AMENDED, RESTATED AND SUCCESSOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTCHESTER SUBDIVISION AND WESTCHESTER COVE.

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1 Please return this instrument to: Cathleen R. Smith, Esq. Reference: Deed Book 2429, Page 475; Deed Book Weinstock & Scavo, P.C. 2616, Page 151; Deed Book 2996, Page 71; Deed 3405 Piedmont Road, N.E. Book 3043, Page 417; Deed Book 3229, Page 117; Suite 300 Deed Book 3359, Page 274, Cobb County, Atlanta, Georgia Georgia Records AMENDED, RESTATED AND SUCCESSOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTCHESTER SUBDIVISION AND WESTCHESTER COVE. This Amended, Restated and Successor Declaration for Westchester Subdivision and Westchester Cove is made this day of, 2001, by agreement of the Owners within the Westchester Subdivision and of the Owners within Westchester Cove as set forth below. W I T N E S S E T H: WHEREAS, on or about October 22, 1981, John Weiland Homes, Inc. (hereinafter the "Developer") caused that certain Declaration of Protective Covenants affecting Heatherstone, Phase One, to be recorded at Deed Book 2429, Page 475, et seq., Cobb County, Georgia records ("Phase 1 Declaration"); and WHEREAS, on or about November 1, 1982, Developer caused that certain Declaration of Protective Covenants affecting Phase Two to be recorded at Deed Book 2616, Page 151, et seq., aforesaid records ("Phase 2 Declaration"); and WHEREAS, on or about January 16, 1984, Developer caused that certain Declaration of Protective Covenants affecting Phase 3 to be recorded at Deed Book 2996, Page 71, et seq., aforesaid records ("Phase 3 Declaration'); and WHEREAS, on or about March 8, 1984, Developer and Foster V. Yancy, Inc. caused that certain Declaration of Protective Covenants affecting Westchester Cove to be recorded at Deed Book 3043, Page 417, et seq., aforesaid records ("Westchester Cove Declaration"); and WHEREAS, on or about August 22, 1984, Developer caused that certain Declaration of Protective Covenants affecting Phase 4 to be recorded at Deed Book 3229, Page 117, et seq., aforesaid records ("Phase 4 Declaration"); and WHEREAS, on or about December 28, 1984, developer caused that certain Declaration of Protective Covenants affecting Phase Five to be recorded at Deed Book 3359, Page 274, et seq., aforesaid records ("Phase 5 Declaration"); and

