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Home My WebLink About520 GREENE STREET PARTNERS LLP OWNER'S AFFIDAVIT ~ OWNER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF RICHMOND Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, Michael B. Haglre, who being first duly sworn, deposes and upon oath states: That Deponent is a Managing Partner of 520 GREENE STREET PARTNERS, LLP, which is the owner in fee simple of the property described on Exhibit A hereto attached and by reference made a part hereof. Deponent further states that all of the improvements located on the Subject Property are within the limits of the Subject Property, that the lines and comers of the Subject Property are clearly marked, and the Deponent has no knowledge of any dispute or controversy as to said lines or comers. Deponent further states that there has been no violation of any restrictive covenants imposed on the Subject Property. Deponent further states that 520 GREENE STREET PARTNERS, LLP is in indisputable possession of the Subject Property, that 520 GREENE STREET PARTNERS, LLP has not sold or conveyed the Subject Property, or any interest therein, to any party whatsoever, and Deponent knows of no one claiming under any un-recorded deed, lease or instrument of any nature or claiming any interest in the Subject property whatsoever, except as set forth below. Deponent further states that there are no suits, judgments, bankruptcies or executions of any kind pending against 520 GREENE STREET PARTNERS, LLP in any court whatsoever that could in any way affect the title to Subject Property or constitute a lien thereon, and that 520 GREENE STREET PARTNERS, LLP is not a surety on the bond of any county or county official, nor is 520 GREENE STREET PARTNERS, LLP a surety under any other bond that upon a default of the principal therein, nor are there any Security Deeds, Deeds to Secure Debt, Trust Deeds, Mortgages, Loan Deeds or liens of any nature whatsoever unsatisfied against the Subject Property, except as set forth below. Deponent further states that no labor, material or services have been furnished to or for the improvement of the Subject Property by any third person or entity during the three-month period immediately preceding the date of this affidavit; OR, if improvements or repairs have been erected. or performed during said three-month period, the improvements or repairs were furnished or performed at owner's instance, have been fully completed, and the agreed upon price or reasonable value of said labor, material or service has been paid in full or has been waived in writing by the person or entity so furnishing or providing same. Deponent further states that there are no fixtures installed in any improvements constructed on the Subject Property that have not been paid for in . full, and that any personal property included in the sale of the Subject Property have been paid for in full. Deponent further states that 520 GREENE STREET PARTNERS, LLP is duly organized and authorized to do business and is in good standing with the Secretary of State of the state of its formation and the Sate of Georgia. Deponent further states that the Subject Property is free and clear of all liens of every character, except the following which are the only liens encumbering the Subject Property to wit: None, other than judgments, security deeds, deeds to secure debt, trust deeds, mortgages, ad valorem taxes, water bills, sanitary assessments, and any other liens or encumbrances, if any on the Subject Property which are to be paid and satisfied from the loan proceeds, as reflected on the Settlement Statement of even date herewith. This LL day of March, 2007. 520 GREENE STREET PARTNERS, LLP B~~ ItS: anaging Partner ~IGNED, SEALED AND DELIVEREI>,.>;"iS-i.-pt III the pre nc of: ~~ ........... ~4tt '> f..... ~ '"'\~\\ A -... ~ .j? 'IV, 'j 'a \~ lIBL\Ci I ..~ ,~ ~~4'~~~~~ ~{) co' ,,,,", ,,' Exhibit "A" ALL that lot or parcel of land with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, on the south side of Greene Street between Washington and Center Streets, fronting on Greene Street seventy-six and four-tenths (76.4') feet, more or . less, and extending back between practically parallel lines one hundred seventy-three and fifty- seven one-hundredths (173.57') feet, more or less, on its western side and one hundred seventy- one and seventy-six one-hundredths (171.76') feet, more or less, on its eastern side to a rear width of seventy-six (76') feet, more or less, all as will more fully appear upon a plat prepared by Baldwin Engineering Company, dated September 9, 1966 and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 33-F, pages 90-91, the tract herein conveyed being designated as "Tract F" on said plat and is the same property as that conveyed to 520 Greene Street, Inc. by deed dated July 2, 1962. and recorded in the aforesaid Clerk's Office in Realty Book 28-N, pages 17-19. Also, all those two (2) lots or parcels of land, situate, lying and being in the City of Augusta, Richmond County, Georgia, on the north side of Telfair Street between Fifth and Sixth Streets, fronting on said Telfair Street sixty-four and twenty-three one-hundredths (64.23') feet, more or less, and extending back between approximately parallel line one hundred