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HomeMy WebLinkAboutUNIVERSITY HEALTHCARE POLICY Augusta Richmond GA DOCUMENT NAME: """I nd e Vl \-~Ve. DOCUMENT TYPE: ~ 0 \ \ +, C0.-1 YEAR: ~l~ BOX NUMBER: '1-\ FILE NUMBER' \ '2- ~ ~ NUMBER OF PAGES: :JS . ~. Book 00924:1223 Augusta - Richmond County 200401688504/27/200416:24:46 00 _ ,~.g,;9.,g,'~IAI'~j"RANTY DEED . l/flii' lil/III/lllli/i/l iilil iiili illil lilil lilil im iiij 2004016885 Augusta - Richmond County Return to: Stephen E. Shepard, County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) ) ) COUNTY OF RICHMOND THIS INDENTURE, made this 4th day of March, 2004, by and between UNIVERSITY HEALTH CARE FOUNDATION, a Georgia charitable corporation, with its principal office in Richmond County, State of Georgia, 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 Thirty Nine Thousand ($39,000.00) 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 Book 00924:1224 Augusta - Richmond County 2004016885 04/27/2004 16:24:46.00 ~sed in the acquisition of the above described property, and the State of Georgia is a 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, its 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. , . " . \~ C t, r, ;"' " "', \" ... ,...... ,-.. _ '\ ..... 0." 0., ," ,: ,y,' ,?Of:! ", ... -' "t ~"r...? I.<{ ,~t. ~/ ,_ .J~ ::rt.,/ ':-' ~ ._-.-~- ~..._ ~ t :: ': (j r-,~ ~l T.>;\~ 9 ':- :2 >-- : 10 J LI u_ 7S ~ )." ;;.. :: I- : I :air\:!t ~ -.., ~ -._. ... ~~3 ~ r." ... PROm ~~ ~Q :E \ ~'\."" ll~"",,,'~ ,..',.-;." F v ",r. ,".Cf,Jn'tl'." ...:.... "'/ ---1; ."'.10"- ,\' ~. -"'f /N\t.n.s&: . 0 ',,"'- ~~l.~ . B~~'la~ j(. ~ Its: Secretary UNIVERSITY HEALTH CARE FOUNDATION By: 0"/)m/ dL- 21Z Its: President / "",,,,,,~\l..\:',,\:,\::..t..' ~<;><::> FO(i ~I:.~ # \Q~ooooo.o SJr ~Qf. ff 0,.0 000 Vii .&J ff'. 00 y, ~IGNED, SEALED AND DELIVEREr[ l ~OTA~? \ \ 1 e p nce of: ~: --- g t' ~. AlJBl.\V J gfr, ~~ ~ ...~.o ri>">oo~ ~f: ~" -;t. o. '0 ,,~'& 00 _\ L l~~"(~ o.oo~~o~o(,Qo ~~y '''''?/I![Ij CO~~/ ~ Notary Public, State of Georgia ~ By: Its: .. . - Book 00924:1225 Augusta - Richmond County 20040'16885 04/27/2004 16:24:46.00 Exhibit A All that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 16.55 acres, more or less, and fronting on the north side of Southgate Drive near its intersection with Richmond Hill Road and located just South of the intersection of U. S. Highway #78 and U. S. Highway #1, said property being more particularly shown upon a lat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at pages 486-491, reference being made to said plat for a more complete and accurate description as to metes, bounds, and location of said property, LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office. ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated January 27, 1982, said property being bounded as follows: North and Northeast by land now or formerly of the Bungalow Club; East and Southeast by land now or formerly of Waters; South and Southwest by Southgate Villa Subdivision, Block "F" and West and Northwest by Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said plat for a more complete and accurate description at to the metes, bounds, and location of said property. Filed in this office: Augusta - Richmond County 04/27/200416:24:46.00 Elaine C. Johnson Clerk of Superior Court .. . .; .. . "'- ~ , , Book 00924:1226 Augusta - Richmo - 2004016886 04/27/200416:26.08 00 nd County $0.00 DECLARATION .. - 11;;11; Ilill iillliiliiilillliliillil;;iiiim~j;~m~~E ~~~EN~ 2004016886 Augusta - Richmond County Return to: Stephen E. Shepard, County Attorney Shepard, Plunkett, Hamilton, Boudreaux & Tisdale, LLP 701 Greene Street, Suite 104 Augusta, Georgia 30904 STATE OF GEORGIA ) ) COUNTY OF RlCHMOND DECLARATION OF RESTRICTIONS AND COVENANTS This declaration is made this L day of '-fJJ;t24~ , 2004, by AUGUST A, GEORGIA, a political subdivision of the State of Georgia (hereinafter referred to as "Declarant"). WITNESS ETH: WHEREAS, Declarant owns the property described on Exhibit "A" attached hereto and made a part hereof (the "Property") which property was acquired from University Health Care Foundation, Inc. by deed dated March 4,2004, and recorded in the Office of the Clerk of Superior Court of Richmond County in Realty BoolCf ~4 , pages J ~ J..'