STATE OF GEORGIA
<br />
<br />COUNTY OF FAYETTE
<br />
<br /> After Recording, Return To:
<br />~.A. BALLA2D, CLERK
<br />
<br />MODIFICATION OF DECLARATION OF COVENANTS AND RESTRICTIONS
<br /> FOR SAGAMORE SUBDIVISION
<br />
<br /> This Modification of Declaration of Covenants and Restrictions for Sagamore
<br />Subdivision is made and entered into this ~5"~-~, day of January, 1995 by Peachtree
<br />City Holdings L.L.C., a Georgia limited liability company (hereinafter called "Declarant"),
<br />and JERRY BALLARD HOMES, INC., RAVIN HOMES, INC. AND RAY M. WRIGHT,
<br />INC. (hereinafter called "Builders").
<br />
<br />RECITALS
<br />
<br /> A. Effective as of December 13, 1994, The Equitable Life Assurance Society
<br />of the United States ("Equitable") caused certain real property located in Fayette
<br />County, Georgia to be subjected to certain covenants and restrictions, all as set forth
<br />in that certain Declaration..of Covenants and Restrictions for Sagamore Subdivision
<br />recorded in Deed Book~956 at Pages 794 through 798, Fayette County, Georgia
<br />Records (herein the "Declaration")
<br />
<br /> B. Effective as of December 30, 1994, Equitable conveyed to Declarant all
<br />of its rights, title and interest in the Declaration and in the real property subjected
<br />thereto.
<br />
<br /> C. Declarant and Builders desire to modify the Declaration to change the
<br />square footage requirements of the houses to be constructed on such real property as
<br />set forth in Paragraph 6 of the Declaration.
<br />
<br /> NOW THEREFORE, for and in consideration of the premises and for other good
<br />and valuable considerations, the receipt and sufficiency of which is hereby
<br />acknowledged, the parties hereto hereby agree as follows:
<br />
<br /> 1. Paragraph 6 of the Declaration is hereby, deleted in its entirely and in lieu
<br />thereof is inserted the following:
<br />
<br />"6. SQUARE FOOTAGE. No house shall be constructed
<br />on any Lot having an enclosed heated area, exclusive of the
<br />garages, porches and basements of less than 1,400 square
<br />feet, nor more than 2,100 square feet."
<br />
<br /> 2. Except as modified hereby, the terms and provisions of the Declaration
<br />shall remain unchanged and in full force and effect and as hereby modified are ratified
<br />and confirmed. ~OOJ( ~J"~ {)PAGE .[ 9
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