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BRANCH SUNSET ASSOCIATES LIMITED , , .4.a I 89090985 I OR 5 9 7 8 PG i 0 9 0 fd~~~h~? tifF ~ r! ".: I .~I ~=: SUBORDINATION AGREEMENT r.., r ,)D " · ~110 c;: L ' .. i; i c~ rll' : ,; ; This Subordination Agreement (this "Agreement") is made as of the 1"-" day of ~, 1989, by BRANCH SUNSET ASSOCIATES, LTD., a Georgia limited partnership, ("Borrower"), and THE FIRST NATIONAL BANK OF ATLANTA, a national banking association ("Lender"). R E C I TAL S 1. Borrower and Lender are parties to a Mortgage and a Security Agreement dated December 17, 1987, recorded in Official Records Volume 6646, page 1100, public records of Pinellas County, Florida (the "Mortgage"), and a Second Mortgage and Security Agreement dated December 17, 1987, recorded in Official Records Volume 6646, page 1123, public 11 Rf.CORDINarecords of Pinellas County, Florida (the "Second Mortgage"). ACCT/()OO R~O~ FEES __ 2. Borrower has granted an easement to the City of l\nr: pre; . ,___~learwater, Florida, over, under and across a portion of PIC DOC ----the mortgaged property (the "Easement" ) . A copy of the fNT __ TOTAL Easement is attached hereto as Exhibit "A". ~,~- f} The City of Clearwater has requested, and Lender and ~ '~orrower have agreed, to enter into this Agreement to reflect '~ ~~ ~ ~ the unconditional subordination of the First Mortgage and ~~ r0 the Second Mortgage to the Easement as hereinafter provided. ~ j NOW, THEREFORE, in consideration of the premises, Borrower . C>-:~ 'J and Lender hereby agree as follows: 'no o ... ~ 1. Lender hereby unconditionally subordinates the ~ W First Mortgage and the Second Mortgage to the terms and Q: conditions of the Easement. 2. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and (!~ ~ F~ zn~ Ltil y/-Y,ky / tf Qf~:tQ ___~~n . , I I OR 5 91 8 PG I 0 9 I shall inure to the benefit of and be binding upon the parties herein and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: , BRANCH SUNSET ASSOCIATES, LTD. ., ) 44Y: Branch Sunset, Ltd., as sole general partner ui7&M ci1, W3(- ~c~ 9:fJ1~ By: Branch Sunset Partne Ltd., its sole g~ Partner ...,,;;.;;.:'\\\\\\1\111"1111'" ,..,,':.V ,,\ uI \9 H 0 ~> if;:'.'. ...,,, .., '....'t .::; .~ ..: ;.~<:'_ .~ _"<~>~' ......... '1;..,/ By: RHL Inv .!.- . ~~\.~'a.<htial<l,y.., Inc. ':....,~f.~~~~1\~1: ~ ,..);'-....+:iJ.o'~ f4.....I.:l . ~1~"~)- ~f I~I' ~o...;:) :: ::~~ ~. ," ~~ , . . :... " J ., 'l> ~'.J : "': :: By: -"'-- ..:." .", rjj" ,~ ::: Ri chard H. Lee, PrJ(s.l<de!a..+- ....\ t; I "Jr: '~,,' 'Q_,.,/~..~~.fr ~r\. ~ :- ' ~, v ! r'll" ~ "111 -.\ .,,' 'i.'~;:;iUU\I": "I., :,',' I r,;;~", --- cf~~. ce~ Presid. .: .,"" ~ g:: ~ t- ~t;..r;~df;~f~ik' STATE OF GEORGI~'1';;:'~~""iiF<;,.,~j COUNTY OF f:Ul:m @~~I:(ivti.~::\ The foregoing instrument was acknowledged b~"if!~~~;;i:i1ir;~~" this 11- day of ~, 1989, by Richard H. Lee, aJf~~:'t:he President of RHL Investment Company, Inc., a general partner of Branch Sunset Partners, Ltd., a Georgia limited partnership, a~ . the general ~artner of Branch Sunset, Ltd., a GeoEgJ;:9,;, llml ted partnershlp, as the general partner of Branch $. , Associates, Ltd., a Georgia limited partnership,f: of the corporation and each partner hip. .Ip:~{,:, THE FIRST NATIONAL STATE OF GPJp..fciA COUNTY OF ruli Y7 Commission i"~': -':-;;" . Th~ foregoing ins~rument was acknowledged b~fbre me thlS 1tt day of may[ h , 198.9..... by ma::-t p. L07.2 ~ President of The First ,N~ional Bank of Atla' a, a national banking association,.