2 WHEREAS, on or about August 28, 1985, Developer caused that certain Declaration of Protective Covenants affecting Phase 6 to be recorded at Deed Book 3622, Page 318, et seq., aforesaid records ("Phase 6 Declaration"); and WHEREAS, on or about January 24, 1986, Developer caused that certain Declaration of Protective Covenants affecting Phase 7-Unit I to be recorded at Deed Book 4040, Page 154, et seq., aforesaid records ("Phase 7-Unit I Declaration"); and WHEREAS, on or about February 27, 1987, Developer caused that certain Declaration of Protective Covenants affecting Unit 7-Phase B to be recorded at Deed Book 4354, Page 14, et seq., aforesaid records ("Unit 7- Phase B Declaration"); and WHEREAS, on or about October 2, 1987, Developer caused that certain Declaration of Protective Covenants affecting Unit 8 to be recorded at Deed Book 4662, Page 530, et seq., aforesaid records ("Unit 8 Declaration"); and WHEREAS, on or about April 6, 1988, Developer caused that certain Declaration of Protective Covenants affecting Phase 9A to be recorded at Deed Book 4868, Page 482, et seq., aforesaid records ("Phase 9A Declaration"); and WHEREAS, on or about October 27, 1988, Developer caused that certain Declaration of Protective Covenants affecting Phase 9B to be recorded at Deed Book 5125, Page 259, et seq., aforesaid records ("Phase 9B Declaration"); and WHEREAS, the Phase 1 Declaration, the Phase 2 Declaration, the Phase 3 Declaration, the Phase 4 Declaration, the Phase 5 Declaration and the Westchester Cove Declaration will naturally expire in accordance with their respective terms unless the Owners of the lots within such sections consent to the terms and conditions of this Amendment and thereby subject their lot to such terms and conditions; and WHEREAS, the Owners of lots located within Phases 1, 2, 3, 4 and 5 of Westchester Subdivision and the Owners of lots located within Westchester Cove have the right, now or at any time in the future, to consent to the terms and conditions of this Amendment and thereby subject their lot to such terms and conditions; and WHEREAS, the consents of such Owners are attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, the Phase 6 Declaration, the Phase 7-Unit I Declaration, the Unit 7-Phase B Declaration, the Unit 8 Declaration, the Phase 9A Declaration and the Phase 9B Declaration each may be amended by the affirmative vote or written consent or any combination thereof of at least a majority of the Owners of lots subject to the respective Declaration as set forth within such respective Declaration; and WHEREAS, it is in the best interest of the Association and the Owners, and the Association and the Owners desire, to amend and restate the above referenced Declarations as set forth herein; and WHEREAS, this Amendment has been approved by the affirmative vote or written consent or any combination thereof of at least a majority of the Owners of lots subject to the respective Declarations for Phase 6, Phase 7-Unit I, Unite 7-Phase B, Phase 8, Phase 9A and Phase 9B; NOW, THEREFORE, the Phase 6 Declaration, the Phase 7-Unit I Declaration, the Unit 7-Phase B Declaration, the Phase 8 Declaration, the Phase 9A Declaration and the Phase 9B Declaration are hereby amended by striking them in their entirety and substituting therefor the following; and In recognition of the foregoing, the attached Amended, Restated and Successor Declaration of Covenants, Conditions and Restrictions for Westchester Subdivision and Westchester Cove is hereby adopted. From and after the date hereof, such attached Amended, Restated and Successor Declaration of Covenants, Conditions and Restrictions for Westchester Subdivision and Westchester Cove may be published and delivered. 2

3 AMENDED, RESTATED AND SUCCESSOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTCHESTER SUBDIVISION AND WESTCHESTER COVE Cathleen R. Smith, Esq. WEINSTOCK & SCAVO, P.C Piedmont Road, N.E. Suite 300 Atlanta, Georgia 30305

4 TABLE OF CONTENTS DURATION ARCHITECTURAL CONTROL...2 PAINT COLORS LAND USE AND BUILDING TYPE...2 BLOCKS...3 SITE DISTANCE AT INTERSECTIONS...3 FENCES AND WALLS...3 MAINTENANCE OF LOTS...3 BUSINESS ACTIVITY...4 MAILBOXES...4 DRAINAGE GARDENS, BASKETBALL GOALS, ETC...4 CLOTHESLINES, GARBAGE CANS, WOODPILES, ETC...4 EASEMENTS...5 VEHICLES...5 GUNS...5 ANIMALS AND PETS...5 SIGNS...5 ANTENNAS...5 SOLAR DEVICES...5 TREE REMOVAL LIGHTING SEVERABILITY...5 CAPTIONS...6 IMPLEMENTATION...6 AMENDMENT...6 1

