HomeMy WebLinkAbout01-0219 PARTIES
,btor name (last name first if individual) and mailing address:
ldwell Development, Inc.
4 North Front Street
rmleysburg, PA 17043
1
btor name (last name first if individual) and mailing address:
la
btor name (last name first if individual) and mailing address:
lb
:ured PaAy(ies) name(s)(la~ nameflrstifindividual) and
J~ss ~rsecuri~intere~in~rmation:
adential Mortgage Capital Company, LLC
Mulberry Street
teway Center 4, 9th Floor
~ark, NJ 07102
ignee(s) of Secured Party name(s) (last name first if
ividual) and address for security interest information:
2
2a
cial Types of Parties (Check if applicable):
he terms "Debtor" and "Secured Party" mean "Lessee"
I "Lessor", respectively.
he terms "Debtor" and "Secured Pady" mean
~nsignee" and "Consignor", respectively.
)ebtor is a Transmittin9 Utility. 3
SECURED PARTY SIGNATURE(S)
statement is filed with only the Secured Party's signature
)effect a security interest in collateral (check applicable
[es))-
]acquired a~ter a change of name, identity or corporate
structure of the Debtor.
']as to which the firing has lapsed.
Yeady subject to a security interest in another county in
mnsylvania -
']when the collateral was moved to this county.
]when the Debtor's residence or place of business was
noved to this county.
ready subject to a security interest in another jurisdiction -
]when the collateral was moved to Pennsylvania.
]when the Debtor's location was moved to Pennsylvania.
]which is proceeds of the collateral described in block 9,
1 which a security interest was previously perfected
lescribe proceeds in block 9, if purchased with cash
,roceeds and not adequately described on the
FINANCING STATEMENT
Uniform Commercial Code Form UC..Q-t ._
IMPORTANT * Please read instructions be(~ co~letinia
Filing No. (stamped by filing officer): Date, Time, Filing O _ff~e (stem_ ped b~ filing officer)
C7
The Financing Statement is presented for ~ling pu~uant t~e UO~rm
Code and is to be filed with the (check applicable box).
~Secreta~ of the Co~nwealth.
~Prothonotary o, L~ ~ ~ County.
Ureal estate Records of _ County.
Number of Additional Sheets fif
Optional Special Identification (Max. 10 charactem):
CO~TE~L
Identify collateral by item and/or type:
See Schedule A atLached hereto and made a parL hereof
5
Elf check only if desired) Products of the collateral are also covered. 9
Identify related real estate if applicable. The collateral is, or includes (check
appropriate box(es) -
a. I-]crops growing or to be grown on -
b. r-lgoods which are or are to become §xture on -
c. r'lminorals or the like (including oil and gas) as extracted on -
d. r-laccounts resulting from the sale of minerals or the like (including oil and gas) at
the wellhead or minehead on -
the following real estate:
Street Address:
Describe at: Book _of (check one) r-]Deeds I--IMortgages, at Page(s)__
for County. Uniform Parcel Identifier .,
J-]Described on Additional Sheet,
Name of record owner (required only if no Debtor has an interest of record):
DEBTOR SIGNATURE(S)
Debtor Signature(s):
1 See Attached Signature Addendum
10
lb
dequately described on the original financing statement. RETURN RECEIPT TO:
Winston &Strawn
Secured Party Signature(s): 200 Park Avenue
(Required only if box(es) is checked above): New York, New York 10166
Attn: Nadgia James
11
4 12
oved by the Secretary of the Commonwealth of Pennsylvania
SIGNATURE ADDENDUM
Caldwell Development, Inc,
a Pennsylvania corporation
Title: President
SCHEDULE A
All of Debtor's right, title and interest in and to the following:
All that certain lot(s), piece(s) or parcel(s) of land (the "Real Estate") as more
particularly described on Exhibit "A" annexed hereto and made a part hereof, together with all of
the easements, rights, privileges, franchises, tenements, hereditaments and appurtenances now or
hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest,
claim and demand whatsoever of Debtor therein or thereto, either at law or in equity, in
possession or in expectancy, now or hereafter acquired; and
II. All structures, buildings and improvements of every kind and description now or at any
time hereafter located or placed on the Real Estate (the "Improvements"); and
III. All furniture, furnishings, fixtures, goods, equipment, inventory or personal property
owned by Debtor and now or hereafter located on, attached to or used in and about the
Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators,
stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and
all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposals
and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and
chattels and personal property owned by Debtor as are now or hereafter used or furnished in
operating the Improvements, or the activities conducted therein, and all building materials and
equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and
guaranties relating thereto, and all additions thereto and substitutions and replacements therefor
(exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
and
IV. All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys,
passages, sewer rights, and other emblements now or hereafter located on the Real Estate or
