HomeMy WebLinkAboutWACHOVIA BANK NATIONAL ASSOCIATION SUBORDINATION AGREEMENT
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Book 01165:1231 Augusta - Richmond County
200800787302125/200814:17:40.01
$0.00 AGREEMENT
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2008007873 Augusta - Richmond County
Return to:
County Attorney's Office
701 Greene Street, Suite 104
Augusta, GA 30901
STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
_ -T_ . THIS AGREEMENT, made and entered into this I ~ -r~ day of
'-JP\\J~'\ , 200S, by and between AUGUST A, GEORGIA, a political subdivision
of the State of Georgia (hereinafter referred to as "AUGUST A"), and W ACHOVIA
BANK, NA nONAL ASSOCIATION (hereinafter referred to as "BANK");
SUBORDINA nON AGREEMENT
WITNESSETH:
. WHEREAS, ML SOUTH AUGUSTA, INC., (hereinafter referred to as
'.'OWNER") on January 8, 2004 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 906, page 1907 and Absolute Assignment of Lessor's Interest in Leases
and Rents dated January 8, 2004 and recorded in said Clerk's Office on Realty Reel 906,
page 1933.
WHEREAS, OWNER has granted an Easement dated
GC-lo~ Vc. 2-~ro-r 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 January 8, 2004 and Absolute Assignment of Lessor's Interest in Leases and Rents
Assignment 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,
Book 01165:1232 Augusta - Richmond County
200800787302/25/2008 14:17:40.01
dated January 8, 2004, and recorded in the Office of the Clerk of the Superior Court of
Richmond County, Georgia in Realty Reel 906, page 1907 and Absolute Assignment of
Lessor's Interest in Leases and Rents dated January 8,2004 and recorded on Realty Reel
906, page 1933, 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 first written.
BANK, NATIONAL
N
BY:
Its.
ATTEST~Qo,..Q,~ -\-<~
Its: lSl-Ln~~hY- D~ <..Q fl-----'
Signed, Sealed and Delivered in
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Unofficial Witness
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Book 01165:1233 Augusta - Richmond County
2008007873 02/25/2008 14:17:40.01
ExmBIT .. An
Land
MERRY COMPANIES TRACT
RICHMOND COUNTY, GEORGIA
All those tracts or parcels of land, together with any and all improvements and leases thereon,
situate, lying and being in the 123rd a.M.D, Richmond County, Georgia, more particularly described as
shown on a plat prepared for Merry Companies, Inc.. and Merry Land & Investment Company, Inc.,
prepared by James G. Swift & Associates, dated November 25, 19BO, and recorded in Realty Reel 135,
pages 1138-1165, and shown on said plat as Parcel 8 (22.79 acres), Parcel 9 (26.26 acres), Parcel 11
(76.11 acres). Parcel 13 (35.10 acres), Parcel 14 (48.95 acres), ParcellS (21.45 acres), Parcel 16 (35.4
acres), Parcel 17 (9.21 acres), Parcel 18 (26.18 acres), Parcel 19 (127.02 acres). Parcel 20 (42.99 acres),
Parcel 21 (69.73 acres). Parcel 22 (712.93 acres), Parcel 23 (900.70 acres), parce124 (77 .16 acres), Parcel
25 (123.83 acres), Parcel 26 (205.12 acres), Parcel 27 (10.88 acres), Parcel 28 (35.57 acres), Parcel 29
(4.99 acres), Parcel 30 (29.07 acres). Parcel 31 (7.98 acres), Parcel 32 (1.74 acres), Parcel 33 (0.015
acres), Parcel 34 (3.01 acres), Parcel 35 (26.50 acres), Parcel 36 (11.61 acres), Parcel 37 (16.99 acres),
Parcel 38 (342.18 acres), and Parcel 45 (6.64 acres),
ALSO:
AU that tract or parcel of land lying, situate and being in Augusta, Richmond County, State of
Georgia, being more fully shown and designated as "(Parcel "A") Area = 2.71 Ae.n on a plat for Soral Bricks,
Inc. and ML South Augusta, Inc. by Cranston, Robertson & Whitehurst, P.C. dated November 28,2001,
recorded in the Office of the Clerk of Superior Court of Richmond County in Book 762, page 387.
