THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT FILED AND PRESENTED BY D.R. HORTON, INC. - NEW JERSEY, A Delaware Corporation dfb/a SGS COMMUNITIES having an office at 700 East Gate Drive, Suite 110 Mt. Laurel, New Jersey 08054 for Phase IT (consisting of 124 Homes) for a total of 397 Single Family Dwellings and Lots Located at Mill Road (County Route 622) Egg Harbor Township, Atlantic County, New Jersey and designated as THE VILLAGE GRANDE AT ENGLISH MILL NOTICE TO PURCHASERS THIS THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY. PURCHASERS SHOULD ASCERTAIN FOR THEMSELVES THAT THE PROPERTY OFFERED MEETS THEIR PERSONAL REQUIREMENTS. THE NEW JERSEY DIVISION OF CODES AND STANDARDS HAS NEITHER APPROVED NOR DISAPPROVED THE MERITS OF THIS OFFERING. BE SURE TO READ CAREFULLY ALL DOCUMENTS BEFORE YOU SIGN THEM. THIS THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT HAS BEEN FILED AND IS PRESENTED PURSUANT TO THE PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT (N.J.S.A. 45:22A-21 ET Q.) AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER (N.J.A.C. 5:26-1.1 ET Q.) DATE OF PUBLIC OFFERING STATEMENT: Januaiy 13, 2005 EFFECTIVE March 25, 2008 EFFECTIVE DATE OF FIRST AMENDMENT: EFFECTIVE DATE OF SECOND AMENDMENT: April 6, 2009 December 6, 2011 EFFECTIVE DATE OF THIRD AMENDMENT: REGISTRATION NUMBER: R - 3823 PREPARED BY: GREENBAUM, ROWE, SMITH & DAVIS, LLP Metro Corporate Campus I 99 Wood Avenue South Iselin, New Jersey 08830 (732) 549-5600 1240630.03 THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT FOR THE VILLAGE GRANDE AT ENGLISH MILL EXHIBITS 2. Projected Operating Budget Based on Full Build-Out Consisting 397 Homes Consisting of Phase I (273 Homes) and Phase 11 (124 Homes), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy 5. Management Agreement 10. First Amendment and Supplement to the Declaration of Covenants and Restrictions for The Village Grande at English Mill I 1240630 .03 THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT FOR THE VILLAGE GRANDE AT ENGLISH MILL D.R. HORTON, INC. NEW JERSEY, a Delaware Corporation (the "Developer"), d/bla SGS COMMUNITIES, having an address at 700 East Gate Drive, Suite 110, Mt. Laurel, New Jersey 08054, hereby amends the Public Offering Statement for The Village Grande at English Mill dated January 13, 2005, as previously amended (the "Plan"), as set forth herein. Previously, the Developer has offered for sale pursuant to the Plan the two hundred and seventy-three (273) single family dwellings and lots (the "Homes") located within Phase I of the Community. Under the terms of the Plan and the related governing documents, the Developer reservédthe right to incorporate additional Homes into the Community and to offer the additional Homes for sale. By means of this amendment, the Developer is hereby exercising its right to offer one hundred twenty-four (124) additional Homes to be located in Phase II of the Community. A. Section 1 of the text of the Plan captioned "INTRODUCTION" is amended at the Sixth Paragraph by the addition of the following after the third sentence therein: "The First Amendment and Supplement to the Declaration for The Village Grande at English Mill (the "First Amendment to the Declaration") to expand the Community to include the additional Homes and other site improvements being developed in Phase II appears as Exhibit 10 ofthisThird Amendment to the Plan. Phase