under or above the same or any part or parcel thereof or otherwise belonging, relating or
appertaining to the land and/or Improvements, or any part thereof, and all estates, rights, titles,
interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in
any way belonging, relating or appertaining to the Real Estate or any part thereof, or which
hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or
hereafter acquired by Debtor; and
V. All water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and
drainage rights which are appurtenant to, located on, under or above or used in connection with
the Real Estate or the Improvements, or any part thereof, whether now existing or hereafter
created or acquired; and
VI. All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or
hereafter located on, under or above the Real Estate; and
VII. All cash funds, deposit accounts and other rights and evidence of rights to cash, now or
hereafter created or held by Secured Party pursuant to the Deed to Secure Debt and Security
Agreement or any other of the Loan Documents (as hereinafter defined) including, without
525789.1
limitation, all funds now or hereafter on deposit in the Impound Account, Replacement Reserve,
Repair and Remediation Reserve and the Payment Reserve (as hereinafter defined); and
VIII. All leases, licenses, concessions and occupancy agreements of the Real Estate or the
Improvements now or hereafter entered into and all rents, royalties, issues, profits, revenue,
income and other benefits (collectively, the "Rents and Profits") of the Real Estate or the
Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof
or from any lease, license, concession, occupancy agreement or other agreement pertaining
thereto or arising from any of the Contracts (as hereinafter defined) or any of the General
Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by
the tenants, lessees or licensees, as applicable, of their obligations under any such leases,
licenses, concessions or occupancy agreements, whether said cash or securities are to be held
until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or
applied to one or more of the installments of rent coming due prior to the expiration of said
terms; and
IX. All contracts and agreements now or hereafter entered into covering any part of the Real
Estate or the Improvements (collectively, the "Contracts") and all revenue, income and other
benefits thereof, including, without limitation, management agreements, service contracts,
maintenance contracts, equipment leases, personal property leases and any contracts or
documents relating to construction on any part of the Real Estate or the Improvements (including
plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the
management or operation of any part of the Real Estate or the Improvements; and
X. All present and future monetary deposits given to any public or private utility with
respect to utility services furnished to any part of the Real Estate or the Improvements; and
XI. All present and future funds, accounts, instruments, accounts receivable, documents,
causes of action, claims, general intangibles (including without limitation, trademarks, trade
names, servicemarks and symbols now or hereafter used in connection with any part of the Real
Estate or the Improvements, all names by which the Real Estate or the Improvements may be
operated or known, all rights to carry on business under such names, and all rights, interest and
privileges which Debtor has or may have as developer or declarant under any covenants,
restrictions or declarations now or hereaRer relating to the Real Estate or the Improvements) and
all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to
the Real Estate or the Improvements (collectively, the "General Intangibles"); and
XI/. All water taps, sewer taps, certificates of occupancy, permits, licenses, franchises,
certificates, consents, approvals and other rights and privileges now or hereafter obtained in
connection with the Real Estate or the Improvements and all present and future warranties and
guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings,
personal property or components of any of the foregoing now or hereafter located or installed on
the Real Estate or the Improvements; and
XIfi. All building materials, supplies and equipment now or hereafter placed on the Real Estate
or in the Improvements and all architectural renderings, models, drawings, plans, specifications,
studies and data now or hereafter relating to the Real Estate or the Improvements; and
2
525789.1
XIV. All right, title and interest of Debtor in any insurance policies or binders now or hereafter
relating to the Real Estate or the Improvements including any unearned premiums thereon; and
XV. All proceeds, products, substitutions and accessions (including claims and demands
therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or
liquidated claims, including, without limitation, proceeds of insurance and condemnation
awards; and
XVI. All other or greater rights and interests of every nature in the Real Estate or the
Improvements and in the possession or use thereof and income therefrom, whether now owned
or hereafter acquired by Debtor.
All capitalized terms not otherwise defined herein shall have the respective
meanings ascribed to such terms in that certain Mortgage and Security Agreement dated as of
December __, 2000 from Caldwell Development, Inc., a Pennsylvania corporation, as Mortgagor
for the benefit of PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, a Delaware
limited liability company, as Mortgagee and recorded in the County Recorder's office of
Cumberland County, Pennsylvania.
3
$25789.1
EXHIBIT "A"
ALL THAT CERTAIN piece, parcel or tract of land situated on the North side of Cumberland
Parkway, S.R. 8045, located in Upper Allen Township, Cumberland County, Pennsylvania, said tract
being more fully bounded and described as follows:
BEGINNING at a point in line of lands now or formerly of Pennsylvania Turnpike Commission,
said point being a comer of lands now or formerly of Michael A. Seduce; thence extending along lands
of Seduce, the eight (08) following courses and distances; [1] South nineteen (19) degrees twenty-five
(25) minutes ten (10) seconds East, a distance of one hundred thirty-six and fifty-seven hundredths
(136.57) feet to a point; [2] South sixteen (16) degrees twenty-six (26) minutes three (03) seconds
West, a distance of two hundred thirty-seven and seventy-nine hundredths (237.79) feet. to a point; [3]
South seventy-three (73) degrees thirty-three (33) minutes fifty-seven (57) seconds East, a distance
of seventy-five and eighty-four hundredths (75.84) feet to a point; [4] on a line curving to the left,
having a radius of one thousand one hundred seventy-five and zero hundredths (1175.00) feet, an arc
length of fody and forty-six hundredths (40.46) feet, a chord bearing of South seventy-four (74)
degrees thirty-three (33) minutes eight (08) seconds East, and a chord distance of forty and forty-six
hundredths (40.46) feet to a point; [5] South seventy-five (75) degrees thirty-two (32) minutes twenty
(20) seconds East a distance of fifty-three and seventy-four hundredths (53.74) feet to a point; [6]
South nineteen (19) degrees twenty-five minutes (25) ten (10) seconds East, a distance of three and
sixty-four hundredths (3.64) feet to a point; [7] South one (01) degree six (06) minutes forty-four (44)
seconds East, a distance of one hundred forty-five and fifty hundredths (145.50) feet to a point; and
[8] South seventeen (17) degrees one (01) minute thirty-two (32) seconds East, a distance of one
hundred forty-three and eighty-seven hundredths (143.87) feet to a point on the North right-of-way line
of Cumberland Parkway, S.R. 8045; thence extending along the same, the four (04) following courses
and distances: [1] on a line curving to the right, having a radius of two hundred eighty-lwo and zero
hundredths (282.00) feet, an arc length of thirty-nine and eighty-six hundredths (39.86)feet, a chord
bearing of North seventy-eight (78) degrees thirty-four (34) minutes seven (07) seconds West, and a
chord distance of thidy-nine and eight-three hundredths (39.83) feet to a point; [2]North seventy-four
(74) degrees thirty-one (31) minutes ten (10) seconds West, a distance of one hundred twenty-one and
seventy-one hundredths (121.71 ) feet to a point; [3] on a line curving to the right, having a radius of
three hundred fifty-five and fifty-eight hundredths (355.58) feet, an arc length of forty and sixty-two
hundredths (40.62) feet, a chord bearing of North seventy-six (76) degrees fifty (50) minutes nineteen
(19) seconds West, and a chord distance of forty and sixty hundredths (40.60) feet to a point; and [4]
North seventy-three (73)degrees thidy-three (33) minutes fifty-seven (57) seconds West, a distance
of nine hundred thirty-seven and twenty-nine hundredths (937.29) to an iron pin, a corner of lands now
or formedy of System Realty Three, Inc.; thence extending along the same, Nodh sixteen (16) degrees
thirty-six (36) minutes twenty-nine (29) seconds West, a distance of eight hundred twenty-seven and
