Loading...
HomeMy WebLinkAboutGreenspace Program Grant Award Augusta Richmond GA DOCUMENT NAME: G r<.G~N Sf,4C G Pre O'J It"" l'Y) G-~", 1" (1 W,q- .<.tl DOCUMENT TYPE: A ~ ~ G GfrJ lZg...J\ YEAR: d DD ~ BOX NUMBER: J (p FILE NUMBER: J lR ;2 0 ct NUMBER OF PAGES: ~ 7 " :(. ':. .f -- , f' I ,"" ;; AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLtAM B. KUHLKE, JR. WM. "WILLtE" H. MAYs, III STEPHEN E. SHEPARD MARION WILUAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: lWALL@co.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tem June 27,2002 State of Georgia, Department of Natural Resources 205 Butler Street; Suite 1252 Atlanta, Georgia 30334 Augusta, Georgia c/o Lena Bonner, Clerk of Commission City-County Municipal Building; Room 806 530 Greene Street Augusta, Georgia 30911 RE: Georgia Greenspace Program Grant Award Agreement Gerald P. Spence, Sr. Our File No. AR-38-004-02 Dear Sirs/Madams: This is to certify that we have examined the title to the above said property in the proper office and, based on this examination, it is our opinion that fee simple title to the hereinafter described property is vested in Augusta, Georgia by virtue of a deed from Gerald P. Spence, Sr., as Grantor, to Augusta, Georgia, as Grantee, said deed being dated June 4, 2002, and recorded at Realty Book 793, pages 57-59, in the office of the Clerk of Superior Court, Richmond County, Georgia, The property conveyed, more particularly described in Exhibit "A" attached to the deed of conveyance, is free and clear of any encumbrances, with the following exceptions, to-wit: 1. A third-party interest held by the State of Georgia as referenced in the Georgia Greenspace Program Grant Award Agreement dated June 12, 2001 and recorded in the Office of the Clerk of the Superior Court for Richmond County, Georgia at Realty Book 755, pages 935-947 ("Agreement"). Said thirty-party beneficiary has the right to enforce the terms and conditions of the Agreement specifically in equity and at law; '1 t '- r . f State of Georgia, Department of Natural Resources Augusta, Georgia June 27, 2002 Page Two of Three 2. Rights and interests of parties in possession, if any; 3. Facts which might be disclosed by a physical inspection of said property or a current, accurate survey thereof; 4. Unrecorded claims of liens for labor, materials and services furnished for the improvement of said property; 5. Compliance with any consumer protection, truth-in-Iending or similar laws; 6. Matters affecting the title to said property which are either not of record or are not indexed in such manner as to be revealed by a reasonable and prudent search; 7. All applicable zoning laws, ordinances, regulations and all other governmental regulations pertaining to the use and occupancy of the property as set forth in the Agreement 8. This opinion does not address whether or not this property is in an area designated as having special flood hazards; 9. Declaration of Restrictive Covenants executed by Augusta, Georgia, dated June 16, 2002, and filed of record in the in the Office of the Clerk of the Superior Court for Richmond County, Georgia in Realty Book 795. p-ages 1728-1734, restricting the property to Greenspace property. i l' "- ~ .. . .. f .' State of Georgia, Department of Natural Resources Augusta, Georgia June 27,2002 Page Three of Three Enclosed herewith to the State of Georgia, Department of Natural Resources, please find the following: (1) copy of Commitment for Title Insurance; (2) copy of Final Title Policy; and (3) recorded copies of the deed of conveyance and Declaration of Restrictions and Covenants. The originals of these documents are being simultaneously forwarded to the Clerk of Commission for Augusta, Georgia. By: Jam s B. Wall Ci Attorney Augusta, Georgia 454 Greene Street Augusta, Georgia 30901 (706) 821-2488 Enclosures: Deed of Conveyance Declaration of Restrictions and Covenants Commitment for Title Insurance Final Title Policy cc: George Patty, Planning & Zoning BOB YOUNG Mayor RICHARD L. COLCLOUGH Mayor Pro Tern '; _ _4 f , ;: AUGUSTA-RICHMOND COUNTY COMMIS~ION ~ JAMESB. WALL CITY ATTORNEY '.....~, LEE BEARD ~ TOMMY BOYLES "'- ULMER BRIDGES ANDY CHEEK ROBBY G. HANKERSON WILLIAM B. KUHLKE. JR. WM. "WILLIE~ H.II1A\'S.1II STEPHEN E. SHEPARD MARION WILLIAMS P.O. Box2I25 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US June 27, 2002 GEORGE R. KOLB Administrator Ms. Lena Bonner Clerk of Commission City-County Municipal Building 530 Greene Street; 8th Floor Augusta, Georgia 30911 RE: Greenspace Closing - Gerald P. Spence, Sr. Our File No. AR-38-004-02 Dear Ms. Bonner: Enclosed for your files, please find the following documents: /1. /2. vi 4. Final Title Opinion, in letter form, prepared by Jim Wall and addressed to the State of Georgia, Department of Natural Resources, dated June 27,2002 . Original deed wherein Gerald P. Spence, Sr. conveyed the within referenced property to Augusta, Georgia, filed of record in the office of the Clerk of the Superior Court for Richmond County, Georgia, at Realty Book 793, page 57, et seQ.; Original Declaration of Restrictions and Covenants by Augusta, Georgia, filed of record in the office of the Clerk of the Superior Court for Richmond County, Georgia, at Realty Book 795, page 1728, et seQ.; C. It) &. FocZ.wMZ.[)EJ) Vj=>>6t.J C4c.t..l~r F2,.00'\ 2E.coa.OtA)C>-) ~ . ~ Original Commitment for Title Insurance issued by Harry B. James, III; and 'i T ., r ~ Ms. Lena Bonner June 27, 2002 Page Two of Two 5. Original Final Title Policy issued by Harry B. James, III. The original recorded deed and declaration should be retained as a part of the City's permanent records, along with the other documents I have enclosed herewith. Should you have any questions, please don't hesitate to call. Th. O).d& hannon M. Mitchell, Paralegal City Attorney's Office Augusta, Georgia Ism Enclosures cc: George Patty, Planning & Zoning .' ~ Return To: 'County AttOl:ney . 