II of the Community is described by a legal (metes and bounds) description which appears as Exhibit A-2 of the First Amendment to the Declaration and is graphically depicted on Exhibit B-2 of the First Amendment to the Declaration." B. Section:6 of the text Of the Plan captioned "BUDGET" is amended by the insertion of the following after, the third sentence of the First Paragraph therein: "The budget based upon full occupancy and full build out of the Community (consisting of 397 Homes) appears as part of Exhibit 2 and sets forth the estimated annual Common Expense Assessments upon the incorporation of Phase II into the Community." 1240630.03 ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ Specimen Owner's and Loan Policy of Title Insurance that appear as Exhibit 7 to this Third Amendment to the Plan. Section 15ofthetext of the Plan captioned "REAL ESTATE TAXES AND D. SPECIAL ASSESSMENTS" is amended as follows By the deletion of the first paragraph and the insertion of the following 1 The Township of Egg Harbor tax rates and ratios for 2003 and the two (2) previous years are as follows TAX RATE PER $100 OF ASSESSED VALUE 4.101 3.980 3.810 By the deletion in the second paragraph of the "Estimated Initial Sales Prices" and 2. "Estimated Annual Taxes" and the insertion of the following: ESTIMATED INITIAL ESTIMATED ANNUAL BASE SALES PRICE REAL ESTATE TAXES $199,990 $4,443 $224,990 $4,998 $234,990 $5,220 $239,990 $5,331 $254,990 $5,665 All references in this section to the utilization of the 2011 tax ratio and rate to determine the estimated annual real estate taxes shall mean the 2011 tax ratio and rate. E. Exhibit 2 to the Plan captioned "Projected Operating Budget Based on Full Build- Out of 397 Homes Consisting of Phase I (273 Homes) and Phase 11(124), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy" is amended and supplemented by the Projected Operating Budget for Full Occupancy (397 Homes), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy. 3 1240630.03 Exhibit 5 to the Plan captioned "Management Agreement" is replaced with F. Exhibit 5 to this Third Amendment to the Plan. Exhibit 7 to the Plan captioned "Specimen Owner's Policy of Title Insurance" is G replaced with Exhibit 7 captioned "Specimen Owner's and Loan Policy of Title Insurance" to this third Amendment to the Plan. Exhibit 8 to the Plan captioned "Amendment and Supplement to the Declaration H. of Covenants and Restrictions for The Village Grande at English Mill" is supplemented by Exhibit 10 to this Third Amendment to the Plan captioned "First Amendment and Supplement to the Declaration of Covenants and Restrictions for The Village Grande at English Mill." The Developer hereby represents that, to the best of its knowledge, information and belief, the statements and representations contained herein are true and accurate. D.R. HORTON, INC. - NEW JERSEY dlbla SGS COMMUNITIES, DEVELOPER 4 1240630 .03 EXHIBIT 2 PROJECTED OPERATING BUDGET BASED ON FULL BUILD-OUT OF 397 HOMES CONSISTING OF PHASE I (273 HOMES) AND PHASE 11 (124 HOMES), ESTIMATED COMMON EXPENSE ASSESSMENTS AND LETTERS OF BUDGET AND INSURANCE ADEQUACY 1240630.03 Pager 1 VILLAGE GRANDE AT ENGLISH MILL THE WENTWORTH GROUP Full Build Out Budget Printed: 11/15/2011 901 S. TROOPER RD P0 BOX 80690 \ Based on 397 Homes VALLEY FORGE PA 19484 $229/Unit/Month OPERATING INCOME 60200 ASSOCIATION FEES 1,088,788 64000 LATE FEE INCOME 