possible, and in keeping with the general architectural theme of the Seasons.

(c) Common Elements: The Association shall be responsible for the maintenance, repair, renovations, restoration and replacement of the common elements, except for the limited common elements for which the unit owners shall be responsible, as provided by Paragraph 15(b) above. The common areas are shown on the Plat. In performing such responsibility, the Association shall do the following:

Provide exterior maintenance upon all buildings containing units, including painting, repairing, replacing and caring for roofs, gutters, down spouts, and exterior walls and surfaces (except for exterior doors, doorjambs, and glass surfaces, window frames and window screens, for which the individual unit owners shall be responsible), landscape maintenance and the parking area maintenance (except for parking areas designated as limited common areas appurtenant to a unit).

2. Repair, replace and maintain all utility lines, pipes, wires and conduits serving the units (except for those forming a part of the heating and air conditioning and interior electrical and plumbing systems, for which the individual owners shall be responsible).

(d) Prohibited Changes: No unit owner shall paint or otherwise change the exterior appearance of his unit, or of any other portion of the property, including any of the limited common areas assigned to his unit, without having first obtained the written consent of the Association. Additionally, the design, type, location, size, intensity and color of all exterior lights (including both those mounted as part of the original design of the property and those

Maintenance Required by Unit Owners: In the event the Board of Directors shall determine that the need for maintenance or repairs by the Association as provided in Article 15(c) above is caused through the willful or negligent act of a unit owner, his lessee, or their sublessees, assignees, guests or invitees, then the cost of performing such maintenance or repair may, at the discretion of the Association, be added to and become a part of the assessments to which such unit owner is subject.

BL 03275 Pg 0494

16. PLAT AND PLANS: The Plat of Survey entitled, "As-Built and Condominium Plat For: The Seasonsi Sheets 1-2, dated December 19th, 2006, by Ben McLeroy and Associates, Inc., Ben McLeroy, Georgia RLS 1184, has been filed simultaneously with this Declaration and is recorded in the office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Condominium Plat Book C, Pages W1f-416Plans for the buildings which contain the units located on the properly with attached Architect's Certification, conforming to the requirements set forth in the Act, are being filed simultaneously with this Declaration in said Clerk's Office in the usual and customary place for filing condominium Plans in said Clerk's office. The Plat and Plans may be amended from time to time as additional Units are added to the Condominium via the expansion thereof pursuant to the terms of this Declaration.

17. CONTROL BY DECLARANT: Notwithstanding anything contained elsewhere in this Declaration, or in the Articles of Incorporation or By-Laws, which may be construed to the contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors and officer or officers of the Association and otherwise control the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to occur:

(a) upon the conveyance of at least eighty (80%) percent of the units which may be created pursuant to 5(b)5 above.

(b) Seven (7) years from the date of the recordation of this Declaration of Condominium.

(c) the surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declaration executed and recorded by the Declarant.

18. ASSESSMENTS: Assessments against the unit owners shall be made to raise funds to pay the common expenses of the property and shall be governed by the following provisions:

(a) Liability: Each unit owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his unit or units in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and By-Laws. In addition to exercising the remedies provided for in Article 18(g) below, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Article 18.

(b) Purpose: Assessments shall be levied against the unit owners and the units to defray the common expenses of the property. The common expenses of the property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include the following:

Bk 03275 Pg 0495 (I) Common utility bills and charges for other common services;

(ji) premiums for all insurance policies maintained by the Association;

placement work which is perfoonsity of the Association, reder Articlest teren and (iv) the maintenance, repair and replacement of the common areas;

(v) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses, and

(vi) the creation and maintenance of such reserve funds as are required to be maintained Directors shall determine. by the Association under Article 18(c) below, and such other reserve funds as the Board of

Budget, Payment Dates: No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (I) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (ii) shall make provisions for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Upon request, the Board of Directors shall furnish a copy of such budget to each unit owner, together with a written statement of the amount of such common expenses which shall be assessed against such unit owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each fiscal year and shall be payable to the Association in single annual payment which is on or before January 1 of each year. The Board of Directors shall be authorized to pro-rate the annual assessment into twelve monthly installments. In addition, any fees, charges, and other amounts payable by any unit owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.

Special Assessments: If for any reason, including nonpayment of any unit owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in Article 22(e)(I) of this Declaration.

BL: 03275 Pg 0496

Equal Assessment: Except as provided for differently herein in this Declaration, no expenses associated with the maintenance, repair, renovation, restoration, or replacement of any common element shall be specially assessed against the unit or units to which such limited common element is assigned.

Special Assessments for Capital Improvements: In addition to the assessments which shall be levied against the unit owners under Articles 18(b) and (d) above, the Board of Directors shall be authorized, upon the affirmative vote the owners of the units to which two-thirds (2/3ths) of the undivided interest in the common elements is allocated, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements. Any such special assessments for capital improvements shall be payable at such time and in such installments as the Board of Directors shall determine.

(g) Collection: In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a unit owner is liable, together with all other amounts as may be owned by such unit owner to the Association, as hereinafter provided.

In the event that any unit owner shall fail to pay any installments of any assessment levied against him within ten (10) days after such installment shall be due and payable, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such unit owner.

(11) In the event that any unit owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such unit owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:

(a) a late charge equal lo Ten Dollars ($10.00) or ten percent (10%) of the amount so due, whichever is the greater;

interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date the same were due and payable, at the rate of ten percent (10%) per annum, until paid;

(c) the cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and

(d) in the cvent the Association shall seek to foreclose its lien on the unit of such owner, the fair rental value of the unit from the time of the institution of suit until salę of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).

BL 03275 Pg 0497

(3) The lien for assessments in favor of the Association provided by the Act shall include all sums as may become payable by a unit owner to the Association pursuant to Articles 18(g)(I) and (g)(i1) above.

(4) The right of a unit owner, and all persons entitled to occupy the unit of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to any unit owned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any unit owner, or the occupants of any unit, access to the unit owned or occupied, nor cause any hazardous of unsanitary condition to exist.

(h) Fee for Statements of Amounts Due: The Association may require the payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant to Section 41(d) of the Act.

19. COMMON PROFITS: Any surplus remaining after the application of the common profits to the payment of the common expenses shall be either distributed to, or credited against, the next assessments chargeable to the unit owners, as the Board of Directors shall determine.

20. COMPLIANCE WITH CONDOMINIUM INSTRUMENTS: Every unit owner and all of those persons entitled to occupy a unit shall comply with all of the provisions of this Declaration, the Articles of Incorporation, the By-Laws, and all rules and regulations which shall be adopted by the Board of Directors in regard to the property. In the event of any breach or violation of any such provisions, the Association shall have the right to proceed at law or in equity to compel compliance therewith. In the event any unit owner shall permit or suffer to exist any condition in his unit or in the limited common elements assigned to his unit which is in violation of any of the foregoing provisions, the Association shall have the right to enter upon such unit or limited common clement and remove the thing or condition causing such violation, and the unit owner who permitted or caused such violation to exist shall be fully liable to the Association for all costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to the Association promptly upon demand. In no event shall the Association or its agents have any liability for so entering upon any portion of the property and removing such thing or condition. In the event the Association shall employ legal counsel to enforce any of the foregoing, the unit owner permitting or suffering such condition to exist shall pay all reasonable attorneys fees so incurred by the Association.

B₺ 03275 ₽¿ 0498

In addition to the foregoing remedies of the Association, the Board of Directors shall have the power to impose and assess fines against any unit owner who permits or suffers any condition to exist in violation of any of the foregoing provisions. All such fines shall be in an amount determined by the Board of Directors; provided, however, that no such fine shall exceed the sum of $25.00 for any one violation, but cach day a violation is continued or repeated afler the Board of Directors shall give the unit owner responsible for such violation a written notice of the same shall be considered a separate violation. No delay, failure or admission on the part of the Association in exercising any right, power or remedy herein provided shall be deemed a waiver of the right to do so thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. In no evenl shall the Board of Directors, or any of its agents, be liable to anyone whomsoever on account of any failure to bring any action on account of any violation or breach by any unit owner of any of the foregoing provisions.

21. INSURANCE: Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:

(a) Types of Insurance: The Association shall obtain and maintain the following insurance policies:

(I) a multi-peril casualty insurance policy covering the entire property, providing as a minimum for and extended coverage, vandalism and malicious mischief, on a replacement cost basis in an amount not less than one hundred (100%) percent of the full replacement cost of all structures within the Condominium. The name of the insured under such casualty insurance policy shall be stated as follows: "The Seasons Condominiums Association, Inc., for use and benefit of the individual unit owners of The Seasons Condominiums, Athens-Clarke County, Georgia". The amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or revaluation of the insured property not less frequently than once every two (2) years, or such other period as determined by the Board. Such casualty insurance policy shall contain the standard mortgages clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interest may appear.

(ii) A comprehensive policy of public liability insurance covering all of the common elements. Such hability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a unit owner because of the negligent acts of the Association or other unit owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any unit or other portion of the property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with cross liability endorsement to cover the unit owners as a group and shall include protection against water damage liability, and liability for property of others.

BL 03275 Pg 0499

(iii) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employees or volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named insured and shall be written in an amount which shall in no event be less than one and one-half times the Association's estimated annual common expenses and reserves.

(iv) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association and the unit owners.

Minimum Qualifications of Insurance Carriers: Each policy of insurance which the Association is required to maintain under the provisions of Article 21(a) shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A: VI or better and which is licensed to transact business within the State of Georgia.

(c) Minimum Qualifications of Insurance Policies: All policies of insurance which the Association is required to maintain under the provisions of Article 21(a) shall (a) not allow contributions or assessments to be made against the owner of any unit, or the holder of any mortgage upon any unit, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholder's or members (c) not include any limiting clauses (other than insurance conditions) which could prevent any unit owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in or cancellation of such policies.

