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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 <br /> <br /> <br />