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Home My WebLink About10-0488L''V Bu:hana,n ?gar?ol &.GOney PC. 22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. : DOCKET NO.: 10 188 NOTICE TO DEFEND TO: Defendant You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. N N co IF YOU CANNOT AFPORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PA.oo k ? ;Z-A- aaLL Lq C?) r1 z9 ? 7 t ?5 4G' Euohailaii Iii gersol i Mooney LAWYER REFERRAL SERVICE 4TH FLOOR, CUMBERLAND COUNT'Y' COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ttorney for Plaintiff 2 #4663462-v1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. DOCKET NO.: COMPLAINT FOR MORTGAGE FORECLOSURE Plaintiff, Bank of America, N.A., successor by merger to LaSalle Bank, N.A. ('Bank of America"), as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2, acting by and through its Special Servicer, Berkadia Commercial Mortgage, LLC, by and through its undersigned attorneys, Buchanan Ingersoll & Rooney PC, files the following Complaint for Mortgage Foreclosure against defendant, SFN PA, LLC. PARTIES 1. Plaintiff, Bank of America is a national banking institution created pursuant to the National Banking Act, 12 U.S.C. § 21 et seq., having an office and place of business at 135 South LaSalle Street, Chicago, Illinois 60674, and makes this Complaint in its capacity as Trustee ("Plaintiff' or "Bank of America, Trustee") for the registered holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2, a real estate mortgage investment conduit trust (the "Trust"). 2. Berkadia Commercial Mortgage, LLC (`Berkadia") is the special servicer for Bank of America, Trustee and is authorized to act on its behalf and commence this action. 3. Defendant, SFN PA, LLC ("Defendant" or "SFN PA"), is a Pennsylvania limited liability corporation having its principal place of business at c/o ASC Corporation, 326 Third Street, Lakewood, New Jersey 08701. BACKGROUND A. The Note and Mortgage 4. On or about January 26, 2001, Defendant signed, executed and delivered to GMAC Commercial Corporation ("GMAC") a Promissory Note (the "Note"), pursuant to which Defendant promised to pay to GMAC the principal sum of $33,000,000.00 (the "Loan"), with interest in arrears and other charges as set forth therein. A true and correct copy of the Note is attached hereto as Exhibit "1" and the terms of the Note are incorporated by reference as if fully set forth herein. 5. The Note was payable in consecutive monthly payments of principal and interest in the amount of $234,594.33 commencing March 5, 2001, and continuing on the fifth day of each and every successive month thereafter until February 5, 2011 ("Note Obligations") 6. Payment in full of the entire principal balance together with accrued interest was due on February 5, 2011 (the "Maturity Date"). Note, Paragraph 2.01. 7. The Note provides, in pertinent part, that an event of default shall occur: (a) if any payment of principal and interest or any other payment required under this Note is not received by the Lender on or before the date that is five (5) 2 days after the date such payment is due (except that no grace period shall be provided for the payment of principal and interest due on the Maturity Date or upon acceleration of indebtedness following the occurrence of an Event of Default). Note, Paragraph 4.01. 8. The Note further provides that if the Note is not paid in full on or before the Maturity Date or the date which the due date of the indebtedness has been accelerated pursuant to the provisions therein: the unpaid principal and accrued interest and other amounts then due shall bear interest at a rate per annum ("Default Interest Rate") equal to the lesser of (a) five percent (5.0%) in excess of the Interest Rate or (b) the maximum rate of interest, if any, which may be charged or collected from Borrower under applicable law.... Interest at the Default Interest Rate shall be immediately due and payable from the due date specified herein and shall accrue until all Events of Default have been fully cured or full payment is received, as applicable. Note, Paragraph 4.03. 9. The Note also provides, in relevant part, that if Borrower's obligations are enforced by Plaintiff or any payment collected due under the Note or Loan Documents, as defined therein, through an attorney-at-law "Borrower agrees to pay all costs incurred by Lender in connection therewith, including, but not limited to, reasonable fees and disbursements of legal counsel...." Note, Paragraph 4.05. 10. As security for the Note, Defendant made, executed and delivered to GMAC, among other things, that certain Mortgage and Security Agreement dated January 26, 2001 (the "Mortgage"), covering certain real property located at (i) 3535 Winchester Road, Allentown, Lehigh County, Pennsylvania ("Winchester Corporate Center"), (ii) 1550 Pond Road, Allentown, Lehigh County, Pennsylvania ("Winchester Corporate Center II"), (iii) 5001 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Hillside Corporate Center"), and (iv) 2001 State Hill Road, Wyomissing, Berks County, Pennsylvania ("Executive Park", collectively, the "Mortgage Properties"). 11. Legal descriptions of the Mortgage Properties are attached to the Mortgage as Exhibit "A-1 through A-4." 12. The Mortgage was duly recorded (i) on March 29, 2001 in the office of the Recorder of Deeds of Lehigh County, Pennsylvania in Deed Book 2489, at Page 0601, (ii) on February 21, 2001 in the office of the Recorder of Deeds of Berks County, Pennsylvania in Mortgage Book 3297, Page 737, and (iii) on February 15, 2001 in the in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 1670, Page 983. 13. On May 2, 2001, Defendant made, executed and delivered to GMAC that certain First Amendment to Mortgage and Security Agreement dated May 2, 2001 (the "First Amendment to Mortgage") 14. The First Amendment to Mortgage was duly recorded (i) on August 7, 2001, in the office of the Recorder of Deeds of Lehigh County, Pennsylvania in Deed Book 1010, at Page 0606, (ii) on August 10, 2001 in the office of the Recorder of Deeds of Berks County, Pennsylvania in Mortgage Book 3378, Page 1873, and (iii) July 19, 2001 in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 1727, Page 4949. B. The Assignment 15. On or about February 15, 2002, GMAC made, executed and delivered to LaSalle National Bank, N.A. ("LaSalle Bank"), as Trustee that certain Assignment of Mortgage and Security Agreement and Assignment of Assignment of Leases and Rents ("Assignment") assigning all of GMAC's rights, title and interest in, among other things, the Mortgage and Note to LaSalle Bank, as Trustee. The Assignment was duly recorded on April 16, 2002, in the office 4 of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 686, at Page 2050. A true and correct copy of the Assignment is attached hereto and incorporated herein as Exhibit «2" 16. The Trust is the current holder and owner of the Note, Mortgage, and Assignment (collectively, "Loan Documents"). C. Defendant's Defaults 17. The terms of the Loan Documents are incorporated herein by reference as if fully set forth herein pursuant to Pa.R.C.P. 1019(g). 18. Under the terms of the Mortgage, an event of default occurs if: (a) if any Event of Default (as defined in the Note, for purpose of this subsection 10.1(a) only) occurs under the Note. Mortgage, Section 10.1(a). 19. Defendant defaulted on the terms of the Loan Documents by, among other things, failing to make the required loan payments within the terms specified in the Loan Documents. 20. As a result of Defendant's default, the amount due and owing by Defendant to Plaintiff under the Loan Documents, as of January 11, 2010, was $32,685,741.53 and comprised of the following: 5 Outstanding Principal Sum $30,049,441.76 Interest at Note Rate $ 1,274,037.90 Late Charges $ 93,837.76 Default Interest $ 680,285.97 Prepayment Premium $ 2,244,431.23 Servicer Administrative Fees $ 300.00 Property Protection Advances $ 22,522.31 Credit for Escrow Funds on Deposit ($ 1,679,115.40) Total Due as of January 20, 2010 $32,685,741.53 WHEREFORE, Plaintiff, Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 demands judgment against Defendant, SFN PA, LLC. and sale of Hillside Corporate Center in the amounts due as set forth in Paragraph 21, hereof, in the sum of $32,685,741.53 plus interest at the rate set forth in the Loan Documents accruing after January 11, 2010, to the date of judgment, other costs and expenses, including attorneys' fees and costs, and with interest on the judgment at the rate set forth in the Mortgage and costs of suit. 6 Dated: January &, 2010 BUCHANA NGERSOLL & ROONEY PC By: C ' opher P. Schueller, Pa. I.D. 92746 Timothy P. Palmer, Pa. I.D. 86165 One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219 Tel: (412) 562-8413 Attorneys for Plaintiff, Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 7 VERIFICATION BRUCE RICKERT states under penalties provided for by 18 Pa. C.S. § 4904 (unsworn falsification to authorities) that: 1. I am a Vice-President of Berkadia Commercial Mortgage, LLC ("Berkadia") 2. Berkadia is the special servicer for Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001- C2, the Plaintiff in this matter. 