(d) Unit Owner's Policies: The unit owners may carry at their own initiative and expense the following insurance policies:

(I) a building additions, betterments, and alterations endorsement to the master casualty insurance policy described in Article 21(a) hereof for the exclusive benefit of the particular unit owner, such unit owner to be liable for (and the Association to be in no way liable for) the premium for such endorsement; and

(ii) a "Tenant's or condominium owner's policy" covering the contents of his unit, personal injury and properly 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 unit owners or mortgagees, and no unit owner shall be entitled to exercise his right to maintain the additional insurance coverage set forth in this Article 21(d) in such a way as to decrease the amount which the Association may realize under any insurance policy which it may have in force on the property at any particular time.

B₺ 03275 Pg 0500

Proceeds on Account of Damage to Common Elements: Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements which does not exclusively serve any unit or units shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstructing or rebuilding the portion of such common elements so damaged or destroyed, as provided in Article 22(a)(1) of this Declaration. If it shall be determined in accordance with the provisions of Article 22(b) of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such portion of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the unit owners in proportion to their undivided interest in the common elements, such disbursement to be made payable jointly to the unit owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the ByLaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.

(f) Proceeds on Account of Damage to Units and Common Elements Exclusively Serving Units. In the event that any insurance proceed shall be paid to the Association on account of any damage to or destruction of any unit or units and/or any portion of the common elements exclusively serving such unit or units, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each unit which is so damaged or destroyed, or the common elements exclusively serving which units are so damaged or destroyed. The amount of insarance 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 as a consequence of the damage or destruction to such unit or units and/or the common elements exclusively serving such unit or units by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding the unit, and the common elements exclusively serving the unit, on behalf of which such account is credited, and the denominator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding all of the units and common elements as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Article 22(c) of this Declaration not to repair, reconstruct or rebuild any unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such unit shall be disbursed to the owner of such unit, such disbursement to be made jointly to the unit owner and his mortgagec. 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 unit owner shall pay for the cost of cleaning up and landscaping the property on which such unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or By-Laws of the Association which may be construed to the contrary, in no event shall any amounts as shall be held by the Association or the account of any unit owner pursuant to the provisions of this Article 21(f) be deemed to be common profits.

BL 03275 PE 0501

For purposes of Article 21(e) and Article 21(f), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.

22. DAMAGES OR DESTRUCTION OF PROPERTY: Repair, reconstruction or rebuilding of the property following damage to or destruction of all or any portion of the property shall be governed by the following provisions:

Estimates of the Cost of Repairs: As soon as practicable following the occurrence of any damage to or destruction of any portion of the property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the property so damaged or destroyed to substantially the same condition as such portion of the property was in prior to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of all claims arising under the insurance maintained by the Association as a result of such damage or destruction.

Determination to Repair, Reconstruct or Rebuilding Common Elements: Any damage to or destruction of the common elements will be repaired, reconstructed or rebuilt unless the owners of the units to which seventy-five (75%) percent of the votes in the Association are allocated shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.

(c) Determination to Repair, Reconstruct or Rebuild Units: The determination to repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:

(D any unit which is damaged, but not rendered untenantable, shall be repaired in all events.

(ii) in the event that any unit is so damaged or destroyed that such unit is thereby rendered untenantable, such unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (a) the owners of the unit which is so rendered untenantable, together with (b) the owners of the units to which sixty¿seven (67%) percent of the remaining votes in the Association (not including the vote of the owner of the unit which has been rendered untenantable by such casualty), and (c) the holders of sixty-seven (67%) percent of the first mortgages on the units within the Condominium (including the holder of any first mortgage on the unit which has been so rendered untenantable) shall all determine not to repair, reconstruct or rebuild such unit so rendered untenantable.

(iii) for purposes of this Article 22(c), a unit shall be deemed to be untenantable only if as a consequence of this occurrence of a fire or other casualty, such unit is not fit for present occupancy, and if the estimated costs of making repairs necessary to render such fit for present occupancy shall exceed one-half (½) of the fair market value of such unit prior to the occurrence of such casualty.

BE 03275 Pg. 0502

Manner of Repair, Reconstruction or Rebuilding: All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:

Common Elements: The damage shall be repaired, reconstructed or rebuilt substantially in accordance with the plans and specification for such damaged property prior to the occurrence of such damage.

Units: If the damage to be repaired, reconstructed or rebuilt is to any unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for such damaged unit prior to the occurrence of such damage.

(iii) All of the work of repairing, reconstruction or rebuilding any portion of the property, the damage to or destruction of which caused the payment of insurance benefits under insurance policies maintained by the Association, shall be pertormed under the supervision of the Board of Directors, which, in discharging such supervisory responsibilities, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board of Directors shall be a common expense of the Association.

(e). Costs of Repair, Reconstruction or Rebuilding:

(I) Common Elements: The cost of repairing, reconstruction or rebuilding any portion of the common elements which shall be damaged or destroyed and which does not exclusively serve any unit or units shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against all of the unit owners and units to raise the excess funds necessary to defray such costs.

(ii) Units and Common Elements Exclusively Serving Units: The cost of repairing, reconstructing or rebuilding each unit which shall be damaged or destroyed, and any portion of the common elements exclusively serving such unit which shall be damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on account of such damage or destruction and held by the Association on account for such unit, as provided in Article 21(f) of this Declaration. If the amounts which are held by the Association in the account for such unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against the owner of the unit on behalf of which such account was created to raise the excess funds necessary to defray such costs.

BL 03275 Pg 0503

For the purposes of this Article 22(e), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.

(F) CONDEMNATION. Any condemnation of any portions of the condominium shall be governed by the following provisions:

Deposit of Certain Condemnation Awards with Trustee. Condemnation awards pertaining to the taking of the Common Elements shall be paid over by each Unit Owner to the insurance Trustee for use as noted hereinafter in this section. In the event the Unil Owner fails to turn over such award as required, the defaulting Unit Owner shall be charged with the maximum interest which is allowed under Georgia Law until such amount is fully paid.

(b) Condemnation awards pertaining to the condemnation of Units shall not be the property of the Association.

(c) Determination Whether to Continue Condominium. Whether the Condominium will be continued after condemnation will be determined in the manner provided for herein in this Declaration, as Amended, and as provided by the Act, for determining whether damaged property will be reconstructed and repaired after casualty. For this purpose, the taking by eminent domain also shall be deemed to be a casualty.

(d) Disbursement of Funds. If the Condominium is terminated following a condemnation, the proceeds of the awards pertaining to the condemnation of Common Elements will be deemed to be insurance proceeds and shall be owned and distributed in the manner provided with respect to the ownership and distribution of insurance proceeds if the

Condominium is terminated after a casualty. If the Condominium is not terminated after a condemnation, the size of the Condominium will be reduced and the Property damaged by the taking will be made usable in the manner provided below. The proceeds of any such awards shall be used for these purposes and shall be disbursed in the manner provided fur disbursement of funds by the insurance Trustee after a casualty, as otherwise provided for herein in this Declaration, as amended

(e) Condemnation of Common Elements. Awards for taking of portions of the Common Elements shall be used to render the remaining portion of the Common Elements usable in the manner approved by the Board of Directors of the Association; provided, however, that if the cost of such work shall exceed the balance of the funds from the awards for the taking, the work shall be approved in the manner elsewhere required for capital improvements to the Common Elements. The balance of the awards for the taking of Common Elements, if any, shall be distributed, after adjustments to these shares effected pursuant hereto by reason of the taking, to each Unit Owner by check made payable to such Unit Owner and its respective mortgagee(s), in accordance with the other provisions of this Declaration, as amended.

BL 03275 ₽g_0504 (g) Condemnation of a Unit. If there is a taking of a Unit, the respective Unit Owner shall not be required to utilize any portion of the condemnation award with regard to reconstruction of a Unit. Following such taking of a Unit and the recording of a deed to the condemning authority, (1) the affected Unit Owner shall no longer have an ownership interest in the Unit or an undivided ownership interest in the Common Elements, and (2) such Unit Owner shall no longer be responsible for the payment of Common Expenses.

The following changes shall be made in the condominium following the taking as described in this Section.

(a) Addition to Common Elements. The remaining portion of that Unit, if any, shall become part of the Common Elements and shall be placed in a condition allowing, to the extent possible, for use by all of the Unit Owners in the manner approved by the Board of Directors.

Adjustment of Shares. The shares in the Common Elements, Common Expenses, and the shares in the Common Surplus, appurtenant to the Units that continue as part of the Condominium shall be adjusted to distribute the shares in the Common Elements, Common Expenses, and Common Surplus among the reduced number of Unit Owners (and among reduced Units). This distribution shall be determined by taking the fractional share of each Unit Owner in proportion to the number of Units remaining in the Condominium.

(c) Assessments. In the event the Association does not have the funds necessary to alter the remaining portion of condemned Unit for Use as a part of the Common Elements, the additional funds for such purposes shall be raised by Assessments against all of the Unit Owners who will continue as Owners of Units after changes to the Condominium effected by the Taking. The Assessments shall be made in proportion to the applicable percentage shares of those Owners after all adjustments to such shares effected pursuant hereto by reason of the taking.

(d) Amendment to Declaration. The changes in Units, in the Common Elements, and in the ownership of the Common Elements and share of the Common Expenses and the Common Surplus that are effected by the taking shall be evidenced by an amendment to this Declaration that is only required to be approved by, and executed upon the direction of the majority of the Board of Directors.

23. RULES AND REGULATIONS: The Board of Directors shall have the power and authority to adopt, make and amend reasonable rules and regulations in regard to the use of the units, limited common elements, and common elements. Copies of all such rules and regulations, and all amendments thereto, shall be furnished to all of the unit owners upon request.

24. EASEMENTS: The following easements shall be applicable to the property:

Encroachments: To the extent that any unit or common element encroaches on any other unit or any part of the common elements, whether by reason of any deviation from the survey or the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by reason of any overhang or the settling or shifting of any land or

B₺ 03275 ₽g_0505

improvement, a valid easement for said encroachment and for the maintenance of same, so long as it stands, shall exist.