}). , 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 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 . , Book 00924:1227 Augusta - Richmond County 2004016886.04/27/2004 16:26:08.00 Act (O.C.G.A. ~36-22-l, 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 use of the Property as provided herein. NOW, THEREFORE, for and in consideration of Ten and nolI 00 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-possessory 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 quality; or preserving the historical, agricultural, archaeological, or cultural aspect of real property. (b) "Georgia Greenspace Act" shall mean O.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 extent Book 00924:1228 Augusta - Richmond County 200401688604/27/2004 16:26:08.00 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; 7) Protection of archaeological and historic resources; 8) Provision of recreation in the form of boating, hiking, campmg, fishing, hunting, running, jogging, 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 Trust" 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. Book 00924:1229 Augusta - Richmond County 2004016886 04/27/2004 16:26:08.00 4. Covenants Running with the Land. Declarant acknowledges and agrees that the Conservation Easement is appurtenant to and runs with the land, 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. Severability. 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) Headings. 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. (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. Book 00924:1230 Augusta - RiCh~on~ ~ounty- 20?4016.886 04/27/2004 16:26:08.00 IN WITNESS WHEREOF, Declarant has signed and sealed this Declaration, on the day, month and year fust above written. Signed, Sealed and Delivered in the presence of: ~ 13~17f; w. ~ n~ Wimess \\,.... [;.~~,.~..,(\I.I~Utd, . m ~ '1 -l'~ .. .1. 1M ~ ~. ~( N96n:Y ~, S1Jlte oJ georgia ~X-c.o~~iQJ1 Expit:es: 1'i9~ p~U(:.. CoI4rvt?la. (:O'iJnty, Georgia ,,",y ~!>mrrUSlbb. Bx~~.~ Aug. 1, 2006 " .'''' !J I . '. .' \,. " '. 1 t" f\ ,\ . DECLARANT: By: ~~ By: ~ er .' Book 00924:1231 Augusta - Richmond County 2004016886 04/27/2004 16:26:08.00 Exhibit A All that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 16.55 acres, more or less, and fronting on the north side of Southgate Drive near its intersection with Richmond Hill Road and located just South of the intersection of U. S. Highway #78 and U. S. Highway #1, said property being more particularly shown upon a lat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at pages 486-491, reference being made to said plat for a more complete and accurate description as to metes, bounds, and location of said property, LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office. ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated January 27, 1982, said property being bounded as follows: North and Northeast by land now or formerly of the Bungalow Club; East and Southeast by land now or formerly of Waters; South and Southwest by Southgate Villa Subdivision, Block "F" and West and Northwest by Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said plat for a more complete and accurate description at to the metes, bounds, and location of said property. Filed in this office: Augusta - Richmond County 04/27/200416:26:08.00 . Elaine C. Johnson Clerk of Superior Court (p '. . . .. ;;. '. ~ . , ~ ~ ~aJrruroJAm~U"kZl .. 'lawyers Title . Lawyers Title Insurance Corporation SCHEDULE A COMMITMENT FOR TITLE INSURANCE I. EFFECTIVE DATE: January 23, 2004 at 5:00 pm CASE NUMBER: 3069510 2. POLICY OR POLICIES TO BE ISSUED: (a) ALTA OWNER'S POLICY (10-17-92) PROPOSED INSURED: Augusta, Georgia, a political subdivision of the State of Georgia AMOUNT $39 1000.00 (b) ALTA LOAN POLICY (10-17-92) PROPOSED INSURED: AMOUNT $ (c) PROPOSED INSURED: AMOUNT $ 3. TITLE TO THE FEE SIMPLE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: University Health Care Foundation, a Georgia charitable corporation 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRffiED AS FOLLOWS: For Description see Continuation of Schedule A Commitment Number 3069510 Schedule A - Page 1 Authorized Officer or Agent Form No. 91-88 (SCH. A.) This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached Form 4100.100 Exhibit A All that tract or parcel of land, situate, lying and being in the County of Richmond,. State of Georgia., contail1ing 16.55 acres, more or less., and fronting on the north side of Southgate Drive near its intersection with Richmond Hill Road and located just South of the intersection ofU. S. Highway #78 and. U. S. Highway #1, said property being more particularly shown upon a lat prepared for Knox Realty Investment Corporation by Baldwin &. Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at pages 486491, reference being made to said plat for a more complete and accurate description as to metes, bounds, and location of said property, LESS AND EXCEPT that ce.rtain 2.38 acres conveyed to Baptist Church of Calvary by Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office. ALSO, all that tract or parcel of land. situate, lying and being in the County of Richmond, State of Georgia., containing 1.51 acres, more or less, and located on tIul southeast side of Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty Investment Corporation by Baldwin" Cranston Associates, Inc. dated January 27, 1982, said property being bounded as follows: North and Northeast by land now or formerly of the Bungalow Club; East and Southeast by land now or f'onnetly of Waters; South and Southwest by Southgate Villa SubdivisiDDt Block "IP' and West and Northwest by Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said plat for a more QOmplete and. &.QCUfate description at to the metes, bounds, EU1d location of said. propmy. ~ ~ [lla)[jiJ(ojAooeO'occZl "lawyers Title . Lawyers Title Insurance Corporation SCHEDULE B - SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly tiled for record, to wit: Warranty Deed from University Health Care Foundation, a Georgia charitable corporation to Augusta, Georgia, a political subdivision of the State of Georgia conveying title to caption property. NOTE: This deed must be executed pursuant to proper corporate resolutions, and we must be furnished certified copies thereof. Item (cl Receipt of proof satisfactory to the Company that no improvements or repairs were made on the property within three months preceding the filing for record of the instrument required at Item (bl above; or in the event such improvements or repairs were made, that they have been completed and all costs incurred in connection therewith, including architect's fees, if any, have been paid. This commitment is invalid unless the Insuring Provisions and Schedules A and Bare atlached. Schedule B - Section I - Page I Commitment Number 3069510 Form No. 91-88 (B1) Form 4100-100 ~ ~ LZJ[{]dAmeG"Q'l:ZJ "lawyers Title . Lawyers Title Insurance Corporation SCHEDULE B - SECTION 2 EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. la. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or altaching subsequenl to the effective date hereof but prior to !he date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 1. All taxes for the year 2004 and subsequent years, and any additional taxes which may result from a reassessment of caption property. 2. The exact location of boundary lines, unrecorded easements, possible encroachments and other facts or conditions which would be disclosed by an accurate survey and inspection of the property; and rights, if any, of persons who may be in possession under claims not appearing of record. 3. Declaration of Restrictions and Covenants dated _____, page ,aforesaid records. , and recorded in Realty Reel NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the restriction is not in violation of state or federal law, or relates to a handicap, but does not discriminate against handicapped people. 4. Georgia Greenspace Program Grant Award Agreement, dated June 12, 2001, and recorded in Realty Reel 755, pages 935-947, aforesaid records. 5. Georgia Greenspace Act. NOTE: Attention is directed to the fact that the insuring provisions of this policy do not insure against loss by reason of any computational errors in the determination of the size of the area located within the boundary lines of the land as described in Schedule A hereof. NOTE: If the policy is 10 be issued in support of a mortgage loan, attenlion is directed to the fact that the Company can assume no liability under its policy, the closing instructions, or Insured Closing Service for compliance with the requirements of any consumer credit protection or truth in lending law in connection with said mortgage loan. This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached Schedule B - Section 2 - Page I Commitment Number 3069510 Form No. 91-88 (B2) Form 4100-100 . COMMITMENT FOR TITLE INSURANCE Issued by lawyers Title Insurance Corporation r.... 