454G \ I , reene Street ~ugusta, GA 30901 .... Book 007951721. A!Jgusta - Richmond County 2002019717- 06/19i2d02 16:21 :0701 $0.00 DECLARATION RESTRICTIVE COVENA "~niiiiiiliujiiijliliijjmi"iimril imriilffiililiilliii 2002019717 Augusta - Richmond County " STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) DECLARATION OF RESTRICTIONS AND COVENANTS This declaration is made this II +k day of ~ ,2002, by AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant owns the property described on Exhibit "A" attached hereto and made a part hereof (the "Property") which property was acquired from Gerald P. Spence, Sr. by deed dated June 4, 2002, and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty Book 793, pages 57-59; and WHEREAS, the Property was acquired with Grant Funds pursuant to the Georgia Greenspace Program Grant Award Agreement dated June 12, 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia, (hereinafter the "Agreement"); said Agreement being filed of record in the Office of the Clerk of the Superior Court for Richmond County, Georgia at Realty Book 755, pages 935-947; and .. ----------.. B09~ 0079.5~1722 Augusta - Richmond County 2d020f9717 06/19/2002 16:21 :07.01 , i WHEREAS, Augusta, Georgia has designated the Property as Greenspace Property and has promised, inter alia, to operate and maintain such Property in such a manner as to achieve one or more of the nine statutory goals of the Georgia Greenspace Act (O.C.G.A. ~36-22-1, et seq.) including, protecting or enhancing water quality, providing flood protection, providing natural habitat and corridors for native plant and animal species, protecting archaeological and historic resources, providing passive recreation, or providing connective links between lands contributing to the goals of the Georgia Greenspace Act, and Declarant agrees to restrict the user of the Property as provided herein. NOW, THEREFORE, for and in consideration of Ten and no/100 Dollars ($10.00) and for other good and valuable consideration, including the receipt of said Grant funds, the receipt and adequacy of which is hereby acknowledged and intending to be legally bound, Declarant does hereby subject the property to the covenants, restrictions and rights herein stated: 1. Definitions. For purposes of this Declaration, the following terms shall have the following meanings, unless the context requires otherwise: (a) "Conservation Easement" means a non-possessiary interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water 2 " Bobk 00795:1723 Augusta - Richmond County 200201971706/19/2002 16:21 :07.01 ' quality; or preserving the historical, agricultural, archaeological, or cultural aspect of real property. (b) "Georgia Greenspace Act" shall mean a.c.G.A. 36-22-1 936-22-1, et seq. (c) "Grant Agreement" shall mean that certain Georgia Greenspace Program Grant Award Agreement dated June 12, 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia. (d) "Greenspace" shall mean permanently protected land and water, including agricultural, and forestry land whose development rights have been severed from the property, that is in its undeveloped, natural state and that has been developed only to the extend consistent with, or is restored to be consistent with, one or more of the following goals: 1) Water quality protection for rivers, streams, and lakes; 2) Flood protection; 3) Wetlands protection; 4) Reduction of erosion through protection of steep slopes, areas with erodable soils, and stream banks; 5) Protection of riparian buggers and other areas such as marsh, hammocks that serve as natural habitat and corridors for native plant and animal species; 6) Scenic protection; 3 ~ .~ " ----- . Book 007951724 Augusta - Richmond County 200201971706/19/2002 16:21 :07.01 7) Protection of archaeological and historic resources; 8) Provision of recreation in the form of voting, hiking, camping, fishing, hunting, running, jogging, biking, walking, skating, birding, riding horses, observing or photographing nature, picnicking, playing non- organized sports, or engaging in free play; and 9) Connection of existing or planned areas contributing to the goals set out in this paragraph. Public access is not necessary for property to be counted as Greenspace. (e) "Land Trusf' shall mean Southeastern Natural Sciences Academy Land Trust, Inc., a nonprofit corporation organized and existing under the laws of the State of Georgia, its successors and assigns. 2. Conservation Easement. Grantor hereby subjects said Property to a Conservation Easement that ensures that the land will be maintained as Greenspace as defined in the Rules for the Georgia Greenspace Program, Rule 391-1-4-.01, et seq., incorporated herein by reference, in effect at the time of this Declaration. 3. Use. The operation, use and maintenance of the Property, and any improvements, shall be subject to and shall comply with the Conservation Easement. 4. Covenants Runnina with the Land. Declarant acknowledges and agrees that the Conservation Easement is appurtenant to and runs with the land, 4 . - ~ Book 007951725 Augusta - Richmond County 2002019717 06/19/2002 16:21 :0.7.01- and shall be binding and enforceable against Declarant, its successors and assigns, and any Trustee appointed to manage the Property. The Conservation easement shall inure to the benefit of the State of Georgia, the Land Trust, and their respective successors and assigns, and shall be enforceable by the State of Georgia, its agents or assigns, and Land Trust, its successors and assigns, in the Superior Court of Richmond County, Georgia. 5. Severabilitv. In the event that any of the provisions contained in this Declaration shall for any reason held to be invalid, illegal or unenforceable in any respect in a final ruling or judgment of a court of competent jurisdiction from which no appeal has been or can be taken, the remainder of the Conservation Easement shall not be affected thereby and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. 6. General Provisions. (a) Headinos. The use of headings, captions and numbers in this Declaration is solely for the convenience (b) Non-Waiver. Failure by any party to complain of any action, non- action or breach of any other party shall not constitute a waiver of any aggrieved parties' right hereunder. Waiver by any party of any right arising from any breach of any other party shall not constitute a waiver of any other right arising from a subsequent breach of the same obligation or for any default, pass, present or future. (c) Time is of Essence of This Declaration. 5 . "- Book 007951726 Augusta - Richmond County ., 2002019717 06/19/2002 16:21 :07.01 (d) Applicable Law. This Declaration shall be governed by, constructed under, and interpreted and enforced in accordance with the laws of the State of Georgia. (e) Venue. Any action to construe or enforce this Covenant shall be filed in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on the day, month and year first above written. DECLARANT: By: ( ~ As Its: Mayor By: Wi ess ~: u"___ fu.~dQ Notary Public Richmond County, Georgia My Commission Expires: e ~J:lANNtJN M. MITOMMbb ~MIi' NOl8FY ~llbll@ . ~ sfAfE ~I= ijE~~t3IA ." MV 80ffiffi: El(p: ~ H 1108 6 ------.... -I .. " . . 8001<.00795:1727 Augusta - Richmond County 2002019717 06/19/2002 16:21 :07.01 . . EXHIBIT "A" All that lot or parcel of land together with all improvements thereon, situate, lying and being in Richmond County, Georgia, and containing 25.59 acres more or less, and being more particularly shown on a plat prepared by George L. Godman Associates dated January, 1981, and designated thereon as Tract "B" which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 121, pages 1339-44, and to which plat reference is hereby made for a more accurate description as to metes, bounds and location of said property and by reference hereto hereby made a part hereof. PIN No. 107-0-035-00-0. Meadowbrook Drive. .' ----..... Filed in this office: Augusta - Richmond County "..----J~h!1 'l!':'lnry') ... eq.'")1 '07 n1 . Elaine': :"'rnsori - . - , -1 -' ,. ","::..; . . .. . \ ',' .,:: '""'. ." ;. ~ .... . ,," . ,. '....f .- . Return To: County Attorney 'I . 454 Greene Street . lugusta, GIe 30901 , ..------ Book 00793'0057 Augusta - Richmond County 200201793606/061200210:33:41.00 $000 WARRANTY DEED / I Ii iiillfirriimUlliiii iiimiiii iilii1tii1 i iiii inillli ii 2002017936 Augusta - Richmond County ------ ;, STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) THIS INDENTURE, made this 4~ day of ~ , 2002, by and between GERALD P. SPENCE, SR., as party of the first part, and Augusta, Georgia, a political subdivision of the State of Georgia, as party of the second part; WITNESSETH: That the party of the first part, for and in consideration of the sum of One Eight Thousand ($8,000.00) Dollars, in hand paid, at or before the sealing and delivery of these presence, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presence does hereby grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, the property more fully described in Exhibit "A" attached hereto. This conveyance is made subject to the Georgia Greenspace Program Grant Award Agreement, dated June 12, 2001, by and between the State of Georgia, Department of Natural Resources, and Augusta, Georgia; said Agreement being filed of record in the Office of the Clerk of the Superior Court for Richmond County, Georgia at Realty Book 755, pages 935-947. Grant funds under said Grant Agreement have been used in the acquisition of the above described property, and the State of Georgia is a 1 " "> Book 007930058 Augusta ~ Richmond County .. 2002017936 06/06/2002 10: 33:41, 00 third-party beneficiary of said Grant Agreement, and has a right to require specific performance of said Grant Agreement and require that the property be returned to the use as provided in said Grant Agreement. TO HAVE AND TO HOLD the said property, together with all and singular of the rights, ways, easements and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only property use, benefit and behoof of the said party of the second party, its successors and assigns, in fee simple, forever. And the party of the first part, his successors and assigns, do warrant and will forever defend the right and title to the above described property unto the said party of the second part, its successors and assigns, against the claims of all persons whomsoever. IN WITNESS WHEREOF, the party of the first part has caused this instrument to be executed this deed of conveyance the day and year first above written. ~~~~ Signed, Sealed and Delivered in the Presence of: . ~ ~.:{:~ Notary Public Richmond County, Georgia My Commission Expires: =-' . .5-_ . ----------, Book 00793:0059 Augusta'- Richmond County 2002017936 06/06/2002 10: 33: 41,00 " EXHIBIT "A" All that lot or parcel of land together with all improvements thereon, situate, lying and being in Richmond County, Georgia, and containing 25.59 acres more or less, and being more particularly shown on a plat prepared by George L. Godman Associates dated January, 1981, and designated thereon as Tract "B" which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 121, pages 1339-44, and to which plat reference is hereby made for a more accurate description as to metes, bounds and location of said property and by reference hereto hereby made a part hereof. PIN No. 107-0-035-00-0. Meadowbrook Drive. r-- Filed in this office: Augusta - Richmond County 06/06/2002 10~3-1:4100_ ..------EI~~~ C. Johnson ---. 38\fl:l3^08 v.JOl:l:J SNOISnl8X3 :)0 UOSEaJ ^q as!JE 4:J!4M sasuadxa JO saa) ,S^aUJOllE 'SISO:J 'a5ewep JO ssol ^ed IOU II!M ^uedw08 a41 pue ^:Jllod S!41 )0 a5eJa^0:J aljl WOJ) papnl:Jxa ^ISSaJdxa aJE SJalleW 5U!MOII0) a41 'Jo)!paJ:J uall JO luaw5pnr e JO anlE^ JO) JaSe4:JJnd E 01 a:J!jou lJedw! 