(b) Utility and Other Easements: The Declarant and Association and the Board of Directors shall have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successors-in-tile to accept easements benefitting the Condominium or any portion thereof and to grant easements benefitting the properly, or any portion thereof, whether or not a part of the Condominium upon, across, over and under all of the property for ingress, egress, installation, replacing, and maintaining all utilities including, but not limited to, water, power, telephones, gas electricity, cable television and a master television antenna system. Such easements may grant to appropriate utility companies the right to erect and maintain the necessary poles and other necessary equipment on the property and to affix and maintain utility wires, circuits and conduits on, above, across and under the common elements, the units or the roofs and exterior walls of the residual dwellings or other improvements comprising part of any unit. In addition, the Declarant shall retain an irrevocable power as attorney-in-fact on behalf of all unit owners, the Association, and their successors-in-tile to grant any and all easements deemed needful and necessary by the Declarant to provide ingress, egress, and the installation, maintenance and replacement of all services and utilities needed for the future development of the Additional Property and other properties adjacent to the Condominium that may now or later be owned by the Declarant, its designees and successors in interest.

(c) Access to Units and Common Elements: Each unit owner shall afford to the other unit owners and to the Association, and to any directors, officers, agents or employee of either, such access through his unit and any limited common clements appurtenant thereto as may be responsibly necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements, including without limitation any limited common elements, or any unit through which access is taken, the Association or the unit owner occasioning such damage, whether by itself or through agents, employees or others, shall be liable for the prompt repair thereof. There is hereby (I) reserved in the Declarant, (11) granted to all policemen, firemen, ambulance personnel and all similar emergency personnel, as easement to enter upon the property or any part thereof in the proper performance of their respective duties. During the period that Declarant owns any unit or owns any interest in the property or any portion thereof, the Declarant shall have a transferable easement on, over, through, under and across the common elements for the purpose of making improvements contemplated by the condominium instruments on the property, or any portion thereof, for the purpose of installing, replacing, repairing and maintaining all utilities serving the property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith. There is further reserved in the Declarant, and its

successor-in-title a perpetual easement for the benefit of the property for ingress and egress over and across any road or drive which may now or hereafter be located on the property.

BL 03275 Pg 0506

25. CONTRACTS WITH DECLARANT: The term of any agreement as may be entered into between the Association and the Declarant, its designees or assigns, which provides for professional management of the Condominium or pursuant to which the Declarant is to provide any other services to the Condominium, shall in no event exceed three (3) years. In addition, aay such agreement shall be terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice. Provided, however, the terms of any contract set forth above shall be subject to the termination provisions of O.C.G.A. §44-3-101(c).

26. SEVERABILITY: The invalidity or unenforceability of any covenant, restriction or other provision of this Declaration shall not affect the validity or enforceability of any other covenant, restriction or provision of the Declaration.

27. CAPTIONS: The captions of all sections of this Declaration are inserted for convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions of the sections to which such captions relate.

28. MORTGAGEE'S RIGHTS: Notwithstanding any of the provisions of this Declaration or the Article of Incorporation or By-Laws of the Association, the following provisions are hereby adopted for the protection of the mortgagees of units within the condominium project, and to the extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or By-Laws of the Association, the following shall control:

The Association shall not take the following actions without the prior written approval of unit owners to which 80% of the votes in the Association appertain and all mortgagees of such units:

Seek to abandon or terminate the condominium project by act or omission; (ii) Change the prorata interest or obligations of any individual unit for the purpose of

(a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnations awards, or (b) determining the prorata share of ownership of each unit in the common elements;

(iii) Partition or subdivide any unit;

(1V) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements (other than the granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements); and

BL 03275 Pg 0507

(v) Use hazard insurance proceeds for losses to any condominium property (whether to units or to common elements) or other than the repair, replacement or reconstruction in the event of substantial loss to the units and/or common elements (in the event the determination is made to so repair, reconstruct or rebuild in accordance with this Agreement.

(b) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage on a unit shall not be hable for the unpaid dues or charges attributable to such unit which have accrued prior to the acquisition to title of such unit by the first mortgagee.

No provision of this Declaration, Articles of Incorporation or other Condominium Instrument shall be deemed to give a Unit Owner or any other Party Priority over any rights of the institutional First Mortgagees of Units Pursuant to pursuant to their mortgages in the case of distribution to Unit Owners of Insurance proceeds or condemnation awards for losses to or a taking of Units and or the Common Elements or any portion thereof or therein. In such event, the holder of any first mortgage on a Unit shall be entitled, upon specific written request, to timely written notice of any such loss.

(d) The Association shall give written notice to any first mortgagees of individual units of any loss to, or taking, of the common elements if such loss or taking exceed $10,000.00 or damage to a unit covered by a mortgagee exceeds $1,000.00.

(e) Any holder of a first lien mortgage upon any unit, upon its request, shall be entitled to a written notice from the Board of Directors of any default in the performance by the owner of the unit upon which such mortgagee holds such first lien mortgage of any obligation under this Declaration, thy By-Laws or the Condominium instruments which is not cured within sixty (60) days.

In addition to the foregoing, upon written request, each institutional First Mortgagee of a Unit and any holder, insurer, or guarantor of a first mortgage on a Unit shall have the right:

To examine current copies of the Declaration By-Laws, rules, regulations books, records and financial statements of the Association during the normal business hours;

To receive, without any charge and within a reasonable time after such request, any annual audited financial statement which has been prepared and distributed by the Association top the Unit Owners at the end of its fiscal year, provided, however, in the event such a statement is not available, the holders of 51% or more of the mortgages in the Units shall be entitled to have such an audited financial statement prepared at their expense;

BL 03275 ₽g 050₴

(iii) To receive, upon request, written notice of all meetings of the Association

and to designate an agent to attend such meetings;

(iv) To receive, upon request, written notice of any decision by the Unit

Owners to make a material amendment to the Declaration, By-Laws, or

articles of Incorporation of the Association;

(v) To receive, upon request, written notice of any lapse, cancellation, or

material modification of any insurance policy or fidelity bond maintained

by the Association; and

(vi) To receive written notice of any action which would require the consent of

a specified number of Institutional First Mortgagees.

29. Notwithstanding the foregoing, the Declarant or the Board of Directors, without the

necessity of a vote from the Owners, may unilaterally amend this Declaration or the By-Laws to

comply with any applicable state, city or federal law, and/or to bring the Condominium into

compliance with applicable guidelines of the Federal National Mortgage Association iẠạFannie

Mae"), the Department of Housing and Urban Development ("HUD''), and the Veterans

Administration ("VA"). Any action to challenge the validity of an amendment adopted under this

section must be brought within one (1) year of the effective date of such amendment. No action

to challenge such amendment may be brought after such time.

.....

BL 03275 Pr 0509

IN WITNESS WHEREOF, this deed has been duly executed and sealed by Grantor the day and year first above written.

THE SEASONS PARTNERS, LLC

By: THE C&C DEVELOPMENT COMPANY

Member

By: _(SEAL)

W.H. KIMBROUGH, President

By: THE SAMS GROUP, INC.

Member

By: (SEAL) Ali A Hadn ALEXANDER SAMS, President

Witness

insurans

NOTABL THE GALIS-VANDIVER DEVELOPMENT

CORPORATION, INC.

(SEAL) Sue,

(SEAL)

Mitness

Anstyrians [Corporate Seal]

Gee WrEstigry, 2007.

NOTARL

Bk 03275 Pg 0510

EXHIBIT "A"

Legal description of property submitted to the Condominium

All that tract or parcel of land with improvements thereon, containing 5.632 acres, more or less, lying and being in 1899th District, G.M.D., Athens-Clarke County, Georgia, and being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING, begin at a bolt located at the center line intersection of the rights of way of Research Drive and College Station Road; Run thence North 75 degrees 52 minutes 37 seconds East for a distance of 1831.94 feet to a ½ inch reinforcing rod found, which is the TRUE POINT OF BEGINNING; THENCE South 67 degrees 28 minutes 48 seconds East for an arc distance of 31.31 feet to a point; THENCE South 62 degrees 53 minutes 44 seconds East for an arc distance of 160.84 feet to a ½ inch reinforcing rod found; THENCE South 59 degrees 36 minutes 41 seconds East for a distance of 218.92 feet to a ½ inch reinforcing rod found; THENCE South 30 degrees 02 minutes 12 seconds West for a distance of 107.59 feet to a ½ inch reinforcing rod set; THENCE South 29 degrees 47 minutes 54 seconds West for an arc distance of 1.72 feet to a ½ inch reinforcing rod set; THENCE South 17 degrees 29 minutes 25 seconds West for an arc distance of 86.99 feet to a ½ inch reinforcing rod set; THENCE South 04 degrees 41 minutes 27 seconds East for an arc distance of 72.88 feet to a ½ inch reinforcing rod set; THENCE South 14 degrees 48 minutes 07 seconds East for a distance of 51.46 feet to a ½ inch reinforcing rod set; THENCE South 58 degrees 36 minutes 20 seconds West for a distance of 17.87 feet to a point; THENCE South 44 degrees 43 minutes 30 seconds West for an arc distance of 193.81 feet to a point; THENCE South 30 degrees 50 minutes 40 seconds West for a distance of 216.00 feet to a point; THENCE North 28 degrees 02 minutes 18 seconds West for a distance of 37.33 feet to a point; THENCE North 61 degrees 18 minutes 28 seconds West for a distance of 51.98 feet to a point; THENCE North 48 degrees 04 minutes 53 seconds West for a distance of 39.74 feet to a point; THENCE North 13 degrees 15 minutes 23 seconds West for a distance of 21.49 feet to a point; THENCE North 37 degrees 07 minutes 16 seconds West for a distance of 21.21 feet to a point; THENCE North 47 degrees 49 minutes 27 seconds West for a distance of 62.98 feet to a point; THENCE North 51 degrees 01 minutes 23 seconds West for a distance of 17.19 feet to a point; THENCE North 72 degrees 52 minutes 43 seconds West for a distance of 56.71 feet to a point; THENCE North 13 degrees 15 minutes 23 seconds East for a distance of 661.05 feet to a ½ inch reinforcing rod found which is the TRUE POINT OF BEGINNING.