5 This Amended, Restated and Successor Declaration of Covenants, Conditions and Restrictions for Westchester Subdivision and Westchester Cove (hereinafter, the "Declaration") is made on the day and year set forth below. By virtue of the recording of this Declaration, the property described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter, the "Property") is hereby made subject to this Declaration. By virtue of the recording of this Declaration, the Property shall be owned, held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the provisions of this Declaration, and every grantee of any interest in said Property, by acceptance of a deed or other conveyance of such interest, whether or not such deed or other conveyance of such interest shall be signed by such person and whether or not such person shall otherwise consent in writing, shall own and take subject to the provisions of this Declaration and shall be deemed to have consented to the same. This Declaration shall apply to, govern, control and regulate the sale, resale or other disposition, acquisition, ownership, use and enjoyment of the Property and the improvements located thereon, and all of its provisions shall be and are covenants to run with the Property and shall be binding on the present owners of said Property and all of their successors and assigns and all subsequent owners of the Property and improvements located thereon, together with their grantees, successors, heirs, executors, administrators, devisees, and assigns. 1. Duration. The provisions of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. 2. Architectural Control. No exterior construction, change, alteration, addition or erection of any nature whatsoever (including, without limitation, fences, pools, tennis courts, exterior lighting, treehouses, and play equipment) shall be commenced or placed upon any part of the Community, except such as is originally installed by John Wieland Homes, Inc. or as is approved in accordance with this Section by the Board of Directors or its designated Architectural Control Committee (ACC). No exterior construction, change, addition, erection, or alteration shall be made unless and until the plans and specifications showing the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved by the ACC. Site plans will be required for all exterior alterations, unless specifically excluded herein, the rules and regulations or the architectural guidelines. The Association shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violations of these restrictions. In the event the Association fails to approve or to disapprove such design and location, change, alteration, addition or erection of any nature whatsoever within fifteen (15) days after the plans and specifications have been submitted to it, approval will not be required, and this Section will be deemed to have been fully complied with. Owners whose exterior structures are in existence upon the recording of this Declaration and are not in compliance with the provisions set forth herein will not be required to immediately replace such structure; provided, however, upon the replacement of said structure, the owner must comply with the provisions set forth herein. 3. Paint Colors. When repainting any portion of the exterior of the home, the choice of colors must be from colors used on original paint work in this subdivision or similar John Wieland Homes subdivisions in the same county. It is a violation of these covenants to introduce new colors on exterior surfaces unless approved in accordance with the guidelines set forth above in Section Land Use and Building Type. No lot shall be used except for single family residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 1/2 stories in height and a private garage for not more than three cars. No lot may be re-subdivided nor more than one dwelling may be placed on a lot. No schools, churches, kindergartens, temporary buildings, shacks, tents, utility buildings, mobile homes, modular homes, relocatable or relocated homes shall be placed or maintained on any lot in the subdivision. 2

6 5. Blocks. Whenever dwellings erected on any lots are constructed in whole or in part of concrete blocks, cinder blocks or any other fabricated masonry block units, such blocks shall be veneered with brick, natural stone, painted, stucco or other approved material over the entire surface exposed above finished grade. 6. Site Distance at Intersections. All lots at street intersections shall be so landscaped as to permit safe sight across the street corners. No fence, wall, sign, hedge or shrub planting shall be placed or permitted to remain at the corner of said lot that would create a traffic or sight problem. 7. Fences and Walls. Anyone desiring to erect a fence, wall or dog run must have prior approval in accordance with Section 2. All fences must be natural wood or stained wood color. Cross beams must be located on the interior of the fence. Any fence that is parallel to any street must be constructed of natural wood, with no wire or metal backing. If other fencing exists on a lot (i.e., dog run), such fencing must be of the same type or be behind the rear sidelines of the dwelling and not visible from adjacent lots. In no case will the following be approved: (a) any metal fence, including "cyclone", "chain link", "chicken wire" or "hog wire". Owners whose fences are in existence upon the recording of this Declaration and are not in compliance with the provisions set forth herein will not be required to immediately replace such structure; provided, however, upon the replacement of said structure, the owner must comply with the provisions set forth herein. dwelling; or said lot. (b) (c) (d) any fence exceeding six (6) feet in height; any fence on a corner lot built closer to a side street than the side edge of the any fence built closer to any street than the rear edge of the dwelling built on 8. Maintenance of Lots. (a) The grounds of each lot shall be maintained in a neat and attractive condition. (b) Upon failure of any owner to maintain his lot in a neat and attractive condition, the Association shall have the right to send written notice to the owner stipulating that a specific action (i.e., mowing of lawn, edging, etc.) must be performed within ten (10) days. Upon the failure of the owner to abide by such written request, the Association shall have the right to send a second written notice to the owner providing such owner an additional ten (10) days to comply. In the event said owner does not comply with the written requests sent by the Association, the Association shall have the right to levy fines against the owner for the failure to act in an amount with the Board, in its sole discretion, determines to be reasonable under the circumstances. Each day or time a violation is continued or repeated after written notice is given to the owner to cease and desist shall be considered a separate violation. All fines shall be the personal obligation of the owner and shall become a permanent charge and a continuing lien upon the lot enforceable by the Association. In addition, the Association shall have the right to enter upon such lot to perform the necessary work, including but not limited to, having the grass, weeds and other vegetation cut when, and as often as, the same is necessary in its judgment, and having dead trees, shrubs and other plants and trash removed therefrom. (c) Such owner shall be personally liable to the Association for the reasonable cost of cutting, clearing, maintenance or removal and the liability for amounts expended for such cutting, clearing, maintenance or removal shall become a permanent charge and a continuing lien upon such lot, enforceable by the Association by any appropriate proceeding in law or in equity including foreclosure of the lien against the lot to which it relates. 3

