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HomeMy WebLinkAboutCAROLINA FIRST BANK f' Book 01152:0464 Augusta - Richmond County 2007057242 11/14/2007 16:33:03.00 $0.00 AGREEMENT /11I111/111/lIlI/llIllllIll 11111 11111 111111111/ 1111111111111 2007057242 Augusta - Richmond County Return to: County Attorney's Office 701 Greene Street, Suite 104 Augusta, GA 30901 STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) THIS AGREEMENT, made and entered into this ~1' fJi day of Au.~f.f 61- , 2007, by and between AUGUSTA, GEORGIA, a political subdivision of th. State of Georgia (hereinafter referred to as "AUGUSTA"), and CAROLINA FIRST BANK, (hereinafter referred to as "BANK"); SUBORDINATION AGREEMENT WITNESSETH: WHEREAS, BARNYARD FLEA MARKET OF AUGUSTA, LLC, (hereinafter referred to as "OWNER") on March 1, 2006 gave to BANK a Security Deed to the property described on Exhibit A, to secure a certain indebtedness to BANK and said Security Deed is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 1041, page 1299 and Assignment of Leases and Rents dated March 1,2006 and recorded in said Clerk's Office on Realty Reel 1041, page 1308. WHEREAS, OWNER has granted an Easement dated ~1l6+ 31,. J/)01 to AUGUSTA across the property described on Exhibit A, the 0 ginal of which is to be recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia; and WHEREAS, BANK is willing to subordinate the lien of its said Security Deed dated March 1, 2006 and Assignment dated March 1, 2006 to any interest that AUGUST A may have in the above referenced easement. NOW, THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter contained and the duties to be undertaken, BANK does hereby agree and declare that the lien of the Security Deed from OWNER to BANK, dated March 1, 2006, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 1041, page 1299 and Assignment dated March 1, 2006 and recorded on Realty Reel 1041, page 1308, is and forever shall be subject, subordinate and inferior in lien right and dignity at all times to the easement from OWNER to AUGUSTA which is to be recorded in the aforesaid Clerk's Office. Book 01152:0466 Augusta - Richmond County 2007057242 11/14/2007 16:33:03.00 Exhibit A All that certain piece, parcel or tract of land, with the improvements thereon, if any, situate, lying and being in the 86th G.M.D. of Augusta, in the County of Richmond, State of Georgia, the same being shown and delineated as 44.88 Acres on a Boundary Survey prepared for Chaplin & Co. by Southern Partners, Inc., William F. Todd, Jr., RLS No. 2506, dated October 10, 2001, and according to said survey, having the following boundaries and measurements, to-wit: Beginning at a #4 Rebar Set in the easternmost corner of said tract, at the point of intersection of the western right-of-way line of Georgia Highway 56 Loop with the northern right-of-way line of Brooks Drive (665.60 feet N52011 '04"W from the GA DOT B.V. Mon. #121-207 SPC 1,239,567.88, 554,750.23); thence proceeding in a southwesterly direction along the northern right-of-way line of Brooks Drive the following two (2) courses and distances: along a curved line having chord bearing of S26039' 19"W, a chord length of 217.59 feet, a radius of 275.00 feet, for a distance of 223.71 feet to a Concrete Monument Found; thence S03019'37"W for a distance of 394.21 feet to a #4 Rebar Found; thence turning and running along properties designated on said survey as N/F Cheeks, William F. Pinkston-Bobby C. Brassell, Jr., and N/F Donald E. Cheeks N87040'51"W for a distance of2018.81 feet to a Concrete Monument Found; thence turning and running along property designated on said survey as Central of Georgia Railroad 100' R/W N0201 0' 42"W for a distance of 396.20 feet to a point; thence turning and running along property designated on said survey as N/F Georgia-Carolina Brick & Tile N37019'16"E for a distance of 423.80 feet to a point; thence turning and running along property designated on said survey as Anthoney Crane Rental, LP the following three (3) courses and distance: S40032'15''E for a distance of 356.70 feet to a #4 Rebar Found; thence N37019'15"E for a distance of 776.00 feet to a #4 Rebar Set; thence turning and running along the western right-of-way line of Georgia Highway 56 Loop the following four (4) courses and distances: S40047'47''E for a distance of 808.04 feet to a #4 Rebar Set; thence S49014'18"W for a distance of 10.00 feet to a #4 Rebar Set; thence S40045'42''E for a distance of 234.47 feet to a #4 Rebar Found; thence S40033'01''E for a distance of 168.35 feet to the #4 Rebar Set at the POINT OF BEGINNING, be all measurements a little more or less. , ,-' Map and Parcel No.: 111-0-027-02-0 Filed in this office: Augusta - Richmond County 11/14/200716:33:03.00 - - Eiaine-C:-Johnson- ~~~- Clerk of Superior Court o o ~.('l) cO ::l .. 0Cf) OCf) 'C .. c<D o~ EI'-- -50 a:0 IN co- 1ii~ ::l~ 0)- ::l~ <(~ LON ~~ 9.N NI'-- LOLO ;:0 01'-- ::.!o 00 SN WHEREFORE, BANK has caused this instrument to be executed by its duly authorized officers and seal affixed, all on the date above first written. 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