Being the same property containing 5.632 acres, more or less, and being known and designated as, "The Seasons", including those forty-one (41) Residential Units known and designated as Units 101, 102, 103 and 104, Building 1, Units 201, 202, and 203, Building 2, Units 301, 302, 303 and 304, Building 3, Units 401, 402, 403, 404, and 405, Building 4, Units 501, 502, 503 and 504, Building 5, Units 601, 602, 603 and 604, Building 6, Units 701, 702 and 703, Building 7, Units 801, 802, 803 and 804, Building 8, Units 901, 902 and 903, Building 9, Units 1001, 1002, 1003 and 1004, Building 10, and Units 1101, 1102 and 1103, Building 11, together with all the common areas, amenities and limited common areas of the Seasons Condominiums, as shown on that Plat of Survey entitled, "As-Built and Condominium Plat For: "The Seasons", Sheets 1-2, dated December 19th, 2006, by Ben McLeroy and Associates, Inc., Ben McLeroy, Georgia RLS 1184, said Plat having been recorded in the Office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Plat Book, Pages F -41G, reference to which is hereby made for a more accurate description of the property herein submitted.

213' PAYED

LEGEND

I RENONE OD FOUND (OR AS NOTED B-PONT ONLY

O-POHERYAPI TELEPHONE(P), LICH I(LA) POLE A -WATER VALVE

#-FRE HYDRANT

P: 0511

Bb 03275

(1) OUR SURVET FOR CAUS VANOVER DEVELOPMENT

CORA.. DATED 12, 2001

(2) DUR

DEC, 5. 20CS AND LAST RENSED NOV.

ORIVE

OCOS FRANCHISE

COMPANY, ING

SURVEY NOJES

1) EDUPMENT USED; 01ồ THEODOLITE AND E.D.M.,

02" PER STATION, ADJUSTED

COMMONS AT ATHENS, LC

SEE SHEET 2 FOR ADDITINAL INFORMANON

SBUALT ANO CON

THE SEASONS

SHEET 1 OF Zł

COUNTY. CLARKE 1899 STATE: GEORGIA DA TE: DEC. 19, 2005łą 1°~60* Dom. Or: STEPHEN: FOLDSDOM: FILE MOL 921 10212-Ra:

B₺ 03275 Pg 0512

EXHIBIT IBI

ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS: The percentage of undivided interest in the Common Elements allocated for each Unit shall be based on each unit, as a fraction of the total number of units in the Condominium. As of the recording of this Declaration, there are 41 units in the Condominium. Therefore, the present undivided interest in the Common Elements for each unit is 1/41.

ALLOCATION OF LIABILITY FOR COMMON EXPENSES: Each unit shall be allocated the liability for common expenses in proportion to its undivided interest in the Common Elements. ALLOCATION OF VOTES IN THE ASSOCIATION: Each Owner shall be entitled to one (1) equally weighed vote for each Unit in which such Owner holds the interest required for membership, which vote shall be appurtenant to such Unit. The persons entitled to exercise such votes at meetings of the Association; the method by which such votes may be exercised and the rights and obligations generally of members of the Association with regard to voting shall be in accordance with Section 44-3-79 of the Georgia Condominium Act, the Condominium Instruments and this Declaration.

UPON RECORDING RETURN TO:

QUARTERMAN & HODSON, P.C.

C/o Alec R. Hodson, Esq.

1671 Meriweather Drive, Suite 103

Bogart, Georgia 30622

Phone: (706) 543-7777

Facsimile: (706) 543-1844

www.quartermanandhodson.com

[Space Above Line Reserved for Recording Information]

AMENDMENT TO CONDOMINIUM DECLARATION OF

THE SEASONS

THIS AMENDMENT is made, executed, and recorded pursaant to O.C.G.A. §44-3-93, for the purpose of amending the Declaration of Condominium for The Seasons, recorded in the Office of the Clerk of Superior Court for Athens-Clarke County, Georgia in Deed Book 3275, Pages 481530, as amended, (the "Declaration").

WHEREAS, the undersigned owners of The Seasons Condominium are desirous of amending §14 of the Declaration to allow for the leasing of Units; and for other purposes relating thereto; - and

WHEREAS, the undersigned Owners have duly voted to make the instant Amendment to the Declaration; all of which meet and exceed the requirements of O.C.G.A. §44-3-93 (a)(1) of the required approval for amendment of the Condominium Declaration; and (2) meet and exceed the requirements of the Declaration pertaining to required vote approval for amendment to the Declaration; and

NOW THEREFORE, the Declaration is amended as follows:

§14 (f) (a), (b), (c), (3), (4), (5), (6), and (7) of the Declaration pertaining to Leasing of Units, are hereby amended and shall hereafter read as follows:

Leasing of Units: Except where otherwise delineated in this section, "Leasing," for purposes of this Declaration shall be allowed subject to applicable local state and federal laws, regulations and ordinances and the terms and conditions contained in the Declaration, as amended from time to time. "Leasing" shall be defined as regular, exclusive occupancy of a Unit by any Person or Persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.

[Amendment Continues on Following Page]

(A) Leasing Exceptions. Leasing of Residential Units shall be governed by the following provisions:

Where allowed, upon receipt of written request, request, within seven (7) days after executing a lease agreement for the lease of a Unit, the Unit Owner shall provide the Board with a copy of the lease and the name of the lessee and oll other people occupying the Unit. In such event, the Unit Owner must make available to the lessee copies of the Declaration, By-Laws and the rules and regulations.

Any lease of o Unit shall be deemed to contain the following provisions, whether or not expressly therein stated, and each Owner and each lessee, by occupancy of a Unit, covenants and agrees that any lease of a Unit shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by the existence of this covenant on the Unit:

The lessee shall comply with all provisions of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Unit in order to ensure complionce with the foregoing. The Owner shall cause all Occupants of his or her Unit to comply with the Declaration, By-Laws, and regulations adopted pursuant thereto, and shall be responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of a Unit are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and rules and regulations adopted pursuant thereto.

In the event that the lessee, or a person living with lessee, violates the Declaration, By-Laws, or a rule or regulation for which a fine is imposed, notice of the violation shall be assessed against thee lessee in accordance with the By-Laws. If the fine is not paid by the lessee within the time period set by the Board, the Board may assess the fine against the Owner and the Owner shall pay the fine upon notice from the Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the Unit.

Except where the Owner also occupies the Unit, the Owner transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner has to use the Common Elements of the Condominium, including, but not limited to, the use of any and all recreational facilities.

[Signature Block Continues on Following Page]

In the event a Unit is leased, the Unit Owner takes full responsibility for complying with all relevant ordinances and statutes.

All other provisions of the Condominium Declaration not amended herein shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned Owners and Declarant do hereby set their hands and seals, on this the28 day of October, 2013.

BANKSOUTH

A Georgia state bank

P.O. Box 89, Greensboro, GA 30642

By: i Sala (SEAL)

Name: LEITH STEADE

Title: DI VICE PRESIDENS

Attest: Ar Wack (SEAL)

Name: Hudson Wade

Title: Vice President

P.O. Box 89, Greensboro, GA 30642

(Corporate Seal)

DiStiland

......

Notary Public NOTARL

MA TON COURT 1A9 8, 2019.

OWNER(S) - UNIT # 60 2

Name:

Name:

Sim Bala

Witness

Minna M DericklanO

MINe if STP. Notary Public Minna mStrictland Notary Pubie • Si.

My Comms I xpires : Commes an # 1

MINNA M STRICKLAND States Flanda Notary Public - State of Florida

• My Comm. Expires Oct 27, 2013 county of It fores Commission # DD 936569

10-5-2013

OWNER(S) - UNIT # 702 Kichaed ShowN PREsNel Quited ol

Name:

¡sa Diane Tresne! eja Drase Tresee Name:

corne

Witness

Notary Public Roseann B. Nichols

NOTARY PUBLIC

Cobb County, GEORGIA

My Comm. Expires 3/17/17

OWNER(S) - UNIT # 705 Face da frito . LAURENCE A Sit Je. Manpret I Neutelt

Notary Public Dobra A. Caster

FOTAA" Comm. Exp

08/07/17 PUBLIC

OWNERS) - UNIT#/ 004 tame. ames D. Lucas

itudeWah

Witness

Notary Public Alan

MARISA MAINE NOTARY GEORGIA July 19, 2017 EXPIRES

COES COUNTA PUBLIC

B· 03275 Pg 0513

EXHIBIT "C"

By-Laws

of

The Seasons Condominium Association, Inc.

Article 1

General

Applicability. These By-Laws provide for the self-governance of the Seasons Condominium Association, Inc., in accordance with the Georgia Condominium Act, the Articles of Incorporation filed with the Georgia Secretary of State, and the Declaration of Condominium for The Seasons Condominiums, a Condominium, recorded in the Athens-Clarke County, Georgia land records (the Declaration).

1.2 Name. The name of the corporation is The Seasons Condominiums Owner's

Association, Inc. (the "Association").

1.3 Principal Office. The principal office of the Association shall be located in the State of Georgia. The Association may have such other offices, either within or outside the State of Georgia, as the Board of Directors may determine or as the affairs of the Association may require.

1.4 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 the Declaration, as it may be amended, unless the context indicates otherwise.

Arlicle 2.