1,050 64075 CCS COLLECTIONS 0 64100 LEGAL INCOME 0 64280 US POSTAL CHARGES 0 64300 NSF CHARGES 0 65050 KEY INCOME 0 65600 POOL INCOME 315 68550 SNOW ASSESSMENT 0 69018 INITIATION FEE. 3,500 69050 DEVELOPER CONTRIBUTION 0 GROSS OPERATING INCOME 1,093,653 BAD DEBT 70500 BAD DEBTS 32,664 TOTAL BAD DEBT 32,664 OPERATING EXPENSES GENERAL MAINTENANCE & REP) 72050 MAINT SUPPLIES 0 72300 SUB-CONTRACTOR MAINT 0 72355 COMMON AREA MAINTENANCE 763 TOTAL GENERAL MAINTENAN 763 GROUNDS MAINTENANCE 74100 LANDSCAPING MAINTENANCE 331,009 74108 LANDSCAPE MNT-UNITS 0 74109 LANDSCAPE MNT-COMMON 30,000 74200 LANDSCAPING IMPROVEMENT 39,300 74226 TREE MAINTENANCE 16796 74264 IRRIGATION WATER 181,000 74267 IRRIGATION ELECTRIC 3,054 74272 IRRIGATION MAINTENANCE 53,000 74300 SNOW & ICE REMOVAL 58,023 TOTAL GROUNDS MAINTENAN 712,182 RECREATION 75020 CLUBHOUSE INTERNET 0 75030 CLUBHOUSE CABLE TV 3,150 75033 CLUBHOUSE CABLE/DSL/TEL 0 75050 CLUBHOUSE CLEANING 15,750 75055 CM CLEANING SUPPLIES 1,785 75058 C/H WINDOW CLEANING 1,050 75070 CLUBHOUSE ELECTRIC 23,100 75090 CLUBHOUSE GAS 7,875 75105 CLUBHOUSE HVAC MAINTENA 1,575 75111 C/H MAINTENANCE 1,155 75130 CLUBHOUSE MAINTENANCE/S 0 75135 CLUBHOUSE SUPPLIES 1,575 75185 CLUBHOUSE SECURITY SYST 525 75195 CLUBHOUSE FIRE PROTECT[ 420 75210 CLUBHOUSE TELEPHONE 1,050 75229 CLUBHOUSE EXTERMINATING 1,260 75230 CLUBHOUSE WATER 4,200 75232 CLUBHOUSE TRASH 945 75235 CLUBHOUSE SEWER 2,310 75237 CLUBHOUSE EQUIPMENT 630 75241 RECREATIONAL MAINTENANC 1,785 75244 RECREATION ACTIVITY 0 75355 POOL CONTRACT-OUTDOOR 0 VILLAGE GRANDE AT ENGLISH MILL Page: 1 THE WENTWORTH GROUP 901 S. TROOPER RD P0 BOX 80690 Full Build Out Budget Printed: 11/15/2011 VALLEY FORGE PA 19484 Based on 397 Homes 75360 POOL OPERATIONS 57,750 75365 POOL CONTRACT-INDOOR 0 75400 POOL REPAIRS & MAINTENA 5,250 TOTAL RECREATION 133,140 PAYROLL & BENEFITS 75635 ONSITE STAFF P/R 50,000 TOTAL PAYROLL & BENEFIT 50,000 TAXES & INSURANCE 77100 FEDERAL TAXES 1,527 77500 PROPERTY1LIAB INSURANCE 13,215 77508 INSURANCE-UMBRELLA 2,296 77700 WORKMEN'S COMPENSATION 880 77795 INSURANCE-OTHER 907 77800 0 & 0 INSURANCE 3,776 TOTAL TAXES & INSURANCE 22,601 ADMINISTRATIVE & OTHER EXPE 78100 OFFICE SUPPLIES 1,832 78115 OFFICE EQUIPMENT 916 78150 POSTAGE & SHIPPING 0 78160 PRINTING & POSTAGE 2,748 78400 BANK FEES 458 78450 COUPON BOOKS 1,527 79300 SOCIAL COMMITTEE 0 79435 CAI MEMBERSHIP 229 79700 MISCELLANEOUS EXPENSE 1,374 TOTAL ADMINISTRATIVE & 9,085 PROFESSIONAL SERVICES 81100 MANAGEMENT FEES 38,173 81200 LEGAL GENERAL 4,581 81300 LEGAL COLLECTIONS 4,581 81400 ACCOUNTING/AUDIT 2,231 TOTAL PROFESSIONAL SERV 49,566 TOTAL OPERATING EXPENSE 1,010,001 NET OPERATING INCOME 83,652 RESERVE EXPENSE 88001 RESERVES ASPHALT 3,636 88001 RESERVES ASPHALT SEALCO 2,161 88001 RESERVES CLUBHOUSE RESE 5,015 88001 RESERVES DRIVEWAYS 24,566 88001 RESERVES POOL DECK AREA 2,640 88001 RESERVES POOL FENCING, 440 88001 RESERVES POOL FILTERS 1 880 88001 RESERVES POOL FURNITURE 1,760 88001 RESERVES POOL RESERVE 5,279 88001 RESERVES SERVICE WALKS 12,160 88001 RESERVES SIDEWALK RESER 16,874 88001 RESERVES TENNIS CTFENC 704 88001 RESERVES TENNIS COURT 4,309 88001 RESERVES WALKING PATH 1,144 88001 RESERVES RETENTION 1,993 TOTAL RESERVE EXPENSE, 83,652 NET INCOME / (LOSS) (0) November 15,2011 J GS Village Grande at English Mill HOA Insurance Wentworth Group do 1 Village Grande Road 960 Holmdel Road Egg Harbor, NJ 08234 Holmdel, NJ 07733 RE: Letter