01 UO!lepJo:JaJ 4:Jns)0 (!!) JO :Ja)SUeJl )0 lUawnJlSU! a41 pJo:JaJ ^laWll 01 (!) :aJnl!e) a41 WOJ) SllnsaJ Ja)SUeJlle!lUaJa)aJd a41 aJaljM lda:Jxa Ja)SUEJlle!IUaJa)aJd e pawaap 5u!aq ^:Jllod S!Lll ^q paJnsu! IsaJalU! JO alElsa a4) 5ulleaJ:J uOlpeSueJl a41 (q) JO :Ja)SUEJllUalnpneJ) JO a:Jue^a^uo:J lualnpneJ) e pawaap 5ulaq ^:Jllod S!41 ^q paJnsul ISaJalUI JO alelsa a41 5u!leaJ:J UO!PESUEJl aljl (e) :uo paseq S! leljl 'sMel Sl451J ,SJOllpaJ:J Jel!W!S JO '^:Jua^IOSUI alelS '^:JldnJ>\uEq IEJapa) )0 UO!leJado a41 )0 uoseaJ ^q '^:Jllod SILll ^q paJnsu! ISaJalUI JO alElsa aljl paJnsUI aljl UI 5u!ISa^ uo!peSUeJl aLll )0 lno SaS!JE 4:J!4M 'wlep ^u'rj '\1 '^:J!lod S!41 ^q paJnsu! ISaJalU! JO alelsa a41 JO) anle^ Pied pelj luewlep pamsu! a41 )! paU!elSnS uaaq a^e4 IOU PlnoM 4:J!4M a5ewep JO ssol U! 5u!llnSaJ (a) JO :^:J!IOd )0 ale a 01 luanbasqns paleaJ:J JO 5u!4:Jelle (p) :IUEW!EP pamsu! a41 01 a5ewep JO ssol OU UI 5u!llnSaJ (:J) :^:Jllod S!ljl Japun paJnsu! ue awe:Jaq lUeW!ep pamsu! aljl alep a41 01 Joud luewlep pamsu! aljl ^q ^uedw08 a41 01 5U!l!JM U! pasops!p IOU pue lUEW!ep pamsul a41 01 UMOU>\ lnq '^:J!IOd )0 alea Ie spJo:JaJ :J!lqnd a41 U! papJo:JaJ )OU '^uEdw08 a41 01 UMOU>\ IOU (q) :lueW!ep paJnsu! a41 ^q 01 paaJ5e JO pawnsse 'paJajjns 'paleaJ:J (E) :SJalleW Ja410 JO sw!ep aSJa^pe 'sa:JuEJqwn:Jua 'suall 'Spa)aa T 'a5paIMoU>\ ln041!M anle^ JO) JaSeLl:Jmd E )0 S145!J aljl uo 5u!pu!q aq PlnoM lj:J14M ^:JIIOd )0 alEa 01 JO!Jd paJm:J:Jo se4 4:J14M 5u!>\el ^ue a5eJaAO:J WOJ) 5u!pnpxa IOU lnq '^:JIIOd )0 alea Ie spJo:JaJ :J!lqnd a41 U! papJo:JaJ uaaq se4 )OaJa41 aspJaxa a4) )0 a:J!IOU ssalun u!ewop lUaU!Wa )0 S145!H 'G '^:JIIOd )0 ale a Ie spJo:JaJ :Jllqnd a41 U! papJo:JaJ uaaq selj pUEI aljl 5u!pajje UO!leIOl^ pa5allE JO UO!lelol^ e WOJ) 5UIlInSaJ a:JuEJqwn:Jua JO uall 'pa)ap e )0 a:J!IOU E JO )OaJa41 as!:JJaxa a41 )0 a:J!IOU E le411ualxa aljl 01 lda:Jxa 'aAOqe (e) ^q papnpxa IOU JaMod a:Jllod lelUaWUJa^05 ^u'rj (q) '^:JIIOd )0 alea Ie spJo:JaJ :Jllqnd a41 U! papJo:JaJ uaaq SE4 puel aljl 5u!j:Jajje UO!lelo!^ pa5alle JO UO!lelo!^ e WOJ) 5u!jlnSaJ a:JueJqwn:Jua JO ua!1 'pa)ap E )0 a:J!IOU E JO )OaJaljl luawa:JJo)ua a41 )0 a:J!IOU e le41 lualxa a41 01 lda:Jxa 'SUO!IEln5aJ IElUaWUJa^05 JO sa:JuEU!pJO 'sMel asa41 )0 UO!leIOIA ^ue )0 pajja a41 JO 'uo!j:JalOJd IElUaWUOJ!Aua (fIl) JO :IJed e seM JO S! pUEI a41 4:J!4M )0 la:JJed ^UE JO puel a41 )0 eaJE JO suo!suaw!p a41 U! a5uelj:J E JO d!4SJaUMO U! UOllEJEdas E (!!!) :puel a41 uo papaJa Jal)eaJa4 JO MOU lUaWaAOJdw! ^ue )0 UO!le:Jol JO suo!suaw!p 'JapeJelj:J a41 (i1) :puel a41 )0 lUaW^o[ua JO 'asn '^:JuEdn:J:Jo a41 (!) 01 5u!lelaJ JO 5u!l!q!40Jd '5u!leln5aJ '5u!l:JUlSaJ (sUO!leln5aJ JO 'sa:Jueu!pJo 'SMel 5u!uoz pue 5u!Plmq 01 pallwlllOU lnq 5u!pnpul) UO!IEln5aJ lelUaWUJaA05 JO a:Jueu!pJo 'Mel ^u'rj (e) .~ allll alqela~JeW )0 ^Ja^\lap a~l 5u\JtnbaJ UOlllpUOJ lelllJ8JIUOJ e jO anpl^ ^Q ase~JJIld 01 UOlle511QO a~l WOJj paSealaJ aQ 01 l! alnpa~~s UI paq\J~sap IsaJalUI JO alelsa a~llo Jase~JJIld e allllua PlnOM ~JI~^'. 'a5eJa^0~ WOJI paldaJxa JO papnpxa loupuel a~l 01 all\l a~1 5ul13ajje Jallew lUaH?dde JO pa5alle ue ."allll ;)~IIO ^)ipqela~JeWun" (5) paleJOI SI puel a~1 ~JI~M UI P\J1S'P a~1 JOI1JllO~ 13iJi:>IP salelS pallun a~l)O ~Jap a~1 je spJO~aJ a~l UI pap) suall uOlpalOJd leIUaWIIOJI^Ua apnl~ul OSle Ile~s "spJoJaJ J\lqnd.. 'a5eJaM:J IUOJj suoIsnpx3 a~1 jO (^II(el ~ uOI)~as 01 l~adsaJ ~)iM 'a5palMoUi lno~IIM Due allle^ JOI sJase~J -JIld 01 ^IJadoJd leaJ 01 5uIlelaJ sJallelU 10 aJi)ou a^ll~nJ1S -UO~ 5UIlJedwI jO asodJlld a~l JOj ^~\lOd )0 ale a Ie salnlelS alelS Japun pa~slIqelsa spJoJaJ "spJO~aJ Jllqnd.. 0) juawIlJ1SUI ^IIJIlJaS Ja~IO JO 'paap ISnJl 'ISIlJj )0 paap 'a5e5)JOLU..a5e5poLU.. (a) ^J\lod SI~l ^q paJllsul SI puel a~1 WOJj pue 01 ssa~~e 10 Ilj51J e ~JI~M 01 walxa aliI )iw\I JO ^)IPOW lIe~s ulaJa~ 5ul~IOU Inq 'S^eMJaleM JO s^eM 'sauel 'S^alle 'sanua^e 'speOJ 'slaaJIS 5U111nqe UI luawasea JO alelsa 'lSaJalul 'alII) '1~5IJ ^ue IOU W) alnpa~~s UI 0) pamlaJ JO paqlJ~sap eaJe a~1 )0 S81111 a~l pUo^aq ^lJadoJd ^ue apnpul IOU saop ..puel.. WJal a~l^padoJd leaJ alnlllsuo~ Mel.\q ~~I~M OlaJa~l paxljje SlUalllaMJdwl plle'M alnpa~JS UI 01 paJJajaJ JO paq\JJsap puel a~l ..puel.. (P) pilei a~l 5UllJajje sJa) -lew )0 aJllou aMpnJISUOJ IJedwl ~JI~M spJOJaJ Ja~IO ^ue JO ^Jllod SI~I UI pauljap se spJoJaJ Jllqnd a~l jO UoseaJ ^q paJllsUI ue 01 palndLUI aq ^ew ~JI~M aJI10U JO a5palMOUi a^I)JnJISuOJ IOU "a5paIMOu>\ leilpe.uMOu~.. 10 a5paIMOu>\. (~) 'a5ewep JO SSOI DUlwlep paJllsUI ue.luewlep paJllsul.. (q) .sJOSsa~JIlS ^JeIJnPIJ JO aleJOdJoJ JO 'UI>\ )0 lxau 'sa^lleluaSaJdaJ leUOsJad 'SJO^I^Jns 'saaSIAap 'saalnq\J1Slp 'SJla~ '01 pa)iwll IOU lnq '5U1pnpUI ase~~JIld WOJI paljstn5uI)sIp se Mello uOl)8Jado ,\q paJllsul paweu aljl 10 ISaJalUI aljl 01 paaJJns OIjM aSoljl 'paJllsul paweu a~11sule5e pe~ a^e~ PlnoM ^uedwo:J a~1 sasualap JO Sl~51J ^ue 01 palqns 'pue 'Ii alnpa~JS UI paweu paJllSul a~l..paJllSul.. (el maw ^~llod SI~) UI pasn ua~M sWJal 5UIMOII01 a~l 'SWII31 :JO NOIIINI:J30 . ~ '31111 :JO 3::1NVA3^NO::l 1131:JV 3::1NVllnSNI :JO NOIIVnNIINO::l 'Z . . .,. ". SNOI1VlndllS ONV SNOllI0NO::> ilJlep le~l 01 se ^~lIod SI~l Japun ^uedwo:J a~l )0 ^l\llqell ^ue aleUlwJallle~s 'UOI) .eln5aJ le1UaWUJa^05 JO Mel ^q pa)iql~oJd ssalulI '~deJ5eJed SI~l UI paJlnbaJ se SallJed PJI~1 WOJj UOI)eWJO)UI ^Jessa~au ^lqeuoSeaJ aJll~as 01 uOlsslwJad lueJ5 JO UOlleWJolul pa -lSanbaJ ^lqeuoSeaJ Ja~IO aJnpoJd '~leo Japun uOlleUlwexa lOI )lwQns olluewlep paJllsul a~l )0 aJllllej 'wlep a~l 10 uOlleJj -s!ulwpe a~l UI ^Jessa~au Sill '^uedwo:J a~l jO )uaw5pnl alQe -UOseaJ a~l UI 'ssalun SJa~IO 01 pasopslp aq 10~ Ile~s uOi)Jas SI~1 Olluensmd ^uedwo:J a~l 01 papl^oJd luewlep paJllsul a~l ^q le!IUap!)Uo~ se paleu51sap uOllew.lolul lIl!a5ewep JO SSOI a~l 01 ulelJad ^lqeuoSeaJ ~J!~M '^ped PJI~l e 10 IOJ1UOJ JO .