7 Although notice as given hereinabove provided shall be sufficient to give the Association or its designated committee or the authorized agent or employee of the Association the right to enter upon such lot and perform the work required, entry for the purpose of performing the work required shall be only between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday or a legal holiday. (d) No dwelling or structure on any lot shall be allowed to fall into neglect or disrepair. In the case of fire damage, such dwellings shall be demolished and the debris removed within 75 days after said fire damage, except where the repair or rebuilding is begun within said 75 days and completed within a reasonable time thereafter. In any event, failure by the owner to take such action as is necessary to maintain, repair or replace his dwelling shall, after 30 days written notice from the Association to repair or demolish and to charge the cost as a lien against the property, which shall be enforceable by any means available at law or equity, including foreclosures of the lien against the lot to which it relates. (e) The Association shall be responsible for the maintenance of all entranceways to the Westchester Subdivision. 9. Business Activity. No activity shall be conducted on any lot within the subdivision where a business license is required and where the activity includes the storage or placement of any tools or the parking of vehicles of a particular trade. 10. Mailboxes. All mailboxes and mailbox posts shall be of the same type and color as that originally installed by John Wieland Homes, Inc. 11. Drainage. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No owner of any lot may obstruct or rechannel the drainage flows after installation of drainage swales, storm sewers or storm drains are located. 12. Gardens, Basketball Goals, Etc. Ornamental plants and shrubbery (and only ornamental pants and shrubbery) shall be allowed between the rear of the dwelling and any street line. Any vegetable garden, hammocks, statuary, play equipment, pools or other decorative objects must be located between the rear of the dwelling and the rear lot line, and out of view of the street. Basketball goals may be installed after the type and location have been previously approved in writing by the ACC; provided, however, the basketball goals may be installed without the prior approval of the ACC if the following requirements are met: (a) (b) (c) (d) dwelling; (e) (f) Goal backboard is perpendicular to the primary street; Backboard is white, beige, clear or light gray; Post is painted black; Basketball goal is limited to freestanding goal, and may not be attached to the Goal is installed behind the front sidelines of the dwelling; Consultation has occurred with any neighbor who may be impacted by play; and (g) Play is restricted to the hours between 8:00 a.m. and 9:00 p.m. 13. Clotheslines, Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles and other similar items shall be located or screened so as to be concealed from view of neighboring lots, streets and property located adjacent to the lot. All rubbish, trash and garbage shall be regularly removed from the lot and shall not be allowed to accumulate thereon. All clotheslines are prohibited. 4

