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Sagamore (B)STATE OF GEORGIA COUNTY OF FAYETTE After Recording, Return To: ~.A. BALLA2D, CLERK MODIFICATION OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR SAGAMORE SUBDIVISION This Modification of Declaration of Covenants and Restrictions for Sagamore Subdivision is made and entered into this ~5"~-~, day of January, 1995 by Peachtree City Holdings L.L.C., a Georgia limited liability company (hereinafter called "Declarant"), and JERRY BALLARD HOMES, INC., RAVIN HOMES, INC. AND RAY M. WRIGHT, INC. (hereinafter called "Builders"). RECITALS A. Effective as of December 13, 1994, The Equitable Life Assurance Society of the United States ("Equitable") caused certain real property located in Fayette County, Georgia to be subjected to certain covenants and restrictions, all as set forth in that certain Declaration..of Covenants and Restrictions for Sagamore Subdivision recorded in Deed Book~956 at Pages 794 through 798, Fayette County, Georgia Records (herein the "Declaration") B. Effective as of December 30, 1994, Equitable conveyed to Declarant all of its rights, title and interest in the Declaration and in the real property subjected thereto. C. Declarant and Builders desire to modify the Declaration to change the square footage requirements of the houses to be constructed on such real property as set forth in Paragraph 6 of the Declaration. NOW THEREFORE, for and in consideration of the premises and for other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. Paragraph 6 of the Declaration is hereby, deleted in its entirely and in lieu thereof is inserted the following: "6. SQUARE FOOTAGE. No house shall be constructed on any Lot having an enclosed heated area, exclusive of the garages, porches and basements of less than 1,400 square feet, nor more than 2,100 square feet." 2. Except as modified hereby, the terms and provisions of the Declaration shall remain unchanged and in full force and effect and as hereby modified are ratified and confirmed. ~OOJ( ~J"~ {)PAGE .[ 9 IN WITNESS WHEREOF, the parties hereto have executed this document under seal as of the date and year above written. DECLARANT: Signed, sealed and delivered in the presence of: Unofficial Witness ' ;""OT,~ ~I'.L~._rY' Public . ,,-,:.~, , ) · "Signed, sealed and delivered in the presence of: ,U, no,~. iai Witnes~ .f ~..?..-" 'l~J-ot ~,~"P. ubtic ~ '- .~ %~. 'J ! 411~1~11 ~ubli~ Faye~o C.:'uc. tf. Georgia ~ .~ .. ;"~,~l~C~lll~..I,si°~'1 Expire, Augu,t -~5, 1995 "~' ~P ~~ealed and delivered ""-"i~.the--~resence of: Unofficial Witness .:¢,..~:.-'" N~ _'_~.;?ublic L ~. y B~ ~ aed and delivered Y' '.-ff-L.. in ~fesence of' ....... ~ ,~,~ ~ ,,,,,' ....... Unofficial Witness % ~;~ .......... ;;~,,.., ~,,,- ~ ~., ,,' Peachtree City Holdings L.L.C., a Georgia limited liability company (Seal) Title: Manager BUILDERS: JERRY BALLARD HOMES, INC. r: /2 .~'//..' ~:.T.z ;;-'" By: ~gu~¢ Name: Title: ~/~r_. V'P' ' '.:,'~':":" (COrPOrATE SEAL)'~'"~i ...... ~,.,, ...... RAVIN litle: ~, .. ,, .? (CORPORATE ~AL]~%':;~,;, '.. RAY M. WRIGHT, ~ . ,.,,..-' · % %.' ~X~...'.?/