~~;,! ' alf of the association. I.{~. :"~&.~IJ.'.x'~~....~.'. ::,~...)j.f\, 1&~/~ Z)7 / f 1 "i..~\~~~.a~~ lC ~/~"~":_".'-::','~:,' ",-:'~$,~'" ,. '.~h,. ,',0,'" :fi;"r~'~~ .... '."i~. c~'~~~:~~ .~.~,~;~,;~~on Expires: ~-:/'$~'~ '~~" ~,' ".:'::,/;t: 3 6 4 . 0 ""< . Co my -. 'a . ';\';0 ~ : -;; ~ '~1~":' Notary PrIbIk:, Fulton u ,_Orgl :tlH.t.'~'!i':j\ '" :~..., E\,." My Commission Expires March 25,1990 :~4:r ' . -/~t, ",_ : (:), ;:;:..~ - , 't ~!" '_.za ". ""-") .gO ,:.~,.;'_!'''' .\~ ~-;~o~.." 1I~....~'~C;.~<"/:- ,~" .... .... It ,\\.. "." , '" "" ..... TV" ;:,~~~r~" :':?~'~ ~"\..h~J to \ ~ ,to. \' ,.. ',", ':~;~3,t'~~~~:i~;~>"' .\ I I ~, J.-_e- e EXHIBIT "A" EASEMEN'l' o ::0 O"l 1..0 -..J CO -0 C-J FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, o 1..0 N BRANCH SUNSET ASSOCIATES, LTD. does hereby grant and convey to the 'CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being situated in the County of Pinellas, state of Florida, to-wit: LEGAL DESCRIPTION - 40 FOOT DRAINAGE AND UTILITY EASEMENT The east 40 feet of all that tract of land described as follows; Lot I of Blackburn's subdivision according to the map or plat thereof recorded in Plat Book 24, page 62, of the Public Records of Pinellas County, Florida, less the East 180 feet thereof and subject to existing road right-of- way, and less and except those lands heretofore conveyed to Publix Super Markets, Inc., a Florida corporation, to First Federal Savings and Loan Association of Clearwater as evidenced by that certain conveyance dated October 5, 1970, recorded October 12, 1970, in Official Record Book 3409, pages 572 and 573, public records of Pinellas County, Florida. AND That part of Lot 12, Blackburn's subdivision, lying south of State Road 588 and North of County Road 50, according to the map of plat thereof as recorded in Plat Book 24, page 62, public records of Pinellas County, Florida. AND The Northerly 1033.01 feet of the Northeast 1/4 of the Southeast 1/4 of Section 6, Township 29 South, Range ,16 East, which lies East of the Florida Power Corporation easement, less the East 100 feet thereof for road right- of-way. The above described parcels being also described as follows: Being a part of the Northeast 1/4 of the Southeast 1/4 of Section 6, Township 29 South, Range 16 East also being a part of Lots 1 and 12, Blackburn's Subdivision as recorded in Plat Book 24, page 62 of the public records of Pinellas County, Florida, lying South of the new alignment of Sunset Point Road (also known as State Road No. 588) also that part of vacated Sunset Point Road (old alignment) described as follows: Begin at the Northeast corner of the Northeast 1/4 of the Southeast 1/4 of Section 6, Township 29 South, Range 16 East for the point of beginning; thence run SOl007'39"W, along the section line 1033.01 feet; thence S89051'33"W, 1110.10 feet to a concrete monument found on the Easterly line of the Florida Power Corporation easement as recorded in O.R. Book 1466, page 156, of the public records of Pinellas County, Florida; thence N01011'29"E, along said '- I I OR I) 9 7 8 PGI 0 9 3 Easterly line of the Florida Power easement, 1039.62 feet to an iron rod set on the Southerly right-of-way line of said Sunset Point Road (also known as State Road No, 588); thence along a curve to the left, chord bearing N70 57'29"E, 23.71 feet, arc 23.71 feet and radius 1502.23 feet to a set nail disk, thence N19 25'31W, 10.00' feet to a set nail