~POl -snJ a~l UI epueJOwaw pue aJuapuodsaJJO~ 's~Ja~J 'sJa5pal 's>\ooq 'spJo~aJ lie Mo~ pue padsul 'aulwexa 01 ^uedwoJ a~l jO aAi)eluaSaJdaJ paZIJo~lne ^ue JOI '5u'llJM UI 'UOISSIW -Jad SlllueJ5 lIe~s luewlep pamsul a~l '^uedwo:J a~l jO aAll .eluasaJdaJ pazlJo~lne ^ue ^q palSanbaJ II 'Ja~lJll:J 'a5ewep JO ssol a~l OJ U1elJad ^lqeuoSeaJ ~~I~M '^J'IOd )0 aleo JaHe JO aJojaq alep e 5uIJeaq Ja~la~M 'epueJOwaw pue a~uapuods -aJJO~ 's~~a~J 'sJa5pal 's~ooq 'spJoJaJ lie '^uedwo:J a41 jO aAlleluaSaJdaJ pazlJo~lne ^ue!q paleu51sap aq ^ew se sa~eld pue sawlj alQeuoSeaJ ~Jns Ie '5ulMo~ pue uOIj~adsul 'UO!1 -eu!wexa JOI aonpoJd lIe~s pue ^uedwoJ a~llo aAlleluaSaJdaj paz!lo~lne ^ue ^q ~leo Japun uOlleulwexa olllwqns 01 paJ!nb -aJ aq ^lqeuoSeaJ ^ew lUewlelJ paJllsUl a~1 'uolllppe UI 'a5ewep JO SSOI )0 )oOJd ~~ns 5uIJiIlbaJ SJallew JO JalleW a~l 01 pJe5aJ ~llM 'uolje5lj\l ^ue anuljuo~ JO 'aln~a -sOJd 'pualap 01 uOlj85\1qo JO ^llllq8\1 ^ue 5U1pnpul 'aleUlwJal lIe~s ^J\lod a~l Japun paJllsUI a~l 01 suolje511qo s.^uedwo:J a~l 'a5ewep JO SSOI jO )oOJd paJlnbaJ n~1 apl^oJd 01 lueW!ep pamsul a~l )0 amlle) a~l ^q pa~lpnraJd 51 ^uedwo:J a~1 jl 'a5ewep JO SSOI a~l )0 lunowe a~15U1lelnJleJ 10 slseq a~l 'alq -Issod lualxa a~l Ol'alels lIeljS pue a5ewep JO SSOllo slseq a~l JO luaw^ed)o aW!1 a41 01 dn '^uedwo:) a41 ^q paZp04\fle aJ2M ~O!4M 'IUeW!elO pamsu! a~1 ^q paJmou! sasuadxa pue saaj ,sAauJolle 'SISOO ^ue 4V,M JaLlla601 kl!led SiLlI Japun aouemsu! 10 lunowe a~1 jO luawAed Japual JO Aed 01 (!) 'aouemsul jO lunow'rj a~1 jO luaw^ed Japual JO Aed 01 (e) suoi)do leuolllppe 5u1M01I0; a~l a^E~ lIe~s ^uedwo:J a~l '^~lIod SI~l Japun wlep e 10 ase~ UI 'All1ll1VI1 :JO NOIIVNIWII31 :SWIV1::1 31113S 3SIMII3HI0 110 AVd 01 SNOlldO '9 ., '.' '^uedwo:J a~l )0 luasuo~ uaU!lM Jopd a~llnO~IIM llnS JO WlelJ ^ue 5u!lllaS UI pamsUI aLll ^Q pawnsse ^IIJelUnIO^ ^llllqe!l JO) paJllsul ^ue 01 allewepJO SSOI JOlalqell aq IOU lIe~s ^uedwo:J a41 (~) 'paJllSUI se alllj a~l 01 aSJa^pe 'woJ)aJa~l sleadde lie 10 uOljlsodSlp pue 'UOlp!pslm[ lualadwo~ 10 pnOJ e ^q uOlleUIWJalap leUl) e uaaq SEll aJaljll!lUn a5Ewep JO SSOI JOI ^l!llqe!l OU ai\E~ IIEljS ^uEdwoJ a41 'luasuo~ S,^uEdwo:J a~l ~IIM JO ^uedwoJ a~l ^q uOllelll11l5u!pnpul'uolje51j1l ^ue jO )UaAa a~l UI (ql 'Oluel OJd a~uemsUl a~l jO lunowe a~l a~npaJ lIe~s 'sasuadxa pue saal ,s^auJOlle 'SlSO~ JOI apew SlUaw^ed lda~xa '^~llod SI~l Japun Sluaw^ed Ill! 'A1ll1l1VI1 :JO NOIIVNIWII31 110 N0l1::1n0311 :3::1NVlInSNI :JO N0l1::1n0311 '0 ~ 'JaUMO paJnsul a~l 01 ^~llod S!41 Japun lUaw^ed e pawaap aq lIe~s Pled OS lunowe a~l pUE "tJ alnpa4~S UI 01 paJJajaJ JO paqlJ~sap lSaJalUI JO alelsa a~1 uo uall JO a5Je4~ E S! Ll~!~M pue pamsul ue ^q palnJaXa JaHeaJa~ S! ~~I~M JO 'l~arqns ualjel JO 'pawnsse 'paaJ5e se~ pamsu! a~l ~~I~M 01 JO 8 alnpa~~s U! ua>\el SI uOljda~xa ~O!LlM 01 a5E51JOw e 5upnsuI ^Jllod ^ue Japun ^ed ^ew ^ued -woJ a411unowe ^UE ^q pa~npaJ aq lIe~s ^~!Iod S!~l Japun aouemsul 10 lunowe a~lle~l p001SJapUn ^ISSaJdxa S! II '3^IIV1nWn::lNON All1ll1VI1 . ~ ~ U! lsaA IIELlS uOljeooJqns jO 1~5u liE '^~lIod JI~l !'lpun wlep e pled pue palllas aAe~ lIe~s ^uedwoJ a~l JaAaua~M' 'uoneDOJqns 10 IllU!1I s,Auedwo:l Bill (el 'lN3W31113S 110 IN3WAVd NOdn NOIIV901l1lnS .t~ 'JaHeaJa~l s^ep DC ul~IIM alqE^ed aq lIe~s a5ewep JO SSOI a~l 'sUOljelndllS pue SUO!IIPUOJ asa~l ~lIM aouepJO~JE UI pax!1 ^lallu1lap uaaq se~ a5Ewep JO SSOIIO lualxa aLll pue ^llllqe\l ua~M (q) '^uedwoJ aLlI jO UOlpEjSljeS a41 01 pa~Sluml aq lIe~s UOll -~nJjSap JO SSOIIO 100Jd aSEO ~~!~M UI 'pa^OJ1Sap JO ISO I uaaq se~ ^Ollod a~l ssalun luaw^ed a~llo lUaWaSJopua JOI ^~\lod S!~15ulJnpoJd lno~lIM apew aq lIe~s lUaw^ed ON (e) 'SS01 :JO IN3WAVd 'U ;.'1 .1. . . J, ...- .. 'J" '. Schedule A for use with Owner's Policy Attorneys J Title Guaranty Fund, Inc. SCHEDULE A Agent's File No: 538 Policy No. GF-OP-53895 Date of Policy: June 27, 2002 1 :00 P.M. Amount of Insurance: $8,000.00 1. Name of Insured: AUGUSTA, GEORGIA, a political Subdivision of the State of Georgia 2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows: Fee Simple 3. Title to the estate or interest referred to herein is at the Effective Date of this Policy vested in the Insured. 4. The land herein described is encumbered by the following mortgage and assignments, if any: None And the mortgages, if any, shown in Schedule B hereof. 5. The land referred to in this policy is in the State of and is described as follows: Georqia County of Richmond All that lot or parcel of land together with all improvements thereon, situate, lying and being in Richmond County, Georgia, and containing 25.59 acres more or less, and being more particularly shown on a plat prepared by George L Godman Associates dated January, 1981, and designated thereon as Tract "B" which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 121, pages 1339-44, and to which plat reference is hereby made for a more accurate description as to metes, bounds and location of said property and by reference hereto hereby made a part hereof. PIN No. 107-0-035-00-0. Meadowbrook Drive. Harry B. James. III By: 'J 1.. -J "' . . ... ,- 1, . ~. Schedule B For Use With Owner's Policy Attorneys I Title Guaranty Fund, Inc. SCHEDULE B Agent's File No: 538 Policy No. GF-OP-53895 This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses which arise by reason of the following exceptions: General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien. or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accredit to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions 7. The mortgage, if any, referred to in Item 4 of Schedule A. . . .