'llarru(1)jAmeu-i[a3 .. Lawyers Title Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance underwriters. LAWYERS TITLE INSURANCE CORPORATION, a Virginia 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 Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION Atlest: _tl J- L? V d- V ....... Secretary -_.........""','\ _--- IllSURANc 1'1, ;-....'" ......--_.. l" II ;' ~.... ....~o', ,,".,' -.- ... "", 1 c.., l '. "0 ~ "~:$E:A:t~O~ ~~: i:~ I.~ ~ i ~~ 1........ 1925 /Ot " ~ ". ..' +; '. ..... .......:' 'I ., ......... .. - II\,:('IIIWOMO .~__.? "",............... By: ?J-~(}. ~ President Conditions and Stipulations 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 Ihereon covered by this Commitment other than those shown in Schedule B 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 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 under taking in good faith (a) to comply wilh the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, 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 and Conditions and Stipulations and the Exclusions from Coverage 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. ALTA Commitment - 1966 Cover Page Form 1004.268 ORIGINAL ex:> CD N g o ~ [II E o u... D:::w Ou LLZ ~~ w::) :EC/) I-Z -- ::Ew :E...J Ot:: UI- <D c.o m ~ c: _2 ro -(3 o en en <( Q) ~ -0 c: ro ...J c: ~ -c Q) E <( c: o +:; CO ~ o c. ~ G) 0 ;;0 i= (1) en (.) ~ c: G) CO >. ~ ~ .0 :;: :::s ~ CO en ~..J .E <l> u c:: ~ => '" -~ '" ~ '0 ~ -E ",J!! .2 '" ~ .g o <l> e-E 0< u-o 3 ~ ",-' E <l> =>,s Be CD ~ ~~~ ~~'E CD E 2: ~",{g ~ _!!! 5 raQ) v- -- .... :10.0-- Q)1- E~ <(~ ~3: rara -1-1 g .; .5 ~ c: (""')0 g ~~ ~ t5~:;;~ ~&~~ "'<l>'" -~ .g -~ ~ E u.. '" -- oS; 8 rlc;,~~E ~~-oQ)~~ E 2 5 ~ ffi ~ <3 ~ -a. -i- c:......oQ) .. 0 -- Q; -,~a::_ ISSUED By OWNER'S POLICY OF TITLE INSURANCE fu..wyen{{itle Insurance @Ip9!~tic2J! POLICY NUMBER A lS-03902lf!f. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, insures, as of Date of Policy shown in SChedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedl,lle A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATiON Attest: -/J V t/J C/ ....... Secretary ......,....."'",, _--- ,,,SURAl.;",, .E......... .~..--_.. F A I, f~.... ....~o', /0, / -.- "\~l~ ~~{St1\t i=~ ~ 111 , 1 :::11 By: 1~~\. 1925 /~J 't, --0,- ........::' "'''- "/(';;~~~ .....-./' ,\.,,"',..,,~-- ?t~a. ~ President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these' laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ~ 2. I 3. , ,- Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of POlicy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA 10 Cover AL T A Owner's Policy (10-17-92) form 119o-74A ,.,' ,,- I.., no '"F'.I",''''' I .1Il11l1LlIg I '''tl' III ;BllI II.. IlIlIiIl!. II. n IIllnmm.". H ,Ill' " III' IIIH II JI II '1m III' lI"I.IHII.nn II~ ;1."'11 :111 U"'IIIl11 '11C'1I1l 1IU{,.Rn 11 ORIGINAL Valid only If Schedules A and B are attached SNOu.'V,ndu.s ON\f SNOU.IONO:l lualadwo:J 10 lmoo II AQ UO!IIlU!WJalap IllU!I Ol UO!lIlB!l!1 AUll ansmd AllW AUlldwo:) a4l 'A:l!lod S!4l10 SUO!s!^oJd a4l AQ paw.WJad JO paJ!nbaJ Sll asualap II pasodJalU! JO UO!Pll UIll4BnoJQ a^1l4 1I114S AUlldwO:) a4l Ja^aua4M (:J) "A\luaB!I!p os Op 1I114s II '4dllJBllJW S!4l Japun Sl4BiJ Sll aspJaxa Ire4S AuIldwO:) a41 II "A:J!lod S!41 10 UO!s!^oJd AUll a^!llM JO AllI!Qll!1 apa:Juo:J AQaJa41l0U 1I114S pUll 'JapunaJa4 alQllll aQ 1I114S II lOU JO Ja4la4M 'A:JlIod S!4l10 sWJal a4l Japun UO!Pll allliJdoJddll AlJe alIBI AllW AUlldwO:) a41 "pamsu! a4l 01 aBllWllp JO 5501 a:Jl1paJ JO lUa^aJd 01 JO 'pamsu! Sll 'lsaJalU! JO allllsa a41 Ol aml a4l 4S!IQlllsa Ol alQllJ!Sap JO A.JIlssa:Jau aQ AllW UOiU!do !il! U! 4:J!4M Pll Ja4l0 AUll op Ol JO Bu!paa:>OJd JO UO!Pll AlJe aln:>asoJd pUll ajl1lllsu! 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AUWWO:) a4111 "aBllWllp JO SSOI a4110 lunowe a41 BU!lllln:Jle:J 10 S!seq a41 'aIQ!ssod luapca a41 01 'alelS 1I114S pue aBeWllp JO SSOIIO S!SIlQ a4l Sajl1lllSUOO 4:Ji4M A:JlIod S!41 AQ lSU!eBe pamSU! JaUllW Ja4l0 JO 'all!l a41 uo a:JueJQwn:Jua JO Ua!1 JO 'U! 1:Jalap a41 aQp:Jsap 1I114S aBllwep JO SSOIIO IOOJd a41 "aBllWllp JO SSOI a41 01 asp Bu!^!B sl:Jel a41 ulelJa:Jse 1I114s lUllW!ep pamsu! a41 Jaije SAllP 06 U!41IM Auedwo:) a41 01 pa4S!Uml aQ 1I114s lUllW!IlP pamsu! a41 AQ 01 WOMS plJe pauBiS aBllwep JO SSOllo 100Jd e 'AuedwO:) a41 paP!