Covenants

Book 389 Page 320

part of the Properties, but excluding those having such interest merely as security for the performance of an obligation.

Section 3. "Properties" shall mean and refer to that certain real property hereinabove described, the property described in the original Declaration recorded in Book 386, Page 449, Chatham County Registry, and such additions thereto as may hereafter be brought within the jurisdiction of the Association or this Declaration.

Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association on or before the time Declarant has sold all of the lots in Polks Landing, but in any event no later than December 1, 1979, is described as follows:

A. The Common Area described in the original Declaration recorded in Book 386, Page 449, Chatham County Registry.

B. Lots 81 end 82 as shown on Plat of Polks Landing, Phase II, prepared by Robert J. Ayers, Surveyor, dated June, 1975, and recorded in Plat Book 17 , Page 97 , Chatham County Registry.

C. Lot 70 as shown on Plat of Polks Landing, Phase II, prepared by Robert J. Ayers Surveyor, dated June, 1975, and recorded in Plat Book 17 Page 97 , Chatham County Registry (the greater part of this property is described as Tract 2 in the original Declaration).

Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

Section 6. "Declarant" shall mean and refer to Fitch Creations its successors and assigns.

ARTICLE II

PROPERTY RIGHTS

Section 1. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility;

(b) The right of the Association to suspend the voting rights and right to the use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; end for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;

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