Fite in 12872006 9:68:00 AM Office Clerk of Superior Court Cherokee Set Cheroken County, GA Deed BK 973 Faye 8, “Rs Recong earn Te Gna ete ‘Te Looer Law Fm LLC end Bok 3299, 2030 Maro Drie, Site 200, ‘Alpe Ges 0005 STATE OF GEORGIA. COUNTY OF CHEROKEE AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR FOX CREEK ‘This Amendment to the Amended and Restated Declaration of Covenants, Conditions, Restrictions, and Easements for Fox Creek (hereafier referred to as “Amendment”) is made on the date first set below. WITNESSETH: WHEREAS, McBride & Son Homes Atianta, LLC, a Missouri limited liability company (hereafter, referred to as the “Declarant”), recorded that certain Declaration of Covenants, Conditions, Restrictions, and Easements for Fox Creek on October 10, 2002, in Deed Book 5581, Page 240 of the Cherokee ‘County, Georgia land records; WHEREAS, Declarant recorded that certain Amended and Restated Declaration of Covenants, Conditions, Restrictions, and Easements for Fox Creek on October 21, 2005 in Deed Book 8299, Page | of the Cherokee County, Georgia land records (hereafter referred to as the "Declaration"); WHEREAS, pursuant to Article XVII of the Declaration, Declarant shall have the unilateral right to ‘amend the Declaration from time to time without the approval of the Association until the date on which one hundred percent (100%) of the Lots shown on the final recorded plat or plats for the Community have been conveyed from Declarant to any other Person for residential use; WHEREAS, as of the date of this Amendment, Declarant retains the unilateral right to amend the Declaration; WHEREAS, Declarant desires to amend the Declaration; andNOW, THEREFORE, the Declaration is hereby amended as follows: 1 ‘The Declaration is hereby amended by striking Article VII, Section 7.1(b) init entirety and is hereby further amended by adding the following subsection (i) to Article VII, Section 7.2: 7.3) Each owner shall maintain a termite bond on the Owner’s Townhouse and shall take all steps necessary to prevent, and treat for, termites. IN WITNESS WHEREOE, the undersigned has executed this Amendment this__ day of A 2006. DECLARANT: McBRIDE & SON HOMES ATLANTA, LLC Swom to and subscribed before me this 7 day of. Max 2004 Notary Public “aww ge.