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Book 01152:0464 Augusta - Richmond County
2007057242 11/14/2007 16:33:03.00
$0.00 AGREEMENT
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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.
,
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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
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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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