3. Berkadia is authorized by Plaintiff to commence the complaint in mortgage foreclosure against Defendant, SFN PA, LLC. 4. The averments of fact contained in the foregoing Complaint for Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. 5. I understand that a false statement in this verification will subject me to the penalties provided by law (misdemeanor of the second degree). Dated: /k/Av BRUCE RICKERT -?--- ifl it 13 PROMISSORY VOTE ?n 17 533,000,000.00 January 26, 20dl t? FOR VALUE RECEIVED, and upon the terms and conditions set forth herein, SFN P& LLC, a Pennsylvania limited liability company ("Borrower"), promises to pay to the order of GMAX COMMERCIAL. MORTGAGE CORPORATION, a California corporation ("Lender"), at Lender's office located at 200 Witmer Road, P.O. Box 809, Horsham, Pennsylvania 19044-0809, Attn: Servicing - Accounting Manager, or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of THIRTY-THREE MILLION AND N01100 DOLLARS ($33,000,000.00), or so much thereof as is outstanding and unpaid, together with interest thereon at the rate of seven and sixty-seven hundredths percent (7.67%) per annum ("Interest Rate"), in lawful money of the United States of America, which, at the time of payment, shall be legal tender in payment of all debts and dues, public and private. I . COMPUTATION OF INTEREST. Interest under this Note shall be paid in arrears and shall be calculated based on a 360-day year and paid for the actual number of days elapsed for any whole or partial month in which interest is being calculated. Interest shall accrue from the date on which funds are advanced (regardless of the time of day such advance is made) through and including the day on which funds are repaid, unless payment is received by Lender prior to the time set forth in Section 2.03 hereof. 2. PAYMENT OF PRINCIPAL AND INTEREST. t 2.01 Principal and Interest Payments. Borrower shall pay principal and interest due under this Note as follows: Borrower shall pay consecutive monthly installments of principal and interest in the amount of $234,594.33 (each a "Monthly Amount"), beginning on the fifth day of March, 2001 ("First Payment Date"), and continuing on the fifth day of each and every successive month thereafter (each a "Payment Date") through and including the Payment Date immediately prior to the Maturity Date (as defined below); and On the fifth day of February, 2011 ("Maturity Date"), the entire outstanding principal balance hereof, together with all accrued but unpaid interest thereon and any other amounts due under the Note or the other Loan Documents (hereafter defined) shall be due and payable in full. 2.02 Payment of Short Interest. If t? s Note is executed on a date other than the fifth day of a calendar month, Borrower shall pay to Lender, contemporaneously with the execution of this Note, an interest payment calculated by multiplying (a) the number of days from and including the date of this Note to and including the fourth day of such month (or if the date of this Note is after the fourth day of the month,. then the next following month) (b) by a daily rate based on the Interest Rate calculated for a 360 day year. 2.03 Method of Payment. Each payment due hereunder shall not be deemed received by Lender until received on a Business Day (as hereafter defined) in Federal fur-' 338179.5 10/2811999 03:05PM :ir • ?r • l? I?' immediately available to Lender prior to 2:00 p.m. local time at the place then designated by LenUr. Any payment received on a Business day after the time established by the preceding sentence, sPall be deemed to'have been received on the immediately following Business Day for all purpo&s, including, without limitation, the accrual of interest on principal. • is 2.04 Application of Pavments. Payments under this Note shall be applied firoto the payment of late fees and other costs and charges due in connection with this Note, as Lerlaer determines in its sole discretion, then to the payment of accrued but unpaid interest, and theh)to reduction ofthe outstanding principal balance (in inverse order ofmaturity whether or not then due), but such application shall not reduce the amount of the fixed monthly installments required to be paid hereunder unless partial prepayments are expressly permitted in the event of partial release of collateral under Section 2.05 (b) below. No principal amount repaid may be reborrowed. All amounts due under this Note shall be payable without setoff, counterclaim or any other deduction whatsoever. 2.05 Loan Repayment and Defeasance. (a) Repayment. Other than asset forth in this Section 2.05, or as required or permitted pursuant hereto in connection with a casualty or condemnation, Borrower shall have no right to prepay all or any portion of the indebtedness evidenced by this Note (sometimes referred to in this Section 2.05 as "Loan") prior to January 5, 2011 (the "Optional Prepayment Date"), From and after the Optional Prepayment Date, Borrower may prepay all or ariy portion of the indebtedness evidenced by this Note without penalty or Defeasance. Notwithstanding the foregoing, in the event of any partial prepayment pursuant hereto (to the extent expressly permitted by the terns of this Note), or in the event of any prepayment of principal pursuant to Section 5(d) of that certain Earri- Out Reserve and Security Agreement ("Earn Out Reserve Agreement"), dated as of the date hereof, by and between Lender and Borrower, Lender shall re-set the schedule of payments of principal and interest due hereunder. % e (b) Voluntary Defeasance of the Note. On or after that date ("Optional Defeasance Date") which is the earlier to occur of (i) three years after the date of this Note or (ii) two years after the Loan is sold into a securitization ("Securitization"), and subject to confirmation from applicable rating agencies ("Rating Agencies") having been obtained therefor and to the terms and conditions set forth in this Section 2.05(b), Borrower may defease all (but not less than all) of the Loan (hereinafter, "Defeasance"). Defeasance shall be subject to satisfaction of each of the following conditions precedent: (i) Borrower shall provide not less than thirty (30) days prior written notice to Lender specifying a date ("Defeasance Date") which shall be a Payment Date, on which the amount required to defease the Loan ("Defeasance Deposit") is to be made and on which the Defeasance is to occur, as well as the anticipated outstanding principal amount of this Note as of the Defeasance Date. (ii) Borrower shall pay to Lender all accrued and unpaid interest on the outstanding principal balance of this Note to but not including the Defeasance Date. 338179.5 10/28/1999 03:05PM 2 • i!t it (iii) Borrower shall pay to Lender all other sums, not includi scheduled interest or principal payments, then due under this Note, the Security Instrument and aid of the other Loan Documents, Q 0 (iv) . No Event of Default shall exist on the Defeasance Date. q i? (v) Borrower shall pay to Lender the required Defeasance Deposit for the Defeasance. 