Jennings Mill Covenants

0008 83/877 DECLARATION OF RESTRICTIONS AND COVENANTS JENNINGS MILL

THIS DECLARATION, made on the date hereinafter set fore natter Sometimes tied i tarantited Partnership (hereinafter sometimes

RECITALS :

A. Declarant is the owner of the real property described in Exhibit "A" attached hereto, as well as certain referenced in Section l of Article II of this Declaration and additional real property referenced in Section 2 of Article II and described in Exhibit "B" attached hereto.

described in Exhibit "A" to the provisions of this Declaration, Declarant desires to subject the real property part of the additional property described in Exhibit "B" to the and Declarant desires to reserve the option to subject all or provisions of this Declaration.

property described in Exhibit "A" to this Declaration, including NOW, THEREFORE, Declarant hereby declares that the real the improvements constructed or to be constructed thereon, and any additional property described in Exhibit "B" as may by amendment hereto be subjected to this Declaration, is hereby subject to the provisions of this Declaration, and shall be held otherwise encumbered subject to the covenants and restrictions conveyed, used, occupied and mortgaged or (sometimes referred to herein collectively as "covenants and of protecting the value and desirability of, and which shall rur which are for the purpose and shall be binding on all persons having any right, title or with the title to the real property hereby made subject hereto, interest in all or any portion of the real property now made successors, successors-in-title and assigns, subject hereto, Their respective heirs, legal representatives, the benefit of each and every owner of all. of any portion and shall inure to thereof.

ARTICLE I

DEFINITIONS

A. "Additional Property" shall mean and refer to the improvements thereon. real property described in Exhibit "B" and all

B. "Architectural Control Committee" shall mean and initially comprised of the Declarant and such other refer to the Board of Directors of the Association and thereafter those persons selected annually by individuals or entities as Declarant may appoint this Declaration. the Owners in compliance with the provisions of c. "Association" shall mean and refer to the Jennings

Georgia corporation, its successors and assigns. Mill Homeowner's Association, Inc., a non-profit D. "Community" shall mean and refer to that certain hereto and any Additional Property described in real property described in Exhibit "A" attached subjected to this Declaration. Exhibit "B" as may by amendment hereto be E. "Declarant" shall mean and refer to (i) Jennings

Mill, Ltd., a Georgia Limited Partnership, the successor-in-title to the said party to all or party executing this Declaration, or (11) any some portion of the Community, provided such successor-in-title shall acquire such Community for further, in the instrument of conveyance to any the purpose of development or sale, and provided such successor-in-title, such successor-in-title is expressly designated as the "Declarant" hereunder at the time of such conveyance; or (iii) should any of the Community become subject to a first repayment of a construction or development loan, mortgage given by "Declarant" as security for the reserved to "Declarant" shali inure to the benefit then all the rights, privileges and options herein the owner of all the Community then subject of the holder of such mortgage upon its becoming thereto through whatever means, or the purchaser of all such Community at a judicial or foreclosure in such mortgage; and, further, all the rights, sale made pursuant to ahy power of sale contained Community provided any such successor-in-title in-title of any such acquirer of title to such or sale all or some portion of such Community, and shall acquire for the purpose of development provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant" hereunder by the

vileges and options herei. 000: "sclarant may be transferred to the successorpreserved to in-title of any such acquirer of title to such Community provided any such successor-in-title or sale all or some portion of such Community, and shall acquire for the purpose of development to such successor-in-title, provided further, in the instrument of conveyance is designated as the "Declarant" hereunder by the such successor-in-title grantor of such conveyance, which grantor of such shall be the "Declarant" hereunder at the time of such conveyance. In the event that entitled to succeed to the interests of "Declarant" as persons specified in both (11) and (111) above become therein provided, then as between such persons, any erson entitled to be "Declarant" by virtue of (iii) above shall be "Declarant" instead of any person entitled to be "Declarant" by virtue of (ii) above. security deed and any and all other similar means any mortgage, deed to secure debt, instruments used for the purpose of conveying or encumbering real property as security for the payment or satisfaction of an obligation.

G.

obligation. security for the performance or satisfaction of any H. "Person" means any natural person, as well as a limited), association, trust or other legal entity. corporation, joint venture, partnership (general or I. shall mean any plat of land located within the designated on any plat of survey recorded in the Community which constitutes a single dwelling site which the Community is located, as well as any building office of the Clerk of Superior Court of the county in is intended for independent residential use. or any portion of any building located thereon which

ARTICLE II

PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONAL PROPERTY real property which is, Property Subject to Declaration. by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth be held, transferred, sold, conveyed, used, occupied and and which, by virtue of the recording of this Declaration, shall mortgaged or otherwise encumbered subject to this Declaration is real property described as the Community in Article I hereof.

Property. section 2. Plan of Development of Additional exercised in its sole discretion, to submit fron time to time Declarant hereby reserves the option, to be provisions of this Declaration and thereby to cause the the Additional Property or a portion or portions thereof to the Additional Property or a portion part of the Community. or portions thereof to become construct approximately nine hundred fifty (950) Units on At this time, Declarant intends to and other improvements serving such Units. However, Declarant che Additional Property, together with roads, utility systems, Additional Property provided that Declarant is in compliance reserves the right to construct fewer or more Units on the with the applicable provision of the zoning ordinance of the which the Community is located. exercised by Declarant in accordance with the following This option may be limitations on such option to add all or any portion of the conditions and limitations, which are the only conditions and Additional Property to the Community:

during a period of seven (7) years from the date of this The option may be exercised from time to time Declaration; provided, however, the right to terminate such option at any time prior to the that the Declarant reserves filing an agreement with the records of the Clerk of the expiration of such seven (7) year period by executing and located evidencing such termination, and except for such Superior Court of the county in which the Community is termination by the Declarant, no other circumstances will terminate such option prior to the expiration of such seven (7) year period.

is set forth on Exhibit "B"; portions of the Additional The legal description of the Additional Property times, and there are no limitations fixing the boundaries of Property may be subjected to this Declaration at different those portions or regulating the order, sequence, or location in which any of such portions Community. The exercise of the option to submit a portion may be added to the the further exercise of this option as to other portions or of the Additional Property to the Declaration shall not bar the balance of the Additional Property.

boundaries, and the horizontal boundaries are the (c) The Additional Property has no vertical the property line boundaries set forth in legal perpendicular vertical proiectiohs of those lines which are descriptions on Exhibit "B".

is added to Jennings Mill, the improvements, If the Additional Property or any portion thereof on any portion of the Additional Property which may be added if any, located to Jennings Mill shall be similar to, or compatible with, the improvements to be constructed on the tract or parcel quality of construction, principal materials used, and of land described in Exhibit "A" in terms of location architectural style. If the Additional Property or any Declarant shall have the right, but not the obligation, to portion thereof is subjected to this Declaration, construct on the Additional Property, or any portion

deem advisable for the common use and enjoyment of the , such recreational and ober facilities as Declarant owners, their families, tenants, guests, and there are no limitations with respect to the location of invitees; such facilities on the Additional Property.

is subjected to this Declaration, the homes constructed (e) If the Additional Property or any portion thereof thereon will be restricted exclusively to residential use. is subjected to this Declaration, Declarant reserves the (f) If the Additional Property or any portion thereof right to designate the boundaries of the Units thereon. portion thereof, not be exercised within the term Should the option to add the Additional Property, specified herein or be terminated by Declarant, such option shall in all respects expire and be of no further force and terminated, as aforesaid, Declarant shall not be In the event that such option expires or is to impose on the Additional Property covenants, conditions or restrictions the same or or any portion thereof similar to those contained herein.

The option reserved by Declarant to cause all or the Additional Property to become part of Declarant any obligation to add all or any portion of the Jennings Mill shall in no way be construed to impose upon Additional Property to Jennings Mill or subject it to this Declaration or to construct thereon any improvements of any nature whatsoever. The option reserved under this Article II may be exercised by Declarant only by the execution of an amendment to this Declaration which shall be filed in the which the Community is located. records of the Clerk of the Superior Court of the county in At or before the consummation of the sale of the last Unit, Declarant shall convey to the Association any common areas of the Additional Property, or such portion thereof so submitted such conveyance to be subiect to the lien of taxes not vet due and payable, utility easements serving the Community exceptions which would be disclosed by a survey or physical and/or the Additional Property, matters of record and any inspection of such parcel. expressly submit the Additional Property or such portion Any such amendment shall thereof to all the provisions of this Declaration as it may be amended, described in Exhibit "A" and the Additional Property or such understood as and construed as embracing the parcel portion thereof which is submitted to the terms hereof,

.....

Additional Property or any portion thereof is added to together will all improvements located thereon. Jennings Mill, then from and after the addition of the Additional Property or such portion to Jennings Mill by such amendment to this Declaration, the number of votes in the located on the Additional Property or such portion thereof Association shall be increased by the number of Units be one (1) vote in the Association per Unit in Jennings as is added to Jennings Mill so that there shall continue to of Development. Section 3. Units and Other Interests Subject to Plan Unit and every mortgagee and lienholder holding an interest Every purchaser of a Unit shall purchase such respect thereto, with notice of Declarant's plan of development therein shall take title, or hold such security interest with as herein set forth, and Declarant shall have and does hereby specifically reserve the right to add the Additional Property or portion thereof to Jennings Mill as hereinabove provided, and respect to each Unit located within the Additional property'its appurtenant membership and voting rights in the to convey to the purchaser thereof the title to the Association. Any provision of this Declaration to the contrary development set notwithstanding, the provisions of this the foregoing plan of forth in this Article II may not be abrogated, modified, rescinded, supplemented or amended in whole or in part without the prior written consent of Declarant.

ARTICLE 111

ARCHITECTURAL CONTROL COMMITTEE

Section 1. Purpose, Powers and Duties of the Architectural Control committee is (a) Architectural Control Committee The purpose of the

Declaration: enforce the covenants and restrictions set forth in this to a administer and in coniunction with the enforcement of this Declaration; and to collect and disburse any fees and charges any structure on any Unit is submitted to the Architectural to assure the installation, construction or alteration of installation, construction or alteration is in conformity and Control Committee for approval (1) as to whether the proposed harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the structures with respect to topography, finished ground development of the Community; and (ii) as to the location of elevation and surrounding structures.

action 2. Selection of the Architectural Control Committee.

the execution date of this Declaration until such time as the Initial Architectural Control Committee. Declarant's right to submit the Additional property to the provisions of this Declaration pursuant to Article II expires and all Units have been fully developed, permanently improved,

2 (b) hereof, the Declarant shall serve as the Architectural Control Committee only with respect to its functions related to new residence construction and Unit improvement in connection therewith, and the elected Board of Directors of the Association shall function in all other capacities. Upon the sale by Declarant to an Owner of the last Unit and the construction and completion of a permanent residence thereof, the Declarant shall cease functioning as the Architectural Control Committee in all

However, the Declarant may at any time prior thereof resign from the Architectural Control Committee, turning its functions over to the Board of Directors of the Association.

Meetings. The Architectural Control shall hold such meetings as required or allowed for the Board of Directors by the By-Laws.

Section 4. Action of Members of Architectural Control Committee. Any member of the Architectural Control Committee may be authorized by the Architectural Control Committee to exercise the full authority of the Architectural Control Committee with respect to all matters over which the

Architectural Control Committee has authority as may be specified by resolution of the Architectural Control Committee. The action of such member with respect to the matters specified shall be final and binding upon the Architectural Control Committee and upon any applicant for an approval permit or authorization, subject, however, to review and modification by he Architectural Control Committee on its own motion or appea. by the applicant to the Architectural Control Committee as provided herein. Written notice of the decision of such member for an approval permit or authorization. shall, within five (5) days thereof, be given to any applicant within ten (10) days after receipt of notice of any decision The applicant may, which he deems to be unsatisfactory, file a written request to have the matter in question reviewed by the Architectural Control Committee. matter with respect to which request was filed shall be Upon the filing of any such request, the submitted to, and reviewed promptly by, the Architectural control Committee, but in no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the Architectural control committee with respect to such matter shall be final and binding.

ARTICLE IV

BUILDING REQUIREMENTS

restrictions shall apply to the property which is initially The following property rights and architectural Additional Property which is hereafter subjected to this subjected to this Declaration as well as to any portions of the Declaration pursuant to Article II.

Section 1. Subdivision No Unit shall be subdivided, or its boundary lines changed, of Unit except with the prior written approval of the Architectural Control Committee. Declarant, however, until such time as the last Unit is sold by the Declarant to an Owner, hereby expressly reserves the right to replat any two (2) or more Units in order to create a modified residential Unit or Units, and to take such other steps as reasonably may be necessary to make such replatted Unit or Units suitable as a building site or sites. All of the covenants and restrictions set forth herein shall apply to each change or such Unit, if any, so created. Any such division, boundary line replatted Unit shall not be in violation of the applicable County subdivision and zoning regulations.

Section 2. Approval of Plans. No building, fence, pool or other structure or improvement of any kind shall be wall, road, driveway, parking area, tennis court, swimming erected, placed, altered, added to, modified, maintained or epoved in on by the fun icectus control comice. the "Improvement" shall mean and include any improvement, change or modification of the appearance of a Unit from the state existing Unit Owner. on the date of the conveyance of such Unit by Declarant to a this Section, a Unit Owner shall submit to the Architectural Before taking any action requiring approval under Control Committee a construction schedule and two (2) complete. final plans and outline specifications, plan (which site plan shall show driveways, patios, decks, showing site accessory buildings, and all other components referenced in the So change are to a lone tediot a euch a pe she ana trianes. specifications as approved shall be made without the prior written approval by the Architectural Control Committee. alteration in the or other improvement shall be made without like approval by the exterior appearance of any building, structure construction, Architectural Control committee. Further, before beginning any Architectural Control Committee and approval by the the name of the builder must be submitted to the Architectural Control Committee as to building experience and ability to build houses or other structures of the class and type

of those ch are to be built in thes ommunity must be granted. The Architectural Control Committee shall act in accordance approve or disapprove the same. with Article III, Section 4 upon receipt of such information to Control Committee, nor any person or party to whom the Neither the Architectural Architectural Control Committee shall assign such function, shall be responsible or liable in any way for the performance of specteral detecte in any test done scorating to such plane and nor for any specifications. The Architectural Control Committee may refuse approval of plans, siting or specifications upon any ground, including purely aesthetic considerations, which in its sol‹ of improvements hereunder shall not waive the Architectural it shall deem sufficient. Approval of any one series to the same Unit. Control Committee's rights to disapprove subsequent improvements

Section 3. Building Location.

establishment of inflexible building setback lines for locating buildings both directly behind and directly to the side of other or other structures tend to force construction of homes or buildings, with detrimental effect on privacy, view, preservation of important trees, etc., except as to Units abutting property which is part by Declarant or of a golf course to be developed than those which may be required by applicable governmental rules and regulations and those which may be shown on recorded plats which shall be observed. The Architectural Control Committee reserves the right to control solely and absolutely the precise site and location of any proposed house, dwelling, building, or other structure or improvement upon all Units. Such location shall be determined, however, only after reasonable opportunity is afforded the Unit Owner to request a specific site. Units which abut property now or in the future being a part of a golf course developed by Declarant or an Club shall be subject to a building setback line of. 50 feet affiliate of Declarant known or to be known as the Jennings Mill along such property lines of the Units which abut such golf course property. within such building setback area. No improvements shall be placed or erected

Section 4. Provision of Adequate Parking.

garage of sufficient size to house at least two (2) motor single family residence constructed on any Unit must have a vehicles. Said two (2) vehicle garage shall be constructed entirely within the building setback area, and must be substantial and conform architecturally to the dwelling to which Owners may request in writing to the Architectural Control committee a waiver of this requirement to allow a garage allow for no garage at all. of sufficient size to house only one (1) motor vehicle, or to may under reasonable circumstances grant such a request where The Architectural Control Committee the resulting appearance of the Unit is likely to preserve the overall appearance, scheme and design of the Community.

number of vehicles owned by the owner exceeds the capacity of the garage, the Owner shall provide paved off-street parking for located entirely within the building setback area. each of such additional motor vehicles, which parking shall be utility connections shall be made to any dwellIng or other Section 5. Attachment of Utilities. No permanent structure by any utility, public or private, until the Architectural Control Committee has verified general compliance with these covenants and restrictions and with the plans and Unit, parcel of land, residence, building or other structure on and has approved said utility connections in writing. said property, when required to be served by a utility, must be served by a water system and other utilities approved by the Architectural Control Committee.

Section 6. Other Building Requirements. limited the exercise of the Architectural Control Committee's requirements set forth below are in no way to be construed as discretion pursuant to Section 2 and 3 above.

contain a minimum of 2250 square feet of heated living space in (a) All units in Jennings Mill subdivision must level or two-story structure, the square footage on the main and the case of a one-story structure. In the case of a split Owners may upper levels must total 2500 square feet of heated living space. request in writing to the Architectural Control square feet of heated living space. Committee a waiver of this requirement to allow a minimum of 2000 Committee may under reasonable circumstances grant such a request The Architectual Control the overall appearance, scheme, and design of the Community. where the resulting appearance of the Unit is likely to preserve constructed only of materials, and (b) Each residence and other structures shall be by the Architectural Control Committee. in colors, approved in writing approved in writing by the Architectural Control Committee, and Driveways shall be constructed only of materials any culverts, pipes or conduits for water placed in or under driveways shall be covered at points of protrusion from Architectural Control Committee. driveways or the ground with materials approved by the

(d) The exterior of all residences and other

... atructures yet bontriction ahe the decapint on suer untain commencemere such a plete with eaten the rite ture. result in greater hardship to the owner or Builder due to Control Committee such completion is not possible or would strike, fire, national emergency or natural calamity.

telephone lines shall be placed underground, and no exterior (e) All electricial service, cable television and reception of television signals, radio signals or any other forn tower, antenna or other device for the transmission or of electromagnetic radiation, or for any other purpose, shall be erected, placed or maintained on any Unit except as may be Architectural Control Committee. constructed by the Declarant or approved in writing by the location, size, color, and intensity of all exterior lights Further, the design, type, shall be subject to control by the Architectural Control Committee and only such exterior lighting as shall have been approved in writing by the Architectural Control Committee shall be installed or used on any Unit.

conditioning equipment), fuel or water tanks and similar storage (f) Mechanical equipment (other than heating or air receptacles shall be installed only within the main dwelling, located or screened so as to be concealed fron view of within an accessory building, buried underground, or otherwise neighboring Units, streets and property located adjacent to the community. Heating and air conditioning equipment shall be installed in such location as will, to the maximum extent Units, streets and property located adjacent to the Community. possible, not be readily visible to the view of neighboring dwelling or (h) Unless located within ten (10) feet of a main accessory building or within ten (10) feet of an vegetation having a trunk diameter of six (6) inches or more at approved building site, no trees, shrubs, bushes or other a point of two (2) feet above ground level may be cut, pruned, mutilated or destroyed at any time without the prior written approval of the Architectural Control Committee; provided, vegetation shall be cut and removed promptly nowever, that dead or diseased trees, shrubs, bushes or other the Owner thereof after such dead or diseased condition is first from any Unit b and permission for such cutting and removal has been obtained. brought to the attention of the Architectural Control Committee

(1) No structure of a temporary character shall be building contractor during the course of construction. placed upon any Unit at any time, except for shelters used by a temporary shelters may not, at any time, nor be permitted to remain on the Unit after completion of be used as residences, construction.

maintained upon any part of any Unit except in connection with a No accessory building shall be placed, erected or residence already constructed or under construction at the time that such outbuilding is placed or erected upon that Unit.

Section 7. Right of Inspection. The architectural right during reasonable hours to enter upon and inspect any Unit control Committee, its agents and representatives, shall have the the installation, construction, alteration or maintenance of any and improvement thereon for the purpose of ascertaining whether improvement or the use of any Unit or improvement is in compliance with the provisions of this Declaration; committed a trespass or other wrongful act solely by reason of Architectural Control Committee shall not be deemed to have such entry or inspection.