thirty-one hundredths (827.31) feet to an iron pin in line of lands now or formerly of Pennsylvania
Turnpike Commission; thence extending along the same, the three (03) following courses and
distances: [1] South eight-three (83) degrees twenty-four (24) minutes thirty (30) seconds East, a
distance of three hundred seventeen and ninety-two hundredths (317.92) feet to a point; [2] South
seventy-four (74) degrees seven (07) minutes fifty-five (55) seconds East, a distance of three hundred
three and ninety-eight hundredths (303.98) feet to a point; and [3] South thirty-eight (38) degrees
twenty-four (24) minutes thirty (30) seconds East, a distance of three hundred twelve and six
hundredths (312.06) feet to a point, a comer of Outparcel #2A; thence extending along the same, the
four (04) following courses and distances: [1] South forty-nine (49) degrees twenty-four (24) minutes
seventeen (17) seconds West, a distance of thirty-nine and fifty-three hundredths (39.53) feet to a
point; [2] South sixteen (16) degrees twenty-six minutes (26) three (03) seconds West,:a distance of
two hundred seventy-one and two hundredths (271.02) feet to a point; [3] South seventy-three (73)
degrees thirty-three (33) minutes fifty-seven (57) seconds East, a distance of two hundred eleven and
eighty-five hundredths (211.85) feet to a point; and [4] North sixteen (16) degrees twenty-six (26)
minutes three (03) seconds East, a distance of two hundred eighty-one and four hundredths (281.04)
feet to a point in line of lands now or formedy of Pennsylvania Turnpike Commission; thence extending
along the same, the two (02) following courses and distances: [1] South eighty-three (83) degrees
twenty-four (24) minutes thirty (30) seconds East, a distance of one hundred fifty-two and seventy-six
hundredths (152.76) feet to a point; and [2] Nodh eighteen (18) degrees fifty-four (54) minutes rKrty-four
(54) seconds East, a distance of forty-one and thirty-seven hundredths (41.37) feet to the place of
BEGINNING.
CONTAINING 16.0726 Acres.
I19566
PARTIES
Debtorneme(Iostnamefimtifindividuol)and mailingoddress:
Caldwell Development. Inc.
434 North Front Street
Wormleysburg, PA 17043
1
Debtor nome (lost name first if individual) and moiling oddress:
la_
Debtor name (last name first if individual) and mailing address:
}curedParty(ie~ ofRecordname~)0astnamefi~if
dividuol) add~ssforsecuri~inte~in~rma~on:
~udential Mortgage Capital Company,
bC
)0 Mulberry Street
~teway Center 4, 9th Floor
~wark, NJ 07102
.~cial Types of Parties (check if applicable):
The terms "Debtor" and "Secured Party" mean "Lessee"
~ "Lessor", respectively.
The terms "Debtor" and "Secured Party" mean "Consignee"
I "Consignor", respectively,
Debtor is a Transmitting Utility.
3
SIGNATURE(S)
:or Signature(s) (only if Amendment):
FINANCING STATEMENT CHANGE
Uniform Commercial Code Form UCC-3
IMPORTANT - Please read instructions before completing
Filing No. (stamped by filing offlcer):Date, Time, Filing O~ice [stamped by filing officer):
Ol-,A'}ci
This Financing Stotement Change is presented for fi~ursu~ to the Uniform
Commerciol Code, and is to be filed with the (che~kapplica~l~ box):
D secreta~ of the Commonwealth. :~" : '
~Prothonota~ of ~ (~ ~5 ~ ~
D
Real Estate Records of c°Uhty.
Number of Additional Sheets (if any): 5
Oetional Special Identification (Max. 10 characters):
ORIGINAL FINANCING STATEMENT BEING CHANGED
This Financing Statement Change relates to original Financing Statement
No. filed with the:
[] Secretary of the Commonwealth on (date)
[] Prothonotary of _County on (date)
[] Real Estate Records of_ County on (date)
7
8
9
DESCRIPTION OF FINANCING STATEMENT CHANGE
[] Continuation - The original Financing Statement identified above is still effective.
[] Termination - The Secured Party of Record no longer claims a security interest
under ofiginoJ Financing Statement identified above.
[] Release. The Secured Party of Record has released the collateral described in
I)lock 11 from the collateral covered by the Financing Statement identified above.