^oJd uaaq aM?4 sUO!lelnd!IS pue SUO!I!PUO:) asa41 10 & uo!l:Jas Japun paJ!nbaJ sa:Jllou a41 Jaijll pUll 01 UO!I!ppe UI "3D'VW'VO 1::10 SSOl :10 :lOOl::ld 'S laa4S Ja^oo 10 aBIld pcau un panU!lu.o:J 1rA., ~talUllroJAmrn~~~cc<Bl '. IIIIIllawye[)'~ lit~e . Lawyers Title Insurance Corporation SCHEDULE A OWNER'S POLICY CASE l\'UMBER 3069510 DATE OF POLICY April 27, 2004 at 4:24 pm AMOUNT OF INSURANCE $39,000.00 ENDORSEMENTS POLICY NUMBER A75-0390244 I. NAME OF INSURED: Augusta, Georgia 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: Insured 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: (SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF) This being the same property conveyed to the Insured herein by Deed of University Health Care Foundation, Inc., dated March 4, 2004, filed for record April 27, 2004, and recorded in Realty Reel 924, pagers) 1223, aforesaid records. Deborah M. Lengsas Countersignature Authorized Office 0 Issued at Augusta, Georgia Policy A75 This Policy is invalid unless cover sheet and Schedule B are attached. AL T A Owners Policy (10-17-92) Form 4100-100 Exhibit A All that tract or parcel of land, situate, lying and being in the County of Richmond. State of Georgia, containing 16.55 acres, more or less, and fronting on the north side of Southgate Drive near ita intersection with Richmond Hill Road and located just South of the intersection of U. S. Highway #78 and U. S. Highway #1. said property being more particularly shown upon a lat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated April 7~ 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty R.ee1147 at pages 486--491, reference being made to said plat for a more complete and accurate description as to metes, bounds, and location of said property. LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by Deed recorded in Deed Book 160 at page 1233, Richm.ond County Clerk's office. ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates. Inc. dated January 27. 1982. said property being bounded as follows: North and Northeast by land now or formerly of the Bungalow Club; East and Southeast by land now or fonnerly of Waters; South and Southwest by Southgate Villa Subdivision, Block uP" and West and Northwest by Riviera Lane, said plat boing recorded in the Office of tho Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said plat for a more complete and accurate description at to the Dretes~ bounds, and location of said property. ~~ LandAm~ica. '. ... Lawyers Title ' Lawyers Title Insurance Corporation SCHEDULE B OWNER'S POLICY CASE NUMBER 3069510 POLICY NUMBER A75-0390244 EXCEPTIONS FROM COVERAGE This policy does nol insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. All taxes for the year 2004 and subsequent years, and any additional taxes which may result from a reassessment of caption property. 2. The exact location of boundary lines, unrecorded easements, possible encroachments and other facts or conditions which would be disclosed by an accurate survey and inspection of the property; and rights, if any, of persons who may be in possession under claims not appearing of record. 3. Declaration of Restrictions and Covenants dated March 4, 2004, and recorded in Realty Reel 924, page 1226, aforesaid records. NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the restriction is not in violation of state or federal law, or relates to a handicap, but does not discriminate against handicapped people. 4. Georgia Greenspace Program Grant Award Agreement, dated June 12, 2001, and recorded in Realty Reel 755, pages 935-947, aforesaid records. 5. Georgia Greenspace Act. NOTE: Attention is directed to the fact that the insuring provisions of this policy do not insure against loss by reason of any computational errors in the determination of the size of the area located within the boundary lines of the land as described in Schedule A hereof. May 4, 2004 Policy A75 ALTA Owner's Policy (10-17-92) Form 4100-100 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against aclual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of Ihe insured 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 which increases 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 land insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made. as to any partial loss, the Company 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 improvement. The provisions of this paragraph shall not apply to costs, attomeys' 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 per cent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attomeys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. I! the land described in Schedule A 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 insurance 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 otherwise 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 express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) I! 