Section 8. Violation. If any improvement shall be than in accordance with the plans and specifications erected, placed, maintained or altered upon any Unit, otherwise the Architectural Control Committee pursuant to the provisions of this Article, such erection, placement, maintenance or approved by of this Article and without the approval required herein. alteration shall be deemed to have been undertaken in violatior violation shall have occurred, the Architectural Control the opinion of the Architectural Control Committee such any such construction, and take any other action permitted by Committee shall be entitled and empowered to enjoin or remove the By-Laws of the Association. Any costs and expenses incurred by the Architectural Control Committee in enjoining and removing any construction or improvements shall become a lien against the Owner's Unit in accordance with Article VII, Section 2. Additionally, the Architectural Control Committee shall be entitled to pursue all legal and equitable remedies.

Section 9. The Architectural Control fee to cover the cost of inspections performed pursuant to Committee may impose and collect a reasonable and appropriate Section 7 hereof, which such fee will be paid out of regular or special assessments established per Article VII hereof. Control Committee. shall be established from time to time by the Architectural

ARTICLE V.

USE RESTRICTIONS

used for single-family residential purposes exclusively. Section 1. Residential Use. All units shall be hereinafter provided, no structure or other improvement shall be Except erected, altered, placed, maintained or permitted to remain on any Unit other than one (1) detached single-family dwelling. Unit at any time except with the written approval of the business or business activity shall be carried on or upon any Architectural Control Committee from using any Unit owned by development and management of the Community. Declarant for the purpose of carrying on business related to the

"for rent" Ạgation 2. In for sale ne signs or advertising posters of any cial signs, including kind shall be erected! legal proceedings. as may be required by placed or maintained on any Unit except Nothing herein shall be construed, however, to prevent Declarant from erecting, placing or maintaining upon any Unit, or permitting the desirable erection, placing or maintaining upon any Unit by builders or of such signs as Declarant may deem necessary or residencesauring the period of the development, construction and sale of the Units and residences constructed thereon. Also, the provisions of this Section shall not apply to any mortgagee who. becomes the Owner of any Unit as purchaser at a judicial or deed to secure debt or as transferee pursuant to any proceeding foreclosure sale conducted with respect to a first mortgage or in lieu thereof.

Mail Boxes, Property Identification The Architectural Control newspaper boxes, if any, and of name signs on such boxes, as well as property identification markers and decorative hardware, attached to such mail-box, to any Unit or affixed or erected upon the grounds of the Unit. structure within the

Section 4. Clotheslines, Garbage Cans, Woodpileste located or screened so as to be concealed from view of All clotheslines, garbage cans, woodpiles, etc. shall Community. neighboring Units, streets and property located adjacent to the All rubbish, trash, and garbage shall be regularly from the premises and shall not be allowed to accumulate Section 5. Prohibited Structures. No mobile home, homes, tent, shack, house trailer, factory or manufacturer assembled homes, modular barn, or other outbuilding or structure be placed on any Unit at any time, either temporarily or (except accessory buildings otherwise permitted hereunder) shall buildings and the like shall be permitted for construction permanently; provided, however, house trailers, temporary or more real estate sales offices of Declarant for the purposes during the construction period of residences or as one property.

Section 6. Animals and Pets. No animals, livestock or any Unit, with the exception of dogs, cats or other usual and poultry of any kind may be raised, bred, kept or permitted on pets are not kept, bred or maintained for any common household pets in reasonable number, provided that said are not permitted to roam free, and in the sole commercial endanger the health, discretion of the Architectural Control Committee, do not make objectional noise or constitute a nuisance or inconvenience to the Owners of other Units or the

adjacent to the Community. Owners of other Units or the owner of any property located Dogs which are household pets shall within a pen or on a leash. at all times, whenever they are outside a dwelling, be confined No structure for the care, housing, visible from neighboring property. or confinement of any pets shall be maintained so as to be extent the Sectants or art have due to vehicles Section 7. Unless and except to the which exceeds the capacity of the garage, all such motor when a notor voicle to hearing of leaving the galage, excepter any Unit for a period longer than five (5) days in a condition No automobile or motor driven vehicle may be left upon highways. such that it is incapable of being operated upon the public After such five (5) day period, such vehicle shall be neighborhood and must be removed from the Community. considered a nuisance and detrimental to the welfare of the vehicle, boat, motor home or mobile home regularly stored upor Any towed twenty-four (24) hours each, shall be considered a nuisance and any Unit, or temporarily kept thereon for periods longer thar must be removed from the Community. loes not apply to such boats or other vehicles, whether The foregoing, however, garage or trailer storage areas, if any, designated by Declarant notor-driven or towed, as are stored wholly within a private may be parked, stored or temporarily kept within the Community, or the Architectural Control Committee. No commercial vehicles are within the Community temporarily to service existing unless such vehicles are stored wholly within private garages, improvements within the Community. improvements or are used in connection with the construction of responsibility of each Unit Owner to prevent the development of Section 8. Nuisance. It shall be the buildings or grounds on his or her Unit or Units. No Unit shall unclean, unhealthy, unsightly, or unkempt condition of be used, in whole or in part, for the storage of any property or untidy condition or that will be obnoxious to the eye; nor shall thing that will cause such Unit to appear to be in an unclean or will emit foul or obnoxious odors or that will cause any noise substance, thing, or material be kept upon any Unit that safety, comfort, or serenity of the occupants of surrounding or other condition that will or might disturb the peace, quiet, property. No noxious or offensive activity shall be carried on cause embarrassment, discomfort, annoyance, or nuisance to any upon any Unit, nor shall anything be done thereon tending to be maintained any plants or animals or device of thing of any person using any property adjacent to the Unit. There shall not dangerous, unsightly, unpleasant, or of a nature as may sort whose activities or existence in any way is noxious,

vUU. neighborhood by the Owners thereof. diminish or destroy the enjoyment or property in the

pursuit of hotle or her action, tang scily, Section 9. without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, the Community.

Section 10. Antennas. No Owner shall erect, use, or maintain any outdoor antenna or other device for the transmission or reception of television signals, radio signals, or any form of electromagnetic radiation, whether attached to a building or structure or otherwise without the prior written consent of the Architectural Control Committee; provided, however, Declarant and the Association shall have the right to erect and maintain such devices or authorize the erection and maintenance of such devices. Each Owner acknowledges that this provision benefits all Owners.

Section ll. Owner's Responsibility. All portions consistent with the provisions contained herein. of the Unit shall be maintained by the Owner thereof in a manner that the Declarant determines that any Owner has failed or In the event maintenance, refused to discharge properly his obligation with regard to the repair, or replacement of items for which he is responsible hereunder, the Association may perform the repair, replacement or maintenance and shall, except in the event of an Association's intent emergency situation, give the Owner written notice of the repair, or replacement, at Owner's sole cost and expense, to provide such necessary maintenancein Association. accordance with procedures set forth in the By-Laws of the

The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. hereof, the Association may provide any such maintenance, If any Owner does not comply with the provisions repair, or replacement at owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lién against the

ARTICLE VI

ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every owner of a Unit in the Community shall be a member of the Association. If title to shall be members. a Unit is held by more than one person, each of such persons Membership shall be to which it appertains and shall be transferred automatically appurtenant to see lef of unit

tion 5. Amplification. The provisions of this Article are to be amplified by the Articles of Incorporation and By-Laws of the Association; provided, however, that no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Units as set forth this Declaration, the Articles of Incorporation or the By-Laws In the event of any conflict or inconsistencies among Incorporation (in that order) shall prevail. of the Association, this Declaration and the Articles of

ARTICLE VII

ASSESSMENTS

provided for herein Section 1. Purpose of Assessments. The assessments administering and shall be used for the purpose

enforcing the covenants and restrictions set safety, welfare, forth in this Declaration, and promoting the recreation, health, occupants of Units in the Community. common benefit and enjoyment of the Owners and

Section 2. Creation of the Lien and Personal Obligation for Assessment. Each Owner of any Unit, by it shall be so acceptance of a deed or other conveyance there, or, whether or not covenants and agrees to pay to the Association assessments which expressed in any such deed or other conveyance, shall be fixed, established and collected from time to time as herein provided. Such assessments, together with such interest thereon and costs of collection thereof as herein provided, which each such shall be a charge on and a continuing lien upon the Unit against assessment is made. perfected by filing of record in the Office of the Clerk of Such lien shall be Superior Court of the County in which the Unit is located a claim of lien within ninety (90) days after the assessment, or portion thereof, for which a lien is claimed became due. _ such a claim of lien shall also secure all assessments, or portions thereof, which come due thereafter until the claim of lien is cancelled of record. liable for the portion of Also, each Owner shall be personally the Owner of a Unit, and his grantee shall be jointly and any assessment coming due while his is severally liable for such portion thereof as may be due and rights of the grantee to recover from the grantor the amounts payable at the time of a conveyance but without prejudice to the paid me renter there it haser ter faila on Provided,. however, and person foreclosure sale conducted with respect to a first mortgage on the Unit or pursuant to any proceeding in lieu of foreclosure of such mortgages shall be liable only for

title to the Unit. assessments coming due after the date such person so acquires

majority vo of the votes which the class A members present, by Annual Assessmer The Association, by called for such purpose, and with the consent of the Class B represented by proxy, are entitled to cast at a meeting duly member for so long as such membership shall exist, shall have he right, but is not required, to establish annual assessments herein. to carry out the purposes set forth in section 1 of Article VI otherwise provided Section 4. Uniform Rate of Assessment. in Section 8 of this Article, all annual Except as may be collected on a monthly basis or in such other reasonable assessments must be fixed at a uniform rate for all Units and Association. manner as may be determined by the Board of Directors of the

Section 5. Annual Assessments: Due Dates. association, as provided for in this Article VI, shall be The annual assessments, if any, payable to the each Unit as of the first day of the month next following the established on a calendar year basis and shall commence as to month in which any one of the following shall first occur: (1) the lapse of one (1) year from the date such Unit is conveyed by Declarant, or (11) a residence constructed on the Unit is first occupied, whichever occurs first. The date of the commencement of the annual assessment as to a particular Unit, as determined aforesaid, is hereinafter sometimes referred to as "the commencement date." Association shall be adjusted according to the number of months The first annual assessment payable to the Unless otherwise provided by the Board of Directors of the remaining in the calendar year as of the commencement date. Association, such prorated assessment shall be paid in equal monthly installments commencing on the commencement date. Association's Board of Directors shall fix the amount of the annual assessment payable to the Association against each Unit in advance of each annual assessment period. Unless otherwise and send written notice of same to every Owner subject thereto the foregoing provisions of this Section, one-twelfth (1/12) of provided by the Association's Board of Directors, and subject to to the Association on the first day of each month during the the annual assessment for each Unit shall become due and payable without further notice from the Association; provided, however, assessment period and shall be paid to the Association when due of such installments on any date on which any installment shall that each Owner shall have the right to prepay any one or more become due and payable.

furnish to any Owner liable for any (b) The Association shall, upon demand at any time, such assessment a Treasurer of the Association, certificate in writing signed by either the President or Association, if any, setting forth whether the same has been or by the manager of the

may be made for the issuance of these certificates. sonable charge, as determi ed by the Association, certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

annual assessments, Section 6. Special Assessments. In addition to any Article, the Association, if any brough the same voting procedure for authorized by Section 3 of this annual assessments per Section 3 of this Article, may levy special assessments against Units to the extent regular annual assessments, if any, are insufficient for the following purposes:

(a) Any of the purposes set forth in Section 1 of this Article, if no regular annual assessments are in effect;

To provide for the administration and enforcement including of the covenants and restrictions set forth in this Declaration, costs of litigation; and the payment of attorneys fees, court costs, and other property. (c) To resolve an emergency which threatens life or

There shall be an initial special assessment of $25.00 purchase of each Owner's Unit from Declarant. per Unit which shall be due from each Owner upon closing of the

Section 7. Effect of Non-Payment of Assessment: Remedies of the Association. Any assessment, or portion thereof, not paid when due shall be delinquent. If the same is not paid within five (5) days after the date, then a late charge equal to ten (10%) percent of the amount thereof, or $5.00, Association. whichever is greater, shall also be due and payable to the

If any assessment or portion thereof is delinquent for a period of more than five (5) days, then, if not paid within ten (10) days after written notice is given to the Unit Owner to make such payment, the entire unpaid balance of the assessment may be accelerated at the option of the Board of Directors and be declared due and payable in full.

assessment or portion thereof not paid when due shall bear legal rate. interest from the date of delinquency until paid at the maximum

The Board of Directors of the Association may suspend the voting rights of the Unit Owner during the period in which any assessment or portion thereof remains unpaid and may bring an action at law against the Unit Owner or Owners

personally obligated to pay the same or foreclose its lien against such Owner's Unit, in which event late charges,

interest, costs and attorney's fees in an amount equal to the greater of $250.00 or fifteen (15%) percent of the amount of such assessment or portion thereof which is past due shall become due and payable to the Association. All payments on account shall be applied first to costs of collection, then to

vuu then to 1a charges, then interest, old then to the assessment lien first due. Each Unit Owner, by his acceptance of a deed or and power to bring all actions against him personally for the other conveyance to a Unit, vests in the Association the right collection of such charges as a debt and to foreclose

aforesaid lien against his Unit in the same manner as other liens for the improvement of real property. The lien provided for in this Article shall be in favor of the Association and hall be for the benefit of all Unit Owners rought by the Association to enforce such lien against suc! Any legal action Unit shall be commenced within one (1) year from the time the assessment, or portion thereof, became due. such action within such time shall cause the lien to be Failure to bring Nasociation year the unit omar a ne gated co pan bo thee in accordance with the provisions hereof. The Association shall have the power to bid on the Unit at any judicial or foreclosure sale and to acquire, hold, lease, encumber and convey the same.

Section 8. Priority of Lien. The lien of the assessments and fees provided for in this Article and Article IV and V shall be prior and superior to all other liens except only (a) ad valorem taxes and (b) all sums unpaid on a first mortgage Superior Court of on a Unit, if any, filed of record in the office of the Clerk of the County in which the Unit is located. sale or transfer of any Unit shall not affect the assessment lien; provided, however, which is subject to a first mortgage pursuant to the judicial that the sale or transfer of any Unit lieu of foreclosure, shall extinguish the lien of such sale or foreclosure thereof, or pursuant to any proceeding in such sale or transfer. assessments as to the payments thereof which become due prior to the acquirer of title, and the successors-in-title and assigns No such sale or transfer shall relieve due or the Unit from the lien thereof. thereof from liability for any assessment thereafter becoming

Provided, however, the not of in are an age of the set on to assemen in in provided for herein with respect to such Unit coming due during the first mortgagee pursuant to such sale or transfer. the period while such Unit is or may be held for liquidation by

Section 9. Exempt Property. Notwithstanding the Article, all Units made subject to this commencement date otherwise established by Section 5 of this exempt from the assessments created herein until conveyed by Declaration shall be Declarant to another Unit Owner. Provided, however, that all Units made subiect to this Declaration and not so conveyed by Declarant shall be and become subject to such assessments as of the beginning of the calendar year next following the calendar year in which the Class B membership of the Association shall

terminate and cease to exist. Thereupon, such assessments shall be imposed at such rates and on such terms and conditions as may then be applicable to all Units conveyed by the Declarant prior thereto. Provided, further, nothwithstanding the foregoing, any Unit owned by Declarant and rented by Declarant shall become subject to said assessments (on a prorated basis if during a calendar year) as of the date the Unit is so rented. grantee of any interest in any property located in the interest, agrees that any Units owned by Declarant shall be Community, by acceptance of a deed or other conveyance of such exempt from said assessments as herein set forth.

Section 10. Notice to Association. Each Unit Owner address of the holder of any first mortgage encumbering such shall be obligated to furnish to the Association the name and Owner's Unit.

General Provisions Article VIII

committee. Section 1. Easements for Architectural Control Architectural Control Committee, its members, agents, employees There is hereby created in favor of the committee, and any management company retained by the Architectural Control as easement to enter in or to cross over the Units to the Units, as provided for herein. and to perform the duties of maintenance and repair of heady re control team a one actors, the follow magenta, Declarant easements and rights-of-way in, on, over, under and through any part of the Community as well as in, on, over, under and through any part of the Additional Property for so long as Declarant Declarant retains the right to submit the Additional Property to any Unit primarily for the purpose of sale or so long as hereof, whichever is longer. the provisions of this Declaration pursuant to Article II maintenance of wires, lines and conduits, and necessary or (a) For the erection, installation, construction and proper attachments in connection with the transmission of electricity, gas, water, telete ages Water in community antenna,

(b) For the construction of improvements on the Units; maintenance of storm-water drains, public and private sewers, For the installation, construction and and for any other public or quasi-public utility facility;

For use as sales office vUUŁ spaces in cohnection with its efforts to market Units; and model units and parking reasonably required, convenient or incidental to the completion, For the maintenance of such other facilities and improvement and sale of Units.

Committee, the Association, Section 3. The Architectural Control Coal have the tige to entore, by any preeting at lay or in easements, liens equity, all restrictions, conditions, convenants, reservations, and charges now or hereafter imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Declaration shall run with and bind the land and shall be and Section 4. Duration. The provisions of this Provided, however, so long as Georgia law limits the period remain in effect perpetually to the extent permitted by law. during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall provisions may be renewed or extended in whole or in part beyond run and bind the land so long as permitted by such law and such not to exceed the period permitted by such law provided such the initial period permitted by such law for successive periods renewal or extension is approved by at least eighty percent (80%) of the Unit Owners. Every purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance or a deed or other conveyance therefor, thereby and renewed as provided in this Section. agrees that such provisions of this Declaration may be extended rights elsewhere provided, each mortgagee of a Unit, or Section 5. Rights of Mortgages. In addition to the Declaration, including Federal National Mortgage Association, purchaser or insurer of a mortgage on any Unit subject to this Administration and the Federal Housing Administration shall (a Federal Home Loan Mortgage Corporation, the Veterans be entitled to written notice from the Association of any default by an Owner in the performance of his obligations under entitled to attend and observe all meetings of owners, but not the Declaration which is not cured within 30 days; (b) be furnished copies of annual financial reports made to the Owners; meetings of the Association's Board of Directors. (c) articles of Incorporation, By-Laws, Rules and Regulations entitled to inspect current copies of the Declaration, during normal business hours; (e) be entitled to written notice ooks, records and financial statements of the Associatio nodification of any insurance policy or fidelity bond maintained From the Association of any lapse, cancellation, or materia. by the Association; (f) be entitled to written notice from the

Associationa lof any condemnation or casualty loss that affects a material portion of the Community, or the Unit securing its mortgage; and (g) be entitled to timely written notice of any percentage of mortgagees; provided, however, that such mortgagee proposed action which would require the consent of a specified the Association a written request that or purchaser or insurer of such mortgage shall first file with stated in such notice. named agent or representative of the mortgagee at an address such notices be sent to a amended unilateray at me me and from time by Section 6. This Declaration may be provision hereof into compliance with any applicable Declarant (i) if such amendment is necessary to bring any determination which shall be in conflict therewith, (1i) if governmental statute, rule or regulation or judicial insurance company to issue title insurance coverage with respect such amendment is necessary to enable any reputable title amendment is required by an institutional or governmental lender to the Units subject to this Declaration, (111) if such or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, loans on the Units subject to this or purchase mortgage to enable such lender or purchaser to make Declaration, or (iv) if such amendment is necessary to enable governmental agency or reputable private insurance company Declaration, insure mortgage loans on the Units subject to this provided any such amendment shall not adversely shall consent thereto in writing. affect the title to any Owner's Unit unless any such Unit Owner shall be adopted as follows: All amendments othr than those specified hereinabove Owners shall be necessary to amend this Declaration. (i) At least sixty-seven (67%) percent of the Unit provided that any amendment which adversely affects the title to Notwithstanding anything to the contrary herein, it is expressly any Unit must be approved by the Owner of such Unit in writing. the Unit Owners or Declarant. (ii) The proposed amendment may be proposed by either The Declarant, or the Association after termination of the Class B membership, may call a meeting of the Unit Owners to consider such an amendment and shall be least twenty-five (25%) percent of the Unit Owners. required to call such a meeting upon a petition signed by at meeting of the Unit Owners is called to consider amendment, the time within which and the manner by which notice and the quorum required for the transaction of business at such of such meeting shall be given, the authorized use of proxies, Association. meeting shall correspond to the requirements for meetings of the

The consent of the Un Owners required to approve sai amendments shall be obtaived by affirmative vote, written consent, or a combination thereof. A meeting of the Unit Owners shall not be required in the event that the

consent. requisite approval of the Unit owners is obtained by written

The required consent of Declarant shall be in writing. No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage affecting any Unit unless such holder shall onsent thereto in writing. The written consent thereto of any ortgage holder affected thereby shall be filed with such amendment. Every purchaser of grantee of any interest in any real property now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby Section. agrees that this Declaration may be amended as provided in this

No amendment shall become effective until filed with the Clerk of the Superior Court in said County.

provisions et forth or peretain the De Caraciohail Section 7. be construed together and given that interpretation or

construction which will best effect the intent of the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by implication as to make them fully effective.

