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Gate at Lexington Covenants Prepared by and return after recording to: Weatherspoon & Voltz LLP P.O. Box 10324, Raleigh, North Carolina 27605 STATE OF NORTH CAROLINA COUNTY OF HARNETT SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR THE GATE AT LEXINGTON PLANTATION SUBDIVISION This Supplemental Declaration of Covenants, Conditions, Easements and Restrictions for The Gate at Lexington Plantation Subdivision (the “Supplemental Declaration”) is made this the ____ day of ______________, 2008 by Pierce Development, LLC, a North Carolina limited liability company (the “Declarant”). WITNESSETH WHEREAS, Declarant is the record owner of certain real property in Harnett County, North Carolina known as The Gate at Lexington Plantation Subdivision which is more particularly described in the Declaration described below (the “Property”); and WHEREAS, the Declarant recorded a certain Declaration of Covenants, Conditions, Easements and Restrictions for The Gate at Lexington Plantation Subdivision in Book 2494, Page 361, Harnett County Registry (the “Declaration”) for the development and maintenance of the Property; and WHEREAS, the Declarant now desires to annex as additional property subject to the Declaration those certain parcels or tract of land located within Phase A, Part 1A and Phase A, Part 2 of The Gate at Lexington Plantation Subdivision as shown on the plats recorded in Plat Book ________, Pages ________, Harnett County Registry and Plat Book ________, Pages ________, Harnett County Registry, such property being more particularly described in Exhibit A (collectively, the “Additional Property”); and , NOW, THEREFORE in consideration of the covenants and agreements contained in this Amendment and other good and valuable consideration, and intending to be legally bound, Declarant agrees as follows: 1. Pursuant to the authority in Article II, Section 5 of the Declaration, the Declarant hereby annexes the Additional Property into the Property and subjects it to the Declaration. Exhibit A attached hereto and incorporated herein by reference shall expand the Property subject to the Declaration to include the Additional Property. 2. This Supplemental Declaration shall be construed in accordance with the laws of the State of North Carolina. All capitalized terms not defined in this Supplemental Declaration shall have the meaning ascribed in the Declaration. 3. This Supplemental Declaration shall be binding upon and inure to the benefit of, and shall be enforceable by, each Owner, it heirs, successors and assigns in title to the Property or any portion thereof. [Signature pages to follow] 2 IN WITNESS WHEREOF , Declarant has caused this Amendment to be executed as of the day and year first above written. DECLARANT: Pierce Development, LLC, a North Carolina limited liability company By: _______________________________ Jimmy Pierce, Manager STATE OF NORTH CAROLINA COUNTY OF _________________ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose Jimmy Pierce. stated therein and in the capacity indicated: Date:__________________ ____________________________________ Printed Name of Notary:________________ [official seal] My commission expires:__________________ 3 Exhibit A Additional Property Being all Phase A, Part 1A of The Gate at Lexington Plantation Subdivision as shown on the plats entitled “Subdivision Plat Lexington Plantation The Gate at Lexington Phase A, Part 1A” prepared by Enoch Engineers, P.A., and recorded in Plat Book _________, Pages _________, Harnett County Registry. Being all Phase A, Part 2 of The Gate at Lexington Plantation Subdivision as shown on the plats entitled “Subdivision Plat Lexington Plantation The Gate at Lexington Phase A, Part 2” prepared by Enoch Engineers, P.A., and recorded in Plat Book _________, Pages _________, Harnett County Registry. 4