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 unmarketability 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. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. CONDITIONS AND STIPULATIONS (Continued) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights 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. I! requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise 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. I! a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. I! 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 right 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 limitation, the rights 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 Arbitration 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 policy, 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 eilher the Company or the insured. All arbitrable matters when 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 of Policy shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction 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 contract between the insured and the Company. In interpreting any provision of this policy, 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 asserting 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 President, 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: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. B 119D-74A =~ O~ CD -,-46 ~ 1a~ r~-4~! ~ ~c:g) ~~ j~ ~ ~ o >- ~ u u ~ ~ ~ ::J r/) r/) Z -~ ~ ~ Z ~ ~ ~ O~ z o ~ u o V') :;: w ~ f-; o z j,...., ('.j ~:2 i:2 ...... ~~ >- co Cl OJ -' '" ~ 51 ~i ~ 8 ~ g Q;) ~ ~ j] .. ;: o .... '" ~ '" U.., lr> "'-'" ",lr> ]J, 6~ "-~ ~ '" ;: 'E lJ "[< ir..i ^> u '" i:i:3"'l::i 0"'" ~ ;: '" := ~U] 08.:= ;I:",c:.:: . . . . . CJ) ~ z <r: ::I: .... LL o C a: o ~ <r: c..... <1> Olo:;:; C C .- ell .2 I- ECij(/) Q; '0 CD o..Ol;>' ... 0. ~ :J 0.. ell Oell...J o....c :J ._ t:: 0 ell(/).c a.(J)~ ell Ol ell >. a. ..... u x '- . =Ol65 o 0 ;>,+' 0.. _ ell :SeOo o ell 0.. ;>,~~o ~Olc() ell~OlOl E u;:!:! U Ol"O>c ~ ... Ol ell o (/) :; (/) ~ .- (/) <(...=5 E .~ E Ol 0. OJ C "E :J u ~ o C .!!! 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Cl ~ c:g) C\I .c a:: (/) ~ 0 x._ W ........ 0 OJ co .~ Q;) QJ ~ 5 :2 ~ ~r' 0 .=> ..., ."0 Z Cii ::;) = CL5w E ~ e EW ~ ~= ~ fE o 'w ~ a:: ...J () s:: ...J ~ ~ Exhibit A All that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 16.55 acres, more or less, and fronting on the north side of Southgate Drive near its intersection with Richmond Hill Road and located just South of the intersection of U. S. Highway #78 and U. S. Highway #1, said property being more particularly shown upon a lat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated April 7, 1969, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at pages 486-491, reference being made to said plat for a more complete and accurate description as to metes, bounds, and location of said property, LESS AND EXCEPT that certain 2.38 acres conveyed to Baptist Church of Calvary by Deed recorded in Deed Book 160 at page 1233, Richmond County Clerk's office. ALSO, all that tract or parcel of land, situate, lying and being in the County of Richmond, State of Georgia, containing 1.51 acres, more or less, and located on the southeast side of Riviera Lane and being more particularly shown upon a plat prepared for Knox Realty Investment Corporation by Baldwin & Cranston Associates, Inc. dated January 27, 1982, said property being bounded as follows: North and Northeast by land now or formerly of the Bungalow Club; East and Southeast by land now or formerly of Waters; South and Southwest by Southgate Villa Subdivision, Block "F" and West and Northwest by Riviera Lane, said plat being recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia in Realty Reel 147 at page 484; reference being made to said plat for a more complete and accurate description at to the metes, bounds, and location of said property.