Section 8. Gender and Grammar. The singular whenever used herein shall be construed to mean the plural when the neuter applicable, and the use of the masculine pronoun shall include and feminine.

Section 9. Severability. Whenever possible, each rovision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any such prohibition application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.

Section 10. as to Captions. The captions of each Article and Section hereof the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular Article or Section to which they refer.

IN WITNESS WHEREOF, the undersigned, being the

Declarant herein, has executed this instrument under the seal this 23rd day of December • 1986.

JENNINGS MILL, LTD. A Georgia Limited Partnership, BY: SOUTHERN GUARANTY INVESTMENT COMPANÍ eneral Partner

Signed, sealed and delivered

in the presence of the

undersigned on this 23rd By:

day of December , 1986.

Title: YA<S

tud tokuts

Upofficial Witness

17nrt Give

Notary Public

Notary Public, Georgia, State at Largs

My Commission Expires Aug. 8, 1987

Filed for record Jan. 7, 1987 @ 1:25 p.m. Recorded Jan. 8, 1987

Sandra C. Glass, Clerk

Exhibit mAn

Parcel One

All that tract or parcel of land lying and being in the 1331 Sore or 1e a howl on fate et survey enciled: Phase one ign, more particularly described as Jennings Mill, entitled: Phase One October 7, 1986 ded red red in fat Bank, come, datenee County, Georgia Records.

Parcel Two

All that tract or parcel of land lying and being in the 1331st more particularly described as into 01 35 0es, a lot 1 el sorter va (12.020 acres) as shown on plat of survey entitled:

Jennings Mill, as shown on plat of survey prepared by Ben cLeroy and Associates, dated September 23, Plat Book 13, Page 65, Oconee County, Georgia Records. 1986 and recorded in Less and Except that portion of the real property developed as a the Jennings Mill Club property. golf course and any improvements located thereon to be a part of

Exhibit "B»

Parcel One

All that tract or parcel of land lying and being in the 133lst G.M.D., Oconee County, 1011 anon the Worth an not these by the centering of wonute Jennings Mill Road, on the south by other property of McGowan & Creek, on the northeast by property of YWCA, on the southeast by on the west by other property of McGowan & Wyatt Posey, Inc.," by appear on a plat

recorded in Plat Book 4, James M. Paul, Surveyor, dated October 4, 1972 and Page 72, said Clerk's Office, which specifically made a part hereof by reference thereto. said plat and the record thereof are particularly and Parcel Two

G.M.D., Oconee County, Georgia on the Jimmy Daniel Road, county All that tract or parcel of land lying and being in the 1331st paved road, containing 107.82 acres, more or less, and having such shape, metes, courses and distances as will more fully James M. Paul, Surveyor, dated October 4, 1972 and recorded in appear on a plat entitled "survey for Crystal Creek, Inc.," by Court, Oconee County, Georgia. Plat Book 4, Page 72, in the Office of the Clerk, Superior delineated on said plat as Tract 2, which plat and the record The herein conveyed being referene thereto. thereof are particularly and specifically made a part hereof by LESS AND EXCEPTING: All that tract or parcel of land containing Associates, a General Partnership to the Department of 11.395 acres, more or less, as conveyed from Jennings Mill Transportation by Right of Way Deed dated December 11, recorded in Deed Book 65, Page 859, in the Office of the Clerk 1985 and of Superior Court, Oconee County.

Parcel Three

All that tract or parcel of land containing 100 acres, more or less, lying and being in the 24lst G.M.D., Clarke County, Georgia, and being more particularly shown on a plat by Landmark Jennings Mill Associates, said plat being recorded in Plat Book Engineering Corporation dated July 22, 1982 entitled "Survey for 19, Page 121, Office of the Clerk of Superior Court, County, Georgia,

detailed description of said property. to which reference is hereby given for a more

Parcel Four

G.M.D., Clarke County, Georgia, containing 8.23 acres, All that tract or parcel of land lying and being in the 24lst Northeast by property of Bryant and Galis; on the East by 300 less, and being bound now or formerly as follows: On the foot right-of-way of Athens South By-Pass; on the Southeast by property of Stone; and on the West by McNutts Creek, being property line, and by property of Jennings Mill Associates. centerline to a plat of survey prepared by Clelland A. Tyson, Registered Said tract of land being more particularly described according Plat Book 21, 1985, which plat, recorded in Superior Court, Clarke

Parcel Five

All those tracts or parcels of land lying and being in the 133lst G.M.D., Oconee County, Georgia, being known and designated as Tract 1 - 0.833 acres, Tract 4 - 30.462 acres, and Tract 5 - 1.214 acres, according to that certain plat of survey entitled "Survey for Jennings Mill, O.S. McGowan, Jr., and Ronnie and Debra Self" prepared by Ben McLeroy & Associates, Ince dated Deer ice of the here superior Courte made for a more complete description of the property herein of Oconee County, Georgia, to which plat reference is hereby described.

Parcel Six

recorded in Plat Book 13, Ben Mcleroy & Associates, Inc. dated September 5, 1986 and the Superior Court of Oconee County, Georgia, Page 29, in the Office of the Clerk of reference being made to said plat for a more particular description of the property herein described. LESS AND EXCEPT:

golf Less and except that portion of the real property developed as a course and the Jennings Mill Country Club property. any improvements located thereon to be a part of

LESS AND EXCEPT:

All that tract or parcel of land lying and being in the 1331

Jennings Mill, prepared by Beall Gonnsen and Company, dated October 7, 1986 and recorded in Plat Book 13, Page 64, Oconee County, Georgia Records.

LESS AND EXCEPT:

All that tract or parcel of land lying and being in the 1331st inclusive, (14.334 acres) and lots #44 - 61' section one, inclusive, (12.028 acres) as shown on plat of survey entitled:

Jennings Mill, as shown on plat of survey prepared by Ben McLeroy and Associates, dated September 23, 1986 and recorded in Plat Book 13, Page 65, Oconee County, Georgia Records.

OCONEE COUNTY, GA. Clerk Superior Court FILED FOR RECORD. 9:00 (AM) (MEn Novembed A 198 AND RECORDED IN BOOK N_93 _PAGE: 502-504 ON. Norambe 51981 Sandra C. Masa CLERK S.C

FIRST AMENDMENT TO

DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL

This is the First Amendment to the Declaration of

Restrictions and Covenants for Jennings Mill made on the date

hereinafter set forth by Jennings Mill, Ltd., a Georgia Limited Partnership ('Declarant")

RECITALS:

Jennings Mill, Ltd. is the declarant of the certain

Declaration of Restrictions and Covenants for Jennings Mill dated

December 23, 1986, and recorded in Superior Court of oconee County, Georgia on January 8, 1987, in Deed Book 83, Pages 877-904 and

recorded in Superior Court of Clark County, Georgia on January 15,

1987, in Deed Book 704, Page 202 (the "Declaration").

Section 2 of Article II of the Declaration provides the

Declarant the option to submit certain "Additional Property" (as

described in the Declaration as Exhibit "B") or a portion or

portions thereof to the provisions of the Declaration.

Declarant desires to amend the Declaration to submit

portions of the Additional Property described in Exhibit "A"

attached hereto to the provisions of the Declaration.

Declarant desires to amend a portion of Section 6(a) of

Article IV of the Declaration to submit a lower square footage

minimum for lots #1-9, Section 2-A, Jennings Mill subdivision.

WHEREFORE, Declarant hereby amends the Declaration as follows:

The real property described in Exhibit "A" attached

hereto, including the improvements constructed or to be constructed

thereon, are hereby subjected to the provisions of the Declaration

and shall be held, sold, transferred, conveyed, used, occupied and

mortgaged or otherwise encumbered subject to the covenants and

restrictions set forth therein.

Declarant reserves the right to submit any portion or all

of the Additional Property not submitted hereby to the provisions of the Declaration pursuant to its terms and conditions.

Declarant would like to amend the first two (2) sentences

of Section 6(a), Article IV which read:

"All units in Jennings Mill subdivision must contain a minimum of 2250 square feet of heated living space in the case of a

one-story structure. In the case of a split level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living spaceạẠồ shown on plat of survey dated October 20, 1986, revised November WHEREAS, to lots #1 - 9, Section 2-A, Jennings Mill, as 7, 1986 and recorded in Plat Book 13, Page 125, Clerk of Superior Court of Oconee County, Declarant would like to amend the minimum space. square footage requirements to 1750 square feet of heated living full force and effect. 4. Except as amended hereby, the Declaration shall remain in

herein, has IN WITNESS WHEREOF, the undersigned, being the Declarant executed this instrument under seal this 26th day of October., 1987.

JENNINGS MILL, LTD. Southern Guaranty Investment Company=S General Partner

By: Marge C Dusti Title: Secretary

Sponda Landman

Witness

Notary Public

5 Blotary Public, Gwinnett County, Capre

Cay Commission Expires Sept. 22, Peorgia 71991

Exhibit "A"

Parcel One

All that tract or parcel of land lying and being in the 1331st G.M.D., Oconee County, Georgia, more particularly described as lots #l - 14, inclusive, consisting of a total of 11.78 acres, as shown on plat of survey entitled: "Jennings Mill, Section Three", prepared by Ben McLeroy, Registered Land Surveyor #1184, dated January 16, 1987, revised May 4, 1987 and recorded in Plat Book 13, Page 126, Oconee County, Clerk of Superior Court.

Parcel Two

All that tract or parcel of land lying and being in the 1331st G.M.D., Oconee County, Georgia, more particularly described as lots #l - 9, inclusive, Jennings Mill, Section 2-A, consisting of a total of 7.301 acres, as shown on plat of survey entitled: Jennings Mill, Sections 2-A and 2-BI, prepared by Ben McLeroy, Registered Land Surveyor #1184, dated October 20, 1986, revise‹ November 7, 1986 and recorded in Plat Book 13, Page 125, Oconee County, Clerk of Superior Court.

Parcel Three

All that tract or parcel of land lying and being in the 1331st G.M.D., Oconee County, Georgia, more particularly described as

County, Clerk of Superior Court.

Parcel Four

all those tracts or parcels of land situate, lying and being in the 133lst G.M.D., Oconee County, Georgia,

and Parcels A through M inclusive, Jennings Mill, Section One, all as shown on that certain plat

survey entitled "Survey For Jennings Mill Section One" prepared by Ben McLeroy & Associates, Inc., dated September 23, 1986, last revised May 4, 1987,

recorded in Plat Book 13, page 120, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, reference being hereby made to said plat for a more detailed description of the property herein described.

SECOND AMENDMENT TO

DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL

This Second Amendment to the Declaration of

Restrictions and Covenants for Jennings Mill made the date ereinafter sat forth by Jennings Mill, Ltd., a Georgia Limited Partnership (hereinafter referred to as "Declarant").

WITNESSETHI

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings 1i11 dated December 23, 1986 and recorded in the Suparior Court of Oconee County, Georgia, in Deed Book 83, pages 877-904, and

Superior Court of Clarke County,

Deed Book 704, page 202 (hereinafter referred to as "the

WHEREAS, Section 2 of Article Il of the Declaration provides the Declarant the option to submit certain

Property" (as described in the Declaration as Exhibit "g"› or a portion or portions thereaf to the provisions of the

Declaration,

WHEREAS, Declarant desires to amend the Declaration by submitting the property as described in the attached Exhibit "A" to the real property known as "Additional Property", described in Exhibit "B" of the Declaration) and Declarant contemporaneously herein desires to amend the Declaration by subaitting the said property as described in the attached Exhibit "A" to the provisions of the Declaration, and

WHEREAS, Declarant desires to amend a portion of Section 6(a) of Article IV of the Declaration to

higher square footage minimum for the units as described in the attached Exhibit

NOW THEREFORE, Declarant hereby amends, modifies, alters, and changes the Declaration as follows:

Exhibit A including the improvements constructed or to be real property described in the attached constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold,

transferred, conveyed, used, occupied and mortgaged or

therwise encumbered subject to the covenants and restrictions set forth therein.

2. Declarant reserves the right to submit any

portion or all of the Additional Property not submitted hereby any other property now owned or hereinafter acquired by Declarant, to the provisions of the Declaration pursuant to its terms and conditions.

described whereabits to attachth he let and whown on the referenced therein, Declarant hereby deletes the first two sentences of Section 6(a), Article IV which reads:

units in Jennings Mill Subdivision must contain a minimum of 2250 square feet of heated living space in the case of a one-

In the case of a split level or two-story the square footage on the main and upper levels must 2500 square feet of heated living

hereby substitutes in lieu thereof the following:

"All units or lots as described in the attached Exhibit legal description, must contain a minimum of 3000 square feet of heated livino soace,iại

Except as amended hereby. the Declaration shall remain and be in full force and effect.

IN WITNESS WHEREOF, the undersigned, being the Declarant has executed this instrument unde seal, the oth day of apsil, 1988.

JENNING / MILL! LTD., Southern war an Investbent Company, ener

Signed, and delivered

Witness

Notary Public

Notary Public, Gwinnett County, Georgi

ty Commission Expiras Sept. 22, 199

EXHIBIT "A"

revised March 11, 1988, and entitled

being made thereto for a more complete of the Superior Court of Oconee County, Georgia, reference described herein. description of the lots

2250 square feet of heated iiving space in the case of a one- -.-. . story structure. In the case of a split level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living space;" and Declarant hereby substitutes in lieu thereof the following:

"All units or lots as described in the attached Exhibit "A" legal description, must contain a minimum of 3000 square feet of heated living space.ồạồi

THI AMENDMENT TO DECLARATION OF RES CTIONS

AND COVENANTS JENNINGS MILL SUBDIVISION

This Third Amendment to the Declaration of

Restrictions and Covenants for Jennings Mill made the date hereinafter set forth by Jennings Mill, partierfter at fonth by pereired to is Abecia cordie limited

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Superior Court f Oconge County, Georgia in Deed Book 83, page 877 and

recorded in the Superior Court of Clarke County, Georgia in Deed Book 704, page 202 (hereinafter referred to as "the Declaration"), and

WHEREAS, the First Amandaent to the Declaration is dated October 26, 1987, recorded in Dead Book 93, page 502, Oconee County Records and the Second Amendaent to the

Declaration is dated April 6, 1988, recorded in Deed Book 98, page 110, aforesaid records, and

1987, Block F and revised March 11, price the the Superior one County org Office of the Clerk of the Superior of Oconee in the

WHEREAS, said plat of survey as recorded in Plat Book 13, page 184, Oconee County Records, designates cartain

properties as lakes under construction",

WHEREAS, said lakes or ponds (hereinafter referred to as "the lakes") are now completed and the purpose of this amendment is to provide for their permitted uses.

NOW, THEREFORE, Declarant hereby amends, modifies, alters and changes the Declaration as follows:

1. The lakes shall be for the sole use and enjoyment of the following:

Those persons or parties who now or

hereafter own a unit or units in the community and shall be used only by their families or

invited quests.

Declarant, or its successors in title or

assigns, as defined in the Declaration.

iii. The Jennings Mill Country Club, its

successors or assigns, its members, agents,

representatives and invited guests.

The lakes shall be subject to the following restrictions.

i. No type of boating whatsoever shall be

permitted on › the lakes including the prohibition of human or motor propelled boats, floats, rafts or pontoons.

ii. No dock, pier, swimming or diving

structure, float or for swimming or boating purposes, or any other improvements, whether

temporary or permanent, shall be permitted or

frees d; any treater plany ornattered on the iii. All wading, swimaing, bathing, skiing skating or

any other ancillary recreational

strictly prohibited. activities connected with lake water, are

Notwithstanding this

prohibition, fishing from the banks of the lakes certain public shall be permitted but only at certain times and Declarant from time to time. areas that may be designated by which ba With the exception of those parties owning units on. the lakes, no party shall have the right to walk property otherwise trespass over those lake lot owner's owning such lake front units. without the express written paraission of the perties lake lot owner. "their unperty fortial all be consid every. private property and nothing herein shall be deemed to grant any party the unconsensual right of ingress or egress over or through such lake lot owner's property. It is the intention of Declarant to allow the permitted parties (as defined herein) the right to enjoy and use the lakes only upon the conditions as stated herein and only at certain open areas that may be designated and reserved by Declarant from time to time.

Nothing herein shall be der ed to prohibit the Declarant from using the lakes and their waters for the purpose of irrigating the country club golf course and/or amenities, including the right to install or construct piping, ditching or purposes other necessary improvements for such purpose or any other or uses as Declarant deems necessary from time to increase the water level of the Yakes, arsin the lacre and to Declarant expressly reserves the right to decrease perform any other activities which Declarant deems necessary the proper maintenance for he total mainter, go cure, of theatry a that falet.

5. Except as amended hereby, the Declaration shall reaain in full force and effect.

IN WITNESS WHEREOF, the undersigned, being

day or mA. 1998. day of has executed this instrument under spal the

ENNINGS LAR, TOT COMPANY. SOUTHERN BY S

Sidn delivered

us

FOURTH AMENDMENT TO DECLARATION

OF RESTRICTIONS AND COVENANTS

JENNINGS MILL SUBDIVISION

This Fourth Amendment to the Declaration of

Restrictions and Covenants for Jennings Mill made the date hereinafter set forth by J.M. Athens, to Jennings Mill, Ltd. Thereinatter referred to as oDeclarante. successor

WITNESSETH:

WHEREAS, J.M. Athens, Inc. is the successor in title to Jennings Mill, Ltd. which is the Declarant of those certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986, and recorded in the Superior Court of Oconee County, Georgia in Deed Book 83, pages 877-904, and recorded in the Superior Court of Clarke County, Georgia in Deed Book 704, page 202 (hereinafter referred to as "the Declaration"; and

the First Amendment to the Declaration is Second county Recorde, the Bacond Aaendant to the Declaration dated October 26, is dated April 6, 1988, recorded in Deed Book 98, page 110, aforesaid records and the Third Amendment to the Declaration is dated May 1, 1988, recorded in Deed Book 98, page 778,

aforesaid records; and

WHEREAS, Declarant contemporaneously herein is conveying the hereinafter described property to Grayson Const.

(herginafter called "Grayson") and Declarant thereby Cos: (hergiamend the Declaration as hereinafter set forth and by submitting the said property as described in the attached Exhibit A to the provisions of the Declaration.

NOW THEREFORE, Declarant hereby amends, modifies, lters and changes the Declaration as follows:

The real property described in the attached I including the improvements constructed or to be constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold,

transferred, conveyed, usad, occupied and mortgaged or

otherwise encumbered subject to the covenants and restrictions set forth therein.

Whereas, as to only those lots or units created hereby amends, sodifier, siters, and changes the bacteration as property as de morted on titeattached Exhibit he Declarank as property as described on the attached Exhibit

All language which contemplates a minimum

50 feet along the property lines abut the golf course as described in

Wticle IV, Section 3, is hereby deleted in its

However, notwithstanding anything to the contrary herein, the remaining language of said Section 3 remains unmodified and in full force and effect.

All language which addresses a minimum

square footage in Article IV, Section 6(a), is hereby deleted in it entirety.

All language which appears in Article V,

Section 1, concerning residential use is hereby deleted in it entirety and substituted

thereof shall be the following language:

"All lots or units created or to se

created by the subdivision and development of the property as described on the

residential pure Shul bely and no

structure or other improvements shall be

erected, altered, placed, maintained or

permitted to remain on said property other than those currently allowed under Oconee

County PUD zoning which presently

regulates the use of said property."

which addresses the Association Membership and Article VI, whing Rights, is hereby amended to provide that the contemplated PUD Homeowners Association to be established and created by

Grayson shall own six (6) units (as units are defined in said Declaration) and shall be

entitled to six (6) votes (as votes are defined in said Declaration).

3. Except as amended hereby, the Declar ation shall remain and be in full force and effect.

IN WITNESS WHEREOF, the executed this Amendment under seal this 25rd day of edy, has May. 1989.