~l Assignment - The Secured Party of Record has assigned to the Assignee, whose
address are contained in block 11, rights in the collateral described in block 11,
under the o~iginal Financing Statement identified above.
[] Amendment - The original Financing Statement identified above is amended as
set forth in Block 11 (signatures of Debtor and Secured Party of Record are
required).
10
Descfiptionofcollateralreleased, figh~assigned. Ass~nee(nemeandaddre~
orAmendment(asindicatedi~blockl0):
See Schedule A attached hereto and made a part
hereof
Assignee: Prudential Mortgage Capital Funding,
LLC, 100 Mulberry Street, GC4, 9th Floor, Newark,
NJ 07102
ed Party Signature(s):
Attached Signature Addendum
RETURN RECEIPTTO:
Winaton &Strawn
200 Park Avenue
New York, New York 10166
Attn: Nadgia James
11
4 12
~ed by the Secretory of the Commonwealth of Pennsylvania
SIGNATURE ADDENDUM
PRUDENTIAL MORTGAGE CAPITAL
COMPANY, LLC,
a Delaware limited~hbility~ company
By: ~C~ ~/~
Name: Rose Sails
Title:Principal
SCHEDULE A
All of Debtor's fight, title and interest in and to the following:
I. All that certain lot(s), piece(s) or parcel(s) of land (the "Real Estate") as more
particularly described on Exhibit "A" annexed hereto and made a part hereof, together with all of
the easements, fights, pfivileges, franchises, tenements, hereditaments and appurtenances now or
hereafter thereunto belonging or in any way appertaining and all of the estate, right, title, interest,
claim and demand whatsoever of Debtor therein or thereto, either at law or in equity, in
possession or in expectancy, now or hereafter acquired; and
II. All structures, buildings and improvements of every kind and descfiption now or at any
time hereafter located or placed on the Real Estate (the "Improvements"); and
III. All furniture, furnishings, fixtures, goods, equipment, inventory or personal property
owned by Debtor and now or hereafter located on, attached to or used in and about the
Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators,
stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, and
all appliances, plumbing, heating, air conditioning, lighting, ventilating, reffigerating, disposals
and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and
chattels and personal property owned by Debtor as are now or hereafter used or furnished in
operating the Improvements, or the activities conducted therein, and all building materials and
equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and
guaranties relating thereto, and all additions thereto and substitutions and replacements therefor
(exclusive of any of the foregoing owned or leased by tenants of space in the Improvements);
and
IV. All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys,
passages, sewer rights, and other emblements now or hereafter located on the Real Estate or
under or above the same or any part or parcel thereof or otherwise belonging, relating or
appertaining to the land and/or Improvements, or any part thereof, and all estates, rights, titles,
interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in
any way belonging, relating or appertaining to the Real Estate or any part thereof, or which
hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or
hereafter acquired by Debtor; and
V. All water, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and
drainage rights which are appurtenant to, located on, under or above or used in connection with
the Real Estate or the Improvements, or any part thereof, whether now existing or hereafter
created or acquired; and
VI. All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or
hereafter located on, under or above the Real Estate; and
VII. All cash funds, deposit accounts and other fights and evidence of fights to cash, now or
hereafter created or held by Secured Party pursuant to the Deed to Secure Debt and Security
Agreement or any other o f the Loan Documents (as hereinafter defined) including, without
525789.1
limitation, all funds now or hereafter on deposit in the Impound Account, Replacement Reserve,
Repair and Remediation Reserve and the Payment Reserve (as hereinafter defined); and
VIII. All leases, licenses, concessions and occupancy agreements of the Real Estate or the
Improvements now or hereafter entered into and all rents, royalties, issues, profits, revenue,
income and other benefits (collectively, the "Rents and Profits") of the Real Estate or the
Improvements, now or hereafter arising from the use or enjoyment of all or any portion thereof
or from any lease, license, concession, occupancy agreement or other agreement pertaining
thereto or arising from any of the Contracts (as hereinafter defined) or any of the General