Association: Membership, Meetings, Quorum, Voting, Proxies

Membership. An Owner of a Unit shall automatically become a member of the Association as more fully set forth in the Declaration, the terms of which, pertaining to membership, are incorporated by this reference. If title to a Unit is held by more than one (1) person, the membership shall be shared in the same proportion as the title, but there shall be only one (1) membership and one (1) equally weighted vote per Unit, which vote shall be appurtenant to such Unit. In the event an Owner is a corporation, limited liability company, partnership, trust, or other legal entity not being a natural person or persons, then any natural person who is an officer, director, manager, partner, or trustee designated by the entity shall be eligible to represent such entity or entities in the affairs of the Association. Membership shall be appurtenant to the Unit and shall be transferred automatically by conveyance of that Unit and may be transferred only in connection with the transfer of title.

B₺ 03275 Pg 0514

2.2 Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the members as may be designated by the Board, either within the Condominium or as convenient as is possible and practical.

2.3 Annual Meetings. The first meeting of the Association, whether a regular or special meeting, shall be held within one year from the date of incorporation of the Association. Subsequent regular meetings shall be held annually on a date and at a time set by the Board.

Special Meetings. The president may call special meetings. In addition, it shall be the duty of the president to call a special meeting if so directed by resolution of the Board or upon a petition signed by members representing at least twenty-five (25%) of the total Association vote.

2.5 Notice of Meetings. Written notice stating the place, day, and time of any meeting of the members shall be delivered, either personally or by mail, to each member entitled to vote at such meeting, not less than ten (10) nor more than sixty (60) days before the date of such meeting, by or at the direction of the president or the secretary or the officers or persons calling the meeting. In the case of a special meeting or when otherwise required by statute or these By-Laws, the purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be transacted at a special meeting except as stated in the notice.

If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the member at its address as it appears on the records of the Association, with postage prepaid.

Waiver of Notice. Waiver of notice of a meeting of the members shall be deemed the equivalent of proper notice. Any member may, in writing, waive notice of any meeting of the members, either before or after such meeting. Attendance at a meeting by a member or the member's proxy shall be deemed waiver by such member of notice of the time, date, and place thereof, unless such member or proxy specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting also shall be deemed waiver of notice of all business transacted at such meeting unless an objection on the basis of lack of proper notice is raised before the business is put to a vote.

2.7 Adjourment of Meetings. Any meeting of the Association may be adjourned from time to time for periods not exceeding ten (10) days by vote of members holding a Majority of the votes represented at such meeting, regardless of whether a quorum is present. 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 by for reconvening the meeting after adjournment, notice for reconvening the meeting shall be given to members prescribed for regular meetings.

BL 03275 Pg 0515

2.8 Voting. The voting rights of the members shall be as set forth in the Declaration and in these By-Laws, and such voting rights provisions are specifically incorporated by this reference.

2.9 Proxies. At all meetings of members, each member may vote in person (if a corporation, limited liability company, partnership, trust, or other legal entity not being a natural person or persons, then through any officer, directors, manager, partner, or trustee duly authorized to act on behalf of the member) or by proxy, subject to the limitations of Georgia law. All proxies shall be in writing specifying the Unit(s) for which it is given, signed by the member or its duly authorized attorney-in-fact, dated and filed with the secretary of the Association, prior to any meeting for which it is to be effective. Unless otherwise specifically provided in the proxy, a proxy shall be presumed to cover all votes which the member giving such proxy is entitled to cast, and in the event of any conflict between two or more proxies purporting to cover the same voting rights, the later dated proxy shall prevail, or if dated as of the same date, both shall be deemed invalid. Every proxy shall be revocable and shall automatically cease upon conveyance of any Unit for which it was given, or upon receipt of notice by the secretary of the death or judicially declared incompetence of a member who is a natural person, or of written revocation, or eleven (11) months from the date of the proxy, unless a shorter period is specified in the proxy.

2.10 Quorum. Except as otherwise provided in these By-Laws or in the Declaration, the presence, in person or by proxy, of members representing twenty percent (20%) of the total eligible votes in the Association shall constitute a quorum at all meetings of the Association. Except when a higher vote is required under the Declaration or these By-Laws, the vote of a Majority of the members present and eligible to vote shall constitute a decision of the

Association. Owners whose voting rights have been suspended pursuant to the Declaration or these By-Laws shall not be counted in determining the total eligible votes or the establishment of a quorum.

2.11 Conduct of Meetings. The president shall preside over all meetings of the Association, and the secretary shall keep the minutes of the meetings and record in a minute book all resolutions adopted and all other transactions occurring at such meetings.

2.12 Action Without a Meeting. In the discretion of the Board, any action that may be taken at any annual, regular or special meeting of the members may be taken without a meeting if the Association delivers a written consent form or ballot to every member entitled to vote on the matter.

(a) A written ballot shall: (I) set forth each proposed action; and (ii) provide an opportunity to vote for or against each proposed action.

Approval by written ballot pursuant hereto shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at the meeting authorizing the action, the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.

BL 03275 Pg 0516

(c) All solicitations for votes by written ballot shall: (I) indicate the number of responses needed to meet the quorum requirements; (ii) state the percentage of approvals necessary to approve each matter other than election of directors; and (iii) specify the time by which a ballot must be received by the Association in order to be counted.

(G) A written ballot may not be revoked. The Association shall maintain such ballots in its file for a period of at least three (3) years.

Article 3.

Board of Directors: Number, Powers, Meetings

A. Composition and Selection.

Governing Body: Composition. The affairs of the Association shall be governed by a Board of Directors, each of whom shall have one (1) equal vote. Except with respect to directors appointed by the Declarant, the directors shall be residents or eligible members; provided, however, no two (2) residents representing the same Unit may serve on the Board at the same time. No Owner or resident shall be eligible to be elected to serve as a director if any assessment for such Person's Unit is delinquent. A "resident" shall be any natural person eighteen (18) years of age or older whose principal place of residence is a Unit within the Condominium. In the case of a member which is not a natural person, any officer, director, manager, partner, employee, or trust officer of such member shall be eligible to serve as a director, unless otherwise specified by written notice to the Association signed by such member, provided, no member may have more than one (1) such representative on the Board at a time, except in the case of directors appointed by the Declarant.

3.2 Number of Directors. The Board shall consist of up to three (3) directors, as provided in Section 3.4 below.

Nomination and Election of Directors. Except with respect to directors appointed by the Declarant, directors shall be nominated from the floor and may also be nominated by a nominating committee, if such a committee is established by the Board. All candidates shall have a reasonable opportunity to communicate their qualifications to the members and to solicit votes.

Each Owner may cast the entire vote assigned to his or her Unit for each position to be filled. There shall be no cumulative voting. That number of candidates equal to the number of positions to be filled receiving the greatest number of votes shall be elected. Directors may be elected to serve any number of consecutive terms.

3.4 Election and Term of Office.

(a) The initial Board shall consist of one (1) to three (3) directors appointed by the Declarant.

B₺ 03275 Pg 0517 (b) Upon termination of the Declarant's right to appoint directors as provided in the Declaration, the number of directors shall be set at three (3), and the Association shall hold an election at which the members shall be entitled to elect all three (3) directors, with the two (2) directors receiving the largest number of votes being elected for a term of two (2) years and one (1) directors being elected for a term of one (1) year.

Upon the expiration of the term of office of each initial director elected by the members, a successor shall be elected to serve a term of two (2) years, and all subsequent terms shall be for two (2) years. The directors elected by the members shall hold office until their respective successors have been elected.

3.5 Removal of Directors and Vacancies. Any director elected by the members may be removed, with or without cause, by a Majority of the total Association vote. Any director whose removal is sought shall be given notice prior to any meeting called for that purpose. Upon removal of a director, a successor shall be elected by the members to fill the vacancy for the remainder of the term of such director.

Any director elected by the members who has three (3) or more consecutive unexcused absences from Board meetings, or is more than thirty (30) days delinquent, or is the representative of a member who is more than thirty (30) days delinquent in the payment of any assessment or other charge due the Association, may be removed by a Majority of the directors present at a regular or special meeting at which a quorum is present, and the Board may appoint a successor to fill the vacancy until the next annual meeting, at which time the members shall elect a successor for the remainder of the term.

In the event of the death, disability, or resignation of a director elected by the members, the Board may declare a vacancy and appoint a successor to fill the vacancy until the next annual meeting, at which time the members shall elect a successor for the remainder of the term.

This section shall not apply to directors appointed by the Declarant. The Declarant shall be entitled to appoint a successor to fill any vacancy on the Board resulting from the death, disability, or resignation of a director appointed by the Declarant, during the period in which the Declarant has the right to appoint directors.

B. Meetings.

3.6 Organizational Meetings. Within thirty (30) days after the election or appointment of new directors, the Board shall hold an organizational meeting at such time and place as the Board shall set.

3.7 Regular Meetings. Regular meetings of the Board may be held at such time and place as a Majority of the directors shall determine, but at least one such meeting shall be held during each quarter.

Special Meetings. Special meetings of the Board of Directors shall be held when called by the president or on written request of at least two (2) directors.

BL 03275 Pg 051₴ 3.9 Notice. Notice of a regular meeting shall be communicated to directors not less that four (4) calendar days prior to the meeting. Notice of a special meeting shall be communicated to directors not less than two (2) days prior to the meeting. No notice need be given to any director who has signed a waiver of notice or a written consent to holding of the meeting. The notice shall specify the time and place of the meeting and, in the case of a special meeting, the nature of any special business to be considered. Notices shall be given to each director by: (a) personal delivery; (b) first class mail, postage prepaid; (c) telephone communication, either directly to the director or to a natural person at the director's office or home who would reasonably be expected to communicate such notice promptly to the director; (d) telecopier transmission in the director's home or office, with confirmation of receipt be receiving telecopier; (e) telegram, charges prepaid; (f) overnight or same day delivery, charges prepaid; or (g) electronic mail (e-mail), using Internet accessible equipment and services, if the director has consented in writing to such method of delivery and has provided the Board with an e-mail address. All such notices shall be given at the director's telephone or telecopier number or sent to the director's address as shown on the records of the Association. Notices sent by first class mail shall be deemed communicated when deposited into a United States mailbox. Notice given by personal, overnight or courier delivery, telephone, telecopier, telegraph, or e-mail shall be deemed communicated when delivered, telephoned, telecopied, e-mailed, or given to the telegraph company.