-'" r"~ '" ." '. .. .. '. .' ,- ~ , .. The coverage of this policy shall continue in'fo'rce as of Date of Policy in favor of an insured only so long as the Insured _ retains an estate or interest in the land. or holds an indebted- ness secured by a purchase money mortgage given by a purchaser from the insured. or only so long as the insured shall have liability by reason of covenants of warranty made by the Insured In any transfer or conveyance of the estate or interest. This pOlicy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land or (ii) an indebtedness secured by a purchase money mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BV INSUREO CLAIMANT. . The insured shall notify the Company promptly in writing (I) In case of any litigation as set forth In Section 4( a) below. (ii) in case knowledge shall come to an insured hereunder of any claim of title or Interest which is adverse to the title to the estate or interest. as insureo, and which might cause loss or damage for which the Company may be liable by virtue of this policy. or (iii) if title to the estate or interest. as insured. IS rejected as unmarketable If prompt notice shall not be given to the Company. then as to the insured all liability of the Com- pany shall terminate with regard to the matter or matters for which prompt notice is reqUired: provided. however, that failure to notify the Company shall in no case prejudice the fights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon writtenreQuest by the insured and subject to the options contained In Section 6 of these Conditions and Stipulations. the Company. at its own cost and without unrea- sonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title -" interest as insured. but only as to those stated causes 01 action alleging a defect. lien or encumbrance or other matter insured against by this policy. The Company shall have the fight to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represenl the Insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counseL The Company wdl not pay any fees. costs or expenses incurred by the Insured In the defense of those causes of action which allege matters not Insured against by this poliCY. . . (b) The Company shall have the right. at its own cost. to institute and prosecute any act,on or proceeding or to do any other act which In ItS opinion may be necessary or desirable to establish the Ii tie to the estate or Interest. as insured, or to pre- vent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder. and shall not thereby concede liability or waive any provision of this policy. If the Company shall exerCise ItS fights under this paragraph. It shall do so diligently (c) Whenever the Company shall have brought an actionor Interposed a derense as reqUIred or permitted by the prOVISions of ,hiS policy, the Company may pursue any litiga- tion to final determinatIOn by a court of competent jurisdiction and expreSSly reserves the right. in its sole discretion. to appeal from any adverse judgment or order (d) In all cases where this policy permits or requires the Company to prosecute or prOVide for the defense of any action or proceeding. the Insured shall secure to the Company the fight to so prosecute or prOVide defense in the action or pro- ceeding. and all appeals therein. and permit the Company to use. at ItS option. the name of the insured for this purpose. Whe~ever requested by the Company, the insured, at the Com- pany s expense. shall give the Company all reasonable aid (I) In any action or proceeding, securing evidence, obtaining wit- nesses. prosecuting or defending the action or proceeding. or eHectlng settlement. and (II) In any other lawful act which in the opinion of the Company may be necessary or deSirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation. the Company's obligations to the Insured under the poliCY shall terminate. including any liability or obligatIOn to defend, prosecute. or continue any litigation, With regard to the matter or matters requiring such coo;>eration 5. PROOF OF LOSS OR DAMAGE. In addiIion to and after the notices required under Section 3 of these Conditions and Stipulations have been prOVided the Company. a proof of loss or damage signed and sworn to by the Insured claimant shall be furnished to the Com~any within 90 days after the Insured claimant shall ascertain the facts giVing flse to the loss or damage The proof of loss or damage shall describe the defect In. or lien or encumbrance on the title or other matter insured against by this poliCY which constitutes tender of payment and which the Company is obligated to pay. . . ,(II) upon the exercise by the Company of this option, . all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than. the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the r,Jme of an insured claimant any claim insured against under thiS poliCy. together with any costs. attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the. Company is obligated to pay: or (II) to payor otherwise settle with the insured claim- ant the loss or damage provided for under this policy, together With any costs, attorneys' fees andexpenses incurred by the Insured claimant which were authOrIZed by the Company up to the time of payment and which the Company is obligated to pay Upon the exercise by the Company of either of the options prOVided for In paragraphs (b)(i) or (II). the Company's obli- gations to the Insured under this policy for the claimed loss or damage. other than the payments required to be made. shall terminate, including any liability or obligation to defend, pros- ecute or continue any litigation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy IS a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of mat- ters Insured against by this policy and only to the extent herein described. (a) The liability of the Company under this poliey shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A' or (ii) the difference between the value of the insu'red estate or interest as insured and the value of the insured estate or interest subject to the defect. lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the Insured estate or interest or the full consideration paid for the land. whichever is less. or if subsequent to the Date of PoliCY an improvement is erected on the land Vlhich in- creases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A then this Policy is subject to the following , (I) where no subsequent improvement has been made. as to any partial loss. the Company shall only pay the loss pro rata In the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or Interest at Date of PoliCY: or (ii) where a subsequent Improvement has been made. as to any partial loss, the Com- pany shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and' the amount expended for the ir:1provement. The pr?vlsions of this paragraph shall not apply to costs, attorneys fees and expenses for which the Company is liable under thiS poliCY. and shall only apply to that portion of any loss which exceeds. in the aggregate. 