Intangibles (as hereinafter defined) and all cash or securities deposited to secure performance by
the tenants, lessees or licensees, as applicable, of their obligations under any such leases,
licenses, concessions or occupancy agreements, whether said cash or securities are to be held
until the expiration of the terms of said leases, licenses, concessions or occupancy agreements or
applied to one or more of the installments of rent coming due prior to the expiration of said
terms; and
IX. All contracts and agreements now or hereafter entered into covering any part of the Real
Estate or the Improvements (collectively, the "Contracts") and all revenue, income and other
benefits thereof, including, without limitation, management agreements, service contracts,
maintenance contracts, equipment leases, personal property leases and any contracts or
documents relating to construction on any part of the Real Estate or the Improvements (including
plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the
management or operation of any part of the Real Estate or the Improvements; and
X. All present and future monetary deposits given to any public or private utility with
respect to utility services furnished to any part of the Real Estate or the Improvements; and
XI. All present and future funds, accounts, instruments, accounts receivable, documents,
causes of action, claims, general intangibles (including without limitation, trademarks, trade
names, servicemarks and symbols now or hereafter used in connection with any part of the Real
Estate or the Improvements, all names by which the Real Estate or the Improvements may be
operated or known, all rights to carry on business under such names, and all rights, interest and
privileges which Debtor has or may have as developer or declarant under any covenants,
restrictions or declarations now or hereafter relating to the Real Estate or the Improvements) and
all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to
the Real Estate or the Improvements (collectively, the "General Intangibles"); and
XII. All water taps, sewer taps, certificates of occupancy, permits, licenses, franchises,
certificates, consents, approvals and other rights and privileges now or hereafter obtained in
connection with the Real Estate or the Improvements and all present and future warranties and
guaranties relating to the Improvements or to any equipment, ftxtures, furniture, furnishings,
personal property or components of any of the foregoing now or hereafter located or installed on
the Real Estate or the Improvements; and
XIII. All building materials, supplies and equipment now or hereafter placed on the Real Estate
or in the Improvements and all architectural renderings, models, drawings, plans, specifications,
studies and data now or hereafter relating to the Real Estate or the Improvements; and
2
525789.1
XIV. All right, title and interest of Debtor in any insurance policies or binders now or hereafter
relating to the Real Estate or the Improvements including any unearned premiums thereon; and
XV. All proceeds, products, substitutions and accessions (including claims and demands
therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or
liquidated claims, including, without limitation, proceeds of insurance and condemnation
awards; and
XVI. All other or greater fights and interests of every nature in the Real Estate or the
Improvements and in the possession or use thereof and income therefrom, whether now owned
or hereafter acquired by Debtor.
Ail capitalized terms not otherwise defined herein shall have the respective
meanings ascribed to such terms in that certain Mortgage and Security Agreement dated as of
January __, 2001 from Caldwell Development, Inc., a Pennsylvania corporation, as Mortgagor
for the benefit of PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, a Delaware
limited liability company, as Mortgagee and recorded in the County Recorder's office of
Cumberland County, Pennsylvania.
3
525789.1
EXHIBIT "A"
ALL THAT CERTAIN piece, parcel or tract of land situated on the North side of Cumberland
Parkway, S.R. 8045, located in Upper Allen Township, Cumberland County, Pennsylvania, said tract
being more fully bounded and described as follows:
BEGINNING at a point in line of lands now or formerly of Pennsylvania Turnpike Commission,
said point being a corner of lands now or formedy of Michael A. Serluco; thence extending along lands
of Serluco, the eight (08) following courses and distances; [1] South nineteen (19) degrees twenty-five
(25) minutes ten (10) seconds East, a distance of one hundred thirty-six and fifty-seven hundredths
(136.57) feet to a point; [2] South sixteen (16) degrees twenty-six (26) minutes three (03) seconds