13 (vi) Borrower shall execute and deliver one or more security agreements in form and substance satisfactory to Lender (collectively, "Security Agreement"), creating a first priority lien on, and security interest in, the Defeasance Deposit and the U.S. Government Securities purchased with Defeasance Deposit in accordance with the provisions of Section 2,05(c). (vii) Borrower shall deliver to Lender an opinion of Borrower's counsel, which opinion shall be in form and substance satisfactory to Lender in its sole discretion, stating, among other things, that Lender has a perfected first priority security interest in the U.S. Government Securities purchased with the Defeasance Deposit. (viii) If required by the applicable Rating Agencies, Borrower also shall deliver or cause to be delivered from Borrower's counsel a non-consolidation opinion with respect to the Successor Borrower (as defined below), if any, which opinion shall be in form and substance satisfactory to Lender in its sole discretion and to the applicable Rating Agencies. In addition, if the Loan is included in any REMIC formed pursuant to a Securitization, Borrower also shall deliver or cause to be delivered an opinion of Borrower's counsel, which opinion shall be in form and substance satisfactory to Lender in its sole discretion, stating that (A) after a Defeasance, the Loan will continue to be a "qualified mortgage" within the meaning of Section 860G of the United States Internal Revenue Code (as now or hereafter amended, "Code") and (B) the REMIC will not fail to maintain its status as a "real estate mortgage investment conduit" within the meaning of Section 860D of the Code as a result of such Defeasance. (ix) Borrower shall deliver to Lender a certification from Borrower, in form and substance satisfactory to Lender, certifying that the requirements set forth in this Section 2.05(b) have been satisfied. (x) Borrower shall deliver such other certificates, documents or instruments as Lender may reasonably request, all of which shall be in form and substance acceptable to Lender. (xi) Borrowershall pay alt reasonable costs and expenses ofLender incurred in connection with the Defeasance, including any costs and expenses associated with the Release Instruments (as defined in Section 2.05(f) hereof) and reasonable attorneys fees and expenses. (xii) Borrower shall deliver to Lender a confirmation, in form and substance satisfactory to Lender, by a "Big Five" independent certified public accounting firm, that 338179,5 10/2811999 03:05PM 1 J0 I? • I::f Defeasance Deposit is sufficient to pay all Scheduled Defeasance Payments and other amotllits required to be paid by Borrower hereunder in connection with the proposed Defeasance. ! 0 (xiii) Borrower shall deliver to Lender confirmation, in form Rd substance satisfactory to Lender, that all conditions to Defeasance have been met from ppy applicable Rating Agency that has required as a condition to Defeasance that such conditions have been met. >I7 (c) Purchase of U.S. Government Securities. In connection with the Defeasance of this Note, Borrower hereby appoints Lender as its agent and attorney-in-fact for the purpose of using the Defeasance Deposit to purchase U.S. Government Securities (which purchases, if made by Lender, shall be made on an arms-length basis at then prevailing market rates) which provide payments on or prior to, but as close as possible to, all successive Payment Dates after the Defeasance Date, (including the outstanding principal balance of this Note due on the Maturity Date), and in amounts equal to the full amounts due on each Payment Date under this Note ("Scheduled Defeasance Payments"). Borrower, pursuant to the Security Agreement or other appropriate document, shall irrevocably authorize and direct that the payments received from the U.S. Government Securities may be made directly to Lender and applied to satisfy the obligations of the Borrower under this Note. In connection with the Defeasance of the Loan, any portion of the Defeasance Deposit in excess of the amount necessary to purchase the U.S. Government Securities required by this Section 2.05 (c) and satisfy Borrower's obligations under Section 2.05 shall be remitted to Borrower. Any amounts received in payment on the U.S. Government Securities in excess of the amounts necessary to make monthly payments pursuant to Section 2 (including payments due on the Maturity Date) shall be treated in accordance with the terms of Section 2.04 hereof. (d) Successor Borrower Option. If requested by Borrower, in connection with a Defeasance of the Loan, Lender, at Borrower's expense, shall establish or designate one or more successor entities ("Successor Borrower") and Borrower shall transfer and assign all obligations, rights and duties under and to this Note, together with the pledged U.S. Government Securities, to the Successor Borrower. The obligation of the Lender to establish or designate a Successor Borrower shall be retained by the original Lender named herein notwithstanding the sale or transfer of this Loan unless such obligation is specifically assumed by the transferee. The Successor Borrower shall assume in writing the obligations under this Note, the Security Agreement and the other Loan Documents, by agreements in form and substance satisfactory to Lender, whereuppn Borrower shall be relieved of its obligations thereunder. Borrower shall pay $1,000 to any such Successor Borrower as consideration for assuming Borrower's obligations under the Note and the Security Agreement. Notwithstanding anything in this Note or the Security Instrument to the contrary, no other assumption fee shall be payable upon a transfer of this Note in accordance with this Section 2.05(d), but Borrower shal l pay all out-of-pocket costs and expenses incurred by Lender, including Lender's reasonable attorneys fees and expenses, incurred in connection therewith. (e) Repayment Ugon Default. If all or any part of the principal amount of this Note is prepaid pursuant to Section 5(d) of the Earn Out Reserve Agreement or upon acceleration of this Note following the occurrence of an Event of Default prior to the Optional Prepayment Date, then, in addition to such principal payment, Borrower shall be required to make such payments ("Yield Maintenance Payments") in an amount equal to the greater of (i) one percent 338179.5 10/28/1999 03:05PM 4 t4 IF t? i? 0%), %), or (ii) the excess, if any, of (A) the aggregate respective present values of all scheduled interefl and principal payments payable on each Payment Date in respect of this Note for the period frof the date of such prepayment upon acceleration to the Maturity Date, discounted monthly at a ra? equal to the Treasury Constant Maturity Yield Index (defined below) and based on a 360-day yep of twelve 30-day months over (B) the then current outstanding principal amount of this Note. Fy. purposes hereof, "Treasury Constant Maturity Yield Index" shall mean the average yield for "This Week" as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519) ("FRB Release") published during the second full week preceding the Prepayment Date fer instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Lender shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity shall be used, calculated by averaging (and rounding upward to the nearest whole multiple of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100•of 1% with any figure of 1/200 of 1% or above rounded upward). The Yield Maintenance Payments to be paid in connection with any prepayment under this Section 2.05(e) shall be determined by Lender and shall be conclusive and binding on Borrower (absent manifest error). For purposes of this Section 2.05(e), the unpaid principal amount due on this Note on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. (f) Release of the Mortgaged Property. No repayment, prepayment or Defeasance of all or any portion of this Note shall cause, give rise to a right to require, or otherwise result in, the release of the real or personal property subject to the lien or mortgage created by the Security Instrument (referred to in this Section 2.05(f) as "Mortgaged Property"), except as follows: (i) If Borrower has elected Defeasance, and the requirements of Section 2.05(b) have been satisfied, the Mortgaged Property shall be released from the lien and mortgage created by the Security Instrument, whereupon the U.S. Government Securities pledged pursuant to the Security Agreement shall be the sole source of Borrower's collateral securing this Note. The Security Instrument shall otherwise remain in full force and effect as to provisions not pertaining to the Mortgaged Property. (ii) In connection with the release of the Mortgaged Property contemplated in this Section 2.05(0, Borrower shall submit to Lender, not less than thirty (30) days prior-to the Defeasance Date, a release of the Mortgaged Property (and related Loan Documents approved by Lender) for execution by Lender which shall be in a form appropriate in the applicable state and otherwise satisfactory to Lender in its reasonable discretion, along with all other documentation Lender reasonably requires to be delivered by Borrower in connection with such release (collectively, "Release Instruments"), together with a certification from Borrower, in form and substance satisfactory to Lender, certifying that such documentation (A) is in compliance with all Legal Requirements, and (B) will effect such releases in accordance with the terms of this Section 2.05. 