DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MONTICELLO PARK

THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made as of the date set forth on the signature page hereof by D.R. HORTON, INC., a Delaware corporation (hereinafter referred to as “Declarant”).

Declarant is the owner (or if not the owner, with the written consent of such owner as attached hereto) of the real property described in Exhibit “A,” which is attached hereto and incorporated herein by reference. By this Declaration, Declarant imposes upon the Community mutually beneficial restrictions under a general plan of improvement for the benefit of the Owners of the Community, and establishes a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the Community. In furtherance of such plan, Declarant has caused or intends to cause the Monticello Park Homeowners’ Association, Inc. to be formed as a Georgia nonprofit corporation to own, operate, and maintain the Common Area and to administer and enforce the provisions of the Governing Documents, as such terms are defined below.

Declarant hereby declares that all of the property described in Exhibit “A” and any additional property subjected to this Declaration by Supplemental Declaration shall be held, sold, used and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the title to the real property subjected to this Declaration. This Declaration shall be binding upon all parties having any right, title, or interest in any portion of the Community, their heirs, successors, successors-in-title, and assigns, and shall inure to the benefit of each owner of any portion of the Community.

This document does not and is not intended to create a condominium within the meaning of the Georgia Condominium Act, O.C.G.A. Section 44-3-70, et seq., and the Association is not subject to the Georgia Property Owners’ Association Act, O.C.G.A. Section 44-3-220, et seq.