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LESS AND EXCEPT THE FOLLOWING TRACTS:
1. That parcel of land conveyed by deed of Merry Land & Investment.
Companies. Inc., to Harold E. Rhodes. by deed dated December 22, 1987.
and recorded in Realty Reel 278 at page 1072, and being more particularly
described as follows:
All that lot or parcel of land, situate, lying and being in the 85th GMD
of Richmond County, Georgia, fronting on the Eastern right-of-way of New
Savannah Road containing five (5) acres and being more particular shown of
a plat prepared for Merry Land & Investment Companies, Inc., by Cranston,
Robinson and Whitehurst, PC, dated January 2, 1986, with reference being
made to said plat for a more particular description as to metes, bounds and
locations, said plat being recorded in the Ol'fice of the Clerk of Superior
Court of RicbJDond County, Georgia, in Realty Reel 278. at page 1077-1080.
2. That parcel of land conveyed by deed of Merry Land & Investment
Company, Inc., to Harold D. Thompson, Jr., and Charles A. Thompson, by
deed dated October 19, 1983. and recorded in Realty Reel 172 at page 1629,
and being more particularly described as follows:
All that parcel, piece or lot of land with improvements thereon,
situate, lying and being In the State of Georgia, County of Richmond
containing 1.41 acres and being shown and designated as "Tract BU upon a
certain plat prepared by Toole SUr'\'eying Company for Charles A, Thompson
Book 01165:1234 Augusta - Richmond County
2008007873 02/25/2008 14: 17:40.01
and Harold D. Thompson, Jr" dated Octaber 4, 1983; a copy of said plat
being recorded in Realty Reel 172 at page 1631, and incorporated by
reference herein for a more particular description of the location, metes,
bounds, courses, and distances of said property,
3, That parcel of land conveyed by deed of Merry Land & Investment
Company, Inc. to Lightnet, a Delaware General Partnership composed of
Sonecor FiberCom Corporation and CSX c.ommunications, Inc., by deed
dated July 1, 1986, and recorded in Realty R.eeI232 page 377, and being more
particularly described as follows:
All that lot or tract, lying and being in the 85th G.M.D. Richmond
County, Georgia, and being more particularly described as follows:
BEGINNING at a iron pin set on the Eastern Right-of-way line of Nowell
Drive, which said pin is located 556,25 feet South of the intersection of the
Northern Right-of-way of Augusta Beltline Railroad and the Eastern Right-of-
way of NDwell Drive; thence along the line of the lands of Mason and Chao
South 67 degrees 32 minutes 30 seconds East a distance of 200.00 feet to a
point; thence, along the line of the lands of J\.ferry Land & Investment
Company, Inc. the following two courses and distances: (1) South 21 Degrees
55 minutes 41 seconds West a distance of 130,00 feet to a point; (2) North 67
degrees 32 minutes 30 seconds West a distance of ZOO.OO feet to a poiut on the
Eastern Right-of-way of Nowell Drive; thence, along the Eastern Right-of-way
of Nowell Drive North 21 degrees 55 minutes 41 seconds East a distance of
130.00 feet to the POINT OF BEGINNING,
SAID property contains 0.60 acres of land and is shown on a plat
dated May 21, 1986 by Cranston, Robertson, & Whitehurst, p, C., and
recorded in Realty Reel 232 at page 382.