.M. ATHENS, INC A GEORGIA ORPORATIO

FrEISEAL) BY :

PRESIDENT ATTEST: (SEAL›

ABELL, 'SEC. Signed, sealed and delivered

in the presenc

Lisa a Patterson

Unofficial W

Notary

PUBLIC

SAME COUNT: GEO

PA, COUNTY, CA

MY COMMASSION EXPIRES JUNE 13, 1902

ALL that tract parcel of land, containing 4.99 cres, more or less, situate, lying d being in the 1331st District, o.N., Oconee County, plat of survey entitled shown according to that certain dated November 9. Surveyors, said plat being recorded in Plat Book Inc., Engineers &

11, page 18 bring her by clerk, Supa plat for core complete decription de ene reference property herein conveyed.

FIRST AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL

This is the First Amendment to the Declaration of Restrictions and Covenants for Jennings Mill made on the date hereinafter set forth by Jennings Mill, Ltd., a Georgia Limited Partnership (*Declarant").

RECITALS:

A. Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986, and recorded in Superior Court of Oconee County, Georgia on January 8, 1987, in Deed Book 83, Pages 877-904 and recorded in Superior Court of Clark County, Georgia on January 15, 1987, in Deed Book 704, Page 202 (the "Declaration").

B. Section 2 of Article Il of the Declaration provides the Declarant the option to submit certain " Additional Property' (as described in the Declaration as Exhibit "B') or a portion or portions thereof to the provisions of the Declaration.

Declarant desires to amend the Declaration to submit portions of the Additional Property described in Exhibit "A" attached hereto to the provisions of the Declaration.

D. Declarant desires to amend a portion of Section 6 (a) of Article IV of the Declaration to submit a lower square footage minimum for lots #1-9, Section 2-A, Jennings Mill subdivision.

WHEREFORE, Declarant hereby amends the Declaration as follows:

1. The real property described in Exhibit" A" attached hereto, including the improvements constructed or to be constructed thereon, are hereby subjected to the provisions of the Declaration and shall be held, sold, transferred, conveyed, used, Occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions set forth therein.

Declarant reserves the right to submit any portion or all of the Additional Property not submitted hereby to the provisions of the Declaration pursuant to its terms and conditions.

3. Declarant would like to amend the first two (2) sentences of Section 6 (a), Article TV which read:

"All units in Jennings Mill subdivision must contain a minimum of 2250 square feet of heated living space in the case of a one-story structure. In the case of a split level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living space."

WHEREAS, to lots #1 - 9, Section 2-A, Jennings Milll as shown on plat of survey dated October 20, 1986, revised November 7, 1986 and recorded in Plat Book 13, page 125, Clerk of Superior Court of Oconee County, Declarant would like to amend the

minimum square footage requirements to 1750 square feet of heated living space. 4. Except as amended hereby, the Declaration shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under seal this 26th day of October, 1987.

OCONEE COUNTY, GA.

FILED FOR RECORD_ Clerk Superior Court

9:00 (AN) (H)

NovemteL H, 198 TAND RECORDED IN BOOK #93

ON_ PAGER 502-504

+ 19.

CLERK S.C.

DECLARATION OF RESTRICTIONS AND COVENANTS FIRST AMENDMENT TO See Boot 2 1 27p. 274277

JENNINGS MILL

Restrictions and Covenants for Jennings Mill made on the date This is the First Amendment to the Declaration of

hereinafter set forth by Jennings Mill, Ltd., a Georgia Limited Partnership ('Declarant")

RECITALS:

Declaration of Restrictions and Covenants for Jennings Mill dated Jennings Mill, Ltd. is the declarant of the certain

December 23, 1986, and recorded in Superior Court of Oconee County, Georgia on January 8, 1987, in Deed Book 83, Pages 877-904 and

1987, in Deed Book 704, Page 202 (the "Declaration"). recorded in Superior Court of Clark County, Georgia on January 15,

B. Section 2 of Article II of the Declaration provides the

described in the Declaration as Exhibit "B") or a portion or Declarant the option to submit certain "Additional Property" (as

portions thereof to the provisions of the Declaration.

C. Declarant desires to amend the Declaration to submit

attached hereto to the provisions of the Declaration. portions of the Additional Property described in Exhibit "A"

D. Declarant desires to amend a portion of Section 6(a) of

minimum for lots #1-9, Section 2-A, Jennings Mill subdivision. Article IV of the Declaration to submit a lower square footage

WHEREFORE, Declarant hereby amends the Declaration as follows:

hereto, including the improvements constructed or to be constructed The real property described in Exhibit "A" attached

and shall be held, sold, transferred, conveyed, used, occupied and thereon, are hereby subjected to the provisions of the Declaration

restrictions set forth therein. mortgaged or otherwise encumbered subject to the covenants and

2. Declarant reserves the right to submit any portion or all

the Declaration pursuant to its terms and conditions. of the Additional Property not submitted hereby to the provisions of

of Section 6(a), Article IV which reaa: Declarant would like to amend the first two (2) sentences

of 2250 square feet of heated living space in the case of a 'All units in Jennings Mill subdivision must contain a minimum one-story structure. In the case of a split level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living space." show on plat of sutey dated october. 2e, len, resid November 7, 1986 and recorded in Plat Book 13, Page 125, Clerk of Superior space. Court of Oconee County, Declarant would like to amend the minimum square footage requirements to 1750 square feet of heated living full force and effect. 4. Except as amended hereby, the Declaration shall remain in herein, has October, 1987. IN WITNESS WHEREOF, the undersigned, being the Declarant executed this instrument under seal this 26th day of

JENNINGS MILL, LTD: Southern: Guaranty Investment Company=S General Partner

**1258t2? By: Diarzo C Distu Spanda Landman Title: Secretary tness

Notary Public

Filed for record/ou: 4,19820 92807,40 Recorded ou. 5 Sandra C. Glass, CrafT

Exhibit Al

parcel one

All that tract or parcel of land lying and being in the 1331st EM.D., ocone County, Georgia, more particularly described as lots #l - 14, inclusive, consisting of a total of 11.78 acres, as how on plat of survey entitled: "Jennings Mill, Section Three", prepared by Ben McLeroy, Registered Land Surveyor #1184, dated January 16, 1987, revised May 4, 1987 and recorded in Plat Book 13, Page 126, Oconee County, Clerk of Superior Court.

Parcel Two

mum All that tract or parcel of land lying and being in the 1331st

E.M.D., Oconee County, Georgia, more particularly described as Tots #l - 9, inclusive, Jennings Mill, Section 2-A, consisting of a total of 7.301 acres, as shown on plat of survey entitled: "jennings Mill, Sections 2-A and 2-Bi, prepared by Ben Mcleroy, Registered Land Surveyor #1184, dated October 20, 1986, revised lovember 7, 1986 and recorded in Plat Book 13, Page 125, Oconee County, Clerk of Superior Court.

Parcel Three

All that tract or parcel of land lying and being in the 1331st G.M.D., Oconee County, Georgia, more particularly described as lots #18 - 26, inclusive, Jennings Mill, Section 2-B, consisting of a total of 6.355 acres, as shown on plat of survey entitled: "Jennings Mill, Sections 2-A and 2-B", prepared by Ben McLeroy, Registered Land Surveyor #1184, dated October 20, 1986, revised vovember 7, 1986 and recorded in Plat Book 13, Page 125, Oconee County, Clerk of Superior Court.

V1D10 Parcel Four

ern All those tracts or parcels of land situate, lying and being in the 1331st G.M.D., Oconee County, Georgia, being more particularly described as Lot 43 (REV.) (0.704 AC), Lot 20 (REV.) (0.865 AC), Lot 21 (0.971 FLOC AC), and Parcels A through M inclusive, Jennings Mill,

Section One, all as shown on that certain plat of survey entitled "Survey For Jennings Mill Section One" prepared by Ben McLeroy & Associates, Inc., dated September 23, 1986, last revised May 4, 1987, and recorded in Plat Book 13, page 120, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, reference being hereby made to said plat for a more detailed description of the property herein described.

SECOND AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL

This Second Amendment to the Declaration of Restrictions and Covenants for Jennings Mill made the date hereinafter set forth by Jennings Mill, Ltd., a Georgia Limited Partnership (hereinafter referred to as "Declarant").

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Superior Court of Oconee County, Georgia, in Deed book 83, pages 877-904, and recorded in the Superior Court of Clarke County, Georgia in Deed Book 704, page 202 (hereinafter referred to as "the Declaration"), and

WHEREAS, Section 2 of Article II of the Declaration provides the Declarant the option to submit certain "Additional Property" (as described in the Declaration as Exhibit "B") or a portion or portions thereof to the provisions of the Declaration, and

WHEREAS, Declarant desires to amend the Declaration by submitting the property as described in the attached Exhibit "A" to the real property known as "Additional Property", (as described in Exhibit "B" of the Declaration) and Declarant contemporaneously herein desires to amend the Declaration by submitting the said property as described in the attached Exhibit "A" to the provisions of the Declaration, and

WHEREAS, Declarant desires to amend a portion of Section 6(a) of Article IV of the Declaration to submit a higher square footage minimum for the units as described in the Attached Exhibit "A".

NOW THEREFORE, Declarant hereby amends, modifies, alters, and changes the Declaration as follows:

The real property described in the attached Exhibit "A" including the improvements constructed or to be constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions set forth therein.

Declarant reserves the right to submit any portion or al1 of the Additional Property not submitted hereby or any other property now owned or hereinafter acquired by Declarant, to the provisions of the Declaration pursuant to its terms and conditions,

Whereas, as to only those lots or units as described in Exhibit "A" attached hereto and shown on the plat referenced therein, Declarant hereby deletes the first two (2) sentences of Section 6(a), Article IV which reads

"All units in Jennings Mill Subdivision must contain a minimum of 2250 square

feet of heated living space in the case of a one-story structure. In the case of a split level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living space;"

and Declarant hereby substitutes in lieu thereof the following:

"All units or lots as described in the attached Exhibit "A" legal description, must contain a minimum of 3000 square feet of heated living space."

4. Except as amended hereby, the Declaration shall remain and be in full force and effect.

IN WITNEFS WHEREOF, the undersigned being the Declarant has executed this instrument under seal, the 6" day of April, 1988.

EXHIBIT "A"

All of those lots or parcels of land situate, lying and being in the 1331st District, G.M., Oconee County, Georgia, designated as lots 1-50 inclusive, Block F, Lot 51 (Rev.), Block F, Lot 52 (Rev.), Block F, Lot 53 (Rev.), Block F, Lot 55 (Rev.), Block F, Lot 56 (Rev.), Block F, and Lot 6, Block G, as shown on a plat of survey prepared by Ben McLeroy & Associates, dated December 23, 1987, revised March 11, 1988, and entitled "Survey for Jennings Mill, Block F and a portion of Block G", recorded in Plat Book 13, page 184, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, reference being made thereto for a more complete description of the lots described herein.

000110

SECOND AMENDHENT TO

DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL

This Second Amendment to the Declaration of

Restrictions and Covenants for Jennings Mill made the date hereinafter set forth by Jennings Mill, Ltd., a Georgia Limited Partnership (hereinafter referred to as "Declarant").

see Booh 175 WITNESSETH:

18: 274-277 WHEREAS, Jennings Mill, Ltd. is the Declarant of the

Mill dated December certain Declaration of Restrictions and Covenants for Jennings

23, 198á and recorded in the Superior Court forded the superior Court of are pay, Sergie inand recorded in the Superior Deed Book 704, page 202 (hereinafter referred to as "the Declaration"), and

WHEREAS, Section 2 of Article Il of the Declaration PropertyiẠi provides the Declarant the option to submit certain "Additional

(as described in the Declaration as Exhibit "B"› or a Declaration, and portion or portions thereaf to the provisions of the

WHEREAS, Declarant desires to amend the Declaration "X" to the real property Inown as "Additional Property", tas submitting the property as described in the attached Exhibit described in Exhibit "B" of the Declaration) and Declarant contemporaneously herein desires to amend the Declaration by submitting the said property as described in the attached Exhibit "A" to the provisions of the Declaration, and

lection ó(a) of Article IV of the Declaration to submit a WHEREAS, Declarant desires to amend a portion of higher square footage minimum for the units as described in the attached Exhibit "A".

NOW THEREFORE, Declarant hereby amends, modifies, alters, and changes the Declaration as follows:

Exhibit «p"-including the improvements constructed or to be The real property described in the attached constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold,

be forth thereted subject to tha covenante una coriction.

Declarant reserves the right to submit any portion or all of the Additional Property not submitted hereby or any other property now owned or hereinafter acquired by terms and conditions. Declarant, to the provisions of the Declaration pursuant to its as described in Exhibit "A" attached hereto and shown on the Whereas, as to only those lots or units plat referenced therein, Declarant hereby deletes the first two 2) sentences of Section 6(al, Article IV which reads: "All units in Jennings Mill Subdivision must contain a minimum of 2250 square feet of heated living space in the case of a onestory structure. In the case of a split level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living space;" and Declarant. hereby substitutes in lieu thereof the following:

"All units or lots as described in the attached Exhibit "A" legal description, must contain a minimum of 3000 square feet of heated living space."

00011#

NTS Except as amended bereby, the Declaration shall

remain and be in full force and effect.

IN WITNESS WHEREOF, the undersigned, being the

date inclarant has executed this instrument under seal, the 6/

eorgia Limited day of Gasid • 1988.

tiỊồi .

JENIN Southern

Guar

Genr

larant of the

for Jennings BY:

Superior Court

977-904, and

Georgia in

as "the Signed, sealg and delivered

of :

to the t

Declaration

in "Additional Witne

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the

Notary Public

Molary Priblic, Gwinnett County, Georgia

Declaration My Connission Expires Sept. 22, 1991

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00011<

EXHIBIT "A"

in the 1331st District, G.M., Oconee County, Georgia, All of those lots or parcels of land situate, lying and being designated as lots 1-50 inclusive, Block F, Lot 51 (Rey.), lock F, Lot 52 (Rev.), Block F, Lot 53 (Rev.), Block F, Lot 55 shown on a plat of survey prepared by Ben McLeroy & Associates, (Rev.), Block F, Lot 5ó (Rev.), Block F, and Lot ¿, Block G, as "Survey for Jennings Mill, Block F and a portion of Block G", dated December 23, 1987, revised March 11, 198B, and entitled of the Superior Court of Oconee County, recorded in Plat Book 13, page 184, in the Office of the Clerk described hereiną being made thereto for a more complete description of the lots Georgia, reference

THIRD AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL SUBDIVISION

This Third Amendment to the Declaration of Restrictions and Covenants for Jennings mill made the data hereinafter set forth by Jennings Mill, Ltd., a Georgia limited partnership (hereinafter referred to as Declarant).

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Superior Court of Oconee County, Georgia in Deed book 83, page 877 and recorded in the Superior Court of Clarke County, Georgia in Deed Book 704, page 202 (hereinafter referred to as "the Declaration"), and

WHEREAS, the First Amendment to the Declaration to dated October 26, 1987, recorded in Deed Book 93, page 502, Oconee County Records and the Second Amendment to the Declaration is dated April 6, 1988, recorded in Deed Book 98, page 110, aforesaid records, and

WHEREAS, Declarant is presently developing several residential building lot sites in the "Millstream Section" of Jennings Mill Subdivision, said lot units being shown and designated on that certain plat of survey prepared by Ben McLeroy & Associates dated December 23, 1987, revised March 11, 1988 and entitled "Survey for Jennings Mill, Block F and a portion of Block G", recorded in Plat Book 13, page 184, in the Office of the Clerk of the Superior of Oconee County, Georgia, and

WHEREAS, said plat of survey as recorded in Plat Book 13 page 184, Oconee County Records, designates certain properties as "lakes under construction", and

WHEREAS, said lakes or ponds (hereinafter referred to as "the lakes") are now completed and the purpose of this amendment is to provide for their permitted uses.

NOW, THEREFORE, Declarant hereby amends, modifies, alters and changes the Declaration as follows:

1. The lakes shall be for the sole use and enjoyment of the following:

(i) Those persons or parties who now or hereafter own a unit or units in the community and shall be used only by their families or invited guests. (ii) Declarant, or its successors in title or assigns, as defined in the

Declaration.

(iii) The Jennings Mill Country Club, its successors or assigns, its members, agents, representatives and invited guests.

2. The lakes shall be subject to the following restrictions:

(i) No type of boating whatsoever shall he permitted an the lakes including the prohibition of human or fuel motor propelled boats, floats, rafts or pontoons.

(ii) No dock, pier, swimming or diving structure, float or raft for swimming or boating purposes, or any other improvements, whether temporary or permanent, shall be permitted or erected, constructed, placed or altered on the lakes at any time or in any manner.

(iii) All "wading, swimming, bathing, skiing, skating or any other ancillary recreational activities connected with lake water, are strictly prohibited. Notwithstanding this prohibition, fishing from the banks of the lakes

shall be permitted but only at certain times and certain public areas that may be designated by Declarant from time to time.

3. With the exception of those parties owning units which bound the lakes, no party shall have the right to walk on, ride, or otherwise trespass over those lake lot owner's property without the express written permission of the parties owning such lake front units. Further, as to each and every lake lot owner, their property unit(s) shall be considered private property and nothing herein shall be deemed to grant any party the unconsensual right of ingress or egress over or through such lake lot owner's property. It is the intention of Declarant to allow the permitted parties (as defined herein) the right to enjoy and use the lakes only upon the conditions as stated herein and only at certain open areas that may be designated and reserved by Declarant from time to time.

4. Nothing herein shall be deemed to prohibit the Declarant from using the lakes and their waters for the purpose of irrigating the country club golf course and/or amenities, including the right to install or construct piping, ditching or other necessary improvements for such purpose or any other purposes or uses as Declarant deems necessary from time to time. Declarant expressly reserves the right to decrease or increase the water level of the lakes, drain the lakes and to perform any other activities which Declarant deems necessary for the proper maintenance and care of the lakes as they relate to the total community, golf course, and country club at large.

5. Except as amended hereby, the Declaration shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned, being the Declarant executed this instrument under seal, the 15 day of May, 1988.

THIRD AMENDMENT TO DECLARATION OF RESTRICTIONS See Booh 177

AND COVENANTS JENNINGS MILL SUBDIVISION p. 274-277 This Third Amendment to the Declaration of

Restrictions and Covenants for Jennings Mill made the date

hereinafter set forth by Jennings Mill, Ltd., a Georgia limited

partnership (hereinafter referred to as "Declarant").

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the

certain Declaration of Restrictions and Covenants for Jennings

Mill dated December 23, 1986 and recorded in the Superior Court

of Oconee County, Georgia in Deed Book 83, page 877 and

recorded in the Superior Court of Clarke County, Georgia in

Deed Book 704, page 202 (hereinafter referred to as "the

Declaration",

WHEREAS, the First Amendment to the Declaration 15

dated October 26, 1987, recorded in Deed Book 93, page 502,

Oconee County Records and the Second Amendment to the

Declaration is dated April 6, 1988, recorded in Deed Book 98,

page 110, aforesaid records,

WHEREAS, Declarant is presently developing several

residential building lot sites in the "Millstream Section" of

Jennings Mill Subdivision, said lot units being shown and

designated on that certain plat of survey prepared by Ben

MELeroy & Associates dated December 23, 1987, revised March 11,

1988 and entitled "Survey for Jennings Mill, Block F. and a

portion of Block G", recorded in Plat Book 13, page 184,

WHEREAS, said plat of survey as recorded in Plat Book

13, page 181, Oconee County Records, designates certain

properties as "lakes under construction", and

WHEREAS, said lakes or ponds (hereinafter referred to

as "the lakes") are now completed and the purpose of this

amendment is to provide for their permitted uses.

NOW, THEREFORE, Declarant hereby amends, modifies,

alters and changes the Declaration as follows:

1 - The lakes shall be for the sole use and enjoyment

of the following:

i. Those persons or parties who now or

hereafter own a unit or units in the community

and shall be used only by their families or

invited guests.

ii. Declarant, or its successors in title or

assigns, as defined in the Declaration.

iii. The Jennings Mill Country Club, its

successors or assigns, its members, agents,

representatives and invited guests.