of Adequacy TEL (732) 834-9800 Village Grande at English Mill UOA FAX (732) 834-0233 397 units and Clubhouse Gentlemen: In accordance with your request, we have reviewed and examined the Insurance Requirement for Village Grande at English Mill Homeowners Association located in Egg Harbor Township, NJ. Based on out analysis, we are pleased to recommend the following insurance coverage: PROPERTY 1. - Coverage would be written on a blanket basis, covering the clubhouse, fencing, light fixtures, pool, recreational facilities, and personal property owned by the Association. Coverage provided under the policy would on special causes of loss perils basis including Replacement Cost; and Agreed Amount. All property would be subject to a minimum policy deductible of $2,500 each occurrence. 2. COMMERCIAL GENERAL LIABILITY - Liability insurance would be designed to provide comprehensive protection for all common areas, including any swimming pools, and all recreational facilities. The limit under this section would be $1,000,000 each occurrence. The basic policy would be extended to include the broadening CGL endorsement which includes Personal Injury Liability, Broad Form Property Damage, Host Liquor Liability, Blanket Contractual Liability, Medical Payments, Advertising Liability, Employees as Additional Insured, Incidental Medical Malpractice, Fire Legal Liability, Extended Bodily Injury, Non-Owned and Hired Automobile Liability, in addition to other coverages. 3. DIRECTORS AND OFFICERS LIABILITY - Coverage would be provided for all present and past members who serve on the Board of Trustees for the Association. The policy would have a limit of $2,000,000 subject to a $2,500 deductible. UMBRELLA LIABILITY This policy would provide excess limits of liability 4. - above the primary Comprehensive General liability, Non-Owned and Hired Automobile Liability, and Directors and Officers Liability policies. A minimum of $15,000,000 for each occurrence is recommended however, higher limits are suggested for consideration by the Association. 5 COMPREHENSIVE AUTOMOBILE - If the Association owns any vehicles, this policy, would be provided for a combined single limit of $1,000,000 and would also include the necessary comprehensive and collision coverage Non-Owned and Hired Automobile Liability would also be included. 6 COMPREHENSIVE CRIME INSURANCE - This policy would provide coverage for the Association as a result of fraudulent and dishonest acts of its employees, loss of money and securities on and off premises, depositors forgery and counterfeit money and paper currency. The limit for Employee Dishonesty coverage would be $1,250,000. 7. WORKER'S COMPENSATION -Coverage would be provided for injuries to employees during the course of employment. Benefits would be based upon the statutory requirements prescribed by. the State of New Jersey. The policy would be issued on a minimum premium basis subject to an audit at expiration. 