10 percent of the Amount of Insurance stated In Schedule A (c) The Company will pay only those costs. attorneys' fees and expenses Incurred In accordance with Section 4 of these Conditions and Stipulations 8. APPORTIONMENT. If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site. and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of Insur~nce under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole. exclusive of any Improvements made subsequent to Date of Policy, unless a liability or value has ctherwise been agreed upon as to each parcel by the Company and the insured at the time of the Issuance of this policy and shown by an ex- press statement or by an endorsement attached to this policy 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title. or removes the alleged defect. lien or encumbrance, or cures the lack of a right of access to or from the land. or cures the claim of unmarket- ability of title, all as insured. In a reasonably diligent manner by any method. including litigation and the completion of any appeals therefrom, It shall have fully performed its obligations With respect to that matter and shall not be liable for any loss or damage caused thereby. the Company unaHected by any act of the insured claimant . T~e Gompany shall be subrogated to and be entitled to all fights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been Issued. If requested by the Com- pany. the insured claimant shall transfer to the Company al\ rights and remedies against. any person or property necessary In order to perfect thiS fight of subrogation. The Insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involVing these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be sub- rogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss If loss should result from any act of the insured claimant as stated above, that act shall not void this policy, but the Company, In that event, shall be required to pay only that part of any losses insured against by this poliCY which shall exceed the amount, if any. lost to the Company by reason of the Impairment by the Insured claimant of the Company's fight of subrogation. (b) The Company's Rights Against non-insured Obligors. . The Company's right of subrogation against non- Insured obligors shall eXist and shall include. without limita- tion. the .rl9hts of the insured to indemnities. guaranties,' other poliCies .of Insurance or bonds. notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law. either the Company or the Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American ArbitratiOll Association. Arbitrable matters may include, but are not limited to. any controversy or claim between the Company and the Insured arising out of or relating to this polley. any service of the Company In connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000.000 or less shall be arbitrated at the option of eithel the Company or the insured All arbitrable matters whe,l the Amount of Insurance is in excess of $1.000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured. the Rules in effect at Date ot Policy shall be b!nding upon the parties. The award may Include attorneys fees only If the laws of the state in which the land is located permit a court to award attorneys' fees ta a prevailing party. Judgment upon the award rendered by the Arbltrator(s) may be entered in any court having juris- diction thereof The law of the SitUS of the land shall apply to an arbitration under the Title Insurance Arbitration Rules A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY' POLICY ENTIRE CONTRACT ' (a) This poliCY together with all endorsements, if any, attached hereto by the Company is the entire poliCY and con. tract between the insured and the Company. In interpreting any prOVISion of thiS ;lOlIcy, this policy shall be construed as a whole. (b) Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action as- serting such claim. shall be restricted to this policy. (c) No amendment of or endorsement to this poliCY can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice Presi- dent. the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company 16. SEVERABILITY. In the event any provision of the poliCY is held invalid or unenforceable. under applicable law. the pOlicy shall be deemed not to Include that proviSion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the. Company and any statement In writing reqUired to be furnished the Company shall Include the number .of this policy and shall be addressed to the Company at 114 East Fifth Street, Santa Ana, Cal,fornla 92701. or to the office which issued this policy. .i . ~. ., r'''~ ,< 1" .J > , i GF-C1813- Georgia Title Insurance Commitment COMMITMENT FOR TITLE INSURANCE ISSUED THROUGH THE OFFICES OF Attorneys' Title Guarantv Fund, Inc. THE GEORGIA ATTORNEYS' ORGANIZATION SPECiALLY ORGANIZED TO PROVIDE COMPLETE TITLE ASSURANCE BY ITS MEMBER HARRY B. JAMES, III has caused FIRST AMERICAN TITLE INSURANCE COMPANY to issue this commitment for title insurance. First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the Effective Date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitement shall not be valid or binding until Schedule A has been countersigned by either a duly authorized agent or representative of the Company and Schedule B-I and B-ll have been attached hereto. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date". First American Title Insurance Company BY 4rr c/ ATTEST: 171 d ~ ~ SECRETARY PRESIDENT .;; J , , ~ ,~ .. -~ ATGF 1813-A Trtle Insurance Commitment (REV 9f78) Attorneys' Title Guaranty Fund, Inc. SCHEDULE A Agent's File No: 538 Commitment No, GFC 538 Date Effective: May 16, 2002 4:00 P.M. Amount of Policy: $8,000.00 2, Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Form - 1992 Proposed Insured: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (b) A,L.T.A. Loan Policy - 1992 Amount of Policy: Proposed Insured: 3, The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest designated as follows: Fee Simple 4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated as indicated in NO.3 above) is, at the effective date hereof, vested in: GERALD P. SPENCE, SA. 5. The land referred to in this Commitment is in the State of Georgia County of Richmond and described as follows: All that lot or parcel of land together with all improvements thereon, situate, lying and being in Richmond County, Georgia, and containing 25.59 acres more or less, and being more particularly shown on a plat prepared by George L. Godman Associates dated January, 1981, and designated thereon as Tract "B" which plat is recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 121, pages 1339-44, and to which plat reference is hereby made for a more accurate description as to metes, bounds and location of said property and by reference hereto hereby made a part hereof. PIN No. 107-0-035-00-0. Meadowbrook Drive. By: I . ,) '. ~ . ., l' ATGF 1813-8-1 Title Insurance Commitment.(REV 9178) Attorneys Title Guaranty Fund, Inc. SCHEDULE B-1 (Exceptions) Issuing Office File No.: 538 Commitment No. GF-C 538 Schedule 8 of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances. adverse claims, or other matters. if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any owner's policy issued pursuant hereto will contain under Schedule 8 the General Exceptions set forth al the inside cover hereof. Any loan policy will contain under Schedule 8 General Exceptions 1, 2, 3 & 5 unless a satisfactory sUNey and inspection of the premises is made and will contain General Exceptions 4 and 6. 3. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the policy shall contain an additional exception which shall read as follows: .Pending disbursement of the full proceeds of the loan secured by the mortgage insured. this policy only insures the amount actually disbursed. but increases as proceeds are disbursed in good faith and without knowledge of any inteNening lien or interest to or for the account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the insured (and payment of the proper charges therefor,) the Company will search the public records subsequent to the date of the policy and furnish to the insured a continuation report showing such matters affecting title to the land as they have appeared in the public records subsequent to the date of the policy or the date of the last preceding continuation report. and if such continuation report shows inteNening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the insured." 4. All state and county taxes for the year 2002 and all taxes for subsequent years. 5. The exact location of boundary lines, unrecorded easem~nts, possible encroachments and other facts or conditions which would be disclosed by an accurate sUNey and inspection of the property; possible liens of architects, laborers or materialmen for !mprovements of the property, not filed for record at the effective date hereof, and rights, if any, of persons who may be in possession under claims not appearing of record. >.~.~~~~jr:J'c;~L:; . . ; -, , "- " ATGF '813-~1I Tide Insurance Commitment (REV. 8/78) Attorneys Title Guaranty Fund, Inc. SCHEDULE 8-11 (Requirements) Agent File No. 538 Commitment No. GF-C 538 REQUIREMENTS TO BE COMPLIED WITH, DEFECTS AND OBJECTIONS TO BE REMOVED OR ELIMINATED AND LIENS AND ENCUMBRANCES TO BE SATISFIED AND DISCHARGED OF RECORD BEFORE POLICY OF TITLE INSURANCE WILL BE ISSUED WITHOUT EXCEPTION THERETO. Item 1. Proper documents creating the estate or in1erest to be insured must be executed and duly filed for record, to wit: a. Limited Warranty Deed conveying Fee Simple Title to the within described parcel from Gerald P. Spence, Sr., to Augusta, Georgia, referencing that the State of Georgia is a third-party beneficiary under the Georgia Greenspace Program and the specific language as required for the acquisition of Greenspace Property when grant funds are used. Item 2. Submit proof satisfactory to the Company of the payment to, or for the account of, the sellers or mortgagors of the full consideration for the estate or interest to be insured. Item 3. Submit proof satisfactory to the Company of rights or claims of parties in possession. Item 4. Submit proof satisfactory to the Company showing full payment for all labor performed, services and materials furnished within the period provided by law for filing claims of liens. Item 5. Submit proof satisfactory to the Company covering all questions of accuracy or location of boundary lines, location of improvement, encroachments, easements, area and all other matters whatsoever which an accurate survey might show. Exception will be made only to such matters adversely affecting title as are disclosed by such survey. .,::~~';;" - :;:}!~J~;~ . .,.. . . .. ~. ... ..i :- .. ~.. .. , . -1 -. - .. " . ~ . ST ANDARD EXCEPTIONS FOR OWNER'S POLICY The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4 of Schedule B-1 hereof and to the following general exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artifical means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. CONDITIONS AND STIPUA TIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B-1 and Schedule B-II hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim, or other matter, the Company at its option may amend Schedule B-1 and/or Schedule B-II of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B-1 or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.