8 14. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded subdivision plats. An easement is reserved to the County for the purpose of repairing or maintaining the sewer and storm drains. 15. Vehicles. Vehicles shall not be parked on any subdivision street or on any lot, including the driveway, so as to be visible from the street or any lot for periods of more than seven (7) consecutive days. All vehicles parked in open view and not in a garage must be registered, operable and may not be unsightly. No vehicles may be parked in a yard. The term vehicles, as used herein, shall include motor homes, boats, trailers, trucks, buses and automobiles. 16. Guns. The use of firearms on the subdivision premises is prohibited. The term firearms includes "B-B" guns, pellet guns, paint guns and small firearms of all types. 17. Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred, kept or permitted on any lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, as determined by the Association; provided, however, those pets which are permitted to roam free or, in the sole discretion of the Association, to endanger the health, make objectionable noise, or constitute a nuisance or inconvenience to the owners of other lots or the owner of any property located adjacent to the Community may be removed by the Association. No pets shall be kept, bred or maintained for any commercial purpose. Dogs which are household pets shall at all times whenever they are outside the owner's lot be confined on a leash. Without prejudice to the Association's right to remove any such household pets, no household pet that has caused damage or injury may be walked in the Community. 18. Signs. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five square feet advertising the property for sale or rent. 19. Antennas. The installation and maintenance of television antennas, radio receivers, radio receiver equipment, satellite dish equipment and other similar devices shall be subject to such rules and regulations as are adopted from time to time by the Board of Directors pursuant to the guidelines established by the Federal Communications Commission (FCC). 20. Solar Devices. No artificial or manmade device which is designed or used for collection of or heating by solar energy or other similar purposes shall be placed, allowed or maintained upon any portion of the Community, including any lot, without the prior written consent of the Association. 21. Tree Removal. No trees on any lot shall be removed without the express written consent of the Association except for: (a) diseased or dead trees; (b) trees needing to be removed to promote the growth of other trees; and (c) trees in the way of construction of an in-ground swimming pool, rear yard play facility or fence. 22. Lighting. Notwithstanding Section 2 above, the following exterior lighting may be installed without the necessity of obtaining the prior approval of the Association: (a) seasonal decorative lights at Christmas; (b) illumination of the entrance features to Westchester Subdivision; (c) other lighting originally installed by John Wieland Homes, Inc.; (d) lighting that (i) does not exceed 12 inches in height above the ground, (ii) does not exceed 10 in number, (iii) does not exceed 100 watts and are white or clear, non-glare type, and (iv are located to cause minimal visual impact on adjacent properties and streets; and (e) lights that are placed along the driveway or walkway to the dwelling. All other exterior lighting must be submitted and approved in accordance with Section 2. Only decorative post lights in conformity with established street lighting will be approved. 23. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application hereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without 5

9 the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable. 24. Captions. The captions of each section hereof as to the contents of each section are inserted only for convenience and are in no way to be construed as defining, limited or otherwise modifying or adding to the particular sections to which they refer. 25. Implementation. (a) The Association or any person owning an interest in any lot subject to this Declaration is entitled to enforce these covenants by an appropriate action in law or equity to prevent or restrain a breach or attempted breach or to recover damages. (b) The Association may, at any time and from time to time, delegate and assign to any person or entity, in whole or in part, its right and authority under these covenants, including its right to approve deviations from the covenants provided for herein. (c) The Association shall have the right to suspend an owner's right to use the Common Areas for any violation of any provision of this Declaration, the Bylaws or the rules and regulations of the Association, for the duration of the infraction and for an additional period not to exceed two (2) weeks; provided, however, in cases involving health regulations, such suspension shall remain in effect until the condition is remedied. (d) In addition to exercising the other remedies provided for herein, the Board of Directors may levy fines against the owner for failure to strictly comply with this Declaration, the Bylaws or the rules and regulations of the Association in an amount not to exceed Fifty and No/100 Dollars ($50.00) per violation. Each day or time a violation is continued or repeated after written notice is given to the owner to cease and desist shall be considered a separate violation. All fines shall be the personal obligation of the owner and shall become a permanent charge and a continuing lien upon the lot enforceable by the Association. 26. Amendment. This Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, of at least a majority of the owner of lots subject hereto. In addition, this Declaration may be amended unilaterally at any time and from time to time by the Board of Directors (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which is in conflict herewith; (b) if such amendment is necessary to enable any reputable title insurance company is issue title insurance coverage with respect to the lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any owner's lot unless such lot owner shall consent thereto in writing. Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. IN WITNESS WHEREOF, the following record owner(s), as evidenced by the consents attached hereto as Exhibit "B", hereby join in and consent to the terms and conditions of the Amended, Restated and Successor Declaration of Covenants, Conditions and Restrictions for Westchester Subdivision and Westchester Cove. 6

