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HomeMy WebLinkAboutSAVANNAH RIVER BANKING SUBORDINATION AGREEMENT WYLDS ROAD .' . ~ Book 01165:0054 Augusta - Richmond County 200800737902/21/2008 14:02:04.01 $0.00 AGREEMENT 111111111111 1111I111111111I1111I1111I11111 1111I1111111111111 2008007379 Augusta - Richmond County Return to: County Attorney's Office 701 Greene Street, Suite 104 Augusta, GA 30901 STATE OF GEORGIA ) ) SUBORDINATION AGREEMENT COUNTY OF RICHMOND ) 'f: THIS AGREEMENT, made and entered into this 17 -h, day of -..JtlnCAJ)."'-l1--, 2007, by and between AUGUSTA, GEORGIA, a political subdivision of the Stare) of Georgia (hereinafter referred to as "AUGUSTA"), and PINNACLE BANK OF SC and subsequently assigned to SAVANNAH RIVER BANKING'" COMPANY, (hereinafter referred to as "BANK"); WITNESSETH: WHEREAS, WYLDS ROAD PARTNERS, LLC, (hereinafter referred to as "OWNER") on July 8, 2007, assignment dated July 8, 2007 and assignment recorded October 29,2007, 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 Book 1126, page 2262; assignment recorded in Realty Book 1126, page 2270 and assignment recorded in Realty Book 1149, page 1289.. ..... \~\,.ool( WHEREAS, OWNER has granted an Easement dated ~'\ ~C.c:.1"l"'~- 3. .AO'-J 7 to AUGUSTA across the property described on Exhibit A, the original 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 July 8, 2007, assignment dated July 8, 2007 and assignment recorded October 29, 2007 to any interest that AUGUSTA 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 BY: ,.\\.\'j.~::';:' "~j,~ ;,'.~:Ji~t, ...,\ ~f~\'}..\~' ""~",.J.:~~., ;~.I/ .'__ 't ~i"l:. . . . . . .{~ .. . . . . .~ J{');..//"",,- . ~1l'" \~- ", '.;" '-'- ,~ed2:~/i.jt _ t-, ",,,,,'i/,,~',d', " ~/ f~:_,,,. ~'. .:.r';:';")~'~;'." oj_~. ,..,~' ;t...... t~l.".. '.. . J.~'t t ..-::;\\ . "'\"~ VIJ~~~ :\"~-", "'tf:~'t;:;I~~l"-"" .t' .. Book 01165:0055 Augusta - Richmond County 2008007379 02/21/2008 14:02:04.01 does hereby agree and declare that the lien of the Security Deed from OWNER to BANK, dated July 8, 2007, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book 1126, page 2262, assignment dated July 8, 2007 and recorded in Realty Book 1126, page 2270 and assignment recorded October 29, 2007 and recorded in Realty Book 1149, page 1289, 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. WHEREFORE, BANK has caused this instrument to be executed by its duly authorized officers and seal affixed, all on the date above fust written, SAVANNAH RIVER BANKING COMPANY Its: ATTEST,~ Its: ~cw. ~ Signe , Sealed and Delivered in the r IS STACIE M, WOOD NOTARY PUBLIC Richmond County, Georgia My Commission Expires May 10.2009 Filed in this office: Augusta - Richmond County 02/21/2008 14:02:04.01 Elaine C. Johnson ---- Clerk of Superior Court ,.,' Book 01165:0056 Augusta - Richmond County 200800737902/21/2008 14:02:04.01 Exhibit A All that lot or parcel of land, together with improvements thereon, situate, lying and being in the State of Georgia, County of Richmond, containing 1.5 acres fronting a distance of 218.83 feet on the East side of Wylds Road and being shown and designated as Tract "a" upon a plat dated May 1, 2003 prepared by Southern Land Surveyors, to which plat reference is hereby made for more complete and accurate description of the metes, bounds and location of the above-described property. This property is more fully described as follows: Commending at a #4 Rebar found on the Eastern right-of-way of Wylds Road at a point which is 160.64 feet South of the intersection of the Eastern right-of-way of Wylds Road and the Southern right-of-way of Georgia Railroad measured along the Eastern right-of-way of Wylds Road; with the POINT OF BEGINNING being thus established, thence N58'08'18" E for a distance of 272.70 feet to #5 Rebar set, thence S 17'28'54" E for a distance of286.16 feet to a #5 Rebar set; thence S 72'31 '06" W for a distance of 255.94 feet to a #5 Rebar set on the Eastern right- of-way of Wylds Road; thence continuing along the Eastern right-of-way of Wylds Road N 17'08'49" W for a distance of 107.09 feet to a point; thence continuing along the Eastern righ-of-way of Wylds Road along the arc of a circle having the radius of 1,203.44 feet and an arc length of 111.74 feet to the POINT OF BEGINNING. The above-described property is a portion of that shown upon a plat recorded in the Office of the Clerk of Superior Court, Richmond County, Georgia on Realty Reel 322, page 1825, reference being also made to that plat in aid of this description. Map and Parcel No.: 054-0-064-00-0