West, a distance of two hundred thirty-seven and seventy-nine hundredths (237.79) feet to a point; [3]
South seventy-three (73) degrees thirty-three (33) minutes fifty-seven (57) seconds East, a distance
of seventy-five and eighty-four hundredths (75.84) feet to a point; [4] on a line curving to the left,
having a radius of one thousand one hundred seventy-five and zero hundredths (1175.00) feet, an arc
length of forty and forty-six hundredths (40.46) feet, a chord bearing of South seventy-four (74)
degrees thirty-three (33) minutes eight (08) seconds East, and a chord distance of forty and forty-six
hundredths (40.46) feet to a point; [5] South seventy-five (75) degrees thirty-two (32) minutes twenty
(20) seconds East a distance of fifty-three and seventy-four hundredths (53.74) feet to a point; [6]
South nineteen (19) degrees twenty-five minutes (25) ten (10) seconds East, a distance of three and
sixty-four hundredths (3.64) feet to a point; [7] South one (01) degree six (06) minutes forty-four (44)
seconds East, a distance of one hundred forty-five and fifty hundredths (145.50) feet to a point; and
[8] South seventeen (17) degrees one (01) minute thirty-two (32) seconds East, a distance of one
hundred forty-three and eighty-seven hundredths (143.87) feet to a point on the North right-of-way line
of Cumberland Parkway, S.R. 8045; thence extending along the same, the four (04) following courses
and distances: [1] on a line curving to the right, having a radius of two hundred eighty-two and zero
hundredths (282.00) feet, an arc length of thirty-nine and eighty-six hundredths (39.86) feet, a chord
bearing of North seventy-eight (78) degrees thirty-four (34) minutes seven (07) seconds West, and a
chord distance of thirty-nine and eight-three hundredths (39.83) feet to a point; [2]North seventy-four
(74) degrees thirty-one (31) minutes ten (10) seconds West, a distance of one hundred twenty-one and
seventy-one hundredths (121.71 ) feet to a point; [3] on a line curving to the right, having a radius of
three hundred fifty-five and fifty-eight hundredths (355.58) feet, an arc length of forty and sixty-two
hundredths (40.62) feet, a chord bearing of North seventy-six (76) degrees fifty (50) minutes nineteen
(19) seconds West, and a chord distance of forty and sixty hundredths (40.60) feet to a point; and [4]
North seventy-three (73) degrees thirty-three (33) minutes fifty-seven (57) seconds West, a distance
of nine hundred thirty-seven and twenty-nine hundredths (937.29) to an iron pin, a comer of lands now
or formerly of System Realty Three, Inc.; thence extending along the same, North sixteen (16) degrees
thirty-six (36) minutes twenty-nine (29) seconds West, a distance of eight hundred twenty-seven and
thirty-one hundredths (827.31) feet to an iron pin in line of lands now or formerly of Pennsylvania
Turnpike Commission; thence extending along the same, the three (03) following courses and
distances: [1] South eight-three (83) degrees twenty-four (24) minutes thirty (30) seconds East, a
distance of three hundred seventeen and ninety-two hundredths (317.92) feet to a point; [2] South
seventy-four (74) degrees seven (07) minutes fifty-five (55) seconds East, a distance of three hundred
three and ninety-eight hundredths (303.98) feet to a point; and [3] South thirty-eight (38) degrees
twenty-four (24) minutes thirty (30) seconds East, a distance of three hundred twelve and six
hundredths (312.06) feet to a point, a comer of Outparcel #2A; thence extending along the same, the
four (04) following courses and distances: [1] South forty-nine (49) degrees twenty-four (24) minutes
seventeen (17) seconds West, a distance of thirty-nine and fifty-three hundredths (39.53) feet to a
point; [2] South sixteen (16) degrees twenty-six minutes (26) three (03) seconds West, a distance of
two hundred seventy-one and two hundredths (271.02) feet to a point; [3] South seventy-three (73)
degrees thirty-three (33) minutes fifty-seven (57) seconds East, a distance of two hundred eleven and
eighty-five hundredths (211.85) feet to a point; and [4] North sixteen (16) degrees twenty-six (26)
minutes three (03) seconds East, a distance of two hundred eighty-one and four hundredths (281.04)
feet to a point in line of lands now or formedy of Pennsylvania Tumpike Commission; thence extending
along the same, the two (02) following courses and distances: [1] South eighty-three (83) degrees
twenty-four (24) minutes thirty (30) seconds East, a distance of one hundred fifty-two and seventy-six
hundredths (152.76) feet to a point; and [2] North eighteen (18) degrees fifty-four (54) minutes fifty-four
(54) seconds East, a distance of forty-one and thirty-seven hundredths (41.37) feet to the place of
BEGINNING.
CONTAINING 16.0726 Acres.
/19566
I
_ '1-..,