The lakes shall be subject to the foilowing

restrictions.

i . No type of boating whatsoever shall be

permitted on the lakes including the prohibition

of human or fuel motor propelled boats, floats,

rafts or pontoons.

ii. No dock, pier, swimming or diving

structure, float or raft for swimming or boating

purposes, or any other improvements; whether

temporary or permanent, shall be permitted or

lakes at any time or in any manner. erected, constructed, placed or altered on the iii. All wading, swimming, bathing, skiing, skating or any other ancillary recreational activities connected with lake water, are strictly prohibited.

Notwithstanding this prohibition, fishing from the banks of the lakes shall be permitted but only at certain times and Declarant from time to time. certain public areas that may be designated by 3_ With the exception of those parties owning units which bound the lakes, no party shall have the right to walk on, ride, or otherwise trespass over those lake lot owner's property without the express written permission of the parties owning such lake front units. lake lot owner, their property unit (s) Further, as to each and every shall be considered private property and nothing herein shall be deemed to grant through such lake lot owner's property. any party the unconsensual right of ingress or egress over or Declarant to allow the permitted parties (as defined herein) It is the intention of the right to enjoy and use the lakes only upon the conditions as stated herein and only at certain open areas that may be designated and reserved by Declarant from time to time. Declarant from using the lakes and their waters for the purpose Nothing herein shall be deemed to prohibit the of irrigating the country club golf course and/or amenities, including the right to install or construct piping, ditching or other necessary improvements for such purpose or any other time. purposes or uses as Declarant deems necessary from time to

Declarant expressly reserves the right to decrease or increase the water level of the lakes, drain the lakes and to perform any other activities which Declarant deems necessary for the proper maintenance and care of the lakes as they relate to the total community, golf course, and country club at large. remain in full force and effect. 5. Except as amended hereby, the Declaration shall

IN WITWESS WHEREOF, the undersigned, being the / Declaran A day of has executed this instrument under seal, 1908. the

JENNINES ME LIMPANE GLIARANTY INVESTNE COMPANY, GENER

BY:

Sio ned. and delivered

Kas n

May 5,1988@9.1544.

May 6, 1988

FOURTH AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS HILL SUBDIVISION

This Fourth Amendment to the Declaration of Restrictions and Covenants for Jennings Mill made the date hereinafter set forth by J.M. Athens, Inc., successor in title to Jennings Mill, Ltd. (hereinafter referred to as "Declarant".

WITNESSETH:

WHEREAS, J.M. Athens, Inc. is the successor in title to Jennings Mill, Ltd. which is the Declarant of those certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1996, arid recorded in the Superior Court of Oconee County, Georgia in Deed Book 83, pages 877-904, and recorded in the Superior Court of Clarke County, Georgia in Deed Book 704, page 202 (hereinafler referred to as "the Declaration"; and

WHEREAS, the First Amendment to the Declaration is dated October 26, 1987, recorded in Deed Book 93, page 502, Oconee County Records, the Second Amendment to the Declaration is dated April 6, 1988, recorded in Deed Book 913, page 110, aforesaid records and the Third Amendment to the Declaration is dated May 1, 1988, recorded in Deed Book 98, page 778, aforesaid records, and

WHEREAS, Declarant contemporaneously herein is conveying the hereinafter described property to Grayson Const. Co., (hereinafter called "Grayson") and Declarant thereby desires to amend the Declaration as hereinafter set forth and by submitting the said property as described in the attached Exhibit "A" to the provisions of the Declaration.

NOW THEREFORE, Declarant hereby amends, modifies, alters and changes the Declaration as follows:

1. The real property described in the attached Exhibit "A" including the improvements constructed or to be constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions set forth therein.

2. Whereas, as to only those lots or units created or to be created by the subdivision and development of the property as described on the attached Exhibit "A", Declarant. hereby amends, modifies, alters, and changes the Declaration as follows:

(a) All language which contemplates a minimum setback line of 50 feet along the property lines which abut the golf course as described in Article IV, Section 3, is hereby deleted in its entirety. However, notwithstanding anything to the contrary herein, the remaining language of said Section 3 remains unmodified and in full force

(b) All language which addresses a minimum square footage in Article IV, Section 6(a), is hereby deleted in it entirety.

(c) All language which appears in Article V, Section 1, concerning residential use is hereby deleted in It entirety and substituted in lieu thereof shall be the following language:

"All lots or units created or to be created by the subdivision and

development of the property as described on the attached Exhibit "A", shall be used for residential purposes exclusively and no structure or other improvements shall be erected, altered, placed, maintained or

permitted to remain on said property other than those currently allowed under Oconee, County PUD zoning which presently regulates the use of said propertyiẠỊ

(d) Article VI, which addresses the Association Membership and Voting Rights, is hereby amended to provide that the contemplated PUD Homeowners Association to be established and created by Grayson shall own six (6) units (as units are defined in said Declaration) and shall be entitled to six (6) votes (as votes are defined in said Declaration).

3. Except as amended hereby, the Declaration shall remain and be in full force and effect.

IN WITNESS WHEREOF, the undersigned, has executed this Amendment under seal this 23" day of May, 1989.

EXHIBIT "A"

ALL that tract or parcel of land, containing 4.996 acres, more or less, situate, lying and being in the 1331st District, G.M., Oconee County, Georgia, and being more particularly shown according to that certain plat of survey entitled "Survey for Jennings Mill" dated November 9, 1987, prepared by Ben McLeroy & Associates, Inc., Engineers Surveyors, said plat being recorded in Plat Book 17, page 18, Office of the Clerk, Superior Court, Oconee County, Georgia, reference being hereby made to said plat for a more complete description of the property herein conveyed.

000407

FOURTH AMENDMENT TO DECLARATION See Book 1278. 274277 OF RESTRICTIONS AND COVENANTS 678 p. 775-777 JENNINGS MILL SUBDIVISION executos deed This Fourth Amendment to the Declaration of

hereinafter set forth by J.M. Athens, Inc., successor in title Restrictions and Covenants for Jennings Mill made the date

to Jennings Mill, Ltd. (hereinafter referred to as "Declarant".

WITNESSETH:

WHEREAS, J.M. Athens, Inc. is the successor in title Ltd. which is the Declarant of those certain

to Jennings Mill, Declaration of Restrictions and Covenants for Jennings Mill

dated December 23, ại1986, and recorded in the Superior Court of

Oconee County, Georgia in Deed Book 83, pages B77-904, and recorded in the Superior Court df Clarke County, Georgia in

Deed Book 704, page 202 (hereinafter referred to as "the

Declaration"; and

the First Amendment to the Declaration is

dated October 26, 1997 the Second Amendment to the DeclaPation

is dated April 6, 1988, recorded in Deed Book 98, page 110, Oconee County Records,

aforesaid records and the Third Amendment to the Declaration is

dated May 1, 1988, recorded in Deed Book 98, page 778,

aforesaid records; and

WHEREAS, Declarant contemporaneously herein is described property to Grayson Const.

conveying the hereinafter Co., (hereinafter called "Grayson") and Declarant thereby

desires to amend the Declaration as hereinafter set forth and

by submitting the said property as described in the attached

Exhibit "A" to the provisions of the Declaration.

NOW THEREFORE, Declarant hereby amends, modifies,

alters and changes the Declaration as follows:

The real property described in the attached

Exhibit "A" including the improvements constructed or to be are hereby subjected and submitted to the

constructed thereon provisions of the Declaration and shall be held, sold,

otherwise encumbered subject to the covenants and restrictions transferred, conveyed, used, occupied and mortgaged or

set forth therein.

2. Whereas, as to only those lots or units created

property as described on the attached Exhibit "A", Declarant or to be created by the subdivision and development of the

hereby amends, modifies, alters, and changes the Declaration as

follows:

a. All language which contemplates a minimum

setback line of 50 feet along the property lines

which abut the golf course as described in

Article IV, Section 3, is hereby deleted in its However, notwithstanding anything to

the contrary herein, the remaining language of entirety.

said Section 3 remains unmodified and in full

force and effect.

b. All language which addresses a minimum

square footage in Article IV, Section 6(a), is

hereby deleted in it entirety.

c. All language which appears in Article V,

deleted in it entirety and substituted in lieu Section 1, concerning residential use is hereby

thereof shall be the following language:

902000

"All lots or units created or to be created by the subdivision and development of the property as described on the attached Exhibit "A", shall be used for structure or other improvements shall be residential purposes exclusively and no permitted to remain on said property other erected, altered, placed, maintained or County PUD zoning which presently than those currently allowed under Oconee regulates the use of said property." d. Article VI, which aadresses the Association to provide that the contemplated PUD Homeowners Membership and Voting Rights, is hereby amended Grayson shall own six (6) units (as units are ' Association to be established and created by defined in said Declaration) and shall be entitled to six (6) votes (as votes are defined in said Declaration).

remain and be in full force and effect. Except as amended hereby, the Declaration shall this Amendment under seal this 23rd day of May, 1989. IN WITNESS WHEREOF, the undersigned, has executer

CORPORATION J.M. ATHENS, INC., A GEORGIA BY : JANE 110 NUEISER)

JEELEY. PRESIDENT ATTESTS SESH N. ABELL, SEC. SEALI in the presence of: Signed, sealed and delivered

Lisa. A Patterson

Unofficial

Notary Public

PUBLIC

MY COMMISSION EXPIRES JUNE 13, 1992

Fici for record May 25,1989 6 93/214 Trice May 26, 1989ł Sendre C. C

000408

hit tract or parcel of land, containing 4.996 acres, more or less, and being in the 1331st District, G.M., Oconee County,

lying and being more particularly shown according to that certain entitled "Survey for Jennings Mill" dated November 9,

11, page 18,

hy beby made to said plat for a more complete description of the

party herein conveyed.

1al1

IDENT SEAL)

FIFTH AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVENANTS

FOR JENNINGS MILL SUBDIVISION

THIS FIFTH AMENDMENT TO DECLARATION OF RESTRICTIONS AND COVENANTS FOR JENNINGS HILL SUBDIVISION made the date hereinafter set forth by J.M. Athens, Inc., successor in title to Jennings Mill, Ltd. (hereinafter referred to as "Declarant").

WITNESSETH:

WHEREAS, J.M. Athens, Inc., is the successor in title to Jennings Mill, Ltd. which is the Declarant of those certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Superior Court of Oconee County, Georgia in Deed Book 83, pages 877-904 and recorded in the Superior Court of Clarke County, Georgia in Deed Book 704, page 202 (hereinafter referred to as the "Declaration"); and

WHEREAS, the First Amendment to the Declaration is dated October 26, 1987, recorded in Deed Book 93, page 502, Oconee County Records, the Second Amendment to the Declaration is dated April 6, 1988, recorded in Deed Book 98, page 110, atoresaid records, the Third Amendment to the Declaration is, dated May 1, 1988, recorded in Deed Book 98, page 778, aforesaid record3, and the Fourth Amendment to the Declaration is dated May 23, 1989, and recorded in Deed Book 110, page 407, aforesaid records; and

WHEREAS, Declarant contemporaneously herein is conveying the hereinafter described property to Jennings Mill Country Club, Inc. (hereinafter referred to as "Country Club"') and Declarant thereby desires to amend the Declaration as hereinafter set forth and by submitting the said property as described in the attached Exhibit "A" to the provisions of the Declaration.

NOW THEREFORE, Declarant hereby amends, modifies, alters and changes the Declaration as follows:

The real property described in the attached Exhibit "A" including the

improvements constructed or to be constructed thereon are hereby subjected and submitted to the provisions of the Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants and restrictions set for herein.

WHEREAS, as to only the property described on the attached Exhibit "A", Declarant hereby amends, modifies, alters and changes the Declaration as follows:

(a) Article IV, Building Requirements is hereby deleted in its entirety.

(b) Article V, Use Restrictions, Sections 1,2,3,4,7, and 10, are hereby deleted in' their entirety and substituted in lieu thereof is the following:

Section 1, Country Club Use. "No building or structure shall be erected, altered, placed or permitted to remain on the property, or any portion thereof, other than buildings and amenity facilities that are customarily used in the operation of a private country club facility. Further, no single

family or multi-family residential units, no hotel or motel facilities, and no commercial or industrial use facilities shall be erected, altered, placed or otherwise permitted on the property or any portion thereof, without the prior written approval of the Declarant".

(c) Article V, Section 5 is hereby amended by adding the following language thereto:

"Provided, however, Jennings Mill shall have the right to maintain the temporary golf pro shop modular house that is presently used in

conjunction with the golf course operation, subject to the terms of a

Lease Agreement between the parties of even date herein."

(d) Article VI which addresses the Association membership and the voting rights, is hereby amended to provide that the Country Club shall own 169 units (as units are defined in said Declaration) and shall be entitled to 169 votes (as votes are defined in said Declaration).

(e) Article VII, Assessments, Section 6 is hereby amended to provide that the initial special assessment of $25.00 per unit, is hereby waived for the purpose of the conveyance Contemplated herein to the Country Club.

(f) Article VIII, General Provisions, Section 1 and Section 2 are hereby deleted in their entirety.

Except as amended hereby, the Declaration, and all amendments thereto shall remain and be in full force and effect.

IN WITNESS WHEREOF, the undersigned has executed this amendment under seal, this 1" day of October, 1990.

EXHIBIT 'A"

All those tracts or parcels of land situate, lying and being in the 241st District, G.M., Clarke County, and in the 1331st District, G.M., Oconee County, Georgia and being more particularly shown and delineated as "TRACT 1 - 25.103 ACRES, TRACT 2 - 48.094 ACRES, TRACT 3 - 23.536 ACRES, TRACT 4 - 25.723 ACRES, TRACT 5 - 12.595 ACRES, TRACT 6 - 16.151 ACRES, TRACT 7 - 14.973 ACRES and TRACT 8 - 2.812 ACRES" on that certain plat of survey entitled "Survey For Jennings Mill Golf Course" dated August 11, 1988, revised December 5, 1988, prepared by Ben McLeroy & Associates, Inc., and recorded in Plat Book 25, page 4, in the Office of the Clerk of the Superior Court, Clarke County, Georgia, and recorded in Plat Book 13, page 244, in the Office of the Clerk of the Superior Court, Oconee County, Georgia, reference being hereby made to said plat for a more complete description of the property herein described.

The above described property being all that property as described in Warranty Deed from J.M. Athens, Inc. to Jennings Mill Country Club, Inc. dated October 1, 1990, and recorded in the deed records of Clarke and Oconee Counties.

CONED COUNTYS CA SANDRA C. FILED IN OFFICE Clark, Suparior Court CLENK SUPERIOR COURT / CLARKE COUNTY, CA FILED FOR RECORD + i 41 _NASH) (P)

Mes 1 - • 18.20 AND RECORDE KOY 12 3 49 FELTON A BOYER DORO BOOM LaY PACA224-277

JENNINGS MILL BURDIVIBION

DATE Nedia Johnsen. DOLATHIS FIFTE AHENDMENT TO DECLARATION OF RESTRICTIONE AND

COVENANTS FOR JENNINGS MILL SUBDIVIBION made the date hereinafter

Bet forth by J.M. Athens, Inc., successor in title to Jennings

Mill, Itd. (hereinafter referred to'as "Declarant")

WITNESSETH:

WHEREAS, J.M. Athens, Inc. is the successor. in title to

Jennings Mill, Ltd. which is the Declarant of those certain

Declaration of Restrictions and Covenants for Jennings Mill dated

December 23, 1986 and recorded in the Superior Court of Oconee

County, Georgia in Deed Book 83, pages 877-904 and recorded in the

Superior Court of Clarke County,. Georgia in Deed Book 704, page 202 (hereinafter referred to as the

"Declaration"); and

WHEREAS, the First Amendment to the Declaration is dated

October 26, 1987, recorded in Deed Book 93, page 502, Oconee County

Records, the Second Amendment to the Declaration is dated April 6,

1988, recorded in Deed Book 98, page 110, aforesaid records, the

Third Amendment to the Declaration is dated May 1, 1988, recorded

in Deed Book 98, page 778, aforesaid records, and the Fourth

Amendment to the Declaration is dated May 23, 1989, and recordid in

Deed Book 110, page 407, aforesaid records; and

WHEREAS, Declarant contemporaneously herein is conveying

the hereinafter described property to Jennings Mill Country Club,

Inc. (hereinafter referred to as "Country Club")' and Declarant

thereby desires to amend the Declaration as hereinafter set forth

and by submitting the said property as described in the attached

Exhibit "A" to the provisions of the Declaration.

NOW THEREFORE, Declarant hereby amends, modifies, alters

and changes the Declaration as follows:

1. The rèal property described in the attached Exhibit

"A" including the improvements constructed or to be constructed

thereon are hereby subjected and submitted to the provisions of the

Declaration and shall be held, sold, transferred, conveyed, used,

occupied, and mortgaged or otherwise encumbered subject to the

covenants and restrictions set for herein.

2. WHEREAS, as to only the property described on the

attached Exhibit "A", Declarant hereby amends, modifies, alters and

changes the Declaration as follows:

a . Article IV, Building Requirements is hereby

deleted in its entirety

BOOK 1062 PAGE 92

10676

b. Article V, Use Restrictions, Sections 1,2, 3, 4,7, and 10, are nereby deleted in their following: entirety and substituted in lieu thereof is the structure shall be erected, altered, placed or Section 1, Country Club Use. "No building or thereof, other than buildings and amenity facilities permitted to remain on the property, or any portion that are customarily used in the operation of a private country club facility. family or multi-family residential units, no hotel Further, no single or motel facilities, and no commercial or industrial ise facilities shall be erected, altered, placed or otherwise permitted on the property or any portion thereof, without the prior written approval of the Declarant" adding the following language thereto: Article V, Section 5 is hereby amended by

"Provided, however, Jennings Mill shall have the right to maintain the temporary golf pro shop modular house that is presently used in conjunction with the golf course operation, subject to the terma date herein." or a Lease Agreement between the parties of even d. Article VI which addresses the Association membership and the voting rights, is hereby amended to provide that the Country Club shall own 169 units (as units are defined in said Declaration) and shall said Declaration). be entitled to 169 votes (as votes are defined in e. Article VII, Assessments, Section 6 is hereby amended to provide that the intitial special assessement of $25.00 per unit 1s hereby waived for the purpose of the conveyance contemplated herein to the Country Club. f. Article VIII, General Provisions, Section 1 and Section 2 are hereby deleted in their entirety. Except as amended hereby, the Declaration, and all amendments thereto shall remain and be in full force and effeot.

BOOK 1062 PAGE 93

amendment under seal, this fil the unders le has executed this. IN WITNESS WHEREOF day.of

signed Bealed and delivered J.M. ATHENS, INC., a Georgia in the presence corporation

Tellmar hey Peer Unofficial rebels

SEAL) Notary Pub

FUBLIC

COUNTY, G

MY COMIMISSIOH EXPIRES JUNE 13, 1992

EXHIBIT. IAI

All those tracts or parcels of land situate, lying and being in the 24lst District, G.M., Clarke County, and in the 133lst District, G.M., Oconee County, Georgia and being more particularly shown and delineated as "TRACT 1 - 25.103 ACRES, TRACT 2 - 48.094 ACRES, ACRES, TRACT 6 - 16..151 ACRES, TRACT 7 - 14.973 ACRES and TRACT 8 TRACT 3 - 23.536 ACRES, TRACT 4 ~ 25.723. ACRES, TRACT 5 - 12.595 2.812 ACRES" on that certain plat of survey entitled "Survey For Jennings Mill Golf Course" dated August 11, 1988, revised December 1988, prepared by Ben Mcleroy & Associates, Inc., and recorded in Plat Book 25, page 4, in the Office of the Clerk of the Superior Court, Clarke County, Georgia, and recorded in Plat Book 13, page 44, in the Office of the Clerk of the Superior Court, Oconee more complete description of the property herein described. County, Georgia, reference being hereby made to said plat for a The above dascribed property being all that property as desoribed In Warranty Deed from J.M. Athens, Ing, to Jennings Mill Country club, Inc, dated Ootober l of Clarka and Ocones Counties. 1990, and recorded in the dead records

BOOK 1062 PADE 95ÍŘÍ

SIXTH AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVENANTS

JENNINGS MILL SUBDIVISION

This Sixth Amendment to the Declaration of Restrictions and Covenants for Jennings Mill is made this 16th day of March, 1993. amending those certain Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the office of the Clerk of Superior Court of Oconee County, Georgia in Deed Book 83, Page 877.

