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Lake Forest Cove DECLARATION OF COVENANTS, CONDITIONS AND .RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by ABERDEEN BUILDING SERVICES, INC., hereinafter referred to as "Declarant". WITNE S SETH: WHEREAS, Declarant is the owner of certain real property in PeaChtree City, Fayette County, State of Georgia, which is more particularly described as follows: Ail that tract or parcel of land lying and being in Land Lots 51, 96 and 97 of the Sixth ano Seventh Districts of Fayette County, Georgia, and being designated as Lots 1-32, Lake Forest Cove, as shown on that Plat of survey , prepared on July 2, 1979 by J.R. Wood, Registered Land Surveyor #2048, said Plat recorded July 20, 1979, in Plat Book 11, Pages 172 and 173, Fayette County Records, which Plat is hereby referred to and made a part of this description. WHEREAS, Lake Forest Cove is intended as a place of residence for adults who desire to live in an area undisturbed by Children; and WHEREAS, the dwelling plans and lot size afforded in Lake Forest Cove are specifically designed to provide the space and features required by adult residents; and WHEREAS, the housing interests and needs of older adults differ from families with children; and WHEREAS, it appears that there is no shortage of housing in the Peachtree City area for families with children: NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold, and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property, and be binding on all parties having any right, title, or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner thereof. Page 1 210 AGE RESTRICTION Residence or occupancy of any lot in Lake Forest Cove is restricted to adults Eighteen (18) years or older, it being in- tended that Lake Forest ·Cove be established as an Adult Co,~,munity to fulfill the legitimate needs of purchasers, who seek to reside in a co~unity free from the noise and distraction of neighborhood children, 2. TERM The Covenants and Restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date that this Declaration is recorded after which time they shall be automatically extended for successive periods of Ten (10) years, 3. AMENDMENT This Declaration may be amended during the first Twenty (20) years by an instrument signed by not less than Ninety (90%) per cent of the lot owners, and thereafter by an instrument signed by not less than Seventy-Five (75%) per cent of the lot owners. Any ameniment must be recorded. 4. · ENFORCEMENT In the event of any violation or threatened violation of any of the covenants herein, the Declarant or any owner of any lot in Lake Forest Cove, may brir, g actions at law or in equity, either for injunction, action for damages or such other remedy as may be available. In the event the Complaintant recovers judgment against any person or entity for a violation of the covenants herein, the Complaintant shall also be entitled to recover from such person or entity reasonable attorney's fees. DECLARANT'S DISCLAIMER ABERDEEN BUILDING SERVICES, INC. shall not be liable to any person whomsoever for any violations of these restrictions and ABERDEEN BUILDING SERVICES, INC. ~oes not warrant to subsequents grantees or any present or future lot owner that these restrictions will be enforced with regard to any lots in Lake Forest Cove. ABERDEEN BUILDING SERVICES, INC. specifically disavows any obll- gation, implied or otherwise, to maintain these restrictions; HOWEVER, this shall not preclude or prevent any property owner from enforcing these restrictions when applicable against any other property owner. IN WITNESS WHEREOF, the Declarant affixes its hand and seal this ~~-C~'' day of~L~~.5 , 1979. Signed, sealed and delivered in the presence of: Unofficial ' Witne's s~'~~''' J' GEORGIA, Favette County · .. ~.~ o..~,~,0- .,_,0111"~. Filed for rccc.., Cie?k ABERDEEN BUILDING SERVICES, INC. : R~kow, 'Pres ident ATTEST: ~z~~~~ Secretary (Corp. Seal) Page 3