338179.5 10128/1999 03:05PM li7 it I? 3. SECURITY: LOAN DOCUMENTS. The indebtedness evidenced by this Note aim the obligations created hereby (including without limitation the amounts authorized by Section 4% be collected by Lender and the Prepayment Consideration when due hereunder) are secured b°, among other things, a first mortgage, security interest and lien on certain real and personal propev collateral of Borrower, tangible and intangible, as described more particularly in that certain Dep--l of Trust and Security Agreement or Mortgage and Security Agreement, as applicable (eith?, "Security Instrument") from Borrower to Lender, dated as of date hereof. The Security Instrument together with this Note and all other documents to or of which Lender is a party or a beneficiary no*. or hereafter evidencing, securing, guarantying, modifying or otherwise relating to the indebtedness evidenced hereby, and-all extensions, renewals and modifications thereof, are collectively referred to herein as the "Loan Documents." 4. DEFAULT. 4.01 Event of Default. The occurrence of any of the following shall constitute an event of default ('Event of Default") under this Note: (a) if any payment of principal and interest or any other payment required under this Note is not received by Lender on or before the date that is five (5) days after the date such payment is due (except that no grace period shall be provided for the payment of principal and interest due on the Maturity Date or upon acceleration of indebtedness following the occurrence of an Event of Default); or (b) if any default should occur under any of the other Loan Documents which is not fully cured following applicable notice orprior to the expiration of any applicable grace or cure period. Upon the occurrence of an Event of Default, at Lender's option, the outstanding principal balance of this Note, together with all unpaid interest accrued thereon and all other sums due hereunder or under any other of the other Loan Documents, shall, without notice or prior demand, immediately become due and payable. . 4.02 ' Late Charges. If any payment is not received by Lender on or before the date on which such payment originally was due (as such date may be extended by the applicable grace period, if any), then, in addition to any default interest payments due hereunder, Borrower also shall pay to Lender a late charge in an amount equal to five percent (5.0%) of the amount of such overdue payment to defray the expenses incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of the delinquent payment. Such late charge shall be immediately due and payable, without notice or demand therefor. 4.03 Default Interest Rate. If this Note is not paid in full on or before the Maturity Date or the date on which the due date of the indebtedness has been accelerated pursuant to the provisions hereof, the unpaid principal and accrued interest and other amounts then due shall bear interest at a rate per annum ("Default Interest Rate") equal to the lesser of (a) five percent (5.0%) in excess of the Interest Rate or (b) the maximum rate of interest, if any, which may be charged or collected from Borrower under applicable law. In addition, Lender shall have the right, without acceleration of the indebtedness, to collect interest at the Default Interest Rate on any payment due hereunder (including without limitation late charges and fees for legal counsel) which is not received by Lender on or before the date on which such payment originally was due (as such due date may be extended by the applicable grace period, if any). Interest at the Default Interest Rate shall be immediately due and payable from the due date specified herein and shall accrue until all Events of Default have been fully cured or full payment is received, as applicable. 338179.5 10128/1999 03!05PM 6 i? 4.04 Interest on Judgments. Interest shall accrue on any judgment obtained by Lenffir in connection with the enforcement or collection of this Note until such judgment amount is paid in i9l at a rate equal to the greater of (a) the Default Interest Rate or (b) the legal rate applicable to judgme s within such jurisdiction; provided, however, that interest shall not accrue at a rate in excess of 1?-e maximum rate of interest, if any, which maybe charged or collected from Borrower under applicable 14?y. 4.05 Cumulative Remedies, Attornev Fees. The remedies of Lender in this Note and in the other Loan Documents, or at law or in equity, shall be cumulative and concurrent, and mayibe pursued singly, successively or together in Lender's sole discretion and as often as occasion therefor shall arise. If Borrower's obligations under this Note or any of the other Loan Documents are enforced by Lender through an attomey-at-law, or any payment due under this Note or the other Loan Documents is collected by or through an attomey-at-law or collection agency, Borrower agrees to pay all costs incurred by Lender in connection therewith, including, but not limited to, reasonable fees and disbursements of legal counsel (whether with respect to a retained firm or Lender's in-house staff) and collection agency costs, whether or not suit be brought. No provision of this Section 4 shall be construed as an agreement or privilege to extend the date on which any required payment is due (subject to the applicable grace period, if any), nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of an Event of Default. The payments required under this Section 4 shall be in addition to, and shall in no way limit, any other rights and remedies provided for in this Note or any of the other Loan Documents, nor any other remedies provided by law or in equity, and shall be added to the principal evidenced by this Note and deemed secured by the Security Instrument and other Loan Documents. 5. LIMITATIONS ON RECOURSE. Notwithstanding anything to the contrary contained in this Note, the liability of Borrower and of any general partner, principal or member of Borrower to pay the indebtedness evidenced by this Note and for the performance of the other agreements, covenants and obligations contained herein and in the other Loan Documents shall be limited as set forth in Article 15 of the Security Instrument. 6. NO USURY. This Note is subject to the express condition that at no time shall Borrower be required or obligated to pay interest (or any other amount agreed to be paid hereunder which shall be deemed to be interest) at a rate which would subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to pay. If, from any circumstance whatsoever, Borrower is at any time required or obligated to pay interest (or any other amount agreed to be paid hereunder shall be deemed to be interest) at a rate in excess of such maximum rate, then the amount to be paid immediately shall be reduced to such maximum rate, and, as required by applicable law, all previous payments in excess of such maximum shall be deemed to have been payments in reduction of the principal balance owing under this Note in the inverse order of maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower and not to the payment of interest. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term of this Note until payment in full so that the rate or amount of interest on account of said indebtedness does not exceed the maximum lawful rate of interest from time to time in effect and applicable to this Note for so long as the Note is outstanding. This Section will control all agreements between Borrower and Lender in connection with this Note. 7. GENERAL CONDITIONS. 338179.5 10/2811999 03:05PM 7 0 M 7.01 No Waiver by Lender, No failure to accelerate the debt evidenced hereby Mr failure or delay in exercising any other right or remedy upon the occurrence of an Event of DefaIu t hereunder, or any acceptance of a partial or past due payment, or indulgences granted from time to tine shall be construed (a) as a novation of this Note or as a reinstatement of the indebtedness evidenqo hereby, (b) as a waiver or impairment of Lender's right of acceleration or any other right or remedy available to Lender upon the occurrence of an Event of Default, or (c) as a waiver of Lender's right thereafter to insist upon strict compliance with the terms of this Note or any of the other LdNn Documents; and Borrower hereby expressly waives the benefit of any statute or rule of law or equity n6w' provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing. No extension of the time for payment of any amount due under this Note or under any of the other Loan Documents made by Lender's agreement with any person now or hereafter liable for the payment thereof shall operate to release, discharge, modify, change or affect the original liability of Borrower under this Note or any such other person, either in whole or in part unless Lender agrees otherwise in writing. 