disk; thence N70 34'29"E, 192.56 feet to an iron rod set; thence N19 25'31"W, 10.00 feet to an iron rod set, thence N70 34'29"E, 263,86 feet to an iron rod set, thence along a curve to the right, chord bearing N74 35'48"E, 193.89 feet, arc 194.05 feet and radius 1382.23 feet to a set nail and disk; thence SOl 03'19"W, 234.98 feet to a nail found on the East-West center line of said Section 6; thence Na9 51'29"E, along said East- West center line, 480,02 feet to the point of beginning. Less the East 100.00 feet for road right-of-way. This easement being for drainage and utility installation and maintenance. The Cl'rY OF CLEAHWA'l'ER, FLORIDA, shall have the right to enter upon the above described premises and to construct, install and maintain thereon any water lines and to inspect and alter such water lines from time to time; provided, however, that the Grantor hereunder hereby reserves the right to use the above-described property for uses not inconsistent with the City of Clearwater's use of the easement granted hereunder, including, without limitation, the Grantor's right to use all or a portion of said property for paved parking; provided further that the City of Clearwater shall restore any portion of the above property damaged in the course of the exercise of its rights hereunder, The rights and obligations hereunder shall inure to the benefit and burden of the parties, hereto and their respective heirs and successors-in-interest. IN WITNESS WHEREOF, the party hereto has caused these presents to be duly executed by its officer thereunto authorize~ and its seal to be hereunto affixed, this e........ ~ day of Je~~~, 1988. BRANCH SUNSET ASSOCIATES, LTD. By: Branch Sunset, Ltd., its sole General Partner By: Branch Sunset Partners, Ltd. its sole General Partner By: RilL Investment Company, Inc. A ~ne~al partner, J (j~~ ~'-. Richard H. Lee President By: . ........ : . '11 . . . I lOR 59 7 8 PC I 0 9 4 .. STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned authority, this day personally appeared Richard B. Lee to me well known and known to me to be the individuals described in and who executed the foregoing instrument as General Partner of Branch Sunset Partners, Ltd., named in the foregoing instrument, and he acknowledged to and before me that he executed said instrument on behalf of and in the name of said partnersllip as Gene~al Partner of Branch Sunset Ltd., the sole General Partner of Branch Sunset Associates, Ltd.; that they are duly authorized by said partnership to execute said instrument and that said instrument is the free act and deed of said partnership. IN WITNESS WHEREOF my official seal this 1988. I hare hereunto set ITjY hand It\l day of ~pJ(n\JJ~lI ~UV;Jtf.l~ bvoa,{/vP Notary Public and affixed , A.D. My Commission Expires: Notary Public, Fullon County, Georgia M~en L:Kpire& JlIly 1 S. 1990 """'11III . . . '- -I- ,. , I I OR 5 91 8 PG I 0 95 .. " L\ S E-"'( s\l\'" ~o. \~"'( fO "E- , 29 o~A . ~ 10 .... e& 210" . R=1382.Z3' C.B.: N 74035' 48"E C= 193.89' A= 194.05' :c: R= 1502.23' C.B.: N 70057'29''E A:C=23.7I' ,,'" '29 ~ o~A , L\ 10 " lj& ~ \9.... N 19025' 31"W 10.00' (7)- -co - (7) ,.,. oq- o ,., ON IF) N89051'29"E NE Cor of NE 1/4 of SE 1/4 of See 6-29-16 :-7.0.8. 480.02' .......... , q; '" ~ i i 100' 19025'31" W 10.00' N CD (7) ,., o . -..: .... .... ~ ~ l.: ~ C) ~ NOTE: This is nolo survey! :0 I . :,., !,., ;0 w :!: : I1l (7) N ,., I'- : 0 0 (7) 0 - 0 0 z IF) IF) :i S 89051' 33"W 1110.10' I: