HUNTERS CROSSING

ADDITION OF PROPERTY TO ORIGINAL DECLARATION

WHEREAS, by declaration dated February 3, 1982 and recorded in official Record Book 1018, Page 1177, Public Records of Leon County, Florida, Robert E. Carter, Referred to therein and herein as the “Declarant”, imposed certain covenants, conditions and restrictions on the land known as “Hunters Crossing” ( an unrecorded subdivision, which is described in such instrument, hereinafter to as “Declaration”; and

WHEREAS, said Declaration provides in Article VII, Section 4 that Declarant may annex adjoining property and make it subject to the provisions of the Declaration; and

WHEREAS, Declarant is developing and offering for sale adjoining land known as “Hunters Crossing Phase Two” and desires to bring it under the provisions of the Declaration with certain modifications thereto;

NOW, THEREFORE, In consideration of the premises the Declarant hereby declares that the property described in Exhibit “A” attached to hereto shall be held, sold and conveyed subject to the easements, restrictions, covenants, and conditions of that Declaration recorded in Official Records Book 1018, Page 1177, Public Records of Leon County, Florida, with the following modifications, amendments, or additions to said Declarations:

1. Declarant shall convey the common area of Phase Two to the Association within thirty (30) days of acceptance of the sewer and drainage improvements by the city of Tallahassee. Declarant shall continue to be responsible for maintenance of common area, including the streets and roadways, for one (1) year from such conveyance, but shall be entitled to and shall receive from the Association all assessments collected in Phase Two within fifteen (15) days of their collection during such time period.

2. A new Section 14 shall be added to Article II to read as follows: Section 14. Sattelite Disks/TV Antennas. No satellite disks or outside TV antennas shall be allowed except as may be approved by the Architectural Committee.

3. Notwithstanding the provisions of Article IV, there shall not be two classes of membership ( which has expired as to Phase One ) and the Declarant and his successors in title shall have one vote for each lot owned in Phase Two. Notwithstanding the provisions of paragraph 4 hereto, (relating to delay in assessments against lots owned by the Declarant), the Declarant shall be a member of the Association and shall have a vote for each lot owned by him upon recordation of this instrument.

4. Notwithstanding the provisions of Article V, lots owned by the Declarant shall not be subject to assessment until sold to a third party, until a building permit is issued to Declarant on any such lot or until the expiration of five (5) years from the date hereto, whichever occurs first. Assessments on lots sold by the Declarant or upon which he receives a building permit shall commence on the following month and shall be protected for the remainder of that year.

5. Until more than fifty (50) percent of the lots in Phase Two are sold, there shall be a separate Architectural Control Committee for Phase Two composed of three members of all of which shall be appointed by the Declarant. The other provisions of Article V of the Declaration shall otherwise apply.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand and seal this 15th day of May, 1990.

WITNESSES: DECLARANT

__________________________ ____________________________

ROBERT E. CARTER

__________________________

STATE OF FLORIDA

COUNTY OF LEON

This forgoing instrument was acknowledged before me this 15th day of May 1990, by Robert E. Carter.

Notary Public

(THIS IS A COPY OF THE ORIGINAL)

HUNTERS CROSSING
ADDITION OF PROPERTY TO ORIGINAL DECLARATION

WHEREAS, by declaration dated February 3, 1982 and recorded in official Record Book 1018, Page 1177, Public Records of Leon County, Florida, Robert E. Carter, Referred to therein and herein as the “Declarant”, imposed certain covenants, conditions and restrictions on the land known as “Hunters Crossing” ( an unrecorded subdivision, which is described in such instrument, hereinafter to as “Declaration”; and

WHEREAS, said Declaration provides in Article VII, Section 4 that Declarant may annex adjoining property and make it subject to the provisions of the Declaration; and

WHEREAS, by instrument recorded in Official Book 144, Page 1406, Public Records of Leon County, Florida, an addition was made of an area known as “Hunters Crossing Phase Two” along with certain amendments and modifications to such covenants; and

WHEREAS, Declarant is developing and offering for sale adjoining land known as “Hunters Crossing Phase Three” and desires to bring it under the provisions of the Declaration, as amended, with certain modifications thereto;

NOW, THEREFORE, in consideration of the premises the Declarant hereby declares that the property described in Exhibit “A” attached hereto shall be held, sold, and conveyed subject to the easements, restrictions, covenants, and conditions of that Declaration recorded in Official Records Book 1018, Page 117, Public Records of Leon County, Florida, as amended by the Additional Declaration record in Official Records Book 1444, Page 1406, Public Records of Leon County, Florida, with the following further modifications, amendments, and additions to said Declaration:

1. Declarant shall convey the common area of Phase Three to the Association within thirty (30) days of acceptance of the sewer and drainage improvements by the city of Tallahassee. Declarant shall continue to be responsible for maintenance of common area, including the streets and roadways, for one (1) year from such conveyance, but shall be entitled to and shall receive from the Association all assessments collected in Phase Three within fifteen (15) days of their collection during such time period.

2. The following new language has been added to Article VI:

It is the intent of these convenants that all buildings shall be of predominantly brick construction or a combination of brick, stucco, or stone. Windows shall be wood or wood clad. Aluminum windows may be used with the approval of the Architectural Committee but no mill aluminum shall be allowed. All chimneys shall have an all masonry surround which matches the building masonry. all chimneys shall have a termination cap equal to the Majestic 177 200. Exposed masonry flashing caps must be painted to blend with the chimney or Termination cap. Appropriate natural areas may be incorporated with landscaping with the approval of the Architectural Control Committee. All driveways shall be of exposed rock aggregate. All mailboxes shall be of brick construction. Each dwelling shall have a two car garage. All exterior color schemes including roof, masonry, windows, and other painted areas shall be subject to approval of the Architectural Control Committee.

3. Notwithstanding the provisions of Article LV, there shall not be two classes of membership ( which has expired as to Phase One ) and the Declarant and his successors in title shall have one vote for each lot owned in Phase Three. Notwithstanding the provisions of paragraph 4 hereto, (relating to delay in assessments against lots owned by the Declarant), the Declarant shall be a member of the Association and shall have a vote for each lot owned by him upon recordation of this instrument.

4. Notwithstanding the provisions of Article V, lots owned by the Declarant shall not be subject to assessment until sold to a third party, until a building permit is issued to Declarant on any such lot or until the expiration of 5 years from the date hereof, whichever occurs first. Assessments on lots sold by the Declarant or upon which he receives a building permit shall commence on the first of the following month and shall be prorated for the remainder of that year.

5 Until more than fifty (50) percent of the lots in Phase Three are sold, there shall be a separate Architectural Control Committee for Phase Two composed of three members of all of which shall be appointed by the Declarant. The other provisions of Article V of the Declaration shall otherwise apply.

WITNESSES: DECLARANT

____________________________
ROBERT E. CARTER

____________________________
W. TAYLOR MOORE

STATE OF FLORIDA
COUNTY OF LEON

The following instrument was acknowledged before me this 25 day of July, 1993, by Robert E. Carter, who is personally known to me or who presented a driver’s license as identification.

____________________________

Notary Public