4. Tha.t parcel of' land conveyed by deed of Merry Land & Investment
Company, Inc., to Southern Wood Piedmont Compauy by deed dated May
7, 1992, and recorded in Realty Reel 386 at page 1515, and being more
particularly described as [allows:
TRACT I
All that Tract or parcel of land lying and being situate in the 85th
G.M,D. of Richmond County, Georgia, and being more fully described as
follows:
Commencing at the intersection of the southern right-DC-way line of
Dan Bowles Road (50' R/W) and the western right-of-way line of New
Sa"annah Road (State Route S6 Loop, 80' RiW) ha"ing coordinates in the
State Plane System of Georgia (NAn 1927) of North - 1247356.53' and East-
554389.10';
Thence North 53 degrees 51' 00" West for a distance of 613.89 feet to
a #4 rebar set on the southern right-or-way of Dan Bowles Road, being the
POINT OF BEGINNING;
Book 01165:1235 Augusta - Richmond County -
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Thence South 24 degrees 10' 50" West for a distance of 1051.07 feet
to a #4 rebar set;
Thence North 70 degrees 01' 401' West for a distance of 363.42 feet to
a #4 rebar set of the eastern right-of-way of Central of Georgia Railroad (150'
RlW);
Thence North 24 degrees 12' 20" East for a distance of 1154,46 feet to
a point being the intersection oftbe eastern right-of-way of Central of Georgia
Railroad and the southern right-of-way of Dan Bowles Road;.
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Thence South 53 degrees 51' 00" East for a distance of 370,00 feet to
a #4 rebar set, being a'POINT OF BEGINNING.
Said property contains 9.17 acres and is more particularly delineated
and described as Tract I on a certain plat prepared for Merry Land &
Investment Company, Inc, and Southern Wood Piedmont Company by
Cranston, Robertson & Whitehurst. P.C. dated April 13, 1992, and recorded
in Realty Reel 386 page 1509-1514, to which reference is made for a more
complete description of the property, its exact location, metes and bounds.
TRACT II
ALL THAT TRACT or parcel of land lying and being situate in the
85th G,}\-I. D. of Richmond County, Georgia and being more fully described
as follows: .
Commencing at the intersection of the s()uthern right-of-way line of
Dan Bowles Road (50' R/W) and the western right-of-way line of New
Savannah Road (State Route S6 Loop, 80' RlW) having coordinates in the
State Plane S:rstem of Georgia (NAD 1927) of North -1247356,53' and East-
554389.10' ;
Thence North 53 degrees 51' 00" West for a distance of 983,89 feet to
a #4 rebar set at the intersection of the southern right-of-way of Dan Bowles
Road and the Eastern right-of-way of the Central of Georgia Railroad (150'
RIW); .
Thence South 24 degrees 12' 20" West for a distance of 1154,46 feet
to a #4 rebar set on the eastern right-of-way of the Central of Georl:ia
Railroad, being the POINT OF BEGINNING;
Thence South 70 degrees 01' 40" East for a distance of 363.42 feet to
a #4 rebar set;
Thence South 24 degrees 10' 50" West for a distance of 882.92 feet to
a #4 rebar set;
Thence North 54 degrees 28' 40" West for a distance of 370.00 feet to
a 2" open top iron found on the right-of-way of Central of Georgia Railroad;
Book 01165:1236 Augusta - Richmond County
200800787302/25/2008 14:17:40.01
Thence North 24 degrees 12' 20" East for a distance of 783.49 feet to
a #4 rebar set, being the POINT OF BEGINNING.
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Said property contains 6,94 acres and is more particularly delineated
and described as Tract II on a certain plat prepared for Merry Land &
Investment Company, Inc. and Southern Wood Piedmont Company by
Cranston, Robertson & Whitehurst. P.C. dated April 13, 1992, and recorded
in Realty Reel 386 page 1509-1514, to which reference is made for a more
complete description of the property, itS exact location, metes and bounds.