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Superior Court of Oconee County, Georgia in Deed Book 83, page 877, and

WHEREAS, Section 6 of Article VIII of the aforesaid Declaration of Restrictions and Covenants provides for the Amendment of said Restrictions and Covenants by vote of the Unit Owners of the properties to which said Restrictions and Covenants are applicable, and

WHEREAS, pursuant to the terms of Section 6 of Article VIII of said Restrictions and Covenants a meeting was held by the Unit Owners for the purpose of considering amendments to said Restrictions and Covenants at which time action was taken adopting certain Amendments to said Restrictions and Covenants.

THEREFORE, pursuant to the terms of Section 6 of Article VIII of said Restrictions and Covenants and as the result of action taken by the Unit Owners of the properties to which said Restrictions and Covenants are applicable on March 16, 1993, said Restrictions and Covenants are hereby amended as follows:

AMENDMENT

Paragraph (a) of Section 6 of Article IV is hereby amended by adding thereto the following:

Buildings are to be of traditional design with a roof slope of not less than nine (9) feet vertical rise to twelve (12) feet of horizontal run for the primary roof system, or such other design as is approved by the Jennings Mill Architectural Control Committee, or its designee.

AMENDMENT

Paragraph (b) of Section 6 of Article IV is hereby amended to read as follows: (b1) Exterior Materials. Exterior of buildings to be brick, stucco, stone or

combination thereof on primary walls. No external windows, doors or trim of

any kind with exposed metal surfaces other than leaded windows.

(b2) Approved Exterior Colors. Approved colors for exteriors of wood, stucco, or painted brick are white, ivory, beige and gray. The approved color for exterior colors may be used as are approved in writing by the Jennings Mill Architectural Control Committee, or its designee.

(b3) Approved Roof Covering Materials. Approved roof covering materials are as follows:

A. Dimensional asphalt or fiberglass shingles being black, gray or beige.

B. Cedar shakes and Wood Shingles.

C. Slate.

D. Red or Green Clay Tile.

E. Gray Concrete Tile.

F. Such other roofing materials as are approved in writing by the Jennings Mill Architectural Control Committee, or its designee.

AMENDMENT

Paragraph D of Section 6 of Article IV is hereby amended by adding thereto the following:

During the construction period, a portable toilet shall be provided on site. Litter shall be removed from the area of the building site at the end of each work day. Construction debris shall either be removed from the building site at the end of each work day, or stored on site so as not to be visible from the street or from surrounding dwellings. Any rock, debris, or clods of dirt left in the street by construction traffic shall be removed from the street at the end of each work day.

AMENDMENT

Paragraph K of Section 6 of Article IV is hereby amended by adding thereto the following:

Sixty percent of the exterior building perimeter shall be required to have a foundation planting with a mixture of no less than five varieties of shrubs, and no less than three varieties of trees. No bare spots of soil over twelve inches in diameter shall be permitted in six months after the landscape installation. All tree stakes and guide wires shall be removed one year after plant installation or sooner. Any trees that die on a site shall be removed within six months of death at the owner's expense. Approval of a proposed site plan shall be obtained from the Architectural Control Committee, or its designee, prior to any earth moving activity on any property. Grassed areas adjacent to the street shall be

sodded and irrigated.

AMENDMENT

Section 1 of Article V is hereby amended by adding thereto the following:

A single family is defined as a single domestic unit of one or more persons

related by blood, marriage, or adoption and no more than one unrelated

individual.

AMENDMENT

Section 2 of Article V is hereby amended by adding thereto the following:

Signs. No signs other than residential real estate signs or temporary

construction signs shall be permitted. No contractor signage shall be nailed or attached to a tree. Advertising posters or commercial signs will not be, allowed. Permitted signs shall conform to standards set by the Jennings Mill

Architectural Control Committee.

Jennings Mill Property Owners Association, pursuant to vote of Unit Owners on the 16th day of March, 1993, pursuant to the Section 6 of Article VIll of the original Articles of Restrictive Covenants.

SEVENTH AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVEVANTS

JENNINGS MILL SUBDIVISION

Amendment to the Declaration of Restrictions and Covenants for Jennings Mill is made this 1st day of May, 1995, amending those certain Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the office of the Clerk of Superior Court of Oconee County, Georgia in Deed Book 83, Page 877.

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain Declaration of Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Superior Court of Oconee County, Georgia in Deed Book 83, page 877, and

WHEREAS, Section 6 of Article VIII for the aforesaid Declaration of Restrictions and Covenants provides for the Amendment of said Restrictions and Covenants by vote of the unit owners of the properties to which said Restrictions and Covenants are applicable, and

WHEREAS, pursuant to the terms of Section 6 Article VIII of said Restrictions and Covenants a meeting was held by the Unit Owners for the purpose of considering amending said Restrictions and Covenants at which time action was taken amending certain Amendments to said Restrictions and Covenants.

THEREFORE, pursuant to the terms of Section 6 of Article VIII of said Restrictions and Covenants and as the result of action taken by the Unit Owners of the properties to which said Restrictions and Covenants are applicable on May 1, 1995 said Restrictions and Covenants are hereby amended as follows:

AMENDMENT

Section 1 of Article IV is hereby aaended by deleting the following:

"A single family is defined as a single domestic unit of one or more persons, related by blood, marriage, or adoption and no more than one unrelated

individual."

and adding thereto the following:

"Single-Family" shall be any family as defined below and not more than one unrelated individual.

"Family" shall be defined as, with respect to a person:

(a) That the person is a parent or has legal custody of one or more individuals who have not attained the years of eighteen years and such individuals are being domiciled with such parent or legal custodian;

(b) That the person is the designee of a parent or other person having legal custody, with the written permission of the parent or other person, and that one or more individuals who have not attained the age of eighteen years are being domiciled with such persons;

(c) That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years;

(d) That the person is related by blood or marriage to another individual being domiciled with such person., or

(e) That the person is a single individual.

Nothing contained herein shall be construed a to conflict with the Federal Fair Housing Amendment Act of 1988 (42 USCS §§3601 et seq.), the Georgia Fair Housing Act (O.C.G.A. §§8-3-200 et seq.) or any other laws of the United States or Georgia.

Jennings Mill Property Owners Association acting pursuant to vote of Unit Owners on the 1st day of May, 1995, pursuant to the Section 6 of Article VIII of the original Articles of Restricted Covenants.

BRIL

030

OCONEE COUNTY, GA SANDI4 C GLASS Clurk, Supurior Court

• FOR RECORD. 10:35 -(4)(799) Tan. 3 .. 10.99 AND NECGIRDED

PAGEN

, 19. SEVENTH AMENDMENT TO DECLARATION OF _CLERK SC.

RESTRICTIONS AND COVENANTS

JENNINGS MILL SUBDIVISION

Thie sex things eil i made this loot yotr Mirchand

Covenants for Jennings Mill is made this Restrictions and Covenants

1993. amending those certain

Jennings Mill dated December 23, 1986 and recorded in the Office of

the Clerk of Superior Court of Oconee County, Georgia in Deed Book

83, Page 877.

WITNESSETH:

WHEREAS, Jennings Mill, Ltd. is the Declarant of the certain

Declaration of Restrictions and Covenants for Jennings Mill dated

December 23, 1986 and recorded in the Superior Court of Oconee

County, Georgia in Deed Book 83, page 877, and

WHEREAS ' OE Section of Article VIII of the aforesaid

Restrictions and Covenants provides for the

Amendment of said Restrictions and Covenants by vote of the unit Declaration

owners of the properties to which said Restrictions and Covenants

are applicable, and

WHEREAS, pursuant to the terms of Section 6 of Articlo Vill of

said Restrictions and Covenante a meeting was held by the unit to said

owners for the purpose of considering amendments

Restrictions and Covenants at which time action was taken adopting

certain Amendments to said Restrictions and Covenants.

THEREFORE, pursuant to the terms of Section 6 of Article VIII

of said Restrictions and Covenants and as the result of action said

taken the unit owners of the properties to which

Restrictions and Covenants are applicable on March 16, 1993 said

Restrictions and Covenants are hereby amended as follows:

F : AMENDMENT

Paragraph a of Section 6 of Article IV is hereby amended by

adding thereto the following:

Buildings are to be of traditional design with a roof slope of

not less than nine (9) feet vertical rise to twelve (12) feet of

horizontal run for the primary roof system, or such other design as

is approved by the Jennings Mill Architectural Control Committee,

or its designee.

AMENDMENT

Paragraph b of Section 6 of Article IV is hereby amended to

read as follows:

ULIL

...

(bl) Exterior Materials. Exterior of buildings to be brick,

stucco, stone or combination thereof on primary walls. No external

windows, doors. trim of any kind with exposed metal surfaces

other than leaded windows.

(b2) Approved Exterior Colors. Approved colors for exteriors

of wood, stucco, or painted brick are white, ivory, beige and gray.

the approved color for exterior colors may be used as are approved

in writing by the Jennings Mill Architectural Control Committee, or

its designee.

materials are as follows: (b3) Approved Roof Covering Materials. Approved roof covering

A. Dimensional asphalt or fiberglass shingles being

black, gray or beige.

B. Cedar shakes and Wood Shingles.

C. Slate.

D. Red or Green Clay Tile.

E. such other roofing materials as are approved in Concrete Tile.

writing by the Jennings Mill Architectural Control

Committee, or its designee.

AMENDMENT

Paragraph D of Section 6 of Article IV is hereby amended by

adding thereto the following:

During the construction period, a portable toilet shall be

provided on site. Litter shall be removed from the area of the

building site at the end of each work day. Construction debris

shall either be removed from the building site at the end of each

work day, or stored on site so as not to be visible from the street

or from surrounding dwellings. Any rock, debris, or clods of dirt

left in the street by construction traffic shall be removed from

the street at the end of each work day.

AMENDMENT

Paragraph K of Section 6 of Article IV is hereby amended by

adding thereto the following:

sixty percent of the exterior building perimeter shall be

required to have a foundation planting with a mixture of no less

than five varieties of shrubs, and no less than three varieties of

trees. No bare spots of soil over twelve inches in diameter shall

be permitted in six months after the landscape installation. All

tree stakes and guide wires shall be removed one year after plant

installation or soonex. Any trees that die on a site shail be

removed within six months of death at the owner's expense. Approval

of a proposed site plan shall be obtained from the Architectural

Control Committee, or its designee, prior to any earth moving

BRIL

032

...02

activity on any property. Grassed areas adjacent to the street shall be sodded and irrigated.

AMENDMENT

Section 1 of Article V is hereby amended by adding thereto the following:

A single family is defined as a single domestic unit of one or more persons related by blood, marriage, or adoption and no more than one unrelated individual.

AMENDMENT

Section 2 of Article V is hereby amended by adding thereto the following:

Signs. No signs other than residential real estate signs or temporary construction signs shall be permitted. No contractor signage shall be nailed or attached to a tree. Advertising posters Permitted signs shall Or commercial signs will not be allowed.

conform to standards set by the Jennings Mill Architectural Control Committee.

vote of unit owners on 1993, pursuant to the section 6 of Article VIII of the original Articles of Restrictivo Covenants.

Recorded on at/ 0 35ampm Signed, sealed and delivered JENNINGS MILL PROPERTY OWNERS in the presence of: ASSOCIATION, INC

cord /-3-941ł Witness ces ident

Cert 14 - He Kickley Trev in

Notary Public Attest: Secretary

10 Can Poison Exple s Septemuer 8, 1997 Commission Expires September

PUSL

EIGHTH AMENDMENT

TO DECLARATION OF RESTRICTIONS AND COVEVANTS

JENNINGS MILL SUBDIVISION

This eighth Amendment to the Declaration of Restrictions and Covenants for Jennings Mill is made this 9th day of December 1996 amending those certain Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Office of the clerk of Superior Court of Oconee County, Georgia in Deed Book 83, Page 877.

This Amendment provides a special category of membership in the Jennings Mill Property Owners Association for: (1) homeowners in The Meadows, a residential development within the Jennings Mill Planned Development and (2) owners of office, institutional or professional lots adjacent to Meriweather Drive in the commercial section of The Meadows, the area zoned for commercial development within the Jennings Mill Planned Development.

(a) Homeowners within the residential development of The. Meadows may be accepted as voting members of Jennings Mill Property Owners Association. When a lot owner is accepted as a member of the Jennings Mill Property Owners Association, the lot owned by said lot owner shall be subject to the terms and conditions of membership in the Jennings Mill Property Owners Association, and said obligation shall run with the land.

The Jennings Mill Property Owners Association shall set assessments and be responsible and have the authority stipulated in Article VII of the Jennings Mill Property Owners Association Restrictions and Covenants to collect all assessments from the aforementioned lot owners who become members of Jennings Mill Property Owners Association. The Jennings Mill Property Owners Association shall not enforce any of its Restrictions or Covenants other than Article VI (membership and voting) and Article VII (assessment) as the lot owners in The Meadows otherwise have their own restrictive covenants.

(b) Owners of Office Institutional and Professional (OIP) lots in the commercial section of The Meadows along Meriweather Drive may be accepted as voting members of Jennings Mill Property Owners Association. When a lot owner is accepted as a member in Jennings Mill Property Owners Association the lot owned by said lot owner shall be subject to the terms and conditions of membership in the Jennings Mill Property Owners Association and said obligations shall run with the land. The Jennings Mill Property Owners Association shall set assessments and be responsible and have the authority stipulated in Article VII of the Jennings Mill Property Owners Association Restrictions and Covenants to collect all assessments from unit owners who are members of the Jennings Mill Property Owners

Association. The Jennings Mill Property Owners Association shall also enforce Article VI (membership and voting) of its Restrictions and Covenants with unit owners who are members of Jennings Mill Property Owners Association.

(c) The Jennings Mill Property Owners Association shall provide security services and

maintain the decorative entrances to the Sections subject to this Amendment and otherwise provide services consistent with those services provided to unit owners in the Jennings Mill Planned Unit Development.

Jennings Mill Property Owners Association acting pursuant to the vote of unit owners on the 9th day of December, 1996, pursuant to Section 6 of Article VIII of the original Articles of Restrictive Covenants hereby adopts the aforementioned Amendment.

ReTurn: 1361 Jennings 11, 11 Rel.

Sogort, G4. 306= 2

SANDRA C. GEORGIA Amendment to Declaration of ILED FOR RECOR ala. 1. (0) (PM) Restrictions and Covenants IN BOOK / PAGE # Jennings Mill Subdivision ON _ -, 18. CLERK SC. This Amendment to the Declaration of Restrictions and Covenants for Jennings Mill is made this 9th day of December 1996 amending those certain Restrictions and Covenants for Jennings Mill dated December 23, 1986 and recorded in the Office of the clerk of Superior Court of Oconee County, Georgia in Deed Book 83, Page 877.

This Amendment provides a special category of membership in the Jennings Mill Property Owners Association for: (1) homeowners in The Meadows, a residential development within the Jennings Mill Planned Development and (2) owners of office, institutional or professional lots adjacent to Meriwenther Drive in the commercial section of The Meadows, the area zoned for commercial development within the Jennings Mill Planned Development.

a) Homeowners within the residential development of The Meadows may be accepted as voting members of Jennings Mill Property Owners Association. When a lot owner is accepted as a member of the Jennings Mill Property Owners Association, the lot owned by said lot owner shall be subject to the terms and conditions of membership in the Jennings Mill Property Owners Association, and said obligation shall run with the land.

The Jennings Mill Property Owners Association shall set assessments and be responsible and have the authority stipulated in Article VII of the Jennings Mill Property Owners Association Restrictions and Covenants to collect all assessments from the aforementioned lot owners who become members of Jennings Mill Property Owners Association. The Jennings Mill Property Owners Association shall not enforce any of its Restrictions or Covenants other than Article VI (membership and voting) and Article VII (assessment) us the lot owners in The Meadows otherwise

b) Owners of Office Institutional and Professional (OIP) lots in the commercial section of The Meadows along Meriweuther Drive may be accepted as voting members of Jennings Mill Property Owners Association. When a lot owner is accepted as a member in Jennings Mill Property Owners Association the lot owned by said lot owner shall be subject to the terms and conditions of membership in the Jennings Mill Property Owners Association and said obligations shall run with the land.

The Jennings Mill Property Owners Association shall set assessments and be responsible and have the authority stipulated in Article VII of the Jennings Mill Property Owners Association Restrictions and Covenants to collect all assessments from unit owners who are members of the Jennings Mill Property Owners Association. The Jennings Mill Property Owners Association shall also enforce Article VI (membership and voting) of its Restrictions and Covenants with unit owners who are members of Jennings Mill Property Owners Association.

..0:# /...m . **

538 000538

c) * The Jennings Mill Property Owners Association shall provide security services and maintain the decorative entrances to the Sections subject to this Amendment and otherwise provide Development. services consistent with those services provided to unit owners in the Jennings Mill Planned Unit

Jennings Mill Property Owners Association acting pursuant to the vote of unit owners on the 9th day of December, 1996, pursuant to Section 6 or Article VIll of the original Articles of Restrictive Covenants hereby adapts the aforementioned Amendment.

This the / day of Febanan → 1027

JENNINGS MILE PROPERTY OWNERS ASSOCIATION

CLERK SUPERIOR COURT FILED IN OFFICE

CI ARKE COUNTY GA.

DECIARATION OF RESTRICTION AND OVENANTS

JENNINGS MILL BOOK PACE = 202

THIS DECLARATION, made on MAma condiEthatter set forth by Jennings Hill, Ltd., a Georgia Limited Partnership (hereinafter sometimes called "Declarant").

RECITALS:

A. Declarant is the owner of the real property referenced in Section 1 of Article II of this Declaration and described in Exhibit "A" attached hereto, as well as certain additional real property referenced in Section 2 of Article II and described in Exhibit "B" attached hereto.

Declarant desires to subject the real property described in Exhibit "A" to the provisions of this Declaration, part of the additional property described in Exhibit "B" to the and Declarant desires to reserve the option to subject all or provisions of this Declaration.

property described in Exhibit "A" to this Declaration, including NOW, THEREFORE, Declarant hereby declares that the real the improvements constructed or to be constructed thereon, and any additional property described in Exhibit "B" as may by amendment hereto be subjected to this Declaration, 1s hereby subject to the provisions of this Declaration, and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions (sometimes referred to herein collectively as "covenants and restrictions") hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to the real property hereby made subject hereto, and shall be binding on all persons having any right, title or interest in all or any portion of the real property now made subject hereto, Their respective heirs, legal representatives, successors, successors-in-title and assigns, and shall inure to thereof. the benefit of each and every owner of all of any portion

ARTICLE I

/ DEFINITIONS

Additional PropertyồẠỊ shall mean and refer to the improvements thereon. real property described in Exhibit "B" and all ind 10(62/92 11/12/90 A 704P2202

F 00535

Ocon

B. Architectural Control Committee shall mean and initially comprised of the Declarant and such other refer to the Board of Directors of the Association and thereafter those persons selected annually by individuals or entities as Declarant may appoint this Declaration. the Owners in compliance with the provisions of Mill Homeowner's Association, Inc., a non-profit "Association" shall mean and; refer to the Jennings D. "Community" Georgia corporation, its successors and assigns. real property described in Exhibit "A" attached shall mean and refer to that certain hereto and any Additional Property described in Exhibit "B" as may by amendment hereto be subjected to this Declaration. Mill, Itd., a Georgia Limited Partnership, the "Declarant" shall mean and refer to (1) Jennings successor-in-title to the said party to all or party executing this Declaration, or (ii) any successor-in-title shall acquire such Community for some portion of the Community, provided such further, in the instrument of conveyance to any the purpose of development or sale, and provided such successor-in-title, such successor-in-titie is expressly designated as the "Declarant" hereunder of the Community become subject to a first at the time of such conveyance; or (1ii) should any mortgage given by "Declarant" as security for the repayment of a construction or development loan, then all the rights, privileges and options herein reserved to Declarant" shall inure to the benefit the owner of all the Community then subject of the holder of such mortgage upon its becoming i all such Community at a judicial or foreclosure chereto through whatever means, or the purchaser sale made pursuant to any power of sale coptained 15 а » на e anarie to e восво - in-title of any such acquirer of title to such Community provided any. such successor-in-title or sale all or some portion of such Community, and shall acquire for the purpose of development provided further, in the instrument of conveyance to such successor-in-title, much successor-in-title is designated as the "Declaranti hereunder by the BOOK 704 PAGE 203

privileges and options herein reserved to

ạDeolarant" may be tranaferred to the successorIn-title of any such acquirer of title to such

Community provided any such successor-in-title

shall acquire for the purpose of development

or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant hereunder by the grantor of such conveyance, which grantor or such conveyance shall be the Declarant™ hereunder at the time of such conveyance. In the event that

persons specified in both (11) and (111) above become entitled to succeed to the interests of "Declarant" ar person entitled to be "Declarant" by virtue of (ili, therein provided; then as between such persons, above shall be "Declaranti instead of any person entitled to be "Declarant by virtue of (11) above. "Mortgage" means any mortgage, deed to secure debt, Becurity deed and any and all other similar

instruments used for the purpose of conveying or encumbering real property as security for the payment or satisfaction of an obligation.