3.10 Waiver of Notice. The transactions of any meeting of the Board, however called and notices or wherever held, shall be as valid as though taken at a meeting duly held after 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.

3.11 Telephonic Participation in Meetings. Members of the Board or any committee designated by the Board may participate in a meeting of the Board or committee by means of conference telephone or similar communications equipment, by means of which all persons participating in the meeting can hear cach other. Participation in a meeting pursuant to this section shall constitute presence in person at such meeting.

3.12 Quorum of Board of Directors. At all meetings of the Board, a Majority of the directors shall constitute a quorum for the transaction of business, and the votes of a Majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board, unless otherwise specifically provided in these By-Laws or the Declaration. A mecting 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 adjour the meeting to a time not more than five (5) days from the date of the original meeting. At the reconvened meeting, if a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice.

BL 03275 Pg 0519

3.13 Compensation. Directors shall not receive any compensation from the Association for acting as such unless approved by members representing at least a Majority of the total Association vote. Any director may be reimbursed for expenses incurred on behalf of the Association upon approval of a Majority of the other directors. Nothing herein shall prohibit the Association from compensating a director, or any entity with which a director is affiliated, for services or supplies furnished to the Association in a capacity other than as a director pursuant to a contract or agreement with the Association, provided that such director's interest was made known to the Board prior to entering into such contract and such contract was approved by a Majority of the Board of Directors, excluding the interested director.

3.14 Conduct of Meetings. The President shall preside over all meetings of the Board, and the Secretary shall keep a minute book of Board meetings recording all Board resolutions and all transactions and proceedings occurring at such meetings.

3.15 Open Meetings. Subject to the provisions of Section 3.16, all meetings of the Board shall be open to all members, but members other than directors may not participate in any discussion or deliberation unless permission to speak is requested on his or her behalf by a director. In such case, the President may limit the time any member may speak. Notwithstanding the above, the President may adjourn any meeting of the Board, reconvene in executive session, and exclude members to discuss matters of a sensitive nature.

3.16 Action Without a Formal Meeting. 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 Majority of the directors consent in writing to such action. Such written consent must describe the action taken and be filed with the minutes of the Board.

C. Powers and Duties.

3.17 Powers. The Board of Directors shall have all the powers and duties necessary 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 directed by the Declaration, the Articles, these By-Laws or Georgia law to be done and exercised exclusively by the membership generally.

3.18 Duties. The duties of the Board shall include, without limitation:

preparing and adopting, in accordance with the Declaration, an annual budget establishing each Owner's share of the Common Expenses;

(b) levying and collecting such assessments from the Owners, as set forth in the Declaration;

(c) providing for the operation, care, upkeep, and maintenance of those portions of the Condominium as provided in the Declaration;

B₺ 03275 Pg 0520

(d) 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;

(e) depositing all funds received on behalf of the Association in a bank depository which it shall approve and using such funds to operate the Association; provided, any reserve fund may be deposited, in the director's best business judgment, in depositories in other than banks;

making and amending rules in accordance with the Declaration;

(g) opening of bank accounts on behalf of the Association and designating the signatories required;

(h) making or contracting for the making of repairs, additions, and improvements to or alternations of the Common Elements in accordance with the Declaration and these By-Laws;

enforcing by legal means the provisions of the Declaration, these By-Laws, and the rules of the Association and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association; provided, the Association shall not be obligated to take action to enforce any covenant, restriction or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association's position is not strong enough to justify taking enforcement action;

G) obtaining and carrying property and hability insurance and fidelity bonds, as provided in the Declaration, paying the cost thereof, and filing and adjusting claims, as appropriate;

(x) paying the cost of all services rendered to the Association;

(I) keeping books with detailed accounts of the receipts and expenditures of the Association;

(m) making available to any Owner, and the holders, insurers, and guarantors of any Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, the By-Laws, rules and all other books, records, and financial statements of the Association, as provided in Article 6, Section 6.7;

(n) permitting utility suppliers to use portions of the Common Elements reasonably necessary to the ongoing development or operation of the Condominium; and

BE 03275 Pg 0521

(o) indemnifying a director, officer or committee member, or former director, officer or committee member of the Association to the extent such indemnify is required or permitted under Georgia law, the Articles of Incorporation or the Declaration.

3.19 Management. Subject to the provisions of Fannie Mae Project Standards, Section 606.01, entitled "Professional Management Contracts", the Association may, but shall not be required to, hire a professional management agent or agents, at such compensation as the Board may establish, to perform such duties and services as the Board shall authorize. The Board shall use reasonable efforts in any management contract to provide for termination of such contract, with or without penalty, upon no more than ninety (90) days' written notice.

3.20 Accounts and Reports The following management standards of performance shall be followed unless the Board by resolution specifically determines otherwise:

(a) cash basis accounting, as defined by generally accepted accounting principles, shall be employed;

(b) accounting and controls should conform to generally accepted accounting principles;

(c) cash accounts of the Association shall not be commingled with any other accounts;

(d) no remuneration shall be accepted by the managing agent from vendors, independent contractors, or others providing goods or services to the Association, whether in the form of commissions, finder's fees, service fees, prizes, gifts, or otherwise; any thing of value received shall benefit the Association;

(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;

commencing at the end of the quarter in which the first Unit is sold and closed, financial reports shall be prepared for the Association at least quarterly (such financial statements shall include an income statement reflecting all income and expense activity for the preceding period on an accrual basis and may include such other reports as deemed necessary by the Board; and

an annual financial report shall be made available to all members within one hundred and twenty (120) days after the close of the fiscal year and at each Association annual meeting. Such annual report may be prepared on an audited, reviewed or compiled basis, as the Board determines; provided, upon written request of any holder, guarantor or insurer of any first Mortgage on a Unit, or upon request of a Majority of the total Association shall provide an audited financial statement.

B₺ 03275 Pg 0522

3.21 Borrowing. The Association shall have the power to borrow money for any legal purpose; provided, however, if the proposed borrowing is for the purpose of making

discretionary capital improvements and the total amount of such borrowing, together with all other debt incurred within the previous twelve (12) month period, exceeds or would exceed ten (10%) percent of the budgeted gross expenses of the Association for that fiscal year, the Board shall obtain the approval of members representing a Majority of the total Association vote, prior to borrowing such money.

3.22 Right to Contract. The Association, acting through the Board of Directors, 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, condominiums, cooperatives, or neighborhood and other owner; or residents associations, within and outside the Condominium.

3.23 Enforcement.

(a) Notice. Prior to imposition of any sanction requiring compliance with these procedures as set forth in the Declaration, the Board or its delegate shall serve the alleged violator with written notice including (I) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (i1i) a statement that the alleged violator may present a written request for a hearing to the Board or its delegate within ten (10) days of the notice; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a request for a hearing is received within ten (10) days of the notice. If a timely request is not received, the sanction stated in the notice shall be imposed; provided, however, the Board or its delegate may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the ten (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. In the event of a continuing violation, each day the violation continues beyond the ten (10) day period shall constitute a separate offense, and fines may be imposed on a per diem basis without further notice to the violator. In the event of a violation which recurs within one (1) year from the date of any notice hereunder, the Board or its delegate my impose a sanction without further notice to the violator.

Hearing. If a hearing is requested within the allotted ten (10) day period, the hearing shall be held 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 delegate who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator or its representative 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. The Board may adopt a schedule of sanctions for violations of the Condominium Instruments.

BE 03275 Pg 0523

Article 4

Officers

Officers. The officers of the Association shall be a president, secretary, and treasurer. The president shall be elected from among the members of the Board; other officers may, but need not be members of the Board. The Board may appoint such other officers, including one or more vice presidents, on or more assistant secretaries and one or more assistant treasurers, as it shall deem desirable, such officers to have such authority and perform such duties as the Board prescribes. Any two or more officers may be held by the same person.

4.2 Election and Term of Office. The Board shall elect the officers of the Association at the first meeting of the Board following each annual meeting of the members, to serve until their successors are elected.

4.3 Removal and Vacancies. The Board may remove any officer, either with or without cause, and may fill any vacancy in any office arising because of death, resignation, removal, or otherwise for the unexpired portion of the term.

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 of Directors. The president shall be the chief executive officer of the Association. The treasurer shall have primary responsibility for the preparation of the budget as provided for in the Declaration and may delegate all or part of the preparation and notification duties to a finance committee, management, agent, or both. The secretary shall keep the minutes of all meetings of the Association and Board of Directors and have charge of such books and papers as the Board of Directors may direct.

4.5 Resignation. Any officer may resign at any time by giving written notice to the Board of Directors, the president, or the secretary. Such resignation shall take effect on the date of 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.

Agreements, Contracts, Deeds, Leases, Checks, Etc. All agreements, contracts, deeds, leases, checks, and other instruments of the Association shall be executed by at least two officers or by such other person or persons as may be designated by Board resolution.

4.7 Compensation. Compensation of officers shall be subject to the same limitations as compensation of directors under. Article 3, Section 3.13.

Article 5

Committees

The Board may appoint such committees as it deems appropriate to perform tasks and to serve for such periods as the Board may designate by resolution. Each committee shall operate in accordance with the terms of such resolution.

BE 03275 Pg 0524

Article 6

Miscellaneous

6.1 Fiscal Year. The fiscal year of the Association shall be the calendar year unless the Board establishes a different fiscal year by resolution.