7.02 Borrowces Waivers, Borrower, for itself and all others who may become liable for payment of all or any part of the indebtedness evidenced by this Note, hereby waives presentment for payment, demand, protest, and notice ofdishonor, protest, nonpayment, demand, intent to accelerate, and acceleration. Borrower, for itself and all others who may become liable for payment of all or any part of the indebtedness evidenced by this Note, hereby further waives and renounces, to the fullest extent permitted by law, all rights to the benefits of any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, appraisement, exemption and homestead now or hereafter provided by the Constitution and laws of the United States of America and of each state thereof, both as to party and property (real and personal), against the enforcement and collection of the obligations evidenced by this Note or the other Loan Documents. 7.03 Unconditional Payment. If any payment received by Lender hereunder shall be deemed by a court ofeompetent jurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand. No release of any security for this Note or any party liable for payment of this Note shall release or affect the liability of Borrower or any other party who may become liable for payment of all or any part of the indebtedness evidenced by this Note. Lender may release any guarantor, surety or indemnitor of this Note from liability, in every instance without the consent of Borrower hereunder and without waiving any rights which Lender may have hereunder or under any of the other Loan Documents or under applicable law or in equity. 7.04 Authori . Borrower represents that Borrower has full power, authority and legal right to execute, deliver and perform its obligations pursuant to this Note, that the execution, delivery and performance of this Note has been duly authorized, that the person executing this Note on Borrower's behalf has authority to do so, and that this Note, once executed by Borrower, constitutes the valid and binding obligation of Borrower, enforceable in accordance with its terms. 338179.5 1012$/1999 03.05PM 7.05 Negotiable Instrument. Borrower agrees that this Note shall be deemed14 negotiable instrument, even though this Note, absent this paragraph, may not otherwise qualify as{l negotiable instrument under applicable law. ` 7.06 Sale of Loan by Lender. Lender shall have the right to transfer, sell or assign d Note, the Security Instrument and the other Security Documents, and the Obligations hereunder, j:) I 8. MISCELLANEOUS. I 8.01 Notices. All notices and other communications under this Note or under the other Loan Documents are to be in writing, addressed to the respective party as set forth in this section, and shall be deemed to have been duly given (a) upon delivery, if delivered in person with receipt acknowledged by the recipient thereof, (b) one (1) business day after having been deposited for overnight delivery, fee prepaid, with any reputable overnight courier service, or (c) three (3) business days after having been deposited in any post office or mail depository regularly maintained by the U.S. Postal Service and sent by registered or certified mail, postage prepaid, return receipt requested. Initial addresses for each party are as follows: Borrower: SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Attention: David Lichtenstein Facsimile No.: (732) 363-7183 with a copy to: Feinstein, Raiss, Kelin & Booker, L.L.C. i 00 Executive Drive West Orange, New Jersey 07052 Attention: Richard S. Kelin, Esq. Facsimile No.: (973) 731-4669 Lender: GMAC Commercial Mortgage Corporation 200 Witmer Road Horsham, Pennsylvania 19044 Attn: Servicing - Executive Vice President Each party may establish a new address from time to time by written notice to the other given in accordance with this section; provided, however, that no such change of address will be effective until written notice thereof is actually received by the party to whom such change of address is sent. Notice to additional parties now or hereafter designated by a party entitled to notice are for convenience only and are not required for notice to a party to be effective in accordance with this section. 8.02 Entire Aereement: Time of Essence. This Note, together with the other Loan Documents and Lender's commitment letter to Borrower, contain the entire agreements between Borrower and Lender relating to the subject matter hereof and thereof, and supersede all prior discussions and agreements (oral or written) relative hereto and thereto which are not contained herein or therein. Borrower represents and warrants that it is not relying on any promises, covenants, representations or 338179,5 10/28/1999 03;05PM 9 N agreements in connection with this Note or the other Loan Documents, other than as expressly set fdPh herein or therein. In the event of any conflict between the terms of the Loan Documents, the following order of priority shall be used to resolve such conflict: 'The Note shall control over the Secu try Instrument and the Security Instrument shall control over all other Loan Documents. Time is of Oe essence with respect to all provisions of this Note. 12 8.03 Modification. Neither this Note nor any of the other Loan Documents maylbe changed, waived, supplemented, discharged or terminated orally or by any act or failure to act on the Oat of Borrower or Lender, but only by an agreement in writing signed by the party against whom enforcement thereof is sought and then only to the extent expressly set forth in such writing. No person other than a duly authorized officer or agent of Lender shall be deemed an agent of Lender nor have any authority to waive, modify, supplement or terminate in any manner whatsoever any of the terms of this Note. 8.04 Binding Effect; Joint and Several Obligations. The teims and provisions of this Note and the other Loan Documents shall be binding upon and inure to the benefit of Borrower and Lender and their respective heirs, executors, legal representatives, successors, successors and assigns, whether by voluntary action of the parties or by operation of law. The foregoing shall not be construed, however, to alter any limitations or restrictions applicable to Borrower under the other Loan Documents. If Borrower consists of more than one person or entity, each shall be jointly and severally liable to perform the obligations of Borrower under this Note and the other Loan Documents. 8.05. Unenforceable Provisions. Any provision of this Note or the other Loan Documents which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 8.06 Ambiguity and Construction of Certain Terms. Neither this Note nor any uncertainty or ambiguity herein shall be construed or resolved against Lender by virtue of the fact that such document has originated with Lender as drafter. Borrower acknowledges that it has reviewed this Note and has had.the opportunity to consult with counsel on 'same. This Note, therefore, shall be construed and interpreted according to the ordinary meaning ofthe words used so as to fairly accomplish the purposes and intentions of the parties hereto. All personal pronouns used herein, whether used in the masculine, feminine or neuter gender, shall be deemed to include all other genders; the singular shall include the plural and vice versa. Titles of articles and sections are for convenience only and in no way define, limit, amplify or describe the scope or intent of any provisions hereof. "Herein," "hereof' and "hereunder" and other words of similar import refer to this Note as a whole and not to any particular section, paragraph or other subdivision; "Section" refers to the entire section and not to any particular subsection, paragraph of other subdivision. Reference to days for performance shall mean calendardays unless Business Days are expressly indicated. 8.07 Governing Law. This Note and the other Loan Documents shall be interpreted, construed and enforced according to the laws of the state in which the real property encumbered by the Security Instrument is located (without giving effect to its conflict of laws rules). 