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HomeMy WebLinkAboutDeed to Secure Deet to Region Bank Augusta Richmond GA DOCUMENT NAME: D E.€:\> TO S~ ctllLE l:> E;"\?'T -ro RE'd I CJ "" S t,4Nr<:'.. DOCUMENT TYPE' ,., . H~~~GM ~I YEAR: J 9 qq BOX NUMBER: 'I FILE NUMBER: J if ~ 9 8" NUMBER OF PAGES: 3 " AGREEMENT FOR RELEASE AND DISCHARGE OF REAL PROPERTY FROM DEED TO SECURE DEBT AND SECURITY AGREEMENT FROM RICHMOND COUNTY PUBLIC FACILITIES, INC. TO REGIONS BANK, AS TRUSTEE ~ THIS AGREEMENT entered into /~ ~1 /)f:' r{flJM , 1999 by Augusta, Georgia, a political subdivision of the State of Georgia. WHEREAS, Richmond County Public Facilities, Inc. Certificates of Participation (Augusta Golf Course Project) Series 1998 (hereinafter the "Certificates"), were issued pursuant to a Trust Indenture between Richmond County Public Facilities, Inc, (hereinafter "Facilities") and Regions Bank, as trustee (hereinafter the "Trustee"), dated as of June 1, 1998, as amended by the First Amendment to Trust Indenture between Facilities and Trustee, dated as of December 18, 1998; and WHEREAS, the Certificates were issued to finance the cost of certain improvements to the Augusta Municipal Golf Course owned by Augusta, Georgia and the Certificates are secured by a Deed to Secure Debt and Security Agreement from Facilities to Trustee, dated as of June 1, 1998, recorded in the office ofthe Clerk of Superior Court of Richmond County, Georgia at Realty Reel 601, page 2395 (hereinafter the "Security Deed"); and WHEREAS, Augusta, Georgia and Facilities have asked the Trustee to release from the Security Deed a 23,30 acre tract ofland described in Exhibit "A" attached hereto, which is vacant land and not being used as part of the golf course, in order that the City of Augusta can lease said land to FORE! Augusta Foundation, Inc. to be used as a site for the construction, operation and maintenance of a golfing facilities for children and youth; and 1 -; WHEREAS, the holders of all of the Certificates have consented to the release of the Property from the Security Deed; and WHEREAS, the Trustee is willing to release the Property from the Security Deed upon receiving, among other things, this Agreement from Augusta, Georgia; NOW, THEREFORE, in consideration of the premise and the release of the Property from the Security Deed, Augusta, Georgia agrees to indemnify and hold harmless the Trustee from and against any liability, claim, judgment, cost, expense or other obligation incurred by the Trustee arising out ofthe Trustee's release of the Property from the Security Deed. IN WITNESS WHEREOF, Augusta, Georgia has executed this Agreement under seal. Mayor ~lerk ---.- ,....--~-- .",.. . [SEALr<. '.,r;. _ : ~;.- /;'~-' .,.- ;..~{;.. /~~- -; ',-:~ - ~:? " ,. . ~ ;::4 .- ~ ,~$ 2 ~ i EXHIBIT" A" All that tract or parcel ofland situate, lying and being in Augusta-Richmond County, Georgia, shown and designated as "Tract 'B' /23,30 ac." on a compiled map for the First Tee, Augusta, dated March 12, 1999, revised May 24, 1999, prepared by Cranston, Robertson & Whitehurst, P.C. which compiled map is incorporated herein by reference for a more complete description of the location, metes, bounds, courses and distances of said Tract "B",