6.2 Parliamentary Rules. Except as may be modified by Board resolution, Robert's Rules of Order Newly Revised (current edition) shall govern the conduct of Association proceedings when not in conflict with Georgia law, the Articles of Incorporation, the Declaration, or these By-Laws.

6.3 Conflicts. If there are conflicts between the provisions of Georgia law, the Articles of Incorporation, the Declaration, these By-Laws, the provisions of Georgia law, the Declaration, the Articles of Incorporation and the By-Laws (in that order) shall prevail.

6.4 Severability. The invalidity of any part of these By-Laws shall not impair or affect in any manner the validity, enforceability, or effect the balance of these By-Laws or the Declaration.

6.5 Gender and Grammar. The use of the masculine gender in these By-Laws shall be deemed to include the feminine gender, and the use of the singular shall be deemed to include the plural whenever the context so requires.

6.6 Financial Review. A financial review of the accounts of the Association shall be performed annually in a manner provided by the Board, and a financial statement shall be prepared and presented to the members at the annual meeting. However, after having received the Board's financial statement review at the annual meeting, the members may, by a Majority of the total Association vote, require that the accounts of the Association be audited, as a Common Expense, by an independent accountant. Such statement shall be made available to the holder, insurer, or guarantor of any first Mortgage on a Unit upon submission of a written request, and must be available within one hundred and twenty (120) days after the fiscal year end of the Association.

6.7 Books and Records.

Inspection by Members and Mortgagees. The Board shall make available for inspection and copying by any holder, insurer, or guarantor for a first Mortgage on a Unit, any member, any Person who has executed a binding contract for the purchase of a Unit, or the duly appointed representative of any of the foregoing at any reasonable time and for a purpose reasonably related to his or her interest in a Unit: the Declaration, By-Laws, and Articles of Incorporation, any amendments to the foregoing, the rules of the Association, books of account, the minutes of mectings of the members, the Board, and committees, and the Association's corporate books and records. The Board shall provide for such inspection to take place at the office of the Association or at such other place within the Condominium as the Board shall designate.

BL 03275 Pg 0525

(b) Rules for Inspection. The Board shall establish reasonable rules with respect to:

(1) notice to be given to the custodian of the records;

(ii) hours and days of the week when such an inspection may be made; and

(iii) payment of the cost of reproducing copies of documents requested.

(c) Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make a copy of relevant documents at the expense of the Association.

6.8 Notices. Except as otherwise provided in the Declaration or these By-Laws, all notices, demands, bills, statements, and other communications under the Declaration or 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 a member, at the address which the member has designated in writing and filed with the secretary or, if no such address has been designated, at the address of the Unit of such member; or

(b) if to the Association, the Board of Directors, or the managing agent, at the principal office of the Association or the managing agent, or at such other address as shall be designated by notice in writing to the member, pursuant to this section.

6.9 'Amendment. Except where a higher vote is required for action under a particular provision of the Declaration or these By-Laws, in which case such higher vote shall be necessary to amend, these By-Laws may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the members holding sixty-seven (67%) of the total vole of the Association. As long as the Declarant has the right to appoint directors of the Association as provided in the Declaration, any amendment to these By-Laws shall also require the written consent of the Declarant. Notice of any meeting which an amendment will be considered shall state the fact and the subject matter of the proposed amendment. No amendment shall become effective until it is certified by the president and secretary of the Association and recorded in the Athens-Clarke County, Georgia land records. Any amendment duly certified and recorded shall be conclusively presumed to have been fully adopted in accordance with the By-Laws.

Any action to challenge the validity of an amendment adopted under this section must be brought within one (1) year of the amendment's effective date. No action to challenge any such amendment may be brought after such time.

฿₺ 03275 ₽g_0526

CERTIFICATION

I, the undersigned, do hereby certify:

That I am the duly elected and acting secretary of The Seasons Condominiums Owner's Association, Inc., a Georgia non-profit corporation;

That the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a meeting of the Board of Directors, held on theft-day of _ f _, 2007(r)śł

IN WITNESS WHEREOF, I have hereunto subscribed may name and affixed the seal of said Association this ~ day of fed _, 2007.

THE SEASONS CONDOMINIUM

ASSOCIATION, INC.

By:_— (SEAL)

BL: 03275 Pg 0527

EXHIBIT IDS

(Description of the Additional Property which may be submitted to the Condominium)

First:

All that tract or parcel of land lying and being in the1899th district, G.M., Athens-Clarke County, Georgia, containing 4.651 acres, more or less, and depicted on that Plat of Survey by Paul & Evans Land Surveying, Inc., Gregory J. Evans, registered land surveyor, dated July 31st, 1998, entitled, "Survey for Locos Franchising Co., Inc.", said Plat being recorded in the office of the Clerk of Superior Court for Athens-Clarke County, Georgia at Plat Book 34, Page 257, reference to which is hereby made for a more accurate description thereof.

Second:

Any other property located adjacent to the property submitted to the Condominium herein in this Declaration, either presently owned by the Declarant or that subsequently comes under the ownership of same.

BL 03275 Pg 0528

EXHIBIT "E"

ARCHITECT OR ENGINEER'S CERTIFICATION

THE SEASONS CONDOMINIUMS

Pursuant to the requirements of the Georgia Condominium Act, O.C. G. A. $44-3-70, et seg., this is to certify that the undersigned has visited the site of the subject property and viewed the subject property and that, to the best of my knowledge, information and

1. The exterior walls and roof of each structure are in place as shown on the Plans; and 2. Such walls, partitions, floors, and ceilings, to the extent shown on said plans, as constitute the horizontal boundaries, if any, and the vertical boundaries of each unit, including convertible space, if any, have been sufficiently constructed so as to clearly establish the physical boundaries of such units.

This the 31_ day of a enre 2006200]

Archite Engineer's Seal

FILED IN OFFICE CLERK SUPERIOR COURT CLARKE COUNTY. GEORGIA PROTECTIVE COVENANTS

FOR 2001 OCT -3 PM 3: 45 CARRINGTON PLANTATION SUBDIVISION PHASE ONE (1)

PLAT BOOK 3€ PEAT BOOK SO PAGE 2-3 C, CLARKE COUNTY, GEORGIA, AROME

SUBJECT TO THE FOLLOWING RESTRICTIONS WHICH ARE COVENANTS

RUNNING WITH THE LAND. ALL PURCHASERS OF LOTS IN SAID PLAT, FOR

THEMSELVES, THEIR HEIRS AND ASSIGNS, BY THE PURCHASE OF SAID

LOTS, AGREE TO BE BOUND BY THE COVENANTS CONTAINED HEREIN,

AND MAY BE ENFORCED BY THE OWNER OF ANY LOT IN THE

SUBDIVISION, AND SHALL REMAIN IN FORCE AND EFFECT UNTIL,

JANUARY 1, 2021, SHALL NOT BE RENEWED BY THE OPERATION OF LAW.

1. Lots shown shall be for single family private dwellings with no lots or structure being

used for any type of business commercial enterprise. No building shall be erected on

any lots to be used as a school, church, or kindergarten.

2. Bach Lot must be used for residential purposes only and no noxious or offensive

activities shall be maintained thereon. Each such lot is sold as and shall be used as a

single residential lot: provided however, a lot or any portion thereof may be added to

or combined with another lot or portion of another lot so as to form a singie

residential building lot. The right to combine lots or portions of lots shall not be

construed to grant the right to rc-subdivide lots onto a greater number of lots.

3. No structure shall be erected, altered, placed or permitted to remain on any lot other

than one detached single family dwelling constructed and maintained for the use and

occupancy of a single family unit and private garage for not more than three cars and

other outbuildings customarily used in connection with and incidental to a single

family dwelling all subject to the approval of the Developer.

4. No building shall be erected on any lot, which is more than two stories high on the

side of such dwelling, which fronts the street. A corner lot shall be considered to

front only the street so designated on the approved plans.

5. No dwelling may be built on any lot with a ground floor area of any main structure,

exclusive of one story open porches and garages, of less than 1350 square fect in the

case of a one story structure, nor less than 800 square feet in the case of a one and

one-half or two story structure.

6. No trailer, tent, shack, detached carport, barn or other outbuilding erected on any lot

shall at any time be used as a residence, temporarily or permanently, nor shall any

structure of a temporary character be used as a residence.

7. No clothesline, drying racks, or fences used for drying clothes shall be constructed or

maintained on any lot.

BOOK 22090 PAGE 104

0015328

8. No exposed above ground tanks will be permitted for the storage of fuel, water or for any other use. 9. No relocated houses, modular or mobile homes shall be moved or placed on any lot. 10. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road-ways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street property lines extended, and no tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent oostruction of such sight lines.

11. Fences and walls shall conform architecturally to the dwelling on any lot, shall be located only in the rear of the residence and shall be approved by the Developer prior to construction. 12. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on said lot, except that dogs, cats and other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.

13. The purchaser of a lot assumes the responsibility for its maintenance, and agrees to maintain same in a neat, orderly and clean state.

14. Exterior antennas for television, radio or any type transmission shall be placed at the rear of the residence or behind the chimney as to be unobtrusive; no microwave receiving dishes or other similar equipment may be erected without approval from the Developer. No such equipment, which interferes with normal television or radio reception, will be permitted.

15. No accumulation of discarded personal effects, debris, waste, garbage, or other unsightly objects or matter will be permitted on any lot or on outside of house. All garbage cans shall be concealed from view of the street and neighboring property except on specific days of scheduled pickup. All woodpiles shall be concealed from view of the street and neighboring property. No debris of any kind shall be buried on any lot. 16. No sign of any kind shall be erected on any lot except for reasonable and appropriate For Sale' and For Rent' signs relating to the lot. Entry signs, fences, sub-division identification signs, and sales information signs erected by developer or his agents are hereby excepted.