8. UNIT OWNERS INSURANCE - A Homeowners Policy commonly referred to as an HO-3 or HO-5 policy, should by purchased by the Unit Owner to cover property, damage to the building as well as their personal belongs, including furniture and fixtures, along with any upgrades purchased as options by the Unit Owners. Implementation of the foregoing Coverage will, in our opinion, be adequate to meet the basic needs of the Association in insuring the exposure usual to Condominium/ Towrihome Association and satisfies the requirements of any mortgage lenders or management contracts. Premium summary for the coverage is shown on the attached summary sheet. Very truly yours JACOBSON, GOUJFARB & SCOTT, INC Vincent J. Hager, CIRMS President AT VILLAGE GRANDE ENGLISH MILL 397 UNITS INCLUDING CLUBHOUSE INSURANCE PREMIUM ESTIMATE VALUES AS OF NOVEMBER 2011 COVERAGE AMOUNT PREMIUM $1,500,000 $13,215 1. Property Insurance Clubhouse and contents - 100% Insurable Value 397 Single family units $1,000,000 Ordinance or Law Coverage Included Actual Loss Sustained Loss of Maintenance Fees Included 2. Commercial General Liability $1,000,000 Included 3. Directors and Officers $2,000,000 $3,776 4. Umbrella Liability $15,000,000 $2,296 5. Hired and Non-Owned Auto $1,000,000 Included 6. Comprehensive Crime $1,250,000 $907 7. Workers Compensation Statutory $880 8. Boiler and Machinery $1,500,000 Included Total Estimated Annual Premiums: $21,074 The premium estimates above are based on rates in effect in November 2011. Actual premiums may vary, based on the date coverage actually attaches. The premium quotes above are good for 60 days from the date on the cover letter. EXHIBIT 5 MANAGEMENT AGREEMENT 1240630 .03 ✍ ✎ ✏ ✑ ✒ ✓ ✔ ✕ ✖ ✗ ✘ ✙ ✏ ✑ ✚ ✛ ✓ ✜ ✏ ✒ ✗ ✒ ✙ ✓ ✘ ✗ ✢ ✎ ✓ ✖ ✗ ✓ ✢ ✘ ✗ ✛ ✑ ✣ ✞ ✑ ✚ ✟ ✠ ✣ ✛ ✡ ✙ ☛ ✓ ☞ ✤ ✌ ✙ ✎ ✗ ✚ ✕ ✛ ✔ ✎ ✣ ✑ ✗ ✒ ✏ ✑ ✔ ✥ ✓ ✑ ✕ ✛ ✗ ✒ ✓ ✔ ✕ ✖ ✗ ✘ ✙ ✣ ✙ ✏ ✓ ✘ ✦ ✧ ✙ ✎ ✣ ✑ ★ ✗ ✗ ✘ ✑ ✣ ✘ ✏ ✙ ✏ ✩ ✗ ✒ ★ ✪ ✛ ✗ ✖ ✓ ✜ ✏ ✘ ✫ ✛ ✗ ✤ ✗ ✛ ✗ ✘ ✔ ✗ ✑ ✙ ✓ ✙ ✎ ✗ ✔ ✓ ✖ ✚ ✣ ✘ ✪ ✬ ✖ ✓ ✘ ✗ ✪ ✬ ✣ ✘ ✒ ✔ ✓ ✖ ✚ ✣ ✘ ✪ ✛ ✗ ✚ ✛ ✗ ✑ ✗ ✘ ✙ ✣ ✙ ✏ ✜ ✗ ✑ ✦ ✁ ✂ ✄ ☎ ✆ ✝ ✭ ✮ ✯ ✰ ✱ ✲ ✳ ✁ ✂ ✄ ☎ ✆ ✝ ✭ ✮ ✯ ✰ ✱ ✲ ✳ ✴ ✵ ✶ ✷ ✸ ✹ ✺ ✁ ✂ ✄ ☎ ✆ ✝ ✻ ✓ ✖ ✚ ✣ ✘ ✪ ✼ ✽ ✽ ✟ ✾ ✿ ☛ ❀ ✿ ✟ ☞ ❁ ❂ ❂ ✿ ✾ ❃ ❄ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ❅ ✑ ✑ ✓ ✔ ✏ ✣ ✙ ✏ ✓ ✘ ❆ ✤ ✤ ✏ ✔ ✗ ✛ ✞ ✁ ✂ ✟ ✠ ✄ ✡ ☎ ✆ ☛ ✝ ☞ ✌ ✭ ✮ ✯ ✰ ✱ ✲ ✳ ✁ ✂ ✄ ☎ ✆ ✝ ✴ ✵ ✶ ✷ ✸ ✹ ✺ ✴ ✵ ✁ ✶ ✂ ✁ ✷ ✄ ✂ ✸ ☎ ✄ ✹ ✆ ✺ ✝ ☎ ✁ ✆ ✂ ✝ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✭ ✮ ✯ ✰ ✱ ✲ ✳ ✞ ✟ ✠ ✡ ☛ ☞ ✌ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✭ ✮ ✯ ✰ ✱ ✲ ✳ ✁ ✁ ✂ ✂ ✄ ✄ ☎ ☎ ✆ ✆ ✝ ✝ ✴ ✵ ✶ ✷ ✸ ✹ ✺ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✁ ✂ ✂ ✄ ✄ ☎ ☎ ✆ ✆ ✝ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✁ ✄ ✂ ☎ ✆ ✄ ✝ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✁ ✝ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✁ ✄ ✂ ☎ ✆ ✄ ✝ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ✁ ☎ ✂ ✆ ✝ ✄ ☎ ✆ ✁ ✝ ✂ ✄ ☎ ✆ ✝ ❇ ✁ ❈ ✂ ❉ ✄ ❊ ☎ ❋ ✆ ● ✝ ❍ ■ ❏ ❑ ▲ ▼ ◆ ❖ ■ ❏ ❑ ▲ ▼ ◆ ❖ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ✁ ☎ ✆ ✂ ✝ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✁ ✂ ✂ ✄ ✄ ☎ ✆ ☎ ✆ ✝ ✝ ❇ ❈ ❉ ❊ ❋ ● ❍ ✁ ✂ ✄ ☎ ✆ ✝ ❲ ❳ ❨ ❩ ❬ ❭ ❪ ✁ ✂ ✄ ☎ ✆ ✝ ❇ ❈ ❉ ❊ ❋ ● ❍ ❲ ❳ ❨ ❩ ❬ ❭ ❪ ✁ ✂ ✄ ☎ ✆ ✝ P ◗ ❘ ❙ ❚ ❯ ❱ ✁ ✁ ✂ ✂ ✄ ✄ ☎ ☎ ✆ ✆ ✝ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ P ◗ ❘ ❙ ❚ ❯ ❱ ❶ ❷ ❸ ❹ ❺ ❻ ❼ ❶ ❷ ❸ ❹ ❺ ❻ ❼ ④ ⑤ ⑥ ⑦ ⑧ ⑨ ⑩ ❫ ❴ ❵ ❛ ❜ ❝ ❞ ❡ ❢ ❣ ❤ ✐ ❥ ❦ ❧ ❴ ❵ ♠ ❵ ✐ ♥ ♦ ♣ ❤ ♣ q ❣ ❢ ❣ ❤ ✐ r q s ❣ ❣ ❢ ❣ ❤ ✐ ❥ ❴ ♣ ❛ ♠ ❣ ❣ ❤ ❛ ♣ ❤ ❵ ✐ ❵ t ❣ ❜ ✉ r ✈ ✈ ❵ ❤ ✇ ❝ s ❢ ♣ ✐ ❵ ❝ ❤ s ❣ ♣ ❛ ❝ ❤ ♣ ♠ ✈ ① ❞ ❝ ❤ ❛ ❵ ❜ ❣ s ❣ ❜ ② s ❝ ② s ❵ ❣ ✐ ♣ s ① ❴ ♣ ❛ ♠ ❣ ❣ ❤ s ❣ ❢ ❝ ③ ❣ ❜ ❵ ❤ ❞ ✈ ❡ ❜ ❵ ❤ q ❞ ❝ ❢ ② ♣ ❤ ① ❥ ❢ ❝ ❤ ❣ ① ❥ ♣ ❤ ❜ ❞ ❝ ❢ ② ♣ ❤ ① s ❣ ② s ❣ ❛ ❣ ❤ ✐ ♣ ✐ ❵ ③ ❣ s ❣ ✇ ❣ s ❣ ❤ ❞ ❣ ❛ ✉ ✻ ✓ ✖ ✚ ✣ ✘ ✪ EXHIBIT 10 FIRST AMENDMENT AND SUPPLEMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE VILLAGE GRANDE AT ENGLISH MILL 1240630.03 FIRST AMENDMENT AND SUPPLEMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE VILLAGE GRANDE AT ENGLISH MILL Prepared by: Christine F. Li, Esq. RECORD AND RETURN TO: GREENBAUM, ROWE, SMITH & DAVIS, LLP P.O. Box 5600 Woodbridge, New Jersey 07095 Attention: Christine F. Li, Esq. 1241019.01 FIRST AMENDMENT AND SUPPLEMENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE VILLAGE GRANDE AT ENGLISH MILL THIS FIRST AMENDMENT AND 1SUPPLEAWNT made this day of 201 D.R. Horton, Inc. New Jersey, a Delaware Corporation, having an office at 700 East Gate Drive, Suite 110, Mt. Laurel, New Jersey 08054,(hereinafter the "Developer"). WITNESSETH: WHEREAS, Developer is the owner of the fee simple title to certain real property situate, lying and being in the Township of Egg Harbor, County of Atlantic, and State of New Jersey, as more fully described hereinafter; and WHEREAS, Developer is creating thereon a planned unit development intended for occupancy by persons, 55 years or older, which is presently intended to ultimately consist of three hundred and ninety-seven (397) fee simple single-family detached Homes in two (2) or more sections together with certain Common Property, all as described on Exhibit "A" and depicted on Exhibit "B", attached to the Declaration of Covenants and Restrictions (hereinafter the "Declaration") for The Village Grande at English Mill (hereinafter the "Entire Tract"); and WHEREAS, in order to establish and preserve the character of The Village Grande at English Mill including its character as a high quality adult community, the Developer is desirous of imposing a general scheme of restrictions covering said lands and premises of the Entire Tract for the protection and benefit of the Developer, its successors and assigns, the Entire Tract, and each and every owner of any and all portions thereof; and WIIEREAS, Developer has deemed it advisable to create a homeowners association to which shall be delegated and assigned, the power and authority to maintain and administer the Common Property, and certain other portions of the Entire Tract, to administer and enforce the covenants and restrictions governing the Entire Tract, and to collect and disburse all assessments and charges necessary for such maintenance, administration, and enforcement, all as hereinafter provided; and WHEREAS, Developer has caused to be incorporated under the laws of the State of New Jersey, a non-profit corporation known and designated as The Village Grande at English Mill Homeowners Association, Inc., as the entity to perform the aforesaid functions, and which are hereinafter more fully set forth in the Declaration; and WHEREAS, the Developer has heretofore subjected to the provisions of the Declaration all of the property described in Exhibit "A-I" and depicted on Exhibit "B-i" of the Declaration, 1241019.01 200_, constituting Phase as filed in the Office of the Clerk of Atlantic County on I of the Entire Tract, and WREREAS, the Developer desires to subject to the provisions of the Declaration and to incorporate into The Village Grande at English Mill the additional lands and improvements in Phase II, as described in -Exhibit "A-2" and shown on that certain map entitled "Exhibit Plan for Phase II, Village Grande at English Mill, consisting of approximately 80.69 acres and one hundred twenty-four (124) additional Homes dated 200_ and prepared by Consulting Engineer Services, which map is attached hereto and incorporated herein as Exhibit "B-2", and NOW THEREFORE, the Developer hereby amends and supplements the Declaration as follows: 1 The Developer hereby incorporates into The Village Grande at English Mill the additional lands and other improvements described in Exhibit "A-2" and shown in Exhibit "B-2" aforesaid; and 2 The Developer declares that such I lands and improvements are and shall be held, transferred, sold, leased, conveyed, occupied and used subject to the covenants, restrictions, conditions, easements, charges, liens and provisions set forth in the Declaration, as now or hereafter amended, all of winch are hereby incorporated by reference as though fully set forth herein; and 3. Except as expressly modified herein, all other terms and conditions of the Declaration shall remain in full force and effect and in the case of any conflict, the provisions hereof shall be deemed controlling. IN WITNESS WHEREOF, the Developer has caused this Declaration to be executed on the date first mentioned above. ATTEST: D.R. HORTON, INC. - NEW JERSEY a Delaware Corporation Mitchell Newman, Sr. Vice President 1241019.01 STATE OF NEW JERSEY ) )SS.: COUNTY OF ) lam an officer authorized to take acknowledgements and proofs in this State. On , 2010, (the "Witness") appeared before me in person. The Witness was duly sworn by me according to law under oath and stated and proved to my satisfaction that: 1. The Witness is the Secretary of D.R. HORTON, INC. - NEW JERSEY (the "Corporation") which is the Grantor in this Deed. Corporation. 2. The officer who signed this instrument is the Sr. Vice President of the 3. The making, signing, sealing and delivery of this instrument have been duly authorized by a proper resolution of the Board of Directors of the Corporation. 4. The Witness knows the corporate seal of the Corporation. The seal was affixed to this instrument by the Corporate Officer. The Corporate Officer signed and delivered this instrument as and for the voluntary act and deed of the Corporation. All this was done in the presence of the Witness who signed this instrument as attesting witness. The Witness signs this proof to attest to the truth of these facts. Sworn to and Subscribed ,Secretary before me, on this day of Notary Public 1241019.01 Exhibit A4 1241019. 01. consulting engineer services II Engineers, Planners, and Land Surveyors C February 4,2004 •LEGAL DESCRIPTION VILLAGE GRANDE AT ENGLISH MILL - PHASE U EXILBITPLAJ\TFOR PHASE H LANDS SITUATE EGG HARBOR TOWNSHIP, ATLANTIC COUNTY, NEW JERSEY Beginning at a point in the Northerly right-of-way line of High School Drive (50.00' Wide), said point being corner to Lot 10, Block 33.02 common with Lot 1, Block 3326, and extending from said point of beginning, Thence 1) Leaving the Northerly right-of-way, line of High School Drive, and running along the division line of Lot 1, Block 3326, common with Lot 10, Block 3302, North 04 Degrees 05 Minutes 00 Seconds West, a distance of 1191.20 Feet, to a point; Thence 2) Continuing said common division line, and along a curve curving to the right having a Radius of 240.00 Feet, with an interior angle of 34 Degrees 13 Minutes 08 Seconds, and an Are length of 143.34 Feet (Chord: N 85°34'52" W, 141.2l, to a point; Thence 3) Continuing along same, and along a curve curving to the right, having a Radius of 240.00 Feet, with an interior angle of 101 Degrees 19 Minutes 43 Seconds, and an Are length of 42444 Feet (Chord N 88"58'36" W, 371.25% to a point, Thence 4) Continuing along same, South 83 Degrees 36 Minutes 29 Seconds West, a distance of 53.90 Feet, to a point; Thence 5) Continuing along same, and along a curve curving to the right, having a Radius of 240.00 Feet, with an interior angle of 20 Degrees 59 Minutes 02 Seconds, and an Are length of 87.90 Feet (Chord: S 87°27'41" W, 87.4V), to a point; Thence North 04 Degrees 10 Minutes 38 Seconds West, a distance of 945.76 6) Feet, to a point; Thence 7) South 72 Degrees 29 Minutes 24 Seconds East, a distance of 558.50 Feet, to a point; Thence 8) South 01 Degrees 56 Minutes 38 Seconds East, a distance of 7.39 Feet, to a point; Thence 9) South 88 Degrees 40 Minutes 50 Seconds East, a distance of 2328.94 Feet, to a point; Thence 10) North 73 Degrees 57 Minutes 10 Seconds East, a distance of 308.35. Feet, to a point; Thence ii) South 21 Degrees 32 Minutes 10 Seconds West, a distance of 743.41 Feet, to a point; Thence 12) North 68 Degrees 27 Minutes 50 Seconds West, a distance of 871.20 Feet, to apoint; Thence 150 Delsea Drive, Suite 1, Sewell, NJ 08080 www.ces-l.com 856-232-2346 design@ces-1.com 856-228-2200 Fax NJ Certificate of Authorizaflon #A276725 • P:\2100-2199 • , , , •• '21.71 -OI\work\repoi-tsMegais217i-01-PHO2-DR.doc..s South 21 Degrees 32 Minutes 10 Seconds West, a distance of 500.00 Feet, to a. point; Thence 13) 14) North 68 Degrees 27 Minutes 50 Seconds West, a distance of 1274.31 Feet, to a point; Thence: 15) South 81 Degrees 06 Minutes 25 Seconds West, a distance of 14.88 Feet, to a point; Thence 16) South 04 Degrees 05 Minutes 00 Seconds East, a distance of 268.90 Feet, to a point; Thence 17) South 68 Degrees 27 Minutes 50 Seconds East, a distance of 2042.07 Feet, to a point; Thence 18) South 21 Degrees 32 Minutes 10 Seconds West,adistance of 750.00 Feet, to a point; Thence 19) Along the division line of Lot 24, Block 3325, common with Lot 1, Block 4001, North 68 Degrees 27 Minutes 50 Seconds West, a distance of 871.20 Feet, to a point; thence 20) South 21 Degrees 32 Minutes 10 Seconds West, a distance of 475.00 Feet, to a point in the Northerly right-of-way line of High School Drive, aforesaid; Thence 21) Along the Northerly right-of-way line of High School Drive, North 68 Degrees 27 Minutes 50 Seconds West, a distance of 565.27 Feet, to a point of curvature; Thence 22) Continuing along said Northerly right-of-way line, along a curve curving to the left, having a Radius of 300.00 Feet, with an interior angle of 03 Degrees 25 Minutes 19 Seconds, and an Ate, length of 17.92 Feet (Chord; N 70°10'30" W, 17;91'), to the point and place of beginning. }leteinabove described lands being all of Village Grande at English Mill "Phase II", contains 80.69 Ac.±, and is graphically shown on the plan entitled EXE[&F PLAN FOR PHASE U, VILLAGE GRANDE AT ENGLISH MILL, PLATE 33, BLOCK 3301, LOTS 9-11 & 18, BLOCK 3302, LOTS 10, 92-94,96-101, BLOCK 4001, LOTS 2, 3 & 6, EGG HARBOR TOWNSHIP, ATLANTIC COUNTY, NEW JERSEY, as was prepared by Consulting Engineer Services, dated 2/04. CES Job #2171-01. File #2171-01- PH02_DRH.dwg. • &GiQMQ,V MARGARET't)LIK, P.L.S. Nw Jersey License No. 38943 P:\21OO-21992171-01\work\rpors1eais\2171.O1-PHO2-DR}4oc-s Exhibit B-i 1241019.01 I! EXHIrr PLAN FOR PRASE - - 'AU.AP,E GRANDE ut 94U$14 MILL PA1E 33. BLOCK "-<- LO I-Il & 19, BLOCK ____________________ __________ - M WT;O, 2-4, -61, 8cU 4OI TftS • ar