338179.5 10/2B/1999 03:050M 10 8.08 Consent to Jurisdiction. Borrower and Lender, by its acceptance of this Nod, agree and consent to the exclusive jurisdiction and venue of any state or federal court sitting in the couRy and state where the real property encumbered by the Security Instrument is located with respect to aiy legal action, proceeding, or controversy between them and hereby expressly waive any and all riolis under applicable law or in equity to object to the jurisdiction and venue of said courts. Borrower fnrtV r irrevocably consents to service of process by certified mail, return receipt requested, to Borrower at e address for Borrower-last provided to Lender in accordance with the notice provision of this Note axtd agrees that such service shall be effective ten (10) days after mailing. Nothing herein shall, howevr, preclude or prevent .Lender from bringing any one or more actions against Borrower in any other jurisdiction as may be necessary to enforce or realize upon the Security or other collateral provided for this Note. 8.09 WAIVER OF JURY TRIAL. BORROWER HEREBY WANES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT BORROWER MAY HAVE TO TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE INDEBTEDNESS EVIDENCED BY THIS NOTE; THE APPLICATION OR COMMITMENT FOR THE LOAN EVIDENCED BY THIS NOTE; THE INTERPRETATION, CONSTRUCTION, VALIDITY, ENFORCEMENT OR PERFORMANCE OF THIS NOTE OR ANY OF THE OTHER LOAN DOCUMENTS; OR ANY ACTS OR OMISSION OF LENDER, ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION WITH ANY OF THE FOREGOING. 8.10 Tax Identification Number. Borrower represents and warrants that its current tax identification number is: 22-3772366. 338179.5 1012811999 03:05 PM I 1 I? lit IN WITNESS WHEREOF, Borrower has executed this Note under seal as of the date ffj" t above written. SFN PA, LLC, i a Pennsylvania limited liability company By: SFN Management, Inc., a Pennsylvania corporation, its manager By: avid Lichtenstein President ww8303_ WPO 10/28/1999 03 05P.\'1 (;L . ? M ? E R LA 3 C 0 U N T Y - FA WHEN RECORDED RETURN T* KC WILSON & ASSOCIATES OW PERALTA DR., STE. 219 '02 RR 16 AN 1154 JUU3UNA HILLS, CA 92865 Property: Lichtenstein Portfolio (Cumberland) GMACCM#01-1030784 C2 ASSIGrM301T OF MORTGAGE AND SECURITY AGPJUMMNT AND ASSIGNMENT OF ASSIGNMENT OF LEASES AND RENTS GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, whose address is 200 Witmer Road, Horsham, Pennsylvania 19044-8015 ("GMACCM")("Assignor"), as the holder of the instrument hereinafter described and for good and valuable consideration hereby endorses, assigns, sells, transfers and delivers to LaSalle Bank National Association, as trustsefor the registered holders of GMAC Commercial Mortgage Securities, inc., Mortgage Pass-Through Certificates, Series 2001-02,135 South LaSalle Street, Suite 1625, Chicago, IL 60874 its successors, participants and assigns (collectively, "Assignee"), all right, title and interest of GMACCM in and to the following: A Mortgage and Security Agreement, by SFN PA, LLC, a Pennsylvania limited liability company (the "Borrower"), and GMACCM, dated as of January 26, 2001, and recorded on' February 15, 2001, in the land records of Cumberland County, Pennsylvania, and in Deed Book #1670, at Page #983, as Instrument #, securing the payment of a Promissory Note (the "Note"), dated of even date, in the original principal amount of $33,000,000.00 made by the Borrower, payable to the order of GMACCM, and encumbering the property described in Exhibit "A" attached hereto and by this reference made a part hereof. 2001, made by SFN PA, LLC, a Pennsylvaniad liability company, and assignor, Sai ignment of Leases and Rents was recorded a ruary 15, 2001, in the land records of r and County, Pennsylvania, in oak 4666, at Page #829, as Instrument encumbers the real property descr' n Exhibit "A", attached hereto and A First Amendment to Mortgage and Security . Agreement, by SFN PA, LLC, a Pennsylvania limited liability company (the "Borrower"), and GMACCM, dated as of May 2, 2001, and recorded July 19, 2001, in the 12rnd records of Cumberland County, t mK 686 FAcE2050 Pennsylvania, in Deed Book 1727, at Page 4949,and encumbers the real property described in Exhibit "A", attached hereto and incorporated herein. Together with any and all notes and obligations therein described, the debt secured thereby and all sums of money due and to become due thereon, with the interest provided for therein, and hereby irrevocably appoints Assignee hereunder its attorney to collect and receive such debt, and to foreclose, enforce and satisfy the foregoing the same as it might or could have done were these presents not executed, but at the cost and expense of Assignee. Together with any and all other liens, privileges, security interests, rights, entitlements, equities, claims and demands as to which GMACCM hereunder possesses or to which GMACCM is otherwise entitled as additional security for the payment of the Dote and other obligations described herein. This Assignment shall be governed in all respects by the laws of the state in which the aforementioned instruments were recorded and shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. _;, IN WITNESS WHEREOF, GMACCM has duly executed Assignment as of the 15 February, 2002. WITNESS: GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporati? A By Cy Chia A. Tann Assistant Vice President ASSIGNEE HEREBY CERTIFIES THAT IT'S PRICISB ADDRESS IS: 135 SO= LASALLE STREET, SUITE 1625 CLIICA IL 6 4 BY: 3?RANK SNIP, IT'S AGENT $ooK 686 FACE2051 COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF MONTGOMERY } The foregoing instrument was acknowledged before me this 15 February, 2002 by Cynthia A. Tann, Assistant Vice President of GMAC Commercial Mortgage Corporation, a California corporation, on behalf of the corporation. My Commission Expires: When recorded mail to: PREPARED BY: GMACCM 200 Witmer Road Horsham, PA 19099 Notary X;dblic w0todw Soul Joan M. Koch, Notary PLOIc Horsham Twp?, Montgomery Cmmty M ConvftWon res Dec. 9 2004 $cox 680 PACE2052 3 EXHIBIT A-1 (Description of Land) Executive Park Cotner Wyornissing, PA moK 686 PACE2053 eooxi?'?:ACE?Q46 EXECUTIVE PARK ALL THAT CERTAIN tract or piece of land together with a two-story brick and dryvit faced office building, and other improveutents erected thereon located on the North side of State Route No. 3023 known as "State Hpl Road", and the East site of Berkshire BoukYard. (formerly knowme as Wnsinger Lane), being Lot No. 2 Residue of the Subdivision/Land Development for Executive Park Addition No. 2 and as shown on the ALTAIACSM Land Title Survey prepared by Stackhouse, Seitz & Bensinger of Sinking Spring, PennsyWaula, dated January S, 2001, Plan No. SSB-D-2154-14 situate in the Borough of Wyomissing, County of Berks, Coamnontwealth of Pennsylvania, and being more fully bounded and described as follows to wit: BEGINNING at a steel pin on the North right-of-way line ofState Route 3023, know as "State Hill Road", (W wide), said point being the sondwasternmost corner of property belonging to Weis Markets, inc. and being located South seventy-six dgmes fifty-three minutes East (S. 76 degrees S3' East) a d istaace of four hundred thirty feet (430.00') from a point of curve of a curve connecting the North right-of-way of State Hill Road with the East rW-of-w ay lino of Berkshire Boulevard (80' wide); THENCE EXTENDING along property belonging to Weis Markets, Inc. the two (2) courses and distances to wit: 1. in a northeasterly direction on a line bearing North thirteen degrees seven minutes East (N. 13 degrees 07' E.) a distance of roc hundred feet and eight hundredths of one foot (35MOS') to a steel pin; 2. In a northwesterly direction on a line bearing North seventy-six degrees filly-three minutes West (N. 76 degrees $3' W.) a distance of three hundred sixty-seven feet and eigbty-two hundredths of one foot (367.821) to ¦ p.k. spike in a curve an the East right-of-tray lice of Berkshire Boulevard (80' wide); THENCE EXTENDING in a northeasterly direction along the East right-of-way line of Berkshire Boulevard and along a carve deflecting to the right having a radius of one thousand four hundred forty-two feet and forty hundredths of one foot (1442.40'), a antral angle of two degrees fifty-eight minutes thirty-two seconds (02 degrees $3132"), a tangent of thirty seven feet and forty-six hundredths of one foot (37.461), a chord of seventy four feet and ninny hundredths of one foot (74.90'), a chord bearing North thirty-four dues "m minutes thirty-one seconds East (N. 34 degrees 02' 31" E.) a distance along the are of seventy-four feet and niine one bundre - of area foat (74311) to a sled pin a ocraw of Lot No.1 on the OiCkdsigeir Land Area Devdopaunt, Phase I," recorded in Plan Book Volum 128, Page 21; book 686 PALEP051 Boax.40.v 7-3 ncdC 47 .. .. s.1L... t. ., . THENCE EXTENDING in a southeasterly direction partially alone Lot No. 1 and partially along Lot No. 2 an the above-mentioned recorded plan on a line bearing South seventy-six degrees fifty -three minutes East (S. 76 degrees 531E) a distance of six hundred forty-one feet and five hundredths of one foot (641.OV) to a steel pin a corner of Lot No. 3 on the above- mentioned recorded plan; THENCE EXTENDING along Lot No. 3 the two (2) courses and distances to wit; 1. In a northeasterly direction an a line bearing North eighty degrees nineteen minutes Fast (N. 80 degrees 19 minutes E.) a distance of two hundred six feet and thrity-five hundredths of out foot (206.35 feet) to a steel pin: 2. In a southeasterly direction on a line bearing South seventy six degrees fifty three minutes East (N. 76 degrees 53 minutes E.) a distance of one hundred fifty feet (150.00) feet to a steel pin in line of property belonging to National Properties, inc. THENCE EXTENDING in a southwesterly direction along property belonging to National Properties, Inc. on a line bearisig South thirteen degrees seven minutes West (S.13 degrees 07 minutes W.) a distance of three hundred twenty-four and ninety-eight hundreths of one foot 4324.98 ket) to a steel pin, a corner of Lot No. I on the Executive Park Subdivision; THENCE EXTENDING in a northwesterly direction partially along Lot No. land partially along Lot No. 3 on the Subdivision/Land Development for "Executive Park Addition No. 2" on a line bearing North-seventy six degrees fifty-three minutes West (N. 76 degrees 53 minutes W.) a distance of three hundred fifty-eight feet and five hundredths of one foot (358.05 beet) to a p.k. spike; THENCE EXTENDING in a southwesterly direction along Lot No. 3 on a line bearing South twelve degrees fifty-nine minutes thirty-two seconds West (S. 12 degrees 59 minutes 32 seconds W.) a distance of three hundred twenty-frn feet and two hundredths of one foot (375.02 feet) to a steel pin an the North right-of-way line of State Hill !toad (80 feet wide); THENCE, EXTENDING in a northwesterly direction along the north right-of-way One of State Hill Road on a line bearing North seventy-six degrees fifty-three minutes West (N. 76 degrees 53 minutes W.) a distance of two hundred eighty-two feet and eighty-seven hundtredths of one foot (282.87 feet) to the plate of BEGINNING, boa 686 PAcE?055 EXHIBIT A-2 (Description of Land) Winchester Corporate Center Allentown, PA BOOK 686 PACE2056 ebtm1M7Q G49 3435 WINCHESTER ROAD ALL THAT CERTAIN tract of land situate in South Whitehall Township, Lchigb County, Pennsylvania, as shown on and described in accordance with a site plan for Brownfield Realty, Ltd., prepared by Barry Isett & Associates, Inc., Trerlertown, PA. dated August 21, 1948 and revised November 10, 1998, ss follows: BEGINNING at the intersection of the northerly right-of-way fine of Winchester Road (TS89, 60 ket Legal right-of-way) and the easterly property line of the sands of Kenneth J. Alla Toff; THENCE along said lands of Kenneth J. Ally Toff, the following two courses and distances: 1. North 27 degrees 05 minutes 19 seconds East, 162.83 feet; 2. North 81 degrees 01 minutes 28 seconds East, 43.43 feet to a concrete monument; THENCE partly along lands of Kenneth J. All* Taff and partly dome the lands of Pond Road Associates, North 06 degrees 12 minutes 30 seconds West, pmasiag through an iron pipe at 186.11 feet, a total distance of 484.56 feet to a conerett monument; THENCE along said lands of Pond Road Associates, North 83 dgpw 23 minutes 23 seconds Rest, 436.25 fat to a concrete monument; THENCE along the lands of Pennsylvania Real Estate Investment Trust (Crest Plaza Shopping Center) the following three courses and distances: 1. South 04 degrees 04 miauta 32 seconds But, 467.70 feet to a concrete moounecnt; 2. South 00 degrees 41 minutes 37 seconds East, 738.98 feet to a concrete monument; 3. South 23 degrees 23 minutes 37 seconds East, 37.01 feet to the aforesaid eortherly legal right-of way line of Winchester Road; THENCE along said right-of-way line of Winchester Road the following three courses and distances: 1. South 84 degrees 19 minutes 52 seconds West, 169J4 feet; 2. Along a curve to the right, having a radius of 681.37 feet a central angle of 32 degrees 49 minutes 36 seconds and a tangent of 200.17 feet, the aro distance of 390.38 fed (having a chord with a bearing of North 79 degrees 15 mlastes 20 seconds West, 385.06 feet); 3, North 62 degrees 50 minutes 32 seconds West, 1.68 fed to the point of BEGINNING. aoox 888 PAUP-057 QOOliIM."0 MM. iG50 EXHIBIT A-3 (Description of Land) Winchester Plaza Corporate Center Allentown, PA hOOK 686 PAGE?_058 mieda"Kim WINCHESTER PLAZA ALL THAT CERTAIN parcel or tract of land, situate an the western side of Pond Road (70 feet wide) on the northern side of Winchester Road (65 feet wide) and an the southern side of Pennsylvania State Highway S.R. 1006, known as Walbert Avenue (80 feet wide) in the Township of South Whitehall, County of Lehigh and Commonwealth of Pennsylvania, being Lot Nos. 6,7 and 8 as shown on the Plan of Lots known as "Winchester Plaza", as recorded in Plan Book Volume 26, Pages 61 and 62, Lehigh County Records at Allentown, Pennsylvania, and as shown on Plan No. 8788-005-D-001, prepared by Spots, Stevens and McCoy, I=, Consulting Engineers of Reading, Pennsylvania, together with Lot No. 10 on a Revised Plan of Winchester Plaza, dated May 26,1989 and recorded in Map Book Volume 29, Page 79, Lehigh County Records, Allentown, Pennsylvania, and also as being shown as that certain lot'on the Site Development Plan of "Winchester Plaza Corporate Center II" prepared by Spotts, Stevens and McCoy, Inc., Consulting Engineers of Reading, Pennsylvania, as recorded in Minor Subdivision Volume 8, Page 252, on October 3,1991 in the Lehigh County Records at Allentown, Pennsylvania, as such plan amends or abolishes conditions on the prior plans of Lots 6, 7, 8 and 10 mentioned above, and being more folly bounded and described as follows, to wit: BEGINNING at a corner marked by a steel pin an the western right-of-way line of pond Road (70 feet wide), said corner being a corner in common between Lot No. 8 and Lot No. 9 and also being the most northeastern corner of the herein described tract; thence continuing along the western right-of-way line of the aforementioned Pond Road, the four (4) following courses and distances, viz: (1) by a curve bearing to the right, having a central angle of one degree thirty-six minutes fifteen seconds (01 degree 36 minutes 15 seeoads? a radius of nine hundred sixty-five and zero hundredths feet (965.00 feet) a distance along the are of twenty-seven and two hundredths feet (27.02 feet), a chord bearing of South six degrees twenty-three minutes twenty-two seconds West (S. 06 degrees 23 minutes 22 seconds W.), a chord distance of twenty-seven and two hundredths feet (27.02 feet) to a corner marked by a steel pin, a point of tangency; (2) South seven degrees eleven minutes thirty seconds West (S. 07 degrees 11 minutes 30 seconds W.) a distance of four hundred Rhwky+-five and fm hundredths feet (495.05 feet) to a corner marked by a steel pin, a point of curve; (3) By a curve bearing to the right, having a central angle of twenty degrees one minute thirty seconds (20 degrees 01 minutes 30 seconds), a radius of seven hundred fifteen and zero hundredths feet (715.00 feet), a dfsmee along the are of two hundred forty-nine and eighty-nine hundredths feet (249.89 fed), a chord bearing of South seventeen degrees twelve minutes fifteen seconds West (S. 17 degrees 12 minutes 15 suds W.) a chord distance of two hundred forty-eight and sixty-two hundredths feet (248.62 feet) to a corner marked by a steel pin, a point of tangency; and (4) South twenty-seven degrees thirteen minutes zero seconds Wed (S. 27 degrees 13 minutes 00 seconds W.), a distance of thirty-five and thirteen hundredths feet (33.13 feet) to a corner marked by a sled pin, a point of curve; BOOK 686 PAGE2059 000K1670nsA&52 Thence by a curve bearing to the right, connecting the western right-of--way fine of Pond Road with the northern