Mowner" shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any Unit located within the Community, excluding; however, any person holding such interest merely as ecurity lor the periormance or satisfaction oi an obligation.

H. "Person* means any, natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust or other legal entity. "Unit* shall mean any plat of land located within the Community which constitutes a single dwelling site designated on any plat of survey recorded in the office of the Clerk of superior Court of the county in which the Community is located, as wel. as any bullding or any portion of any building located thereon which 1s intended for independent residential use

ARTICLE II

PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONAL PROPERTY

Section 1. Property Subject to Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and

mortgaged.or otherwise encumbered subject to this Declaration is the real property described as the Community in Article I hereof.

10K 704 PEE 204

Section 2. Plan of Development of Additional

Property. Declarant hereby reserves the option, to be

exercised in its sole discretion, to submit from time to time the Additional Property or a portion or portions thereof to the provisions of this Declaration and thereby to cause the

additional Property or a portion or portions thereof to become art of the community. Declarant intends to construct approximately nine hundred At this time fifty (950) Units on

che Additional Property, together with roads, utility systems and other improvements serving such Units. However, Declarant reserves the right to construct fewer or more Units on the . Additional Property provided that Declarant is in compliance with the applicable provision of the zoning ordinance of the county in which the Community is located. This option may be axercised by Declarant in accordance with the following

conditions and limitations, which are the only conditions and limitations on such option to add all or any portion of the Additional Property to the Community:

(a) The option may be exercised from time to time during a period of seven (7) years from the date of this Declaration; provided, however, that the Declarant reserves the right to terminate such option at any time prior to the expiration of such seven (7) year period by executing: and filing an agreement with the records of the Clerk of the Superior Court of the county in which the Community 1s located evidencing such termination, and except for such termination by the Declarant, no other circumstances will terminate such option prior to the expiration of such seven (?) year period.

(b) The legal description of the Additional Property 1s set forth on Exhibit "g"; portions of the Additional Property may be subjected to this Declaration at different times, and there are no limitations fixing the boundaries of those portions or regulating the order, sequence, or location in which any of such portions may be added to the Community. The exercise of the option to submit a portion of the Additional Property to the Declaration shall not bar che further exercise of this option as to other portions or the balance of the Additional Property.

(c) The Additional Property has no vertical

boundaries, and the horizontal boundaries are the

perpendicular vertical projections of those lines which are the property line boundaries set forth in legal

descriptions on Exhibit "B"

If the Additional Property or any portion thereof on any potion of the Additional Property with say be added if any, located to Jennings Mill shall be similar to, or compatible with, the improvements to be constructed on the tract or parcel wolfedera atten ta sationa property or any architectural styie.

portion thereof. is subjected to this Declaration,

Declarant shall have the right, but not the obligation, to construct on the Additional Property, or any portion

BACH 704 PICE 205

thereof, much recreational and other facilities as Declarant shall deem advisable for the common use and enjoyment of the owners, their familles, tenants, quests, and invitees; there are no limitations with respect to the location of such facilities on the Additional Property:

(e) If the Additional Property or any portion thereof 1s subjected to this Declaration, the homes constructed thereon will be restricted exclusively to residential use.

(1) If the Additional Property or any portion thereof is subjected to this Declaration, Declarant reserves the right to designate the boundaries of the Units thereon.

(g) Should the option to add the Additional Property, or any portion thereof, not be exercised within the term specified herein or be terminated by Declarant, such option shall in all respects expire and be of no further force and effect. In the event that such option expires or. is to impose on the Additional Property or any portion thereor terminated, as aforesaid, Declarant shall not be obligated any covenants, conditions or restrictions the same or similar to those contained herein.

(h) The option reserved by Declarant to cause all or any portion of the Additional Property to become part of Jennings Mill shall in no way. be construed to impose upon Declarant any obligation to add all or any portion of the Additional Property to Jennings Mill or subject it to this Declaration or to construct thereon any improvements of any nature whatsoever. The option reserved under this Article II may be exercised by Declarant only by the execution of an amendment to this Declaration which shall be filed in the records of the Clerk of the superior Court of the county in which the Community is located. At or before the

consummation of the sale of the last Unit, Declarant shall convey to the Association any common areas of the Additional Property, or such portion thereof so submitted,. such conveyance to be subject to the lien of taxes not yet due and payable, utility easements serving the Community and/or the Additional Property, matters of record and any inspection of such parcel. exceptions which would be disclosed by a survey or physical expressly submit the Additional Property or such portior thereof to all the provisions of this Declaration as it may be amended, or upon the exercise, it any, of such option or options, the provisions of this Declaration shall then be inderstood as and construed as embracing the parcel described in Exhibit/"A" and the Additional Property or such portion thereof which is submitted to the terms hereof,

Sо PE PE206

together will all improvements located thereon. ~ If the Additional Property or any portion thereof is added to Jennings Mill, then from and after the addition of the Additional Property or such portion to Jennings Mill by such amendment to this Declaration, the number of votes in the Association shall be increased by the number of Units located on the Additional Property or such portion thereof as is added to Jennings Mill so that there shall continue to Mil1. be one (1) vote in the Association per Unit in Jennings of Development. Section 3. Units and Other Interests Subject to Plan Unit and every mortgagee and liehholder holding an interest Every purchaser of a Unit shall purchase such therein shall take title, or hold such security interest with respect thereto, with notice of Deciarant's plan of development specifically reserve the right to add the Additional Property or as herein set forth, and Declarant shall have and does hereby with respect to each Unit located within the Additional any portion thereof to Jennings Mill as hereinabove provided, and Unit and Property, to convey to the purchaser thereof the title to the its appurtenant membership and voting rights in the Association. Any provision of this Declaration to the contrary notwithstanding, the provisions of this the foregoing plan of development set forth in this Article Il may not be abrogated, without the prior written consent of Declarant. modified, rescinded, supplemented or amended in whole or in part

ARTICLE III

ARCHITECTURAL CONTROL COMMITTEE

Architectural Control Committee. Section 1. Purpose, Powers and Duties of the Architectural Control Committee is (a) The purpose of the to a administer and enforce the covenants and restrictions set forth in this Declaration; (D) in conjunction with the enforcement of this Declaration; and to collect and disburse any fees and charges (c) to assure the installation, construction or alteration of Control Committee for approval (i) as to whether the proposed any structure on any Unit is submitted to the Architectural harmony of external design and general quality with the existing installation, construction or alteration is in conformity and development of the Community; and (11) standards of the neighborhood and with the standards of the structures with respect to topography, finished ground as to the location of •levation and surrounding structures.

BOOK: 704 PEGE 207ł

Committee: Section 2. Selection of the Architectural Control the execution date of this Declaration until such time as the Initial Architectural Control Committee. Fron provisions of this Declaration pursuant to Article II expires Declarant's right to submit the Additional property to the and sold to permanent residents, the Architectural Control and all Units have been fully developed, permanently improved, Committee shall consist of the Declarant. However, upon the termination of the Class B membership per Article VI, Section Control Committee only with respect to its functions related to 2(b) hereof, the Declarant shall serve as the Architectural therewith, and the elected Board of Directors of the Association new residence construction and Unit improvement in connection Declarant to an Owner of the last Unit and the construction and shall function in all other capacities. Upon the sale by cease functioning as the Architectural Control Committee in all completion of a permanent residence thereof, the Declarant shall resign from the Architectural Control Committee, turning its respects. However, the Declarant may at any time prior thereof functions over to the Board of Directors of the Association. Committee shall hold such meetings as required or allowed for Section 3. Meetings. The Architectural Control the Board of Directors by the By-Laws..

Committee. Section 4. Action of Members of Architectural Control Any member of the Architectural Control Committee exercise the full authority of the Architectural Control may be authorized by the Architectural Control Committee to Committee with respect to all matters over which the Architectural Control Committee has authority as may be The action of such member with respect to the matters specified specified by resolution of the Architectural Control Committee. Committee and upon any applicant for an approval permit or shall be final and binding upon the Architectural Control the Architectural Control Committee on its own motion or appeal authorization, subject, however, to review and modification by by the applicant to the Architectural Control Committee as provided herein. Written notice of the decision of such member within ten (10) days after receipt of notice of any decision which he deems to be unsatisfactory, file a written request to Control Committee. have the matter in question reviewed by the Architectural Upon the filing of any such request, the matter with respect to which request was filed shall be submitted to, and reviewed promptly by, the Architectural days after the filing of such/request. The decision of a Control Committee, but in no event later than thirty (30) with respect to such matter shall be final and binding. majority of the members of the Architectural Control Committee

30M 71 PRE208

ARTICLE IV

BUILDING REQUIREMENTS

restrictions shall apply to the property which is initially The following property rights and architectural Additional Property which is hereafter subjected to this subjected to this Declaration as well as to any portions of the Declaration pursuant to Article II.

Section 1. Subdivision of Unit. No Unit shall be written approval of the Architectural Control Committee. subdivided, or its boundary lines changed, except with the prior Declarant, however, until such time as the last Unit is sold by the Declarant to an owner, hereby expressly reserves the right to replat any two (2) or more Units in order to create a modified residential Unit or Units, and to take such other steps as reasonably may be necessary to make such replatted Unit or Units suitable as a building site or sites. All of the covenants and restrictions set forth herein shall apply to each such Unit, if any, so created. Any such division, boundary line change or replatted Unit shall not be in violation of the applicable County subdivision and zoning regulations.

Section 2. Approval of Plans. No building, fence, pool wall, road, driveway, parking area, tennis court, swimming or other structure or improvement of any kind shall be reconstructed on any Unit until the plans therefor, and for the erected, placed, altered, added to, modified, maintained or approved in writing by the Architectural Control Committee. proposed location thereof upon the Unit, shall have been modification of the appearance of a Unit from the state existing "Improvement" shall mean and include any improvement, change or Unit Owner. Before taking any action requiring approval under on the date of the conveyance of such Unit by Declarant to a Control Committee a construction schedule and two (2) complete this Section, a Unit Owner shall submit to the Architectural sets of final plans and outline specifications, plan (which site plan shall show driveways, patios, decks; showing site accessory buildings, and all other components referenced in the first sentence of this section), landscape layout, floor plans, exterior elevations and exterior materials, colors and finishes. specifications as approved shall be made without the prior No chanqes or deviations in or irom such plans and alteration in the exterior appearance or any building, structure written approval by the Architectural Control Committee. /Nc Architectural Control Committee. or other improvement shall be made without like approval by the construction, the name of the builder must be submitted to the Further, before beginning any Architectural Control Committee as to building experience and Architectural Control Committee and approval by the ability to build houses or other structures of the class and type

BO0K 704 PAGE 209

of those which are to be built in the Community must be granted. The Architectural Control Committee shall act in accordance with Article III; Section 4 upon receipt of such information to approve or disapprove the same.

Neither the Architectural Control Committee, nor any person or party to whom the

Architectural Control Committee shall assign such function, shall be responsible or liable in any way for the performance of any builder or for any defects in any plans or specifications approved in accordance with the foregoing, nor for any

structural defects in any work done according to such plans and specifications. The Architectural Control Committee may refuse approval of plans, siting or specifications upon any ground,: including purely aesthetic considerations, which in its sole discretion it shall deem sufficient, Approval of any one series of improvements hereunder shall not waive the Architectural Control Committee!s rights to disapprove subsequent improvements to the same Unit.

Section 3: • Building Location: since the

establishment of inflexible building setback lines for locating houses or other structures tend to force construction of buildings both directly behind and directly to the side of other homes or buildings, with detrimental effect on privacy, view, reservation of important trees, etc., except as to Units abutting property which is part of a golf course to be developed by Declarant or an affiliate of Declarant, no specific setback lines are established by these covenants and restrictions other than those which may be required by applicable governmental rules and regulations and those which may be shown on recorded plats which shall be observed. The Architectural Control Committee reserves the right to control solely and absolutely building, the precise site and location of any proposed house, dwelling, or other structure or improvement upon all Units. such location shall be determined, however, only after

specific site. reasonable opportunity is afforded the Unit Owner to request a being apart of a golf Units which abut property now or in the future club shall be subject to a building setback line of 50 feet along such property lines of the Units which abut such golf course property. No improvements shall be placed or erected within such building setbạck area.

Section 4. Provision of Adequate Parking. Each single family residence constructed on any Unit must have a garage of sufficient size to house at least two (2) motor vehicles. Said two (2) vehicle garage shall be constructed entirely within the building setback area, and must be

substantial and conform architecturally to the dwelling to which it relates. Owners may request in writing to the Architectural control Committee a waiver of this requirement to allow a garage of sufficient bize to house only one (1) motor vehicli committes allow for no garage at all. The Architectural Control

may under reasonable circumstances grant such a request where the resulting appearance of the Unit is likely to preserve the overall appearance, scheme and design of the Community. If the

BOOK 701 PIGE 210

the garage, the Owner shall provide paved off-street parking for number of vehicles owned by the owner exceeds the capacity of located entirely within the building setback area. each of such additional motor vehicles, which parking shall be

Section 5. Attachment of Utilities. No permanent utility connections shall be made to any: dwelling or other Architectural Control Committee has verified general compliancé structure'by any utility, public or private, until the with these covenants and restrictions and with the plans and specifications therefor submitted pursuant to Section rach ve, and has approved said utility connections in writing. said property, when required to be served by a utility, must be Unit, parcel of land, residence, building or other structure on Architectural Control Committee. served by a water system and other utilities approved by the requirements set forth below are in no way to be construed as Section 6. Other Building Requirements. The discretion pursuant to Section 2 and 3 above. limited the exercise of the Architectural Control Committee's

(a) All units in Jennings Mill subdivision must the case of a one-story structure. In the case of a split contain a minimum of 2250 square feet of heated living space in level or two-story structure, the square footage on the main and upper levels must total 2500 square feet of heated living space: Owners may request in writing to the Architectural Control Committee a waiver of this requirement to allow a minimum of 2000 square feet of heated living space. The Architectual Control where the resulting appearance of the Unit is likely to preserve Committee may under reasonable circumstances grant such a request the overall appearance, scheme, and design of the Community. constructed only of materials, and in colors, approved in writing (b) Each residence and other structures shall be by the Architectural Control Committee.

(a) Driveways shall be conatructed only of materials approved in writing by the Architectural Control Committee, and any culverts, pipes or conduits for water placed in or under driveways or the ground with materials approved by the driveways shall be covered at points of protrusion from Architeotural Control Committes.

(a) The exterior of all residences and other

structures must be completed within six (6) months after commencement of construction and the landscaping on such Units must be completed within ninety (90) days thereafter, except, in each case, where, in the sole discretion of the Architectural Control Committee such completion is not possible or would result in greater hardship to the owner or Builder due to strike; fire, 'national emergency or natural calamity.

(e) All electricial service, cable television and telephone lines shall;be placed underground, and no exterior pole, tower, antenna or other device for the transmission or reception of television signals, radio signals or any other form of electromagnetic radiation, or for any other purpose, shall be erected, placed or maintained on any Unit except as may be constructed by the Declarant or approved in writing by the Architectural Control Committee. location, size, color, and intensity of ail exterior lights the design, type, shall be subject to control by the Architectural Control Committee and only such exterior lighting as shall have been be installed or used on any Unit., approved in writing by the Architectural Control Committee shall conditioning equipment); fuel or water tanks and similar storage (f) Mechanical equipment (other than heating or air Tocated or screened so de ta so concies fren viay etheties. neighboring Units, streets and property located adjacent to the Community. Heating and air conditioning equipment shall be installed in such location as will, to the maximum extent Units, streets and property located adjacent to the Community. possible, not be readily visible to the view of neighboring

(h) Unless located within ten (10) feet of a main dwelling or accessory building or within ten (10) feet of an approved building site, no trees, shrubs, bushes or other vegetation having a trunk diameter of six (6) inches or more at mutilated or destroyed at any time without the prior written a point of two (2) feet above ground level may be cut, pruned, toyee on the do cut ana renoved prompty trop by either brought to the attention of the Architectural Control Committee the Owner thereot after such dead or diseased condition is first and permission for such cutting and removal has been obtained. placed upon any One at any time, except for nester hack by a building contractor during the course, of construction. Such temporary shelters may not, at any time, be used as residences, nor be permitted to remain on the Unit after completion of construction. maintained upon any part of any Unit except in connection with a (j) No accessory building shall be placed, erected or residence already constructed or under construction at the time that such outbuilding is placed or erected upon that Unit.

TO 709 PESE 212

Section 7 Right of Inspection. The architectural Control Committee, its agents and representatives, shall have the right during reasonable hours to enter upon and inspect any Unit and improvement thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any improvement or the use of any Unit or improvement is in

Architectural Control Committee shall not be deemed to have compliance with the provisions of this Declaration; and the committed a trespass or other wrongful act solely by reason of such entry or inspection

Section 8. Violation. If any improvement shall be erected, placed, maintained or altered upon any Unit, otherwise than in accordance with the plans and specifications approved by the Architectural Control Committee pursuant to the provisions or this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the Architectural Control Committee such

violation shall have occurred, the Architectural Control

Committee shall be entitled and empowered to enjoin or remove any such construction, and take any other action permitted by the By-Laws of the Association. Any costs and expenses incurred by the Architectural Control Committee in enjoining and removing any construction or improvements shall become a lien against the Owner's Unit in accordance with Article VII, Section 2.

Additionally, the Architectural Control Committee shall be antitled to pursue all legal and equitable remedies.

Section 9. • Fees. The Architectural Control

Committee may impose and collect a reasonable and appropriate fee to cover the coat of inspections performed pursuant to Section 7 hereof, which such fee will be paid out'of regular or special assessments established per Article VII hereof. The fee shall be established from time to time by the Architectural Control Committee.

ARTICLE V.

USE RESTRICTIONS

Section 1. Residential Use. All units shall be used for single-family residential purposes exclusively. Except hereinafter provided, no structure or other improvement shall be erected, altered, placed, maintained or permitted to remain on any Unit other than one (1) detached single-family dwelling. No business or business activity shall be carried on or upon any Unit at any time except with the written approval of the' Architectural Control Committee from using any Unit owned by Declarant for the purpose of carrying on business related to the development and management of the Community.

MOK. 704 PE 213

Section 2. signs. No commercial signs, including "for rent" or *for sala signs or advertising posters of any kind shall be erected, placed or maintained on any Unit except as may be required by legal proceedings. Nothing herein shall be construed, however, to prevent Declarant from erecting, placing or maintaining upon any Unit, or permitting the

erection, placing or, maintaining upon any Unit by builders or residences, of such signs as Declarant may deem necessary or desirable during the period of the development, construction and sale of the Units and residences constructed thereon. Also, the provisions of this Section shall not apply to any mortgagee who becomes the Owner of any Unit as purchaser at a judicial or foteclosure sale conducted with respect to a first mortgage or deed to secure debt or as transferee pursuant to any proceeding in lieu thereof.

Section 3. Mail Boxes, Property Identification Markers and Decorative Hardware. The Architectural Control Committee shall have the right to approve the location, color, size, design, lettering and all other particulars of mail and newspaper boxes, it any, and or name signs on such boxes, as well as property identification markers and decorative hardware, whether attached to such mail-box, to any structure within the Unit or affixed or erected upon the grounds of the Unit.

neighboring Units, streets and property located adjacent to the Community. All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.

Section 5. Prohibited Structures. No mobile home, house trailer, factory or manufacturer assembled homes, modular homes, tent, shack, barn, or other outbuilding or structure (except accessory buildings otherwise permitted hereunder) shall be placed on any Unit at any time, either temporarily or permanently; provided, however, house trailers, temporary buildings and the like shall be permitted for construction purposes during the construction period of residences or as one or more real estate sales offices of Declarant for the sale of property.