17. The term "vehicles" as used herein shall include, without limitation, motor homes, boats, trailers, motorcycles, mini-bikes, scooters, go-carts, trucks, campers, buses, vans, and automobiles. Unless and except to the extent that the occupants of a lot shall have more vehicles than the number of parking areas serving their lot, all vehicles shall be parked within such parking areas. Vehicles shall not be parked on the street for more than twenty-four (24) hours. Any recreational vehicles parked on any lot shall not be visible from any street. Additionally, neither vehicles with more than 2 axles nor commercial vehicles shall be stored or parked on any lot, unless same are completely within the garage, with the outside door of the garage closed. 18. No window air conditioning units may be installed that are visible to the street or neighboring property.

BOOK 2090 PAGE 105

19. No house shall be nearer a fronting street than the building line shown on the plat, nor nearer than 15 feet to any side lot line, nor nearer than 40 feet from the rear lot line. 20. All homes shall be built with side entry garage; no front entry garages shall be permitted.

21. Builders shall be held responsible for implementation and conformance with county soil erosion control ordinances on lots they own.

22. Builders shall be required to maintain cleanliness of building sites, removing all debris and construction materials after completion of construction. He shall be required to remove transported soils from the street gutters and catch basins abutting developed lot. He shall seed or sod all disturbed carth with a permanent vegetative cover. No dumping of extra concrete, etc., shail be permitted on curbing, streets, or lots.

23. Builders and residents shall not alter, remove or'add improvements to any entry features constructed by the developer on any lot or any easement area associated therewith without the prior written consent of the developer.

24. No structure shall be commenced, erected, placed, moved onto or permitted to remain on any lot nor shall any existing structure upon any lot be altered in any material manner unless the plans and specifications therefore shall have been submitted to and approved in writing by the Developer. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Developer, including without limitation:

(a) a foundation plan;

(b) a floor plan;

(c) Specifications and materials, color scheme, lighting scheme and other details affecting the exterior appearances of all proposed structures and alterations to existing structures.

25. After review of the plans, the Developer shall either approve or disapprove same and notify the person requesting such approval of their decision. Notification shall be made in writing. The Developer shall act within 30 days of the request for approval or disapproval. Failure by the Developer to take action within 30 days shall constitute approval of the same.

26. Landscaping shall include placement of a minimum of four (4) pallets of Bermuda sod in the front lawn. Additionally, a wrought iron mailbox approved by the Developer shall be purchased and installed prior to occupation of home.

27. Builder shall be responsible for placement of sidewalk(s) along the front and sides, if on a corner, for each lot they build upon. Sidewalks shall be built as per AthensClarke county specifications and shall meet adjoining sidewalks if they already exist. 28. No lot shall be used in order to provide access and/or rights of way to any parcel(s) of property.

29. No hunting is allowed anywhere in the subdivision.

30. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

BOOK 2090 PAGE 106

Menise la - sectł

Dense Tarver, Sec. Treas.

Rich-Way Properties, Inc.

Developer

49 Piedmont Drive, Suite 101

Winder, Georgia 30680

Christri Wehi

Unofficial Witness:

Swom before me this date:

4182001

Date

BARROW COUNTY, GEORGE

PUBLICA VY COMMISSION ERES APE, 2004

KARON

BOOK 2090 PAGE 107

FLED IN OFFICE X VIPERIOR COURT PROTECTIVE COVENANTS TY PEORGIA CARRINGTON PLANTATION SUBDIVISION PHASE 18(2) AM 10: 08

SUBJECT TO THE FOLLOWING RESTRICTIONS WHICH ARE COVENANTS RUNNING WITH THE LAND. ALL PURCHASERS OF LOTS IN SAID PLAT, FOR THEMSELVES, THEIR HEIRS AND ASSIGNS, BY THE PURCHASE OF SAID LOTS, AGREE TO BE BOUND BY THE COVENANTS CONTAINED HEREIN, AND MAY BE ENFORCED BY THE OWNER OF ANY LOT IN THE

SUBDIVISION, AND SHALL REMAIN IN FORCE AND EFFECT UNTIL,

JANUARY 1, 2022, SHALL NOT BE RENEWED BY THE OPERATION OF LAW.

1. Lots shown shall be for single family private dwellings with no lots or structure being used for any type of business commercial enterprise. No building shall be erected on any lots to be used as a school, church, or kindergarten.

2. Each Lot must be used for residential purposes only and no noxious or offensive activities shall be maintained thereon. Each such lot is sold as and shall be used as a single residential lot: provided however, a lot or any portion thereof may be added to or combined with another lot or portion of another lot so as to form a single

residential building lot. The right to combine lots or portions of lots shall not be construed to grant the right to re-subdivide lots onto a greater number of lots.

3. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling constructed and maintained for the use and occupancy of a single family unit and private garage for not more than three cars and other outbuildings customarily used in connection with and incidental to a single family dwelling all subject to the approval of the Developer.

4. No building shall be erected on any lot, which is more than two stories high on the side of such dwelling, which fronts the street. A corner lot shall be considered to front only the street so designated on the approved plans.

5. No dwelling may be built on any lot with a ground floor area of any main structure, exclusive of one story open porches and garages, of less than 1350 square feet in the case of a one story structure, nor less than 800 square feet in the case of a one and one-half or two story structure.

6. No trailer, tent, shack, detached carport, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

7. No clothesline, drying racks, or fences used for drying clothes shall be constructed or maintained on any lot.

BOOK 2296 PAGE 509

8. No exposed above ground tanks will be permitted for the storage of fuel, water or for any other use.

9. No relocated houses, modular or mobile homes shall be moved or placed on any lot. 10. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road-ways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street property lines extended, and no tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height

11. Fences and walls shall conform architecturally to the dwelling on any lot, shall be located only in the rear of the residence and shall be approved by the Developer prior to construction.

12. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on said lot, except that dogs, cats and other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.

13. The purchaser of a lot assumes the responsibility for its maintenance, and agrees to maintain same in a neat, orderly and clean state.

14. Exterior antennas for television, radio or any type transmission shall be placed at the rear of the residence or behind the chimney as to be unobtrusive; no microwave receiving dishes or other similar equipment may be erected without approval from the Developer. No such equipment, which interferes with normal television or radio reception, will be permitted.

15. No accumulation of discarded personal effects, debris, waste, garbage, or other unsightly objects or matter will be permitted on any lot or on outside of house. All garbage cans shall be concealed from view of the street and neighboring property except on specific days of scheduled pickup. All woodpiles shall be concealed from view of the street and neighboring property. No debris of any kind shall be buried on

16. No sign of any kind shall be erected on any lot except for reasonable and appropriate "For Sale" and "For Rent' signs relating to the lot. Entry signs, fences, sub-division identification signs, and sales information signs erected by developer or his agents are hereby excepted.

17. The term "vehicles" as used herein shall include, without limitation, motor homes, boats, trailers, motorcycles, mini-bikes, scooters, go-carts, trucks, campers, buses, vans, and automobiles. Unless and except to the extent that the occupants of a lot shall have more vehicles than the number of parking areas serving their lot, all vehicles shall be parked within such parking areas. Vehicles shall not be parked on the street for more than twenty-four (24) hours. Any recreational vehicles parked on any lot shall not be visible from any street. Additionally, neither vehicles with more than 2 axles nor commercial vehicles shall be stored or parked on any lot, unless same are completely within the garage, with the outside door of the garage closed. 18. No window air conditioning units may be installed that are visible to the street or neighboring property.

800K 2296 PAGE 510

19. No house shall be nearer a fronting street than the building line shown on the plat, nor nearer than 15 feet to any side lot line, nor nearer than 40 feet from the rear lot line. 20. All homes shall be built with side entry garage; no front entry garages shall be permitted.

21. Builders shall be held responsible for implementation and conformance with county soil erosion control ordinances on lots they own.

22. Builders shall be required to maintain cleanliness of building sites, removing all debris and construction materials after completion of construction. He shall be required to remove transported soils from the street gutters and catch basins abutting developed lot. He shall seed or sod all disturbed earth with a permanent vegetative cover. No dumping of extra concrete, etc., shall be permitted on curbing, streets, or 23. Builders and residents shall not alter, remove or add improvements to any entry features constructed by the developer on any lot or any easement area associated therewith without the prior written consent of the developer.

24. No structure shall be commenced, erected, placed, moved onto or permitted to remain on any lot nor shall any existing structure upon any lot be altered in any material manner unless the plans and specifications therefore shall have been submitted to and approved in writing by the Developer. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Developer, including without limitation:

(a) a foundation plan;

(b) a floor plan;

(c) Specifications and materials, color scheme, lighting scheme and other details affecting the exterior appearances of all proposed structures and alterations to existing structures.

25. After review of the plans, the Developer shall either approve or disapprove same and notify the person requesting such approval of their decision. Notification shall be made in writing. The Developer shall act within 30 days of the request for approval or disapproval. Failure by the Developer to take action within 30 days shall constitute approval of the same.

26. Landscaping shall include placement of a minimum of four (4) pallets of

Bermuda sod in the front lawn. Additionally, a wrought iron mailbox approve by the Developer shall be purchased and installed prior to the occupancy of the home. 27. Builder shall be responsible for placement of sidewalk(s) along the front and sides, if on a corner, for each lot they build upon. Sidewalks shall be built as per AthensClarke county specifications and shall meet adjoining sidewalks if they already exist. 28. No lot shall be used in order to provide access and/or rights of way to any parcel(s) of property.

29. No hunting is allowed anywhere in the subdivision.

30. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.

BOOK 2206 PAGE 511

lense Ta - sectt

Denise Tarver, Sec. Treas.

Rich-Way Properties, Inc.

Developer

49 Piedmont Drive, Suite 101

Winder, Georgia 30680

Thom & leaten

Unofficial Witness:

............

Sworn before me this date:

10/31/2002

C. Gleaton, Notary

JULIE C. GLEATON, N.P.

BARROW COUNTY, GEORGIA

Expiration Date: MY COMMISSICN EARNES JULY 7, 2006

COU

BOOK 2 29 6 РАБЕ 5 ₫

...