seventy-three and sixty-two one-hundredths (173.62') feet, more or less, on its western line and one hundred seventy-five and eighty-five one-hundredths (175.85') feet, more or less, on its eastern line to a rear width of sixty-four (64') feet, more or less. Said tracts are designated as "tract C and tract D" on a plat made by Baldwin Engineering Company, dated September 9, 1966, and recorded in the aforesaid Clerk's Office in Realty Book 33-F, pages 90-91 and is the same property as that conveyed to 520 Greene Street, Inc. by deeds dated September 19, 1966, recorded in aforesaid Clerk's Office in Realty Reel 33-F, pages 94-95 and dated October 14, 1966 and recorded in the aforesaid Clerk's Office in Realty Book 33-G, pages 925-926. These being the same properties conveyed by William C. Reed, Wiley S. Obenshain, III, David H. Hanks, John I Harper, Robert C. Hagler, Michael B. Hagler, James W. Purcell and J. Arthur Davision to 520 Greene Street Partners by Quit Claim Deed dated May 31, 1990 and recorded in aforesaid Clerk's Office on Realty Reel 342, page 1127. Map and Parcels: 047-1-268-00-0 (Tract "F"); 047-1-262-00-0 (Tract "C"); and 047-1-261-00-0 (Tract "D") ALSO, all that lot or parcel of land, together with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, on the North side of Telfair Street, between Fifth (Center) Street and Sixth (Washington) Street, having a frontage of 33.35 feet on Telfair Street and extending back between parallel lines a distance of 175.85 feet to a rear width of 33.35 feet, and being shown on a plat made by Baldwin Engineering Company on September 9, 1966, for 520 Greene Street, Inc., and denoted thereon as Tract "A". Said plat is duly recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Book 33-F, pages 90-91 and by reference thereto is made a part of this description for a more accurate . description as to metes, bounds, and location of the property being herewith conveyed. Said tract is bounded on the North by property now or formerly of St. 1. Cullus, on the East by property now or formerly of Pure Oil Company, on the South by Telfair Street, and on the West by Tract "B" of the plat above referred to. This is the same property conveyed to Jack E. McGahee and Paul K. Plunkett to W. M. Fulcher, E. D. Fulcher, Gould B. Hagler and J. Walker Harper dated October 14, 1966 and recorded in Realty Book 33 H, pages 15-16, and recorded in the aforementioned Clerk's Office. . Also being herewith conveyed is all of the right, title, interest and equity of Jack E. McGahee and Paul K. Plunkett in and to an easement over a strip of land four and four-tenths (4.4) feet in width adjoining the above described property on the West and extending Northwardly of even width from Telfair Street a distance of 115 feet which easement was acquired in the aforementioned deed above described. ALSO, all of that lot or parcel of land, together with improvements thereon, situate, lying and being in the City of Augusta, Richmond County, Georgia, on the North side of Telfair Street, between Fifth (Center) Street and Sixth (Washington) Street, having a frontage of 33.35 feet on Telfair Street and extending back between parallel lines a distance of 175.85 feet to a rear width of 33.3 5 feet, and being shown on a plat made by Baldwin Engineering Company on September 9,1966, for 520 Greene Street, Inc. and denoted thereon as Tract "B". Said plat is duly recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 33 F, pages 90-91, and by reference thereto is made a part of this description for a more accurate description as to metes, bounds, and location of the property being herewith conveyed. Said tract is bounded on the North by property of 520 Greene Street, Inc. and property now or formerly of St. J. Cullum, on the East by Tract "A" of the plat above referred to, on the South by Telfair Street, and on the West by Tract "C" of the plat above referred to. This is the same property conveyed to the Jack E. McGahee and Paul K. Plunkett by E. D. Fulcher, Gould B. Hagler, and 1. . Walker Harper, dated October 14,1966, and recorded in Realty Book 33 H, pages 13-14, in the aforementioned Clerk's Office. Also being herewith conveyed is all of the right, title, interest and equity of Jack E. McGahee and Paul K. Plunkett in and to an easement over a strip ofland four and four-tenths (4.4) feet in width adjoining the above described property on the East extending back Northwardly of even width from Telfair Street a distance of 115 feet which easement was acquired in the deed from 520 Greene Street, Inc. above described. Said property is conveyed subject to a five (5) foot drainage and storm sewer easement reserved by 520 Greene Street, Inc. in the last aforementioned deed. The above described property shall include all lighting fixtures attached thereto, and all central air conditioning, and all heating and water heating equipment located therein. Said properties being the same properties conveyed by Jack E. McGahee and Paul K. Plunkett to Aubrey C. Rhodes, Gould B. Hagler, William C. Reed, Michael B. Hagler, Robert C. Hagler, David H. Hanks, James W. Purcell, J. Arthur Davison and John I. Harper by Warranty Deed dated August 27, 1985 and recorded in said Clerk's Office on Realty Reel 210, page 284. Map and Parcel: 047-1-263-00-0