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Doc ID: 010576870006 Tvpe: GLR Filed: 06/23/2008 at 04:13:52 PM Fee Amt: $20.00 Page 1 of 6 Forsvth County GA

DouQlas Sorrelis Clerk Superior Ct

BK5164 PG32-37

[THE srACE ABOVE TflIS LINE FOR RECORDING USE ONLY]

RETURN DOCUMENT TO:

GREENFIELD, BOST & KLIROS, P.e. 990 Hammond Drive, SuAt~

Atlanta, Georgia 30328 ""0

STATE OF GEORGIA

Cross Reference: Declaration Deed Book

4212, Page 586, Deed Book 4662, Page 224, Deed Book 4917, Page 719 and Deed Book 4976, Page 613

COUNTY OF FULTON

(BUILDING 900 AND BUILDING 1000)

SUPPLEMENTARY DECLARATION TO THE DECLARATION OF CONDOMINIUM FOR BALLANTRAE AT CREEKSTONE

THIS SUPPLEMENTARY DECLARA nON is made as of the date set forth below by Ballantrae, LLC, a Georgia limited liability company ("Declarant").

WHEREAS, Declarant recorded that certain Declaration of Condominium for Ballantrae at Creekstone in Deed Book 4212, Page 586 et seq., of Clerk of Superior Court of Forsyth County, Georgia, on March 29, 2006, Supplementary Declaration to the Declaration of Condominium for Ballantrae at Creekstone, recorded March 8, 2007 in Deed Book 4662, page 224 - 229 of Clerk of Superior Court of Forsyth County, Georgia, Supplementary Declaration to the Declaration of Condominium for Ballantrae at Creekstone, recorded October 5, 2007 in Deed Book 4917, page 719 - 723 of Clerk of Superior Court of Forsyth County, Georgia and Supplementary Declaration to the Declaration of Condominium for Ballantrae at Creekstone, recorded December 10,2007 in Deed Book 4976, page 613 - 618 of Clerk of Superior Court of Forsyth County, Georgia (collectively, the "Declaration");

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WHEREAS, pursuant to the terms of Section 9.1 of the Declaration, the Declarant may unilaterally subject all or any portion of the real property described in Exhibit "F" to the Declaration at any time within seven (7) years of recording the Declaration by recording a Supplementary Declaration describing the property to be subjected to the Declaration and to the jurisdiction of the Association.

WHEREAS, the property described in Exhibit "A" to this Supplementary Declaration is a part of the property included within Exhibit "F" of the Declaration which may be unilaterally submitted by the Declarant to the Declaration and to the jurisdiction of the Association.

WHEREAS, the Declarant is amending the allocation of shares of common elements and common expenses shown on Exhibit "E" attached to the Declaration to provide for the allocation among floor plans not currently shown on Exhibit "E" to the Declaration.

WHEREAS, this Supplementary Declaration is recorded within seven (7) years of the recording of the Declaration.

WHEREAS, the Declarant desires to submit the property described in Exhibit "A" hereto to the Declaration and to the jurisdiction of the Association.

1. Pursuant to the powers retained by the Declarant under the Declaration, Declarant hereby submits the property described in Exhibit "A" (the "Submitted Property") to the Declaration and to the jurisdiction of the Association. The Submitted Property and Units shown thereon shall be sold, transferred, used, conveyed, occupied and mortgaged or otherwise encumbered pursuant to the provisions of the Declaration which provisions shall run with the title to the Submitted Property and shall be binding upon all persons having any right, title, or any interest in such property, their respective heirs, legal representatives, successors, successorsin-title, and assigns.

3. The Submitted Property is shown on that certain Plat of Ballantrae at Creekstone, Building #1000, Unit I prepared by McWhorter Gilbert Anderson recorded at Condominium Plat Book C03, page 171-172, in the Office of the Clerk of the Superior Court of Forsyth County, Georgia.