10 EXHIBIT "A" PROPERTY SUBJECTED TO DECLARATION PHASE 1 All that tract or parcel of land lying and being in Land Lots 181, 182 and 251, 2nd Section, 16th District, Cobb County, Georgia, being more particularly described as follows: Lots 1-16, Block C and Lots 1-16, Block D, as per Final Plat recorded in Plat Book 78, page 138, Cobb County, Georgia records. PHASE 2 All that tract or parcel of land lying and being in Land Lots 181, 182 and 251, 2nd Section, 16th District, Cobb County, Georgia, being more particularly described as follows: Lots 11-16, 45-48, Block A; 8-12, Block B; 17-36, Block C; 17-31, Block D, Westchester, Phase Two as per Plat Book 80, page 161, Cobb County, Georgia records. PHASE 3 All that tract or parcel of land lying and being in Land Lots 181, 182 and 251 of the 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 1-21, 32 and 33, Block E, Westchester Subdivision, Phase 3, as per Plat Book 86, page 8, Cobb County, Georgia records. PHASE 4 All that tract or parcel of land lying and being in Land Lots 181 and 182, 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 1-7, Block B and Lots 1-10, Block A, as per Plat Book 92, page 99, Cobb County, Georgia records. PHASE 5 All that tract or parcel of land lying and being in Land Lot 182, 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 1-7, Block F; Lots 2-8, Block G and Lots 17-23, Block A, as per Plat Book 96, page 47, Cobb County, Georgia records. WESTCHESTER COVE All that tract or parcel of land lying and being in Land Lot 326, 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 1-36, Westchester Cove, as per Plat Book 86, page 17, Cobb County, Georgia records. 7

11 PHASE 6 All that tract or parcel of land lying and being in Land Lots 179 and 182, 2nd Section, 16th District, Cobb County, Georgia, being more particularly described as follows: Lots 8-12 and Lots 63-69, Block F; Lots 3-9, Block H; Lots 24-36, Block A and Lots 1 and 9-19, Block G, Westchester Subdivision Phase 6, as per Plat Book 101, page 50, Cobb County, Georgia records. PHASE 7-UNIT I All that tract or parcel of land lying and being in Land Lots 182 and 183, 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 1-27, Block A and Lots 1-11, Block B, Westchester Subdivision Phase 7-Unit I, as per Plat Book 107, page 85, Cobb County, Georgia records. UNIT 7-PHASE B All that tract or parcel of land lying and being in Land Lots 182 and 183, 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 28-41, Westchester Subdivision Unit 7-Phase B, as per Plat Book 112, page 59, Cobb County, Georgia records. PHASE 8 All that tract or parcel of land lying and being in Land Lot 179, 16th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: Lots 1-5, Block C and Lots 1-9, Block D, Westchester Subdivision Unit 8, as per Plat Book 116, page 47, Cobb County, Georgia records. PHASE 9A All that tract or parcel of land lying and being in Land Lot 181, 2nd Section, 16th District, Cobb County, Georgia, being more particularly described as follows: Lots 1-8, Block B, Westchester Phase 9A, as per Plat Book 118, page 39, Cobb County, Georgia records. PHASE 9B All that tract or parcel of land lying and being in Land Lot 181, 2nd Section, 16th District, Cobb County, Georgia, being more particularly described as follows: Lots 1-32, Block A, Westchester Phase 9B, as per Plat Book 123, page 18, Cobb County, Georgia records. 8

12 EXHIBIT "B" JOINDER AND CONSENTS OF OWNERS 9

13 JOINDER AND CONSENT TO THE AMENDED, RESTATED AND SUCCESSOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTCHESTER SUBDIVISION AND WESTCHESTER COVE BY OWNER OF LOT # LOCATED AT (address) IN PHASE The following record owner(s) of Lot #, located at (address), in Phase of Westchester Subdivision, hereby joins in and consents to the terms and conditions of the Amended, Restated and Successor Declaration of Covenants, Conditions and Restrictions for Westchester Subdivision and Westchester Cove. Signed, sealed and delivered in the presence of: Witness Owner's Signature Notary Public My Commission Expires: [notary seal] Signed, sealed and delivered in the presence of: Witness Owner's Signature Notary Public My Commission Expires: [notary seal] Client\W\Westchester\Amended,Restated and Successor