Section 6.

common, household pets in reasonable number, provided that said pets are not kept, bred or maintained for any commercial purpose, are not permitted to roam free, and in the sole discretion of the Architectural Control Committee, do not endanger the health, make objectional noise or constitute a nuisance or inconvenience to the Owners of other Units or the

27M 70-1 PHE 214

adjacent to the Community. Owners of other Units or the owner of any property located at all times, whenever they are outside a dwelling, be confined Dogs which are household pets shall within a pen or on a leash. No structure for the care, housing, visible from neighboring property. or confinement of any pets shall be maintained so as to be

Section 7. Parking: Unless and except to the which exceeds the capacity of the garage, all such motor extent the occupants of a Unit have a number of motor vehicles vehicles shall be parked within said garage. Also, the exterior when a motor vehicle is entering or leaving the garage. doors of such garage shall be kept closed at all times, except any Unit for a period longer than five (5) days in a condition No automobile or motor driven vehicle may be left upon highways. such that it is incapable of being operated upon the public considered a nuisance and detrimental to the welfare of the After such five (5) day period, such vehicle shall be neighborhood and must be removed from the Community. Any towed any Unit, or temporarily kept thereon for periods longer than vehicle, boat, motor home or mobile home regularly stored upon must be removed from the Community. twenty-four (24) hours each, shall be considered a nuisance and does not apply to such boats or other vehicles, whether The foregoing, however, motor-driven or towed, as are stored wholly within a private garage or trailer storage areas, if any, designated by Declarant or the' Architectural Control Committee. may be parked, stored or temporarily kept within the Community, No commercial vehicles unless such vehicles are stored wholly within private garages, are within the Community temporarily to service existing Improvementa within the Community. improvements or are used in connection with the construction of

Section 8. Nuisance. It shall be the

responsibility of each Unit owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of buildings or grounds on his or her Unit or Units. No Unit shall be used, in whole or in part, for the storage of any property or thing that will cause such Unit to appear to be in an unclean or untidy condition or that will be obnoxious to the eye? nor shall any substance, thing; or material be kept upon any Unit that or other condition that will or might disturb the peace, quiet, will emit foul or obnoxious odors or that will cause any noise safety, comfort, or serenity of the occupants of surrounding roperty.. No noxious or offensive activity shall be carried or pon any Unit, nor shall anything be done thereon tending to person using any property adjacent to the Unit: cause embarrassment, discomfort, annoyance, or nuisance to any

There shall not

BARON 704 PEE 215

Section 3. Annual Assessments. The Association, by majority vote of the votes which the Class A members present, or represented by proxy, are entitled to cast at a meeting duly called for such purpose, and with the consent of the Class B member for so long as such membership shall exist, shall have che right, but is not required, to establish annual assessmente co carry out the purposes sat forth in Section 1 of Article VI herein.

Section 4. Uniform Rate of Assessment. Except as otherwise provided in Section 8 of this Article, all annual assessments must be fixed at a uniform rate for all Units and may be collected on a monthly basis or in such other reasonable Association. manner as may be determined by the Board of Directors of the

Section 5. Annual Assessmenta: Due Dates.

Association, as provided for in this Article VI, shall be The annual assessments, if any, payable to the established on a calendar year basis and shall commence as to each Unit as of thẹ first day of the month next following the month in which any one of the following shall first occur: (1) the lapse of one (1) year from the date such Unit 1s conveyed by. Declarant, or (11) a residence constructed on the Unit is first occupied, whichever occurs first. The date of the commencement of: the annual assessment as to a particular Unit, as determined aforesaid; is hereinafter sometimes referred to as "the

commencement dateại The first annual assessment payable to the Association shall be adjusted according to the number of months remaining in the calendar year as of the commencement date. Unless otherwise provided by the Board of Directors of the Association, such prorated assessment shall be paid in equal monthly installments commencing on the commencement date. The Association's Board of Directors shall fix the amount of the annual assessment payable to the Association against each Unit and send written notice of same to every Owner subject thereto in advance of each annual assessment period. Unless otherwise provided by the Association's Board of Directors, and subject to the foregoing provisions of this section, one-twelfth (1/12) of the annual assessment for each Unit shall become due and payable to the Association on the first day of each month during the assessment period and shall be paid to the Association when due without further notice from the Association; provided, however, that each Owner shall have the right to prepay any one or more of such installments on any date on which any installment shall become due and payable.

(b) The Association shall, upon demand at any time, turnish to any Owner liable for any such assessment a

certificate in writing signed by either the President or

Creasurer of the Association, or by the manager oi the

Association, if any, setting forth whether the same has beer

paid. A reasonable charge, as determined by the Association, certificate shall be conclusive evidence of payment of any may be made for the issuance of these certificates. Such assessment therein stated to have been paid.

annual assessments, Section 6. Special Assessments. In addition to any Article, the Association, through the same voting procedure foz authorized by Section 3 of this special assessments against Units to the extent regular annual annual assessments per Section 3 of this Article, may levy assessments, if any, are insufficient for the following purposes:

(a) Any of the purposes set forth in Section 1 of this Article, if no regular annual assessments are in affect; of the covenants and restrictions set forth in this Declaration, (b) To provide for the administration and enforcement costs of litigation, and including the payment of attorneys fees, court costs, and other property. (c) To resolve an emergency which threatens life or per Unit which shall be due from each Owner upon closing of the There shall be an initial special assessment of $25.00 purchase of each Owner's Unit from Declarant.

Remedies of the Association. Section 7. Effect of Non-Payment of Assessment: thereof, not paid when due shall be delinquent. If the same is Any assessment, or portion not paid within five (5) days after the date, then a late charge equal to ten (10%) percent of the amount thereof, or $5.00, Association. whichever is greater, shall also be due and payable to the Ii any assessment or portion thereof is delinquent within ten (10) days after written notice 1s given to the Unit for a period of more than five (5) days, then, if not paid Owner to make such payment, the entire unpaid balance of the Directors and be declared due and payable in full. assessment may be accelerated at the option of the Board of assessment or portion thereof not paid when due shail bear interest from the date of delinquency until paid at the maximum legal rate., The Board of Directors of the Association may which any assessment or portion thereof remains unpaid and may suspend the voting rights of the Unit Owner during the period in personally obligated to pay the same or foreclose its lien bring an action at law against the Unit Owner or owners against such Owner's Unit, in which event late charges, interest, costs and attorney's fees in an amount equal to the such assessment or portion thereof which is past due shall greater of $250.00 or fifteen (15%) percent of the amount of become due and payable to the Association, »All payments on account shall be applied first to costs of collection, then to

BOOK 704 PEGE 219

lien first due. then interest, and then to the assassment collection of such charges as a debt and to foreclose the aforesaid lien against his Unit in the same manner as other liens for the improvement of real property. for in this Article shall be in favor of the Association and The lien provided brought by the Association to enforce such lien against such shall be for the benefit of all Unit owners. Any legal action Unit shall be commenced within one (1) year from the time the assessment, or portion thereof; became due. such action within such time shall cause the lien to be Failure to bring than one (1) year past due, but shall not bar an action by the extinguished as to such assessment, or portion thereof, more in accordance with the provisions hereof. Association against, the Unit Owner (s) obligated to pay the same have the power to bid on the Unit at any judicial or foreclosure The Association shall sale and to acquire, hold, lease, encumber and convey the same.

Section 8. Priority of Lien. The lien of the and V shall be prior and superior to all other liens except only assessments and fees provided for in this Article and Article Iv on a Unit, if any, filed of record in the office of the clerk of (a) ad valorem taxes and (b) all sums unpaid on a first mortgage Superior Court of the County in which the Unit is located. The lien; provided, however, that the sale or transfer of any Unit sale or transfer of any Unit shall not affect the assessment sale or foreclosure thereof, or pursuant to any proceeding in which is subject to a first mortgage pursuant to the judicial assessments as to the payments thereof which become due prior to lleu of foreclosure, shall extinguish the lien of such such sale or transfer. No such sale or transfer shall relieve Association may at any time, either before or after a first due or the Unit from the lien thereof.. Provided, however, the. mortgage is placed on a Unit, waive, relinquish or quit-claim in ‹hole or In part the right of the Association to assessmente the period while such Unit 1s or may be held for liquidation by provided for herein with respect to such Unit coming due during the first mortgagee pursuant to such sale or transfer.

• Section 9. Exempt Property. Notwithstanding the Article, all Units made subject to this Declaration shall be commencement date otherwise established by Section/5 of this Declarant to another Unit Owner! exempt from the авве created herein until conveyed by Declarant shall Units made subject to this Declaration and not so conveyed by Provided, however, that all the beginning of the calendar year next following the calendar be and become subject to such assessments as of year in which the Class B membership of the Association shall

RUN 704 PSE 220

terminate and cease to exist. Thereupon, such assessments shall be imposed at such rates and on such terms and conditions as may then be applicable to all Units conveyed by the Declarant prior thereto.

Provided, further, nothwithstanding the foregoing, any Unit owned by Declarant and rented by Declarant shall become subject to said assessments (on a prorated basis if during a calendar year) as of the date the Unit is so rented. Every grantee of any interest in any property located in the

Community, by acceptance of a deed or other conveyance of such interest, agrees that any Units owned by Declarant shall be exempt from said assessments as herein set forth.

Section 10. Notice to Association. Each Unit Owner shall be obligated to furnish to the Association the name and address of the holder of any first mortgage encumbering such Owner's Unit.

Article VIII

General Provisions

Section 1. Easements for Architectural Control Committee. There is hereby created in favor of the

Architectural Control Committee, its members, agents, employees and any management company retained by the Architectural Control inspect and Committee, as easement to enter in or to cross over the Units to to perform the duties of maintenance and repair of the Units, as provided for herein.

Section 2. Easements for Declarant. Declarant hereby reserves for itself, its successors and assigns, agents, employees, contractors and sub-contractors, the following easements and rights-of-way in, on, over, under and through any part of the Community as well as in, on, over, under and through any part of the Additional Property for so long as Declarant owns any Unit primarily for the purpose of sale or so long as Declarant retains the right to submit the Additional Property to the provisions of this Declaration pursuant to Article II hereof, whichever is longer.

(a). For the erection, installation, construction and maintenance of wires, lines and conduits, and necessary or roper attachments in connection with the transmission oi electricity, gas, water, telephone, community antenna,

television cables and other utilities;

o For the construction of improvements on the Units!

For the installation, construction and

maintenance of storm-water drains, public and private sewers, and for any other public or quasi-public utility facility;

MON 704 ME 221

(d) For use as sales offices, model units and parking spaces in connection with its efforts to market Units; and

(e) For the maintenance of such other facilities and reasonably required, convenient or incidental to the complation, improvement and sale of Units.

Section 3. , Enforcement. The Architectural Control Committea, the Association, or any Owner, including Declarant, shall have the right to enforce, by any proceeding at. law or in equity, all restrictions, conditions, convenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter

Section 4. Duration. The provisions of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. however, so long as Georgia law limits the period run, any provisions of this Declaration affected thereby shall. run and bind the land so long as permitted by such law and such provisions may be renewed or extended in whole or in part beyond the initial period permitted by such law for successive periods not to exceed the period permitted by such law provided such renewal or extension is approved by at least eighty percent (80%) of the Unit Owners. Every purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance or a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.

Section 5. Rights of Mortgages. In addition to the rights elsewhere provided, each mortgagee of a Unit, or

purchaser or insurer of a mortgage on any Unit subject to this Declaration, including Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Veterans

Administration and the Federal Housing Administration shall (a) be entitled to written notice from the Association of any default by an Owner in the performance of his obligations under the Declaration which is not cured within 30 days; (b) be entitled to attend and observe all meetings of Owners, but not meetings of the Association's Board of Directors. (c)

furnished copies of annual financial reports made to the Owners! (d) be entitled to inspect current copies of the Declaration, Articles of Incorporation, By-Laws, Rules and Regulations, books, records and financial statements of the Association during normal business hours; (e) be entitled to written notice from the Association of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (f) be entitled to written notice from the

Association material portion of the Community, of any condemnation or casualty loss that affects a mortgage;: and (g) be entitled to timely written notice of any or the Unit securing its proposed action which would require the consent of a specified percentage of mortgagees; provided, however, that such mortgagee the Association a written request that such notices be sent to a or purchaser or insurer of such mortgage shall first file with. named agent or representative of the mortgagee at an address stated in such notice.

Section 6. Amendment. This Declaration may be Declarant (1) if such amendment 1s necessary to bring any amended unilaterally at any time and from time to time by provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial such amendment is necessary to enable any reputable title determination which shall be in conflict therewith, (1i) if insurance company to issue title insurance coverage with respect to the Units subject to this Declaration, (111) it such or purchaser of mortgage loans, including, for example, the amendment, is required by an institutional or governmental lender Mortgage Corporation, to enable such lender or purchaser to make Federal National Mortgage Association or Federal Home Loan Declaration, or (iv) if such amendment is necessary to enable or purchase mortgage loans' on the Units subject to this to insure mortgage loans on the Units subject to this any governmental agency or reputable private insurance company Declaration, provided any such amendment shall not adversely affect the title to any Owner's Unit unless any such Unit owner shall consent thereto in writing.

shall be adopted as follows: All amendments othr than those specified hereinabove Owners shall be necessary to amend this Declaration. (1) At least sixty-seven (67%) percent of the Unit Notwithstanding anything to the contrary herein, it is expressly. provided that any amendment which adversely affects the title to any Unit must be approved by the Owner of such Unit in writing. the Unit Owners or Declarant. (1i}. The proposed amendment may be proposed by either

The Declarant, or the Association least twenty-five (25%) percent of the Unit owners. 1l 4 required to call such a meeting upon a petition signed by at amendment, the time within which and the manner by which notice meeting of the Unit Owners is called to consider such an of such meeting shall be given, the authorized use of proxies, ind the quorum required for the transaction of business at such Association. meeting shall correspond to the requirements for meetings of the

PARK: 704 PAGE 223

(111) The consent of the Unit Owners required to approve said amendments shall be obtained by affirmative vote, written consent, or a combination thereof. A meeting oi the Unit owners shall not be required in the event that the requisite approval of the Unit owners is obtained by written consent.

The required consent of Declarant shall be in writing, No amendment to the provisions of this Declaration shall alter; modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder or any mortgage affecting any Unit unless such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected thereby shall be filed with such amendment. Every purchaser of grantee of any interest in any real property now or hereafter subject to this Declaration, by. acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filed with the Clerk of the Superior Court in said County.

Section 7. Interpretation. In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or

construction which will best effect the intent of the general lan or development. The provisions hereof shall be liberally interpreted and, if necesary, they shall be во extended or enlarged by implication as to make them fully effective.

Section 8. Gender and Grammar. The singular whenever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall include the neuter and feminine.

Section 9. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.

Section 10. Captions. The captions of each Article ind Section hereof as to the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular Article or section to which they refer.

80Ж 704 PE 224

IN WITNESS WHERDOP, the undersigned, being the

Declarant herein, has executed this instrument under the seal this 23rd day of December • • 1986.

JENNINGS MILL, LTD. A Georgia Limited Partnership, BY: SOUTHERN GUARANTY INVESTHENT.1 03 OMPANY, Geperal Partner! Signed, sealed and delivered TVES in the presence of the

undersigned on this 23rd By: _

day of December, 1986.

Title: Mes

NOTAS

PUBLIS

STA

MAN 704 PE 225ł

Exhibit *A"

Parcel: One

All that tract or parcel of land lying and being in the 1331

County, Georgia Records

Parcel Two

All that tract or parcel of land lying and being in the 1331st

Oconee County, Georgia, more particularly described as acres) as shown on plat of survey entitled: Section one, Mcleroy and Associates, dated September 23, Jennings Mill, as shown on plat of survey prepared by Ben Plat Book 13, Page 65, Oconee County, Georgia Records. 1986 and recorded in Less and Except that portion of the real property developed as a the Jennings Mill Club property. golf course and any improvements located thereon to be a part of

ARON 704 PAGE 226

Exhibit B

Parcel One

All that tract or parcel of land lying and being in the 1331st .M.D., Oconee County, on the Jennings Mill Road, county paved road, containing 236.79 acres, more or less, and bounded ag follows: On the North and northeast by the centerline of McNutt Creek, on the northeast by property of YWCA, on the southeast by Jennings Mill Road, on the south by other property of McGowan & Poss, on the west by other property of McGowan & Wyatt Posey, and having such shape, metes, courses and distances as will more Inc.." by James M. Paul, Surveyor, dated October 4, 1972 and appear on a plat entitled "Survey For Crystal Creek recorded in Plat Book 4, Page 72, said. Clerk's Office, which said plat and the record thereof are particularly and

specifically made a part hereof by reference thereto.

Parcel Two

All that tract or parcel of land lying and being in the 1331st G.M.D., Oconee County, Georgia on the Jimmy Daniel Road, county paved road, containing 107.82 acres, more or less, and having quch shape, metes, courses and distances as will more ful-, by appear on a plat entitled "Survey for Crystal Creek, Inc., James M. Paul, Surveyor, dated October 4, 1972 and recorded in Plat Book 4, Page 72, in the office of the Clerk, Superior Court, Oconee County, Georgia. The herein conveyed being delineated on said plat as Tract 2, which plat and the record thereof are particularly and specifically made a part hereof by referene thereto.

LESS AND. EXCEPTING: All that tract or parcel of land containing 11.395 acres, more or less, as conveyed from Jennings Mill Associates, a General Partnership to the Department of

Transportation by Right of Way Deed dated December ll, 1985 and recorded in Deed Book 65, Page 859, in the Office of the Clerk of Superior Court, Oconee County.

Parcel Three

All that tract or parcel of land containing 100 acres, more or less, lying and being in the 241st G.M.D., Clarke County, Georgia, and being more particularly shown on a plat by landmark Engineering Corporation dated July 22, 1982 entitled "Survey for Jennings Mill Associatesại said plat being recorded in Plat boox 19, Page 121, Office of the Clerk of Superior Court, Clarke County, Georgia, to which reference is hereby given for a more detailed desoription of said property.

NOCK 704 PE 22ł

Parcol Four

All that tract or parcel of land lying and being in the 24ist ".H.D., Clarke County, Georgia, containing 8.23 acres, more or less, and being bound now or formerly as follows; On the

Northeast by property of Bryant and Galis; on the East by 300 foot right-of-way of Athens South By-Pass; on the Southeast by property or Stonej and on the West by Mchutts Creek, centerline peing property line, and by property of Jennings Mill Associates Said tract of land being more particularly described according to a plat or survey prepared by Cielland A. Tyson, Registered Plat Book 21,

Superior Court, Clarke

Parcel Five

All those tracts or parcels of land lying and being in the designated a Tact 1 a sea Tract 302 acres, and Tract 5 - 1.214 acres, according to that certain plat of survey entitled "Survey for Jennings Mill, O.s. McGowan, Jr., and Ronnie and Debra Self" prepared by Ben Mcleroy & Associates, Inc. dated December 16, 1986, and recorded in Plat Book

Page untin the office of the Clerk of the Superior Court i Oconee County, Georgia, to which plat reference is hereby nade for a more complete description of the property hereir described.

Parcel Six

All that tract or parcel of land lying and being in the 1331st G.M.D:, Oconee County, Georgia, on the southwesterly side of

recorded in Plat Book 13, Page 29, in the office of the Clerk of the Superior Court of Oconee County, Georgia, reference being made to said plat for a more particular description of the property herein described.

LESS AND EXCEPT:

Less and except that portion of the real property developed as a golf course and any improvements located thereon to be a part of the Jennings Mill Country Club property.

THAN 704 PE 228

LESS AND EXCEPT:

All that tract or parcel of land lying and being in the 1331 Jennings Mill, prepared by Beall Gonnsen and Company, dated October 7, 1986 and recorded in Plat Book 13, Page 64, Oconee County, Georgia Records

LESS AND EXCEPT:

All that tract or parcel of land lying and being in the 1331st acres) as shown on plat of survey entitled: Section one, inclusive, (14.334 acres) and lots $44 - 61, inclusive, (12,028 HoLeroy and Associates, dated September 23, 1986 and recorded in Jennings Mill, as shown on plat of survey prepared by Ben Plat Book 13, Page 65, Oconse County, Georgia Records,

THON 704 PSE 229