5. That parcel of land conveyed by deed of l\lerry Land & Investment
Company, IDe" to Richmond County, Georgia by deed dated October 16,
1989, and recorded in Realty Reel 320 at page 1507, and being more
particularly described as follows:
All that lot or parcel of land, situate, lying and being in Richmond
County, Georgia, containing 1.32 acres, shown and designated as Tract 200
on the plat recorded at Realty Reel 320 at page 1508, reference being made
to same as to metes, bounds distances and location of said tract.
6, Those parcels of land described in the Order dated October 21, 1988, and
recorded in Realty Reel 431 at page 770 containing 3 .68 acres and 0,041 acres
for a drainage easement (88-RCCV -(52),
7. That parcel of land containing 70,386 acres of land and certain easement
rights as contained in that FInal Consent Judgment dated May 28,1997, and
recorded in Realty Reel 559 page 174.
8, That parcel of land conveyed by deed of ML South Augusta, Inc. to Boral
Bricks, Ine, dated June 30, 2000, and recorded in Book 693, page 1389, and
being more particularly described as follows:
TRACT 1:
All that tract or parcel of land lying and being in the 123rd G,M.D.,
Richmond County, Georgia, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at the
intersection of the West right-of-way of Bobby Jones Expressway (350-foot
right-of-way) and the West right-of-way of Lover's Lane; thence from the
TRUE POINT OF BEGINNING run thence North 17 degrees 27 minutes 30
seconds West a distance of 1138.86 feet to a #5RBS, which said flSRBS is the
POINT OF BEGINNING; run thence along the arc of a curve to the left, said
arc having a distance of 963.03 feet to a point, said curve having a radius of
1472.39 feet and being subtended by a chord bearing North 52 degrees 00
minutes 19 seconds West a chord distance of 945,96 feet; thence running
South 19 degrees 15 minutes 2-6 seconds West a distance of 19,73 feet to a
point on Foster's Lane (unpaved roadway); thence along Foster's Lane
running North 70 degrees 36 minutes 12 seconds West a distance of 554,74
feet to a #5RBS; thence running North 67 degrees 57 minutes 12 seconds West
a distance of2379,91 feet to a #5RBS; theuce leaving said Foster's Lane North
Book 01165'1237 A
2008007873 0~~~S~~2~Oichmon~ County
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21 degrees 57 minutes 01 seconds East a distance of 1772,13 feet to #5RBS on
the property line of NIF Seaboard Coastline R.R.; thence running along
property line of NIF Seaboard Coastline R.R. South 66 degrees 54 minutes 14
seconds East a distance of 3907,99 to a #5RBS; thence leaving said property
line ofN/F Seaboard Coastline R,R. and running South 68 degrees 34 minutes
aud 02 seconds West, a distance of 4.87 feet to a point thence running South
44 degrees 36 minutes 02 seconds West 358.93 feet to a #5RBS; thence
running South 23 degrees 02 minutes 02 seconds West a distance of 470,60
feet to a #5RBS; runuing thence South 10 degrees 08 minutes 02 seconds West
a distance of 408.34 feet to a point on Lover's Lane; running thence North 83
degrees 21 minutes 01 seconds West 30,57 feet to a #5RBS; running thence
South 06 degrees 38 minutes 58 seconds West a distance of 388,90 feet to a
point; thence running along the arc of a curve to the right, said arc having a
distance of 324,46 feet to a point, said curve baving a radius of 360.00 feet
and being subtended by a chord bearing South 32 degrees 28 minutes 08
seconds West a chord distance of 313.59 feet; running thence South 58 degrees
17 minutes 18 seconds West a distance of 23,22 feet to a #SRBS, said 115RBS
being the POINT OF BEGINNING; said tract containing 152.98 acres. as
more fully described in a plat of Tract 1 for Boral Bricks, Inc.. dated .January
16, 1997, last revised March 4. 1997 by David L. Hargrove, Georeia
Registered Land Surveyor No, 1940, James G. Swift & Associates Consulting
Engineers.