2. The Submitted Property is shown on that certain Plat of Ballantrae at Creekstone, Building #900, Unit H prepared by McWhorter Gilbert Anderson recorded at Condominium Plat Book C03, page 145-146, in the Office of the Clerk of the Superior Court of Forsyth County, Georgia.

4. Each Unit located on the Submitted Property is depicted on the Plans and is constructed in accordance with the Plans as evidenced by the certification attached hereto as Exhibit "B," said certification being that which is required by O.C.G.A. § 44-3-83 (c).

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Signed, sealed, and delivered in the presence of:

BALLANTRAE, LLC, a Georgia li .

5. The following statement is hereby added to and shall from and after the date hereof amend Exhibit "E":

All models known as the Morningside, Forsyth, Dawson and Lanier shall own 1.307% of the common elements and shall bear 1.307% of common expenses and all models known as Ansley, Ansley II and Buckhead shall own 1.634% of the common elements and shall bear 1.634% share of common expenses. Representative floor plans for all of such models have been recorded in the Forsyth County, Georgia records.

6. Identifying numbers and further descriptions of the Units on the Submitted Property are set forth on Exhibit "e" attached hereto and incorporated herein by reference.

7. Unless otherwise defined herein, all defined or capitalized terms used herein shall have the meanings ascribed in the Declaration.

IN WITNESS 'WHEREOF, the Declarant herein, hereby exec(jJthis instrument under

seal by and through the duly authorized member, this 1 0 day of LL AJ( ,

2008.

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EXHIBIT "A"

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 810, 2nd District, l " Section, Forsyth County, Georgia, and being known as Building 900 located in Unit H of Ballantrae at Creekstone Condominium, as shown on that Plat prepared by Neil A. McWhorter, Georgia Registered Land Surveyor, recorded January 4,2008 in Plat Book C03, pages 145-146, Forsyth County, Georgia records.

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 810, 2nd District, lSI Section, Forsyth County, Georgia, and being known as Building 1000 located in Unit I of'Ballantrae at Creekstone Condominium, as shown on that Plat prepared by Neil A. McWhorter, Georgia Registered Land Surveyor, recorded March 25, 2008 in Plat Book C03, pages 171-172, Forsyth County, Georgia records.

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EXHIBIT "B"

TO SUPPLEMENTARY DECLARATION TO DECLARATION OF CONDOMINIUM

FOR BALLANTRAE AT CREEKSTONE CONDOMINIUl

RE: Buildings 900 and 1000

The undersigned is a registered engineer or architect in the State of Georgia and hereby certifies as follows:

1. I have visited Buildings 900 and 1000 of the Condominium known as

Ballantrae at Creekstone and described in the above-referenced Declaration of Condominium and in Condominium Plat Book C03, pages 145-146 and Plat Book C03, pages 171-172, Forsyth County, Georgia records; and

2. To the best of my knowledge and belief, the exterior walls and roof of

each Unit are in place in accordance with the plans for Buildings 900 and 1000 of the

Ballantrae development stamped by the undersigned and dated

4-'2.(£ - OJ ; and

3. Such walls, partitions, floors and ceilings, to the extent shown on said

plans, as constitute the horizontal boundaries and the vertical boundaries of each Unit, including, convertible space, have been sufficiently constructed so as to establish clearly the physical boundaries of such Unit.

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EXHIBIT "C"

IDENTIFYING NUMBERS OF UNITS

Unit # Street Address

Building 900
2460 Ballantrae Circle
2462 Ballantrae Circle
2464 Ballantrae Circle
2466 Ballantrae Circle i
,
J
Building 1000 1
!
2450 Ballantrae Circle
2452 Ballantrae Circle
2454 Ballantrae Circle
2456 Ballantrae Circle O;\Clients\Kliros\BALLANTRAE\CONDO DOCUMENTS\sUPPLEMENT ARY DEC\SUPPLEMENT ARY DELCLARATION-052I 08-Bldg 900-1000.doc