TRACT 2:
All Chat tract or parcel of land lying and being in the 123'd G,M.D.,
Richmond County, Georgia, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING begin at the
intersection of the West right-of-way of Bobby Jones Expressway (350'RlW)
and the West right-of-way of Lover's Lane; thence from the TRUE POINT
OF BEGINNING run thence North 62 degrees 36 minutes 07 seconds West a
distance of 9572.23 feet to a point, which said point is the POINT OF
BEGINNING; thence running South 22 degrees 22 minutes 4S seconds West
a distance of 2958.87 feet to a #5RES; thence running North 50 degrees 02
minutes 24 seconds West 559,65 feet to a #5RBS; thence running North 12
degrees 00 minutes 28 seconds East 209,09 feet to a #5RBS; thence runnin~
North 62 degrees 38 minutes 01 seconds West a distance of 20,54 feet to a
point; thence along the arc of a curve to the left, said arc having a distance of
159,81 feet to a point, said curve having a radius of 602.69 feet and being
subtended by a chord bearing North 19 degrees 34 minutes 46 seconds East
a chord distance of 159.34 feet; thence running North 11 degrees 58 minutes
59 seconds East a distance of 534,83 feet to a point; thence along the arc of a
curve to tbe right. said arc having a distance of 749,48 feet to a point. said
curve having a radius of 2734,80 feet and heing suhtended by a chord bearing
North 19 degrees 50 minutes 03 seconds East a chord distance of 747.14 feet;
thence running North 27 degrees 41 minutes 07 seconds East a distance of
662.12 feet to a point; thence along the arc of a curve to the right, said arc
having a distance of 788.08 feet to a point, said curve having a radius of
539.12 feet and being subtended by a chord bearing North 69 degrees 33
minutes 46 seconds East a chord distance of719.77 feet; thence running South
4-
Book 01165:1238 Au .
2008007873 02~~s~~2~~8hm104nd 1C70unty
: :40.01
68 degrees 33 minutes 36 seconds East a distance of 139.90 feet to a 65RB3
and the POINT OF BEGINNING; said tract containing 42.82 acres, as more
fully described in a Plat of Tract 8 for Boral Bricks, Inc. dated January 16,
1997, last revised March 4, 1997 by David L. Hargrove, Georgia Registered
Land Surveyor No. 1940, James G, Swift and Associates Consulting
Engineers.
9. That parcel of land conveyed by quitclaim deed of l\fL South Augusta, IDe,
to BoraI Bricks, Inc. dated November 26,2001, and recorded in Book 762,
page 384, and being more particularly described as follows:
All that tract or parcel of land lying, sitnate and bein2 in Augusta,
Richmond County, State of Georgia, being more fully shown and designated
as "Parcel liB" Area = 4.34 Ac.n on a plat for Bora! Bricks, Inc. and ML
South Augusta, Inc, by Cranston, Robertson & Whitehurst. P.C. dated
November 28, 2001, recorded in the Office of the Clerk of Superior Court of
Richmond COllnty in Book 762, page 376.
10, That parcel of land conveyed by deed of ML South Augusta, Inc. to Harold
D, Thompson, Jr, and Charles A, Thompson dated January 4.2002, and
recorded in Book 767, page 2192, and being more particularly described as
follows:
All those two tracts or parcels orland with any improvements
thereon, situate, lyine and being in Richmond County, Georgia, being
more fully shown and designated as "Tract C" containing 0.45 acre
and "Tract ri" containing 5.25 acres, upon 'a certain Plat dated
November 29, 2001, prepared for Thomson Farms by Cranston,
Robertson & Whitehurst, P,C" recorded in the Office of the Clerk of
Superior Court of Richmond County in Book 767, page 2188.
Ma...f (t.Nl (a.. t"c..e1: II (- C> - o~5 - 00 - 0
Filed in this office:
Augusta - Richmond County
02/25/200814:17:40.01
Elaine C. Johnson
Clerk of Superior Court