right•of--way line of Winchester Road (65 feet width having a central angle of ninety degrees zerwminutes zero seconds (90 degrees 00 minutes 00 seconds), a radius of thirty and zero hundredths feet (30:00 feet), a distance along the arc of forth-seven and twelve hundredths Feet (47.12 feet), a chord bearing of South seventy-two degrees thirteen minutes zero seconds West (S. 72 degrees 13 minutes 00 seconds W.), a chord distance of forty-two and forth-three hundredths feet (42.43 feet) to a corner marked by a steel pin, a point of tangency; Thence along the northern right-of-way fine of the aforesaid Winchester Road (65 feet wide), the two (2) following courses and distances, viz: (1) North sixty-two degrees forty-seven minutes zero seconds Whundredths est (N. 62 d arees 47 minutes 00 seconds W.h a distance of forty-eight and eti (48.10 feet) to a corner marked by a steel pin, a point of curve (2) By a curve bearing to the left. having a central angle of thirty-two degrees seventeen minutes eighteen seconds (32 degrees 17 minutes 18 seconds), a radius of three hundred eight nine and fifty hundredths feet (389.50 feet), a distance along the are of two hundred nineteen and fifty hundredths feet (219.50 feet), a chord bearing of North seventy-eight degrees fifty-five minutes thirty-nine seconds West (N. 78 degrees 55 minutes 39 seconds W.), a chord distance of two hundred sixteen and sixty hundredths feet (216.60 feet) to a corner marked by a drillhole; 't'hence leaving the northern right-of--way line along property belonging to South Whitehall Township, Spring Valley Winchester Estates, Inc., Mark S. Trachtman and Abby J. Trachtnian, Daniel C. Haukamp and Linda J. Haxdcamp, and Paul J. Besz and Donna L. Thompson, and Pond Associates, North sic degrees fourteen minutes twenty seconds West .(N 06 degrees 14 minutes 20 seconds W.), a distance of one thousand one hundred Ove and thirty-mist hundredths feet (1,145.39 feet) to a corner marked by a steel pin, on the southern right-of-way lint of Pennsylvania State Highway S.R. 1006, known as Walbert Avenue; Thence along the southern right-of-way line of said Wilbert Avenue, North eighty degrees fifty minutes thirty-four seconds East (N 80 degrees 50 minutes 34 seconds E.), a distance of two hundred seventy-two and ninety-five hundredths feet (27195 feet) to a corner; said comer also being at the northwestern corner of Lot No. 9 of "Winchester Plaza"; Thence alone the western line of said Lot No. 9, South nine degrees nine minutes twenty;-six seconds East (S. 09 degrees 09 minutes 26 seconds E.), a distance of three hundred ninety- two and thirty-seven hundredths feet (392.37 fleet) to a corner on the northern One of Lot No. 8 of "Winchester Plaza"; Thence along the southern line of Lot No. 9. North eighty-three minutes 40 seconds E.}? distance of rorty-five twenty-one and forty seconds East (N. 83 degrees 45 minutes ' ninety-dght hundredths feet (21.98 feet) to a corner marked by a steel pm; Thence along the dividing line between Lot No. 8 and Lot No. 9, South eight-four degrees twenty-four minutes forty-six seconds East (S. 84 degrees 24 minutes 46 seconds E.), a distance of two hundred seventeen and seventy-three hundredths feet (217.73 feet) to the PLACE OF BEGINNMG. BOOK BHS PACf?060 ?? ++ /yip. ^ PAr.Y'1 P? * 4RAT'l ll EXHIBIT A-4 (Description of Land) Hillside Corporate Center Mechat?icsbarg. PA wox 686 FACE:)-asi HILLSIDE CORPORATE CENTER ALL THAT PIECE of property situate in Lower Alien Township, Cuanberiaad County, 6mmonweaith of Pennsylvania, being Lot NCA shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-9, C-4) of a portion of "Roamoyne Industrial Park", prepared February 17,1989, revised March 24,1989, by J. Michael BrM & Associates, Inc., for Smith Land & Improvement Corporation. the Plain being recorded May 2, 1989, is Cumberiand County Court House in Plan Book 58, Page 1. The Lot is bounded and described as Mows: BEGINNING at a point on the southern right-of-way lane of "Louise Drive" (a 60 foot rigbt- of way) said point being located and referenced in a southwesterly directbm from the eenteriine intersection or"Ritter Road" and "Louise Drive", the following three (3) courses and distances: 1. From said intersection along an arc of a curve, curving to the lei baring a radius of 1784.14 feet, an are length of 145.7b feet to a point; 2. Thence along the same South 51 degrees so minutes 23 seconds West a distance of 1165.11 feet to a point; 3. Thenee South 38 degrees 09 minutes 37 seconds East a distance of 30.00 fat to a poini on the southern right-of-way line of "Louise Drive" to the point of beginning; THENCE from said point of beginning along existing Lot #C-29 South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; THENCE along lands now or late of Daniel Ritter and being the soutbe* side of a 250 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; THENCE along existing Lot 04 North 44 degrees 46 minutes 38 sernads West a distance of 463.08 feet to a point on the southern right-of-way line of "Louise Drive"; THENCE along the southern right-of-way line of "Louise Drive" North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of BEGINNING. I Certify this to be recorded In Cumberland County PA . e itecorder of Deeds booK 686 PACE20V.. 610'K i P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage DOCKET NO.: 10-488 Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, ? ? ..? - . vs. SFN PA, LLC ?- , c/o ASC Corp. 326 Third Street _i Lakewood, New Jersey 08701 r Defendant. PLAINTIFF'S EXPEDITED PETITION FOR THE APPOINTMENT OF A RECEIVER Plaintiff, Bank of America, N.A. ("Plaintiff' or "Bank of America"), successor by merger to LaSalle Bank, N.A. ("LaSalle Bank"), by and through its undersigned attorneys, Buchanan Ingersoll & Rooney PC, files the within Expedited Petition for Appointment of a Receiver ("Petition") and in support thereof respectfully states as follows: INTRODUCTION 1. Plaintiff is a secured creditor of the Defendant, SFN PA, LLC ("Defendant" or "SFN PA") with, among other things, a first priority mortgage on the Defendant's real property located at 5001 Louise Drive, Mechanicsburg, Pennsylvania more commonly known as "Hillside Corporate Centre" (the "Property"), and seeks a foreclosure judgment against the Defendant for an unpaid loan in the amount of $32,685,741.53. 2. Plaintiff now seeks an Order from this Court immediately appointing a receiver over the Defendant's personal property and the Property (collectively, the "Company Assets"). 3. The Court's urgent attention to this matter is required. Defendant is hopelessly insolvent and is unable to pay its debts as they come due. The Defendant lacks the liquidity required to cover ordinary property maintenance and expenses, thereby placing Plaintiff and its collateral at an undue risk of loss. A receiver is needed to, among other things, stabilize and maintain the Company Assets. 4. Contemporaneously herewith, Plaintiff filed a complaint in this Court seeking a foreclosure judgment against the Defendant as a result of Defendant's failure to pay outstanding amounts due and owing to Plaintiff in connection with the mortgage loan secured by the Property (the "Complaint"). A copy of the Complaint is attached hereto as Exhibit "A" and the allegations set forth therein are hereby incorporated herein by reference as if set forth in full at this point. Defined terms and exhibit references will be used here in the same way as used in the Complaint. BACKGROUND A. The Note 5. On or about January 26, 2001, Defendant signed, executed and delivered to GMAC Commercial Corporation ("GMAC") a Promissory Note (the "Note"), pursuant to which Defendant promised to pay to GMAC the principal sum of $33,000,000.00 (the "Loan"), with interest in arrears and other charges as set forth therein. A true and correct copy of the Note is attached to the Complaint as Exhibit "1" 6. The Note is payable in consecutive monthly payments of principal and interest in the amount of $234,594.33 commencing March 5, 2001, and continuing on the fifth day of each 2 A and every successive month thereafter until February 5, 2011 ("Note Obligations"). Note, Paragraph 2.01. B. The Assignment 7. On or about March 5, 2002, GMAC made, executed and delivered to LaSalle Bank, as Trustee that certain Assignment of Mortgage, Financing Statement, and Security Agreement ("Assignment") assigning all of GMAC's rights, title and interest in, among other things, the Note. A true and correct copy of the Assignment is attached to the Complaint as Exhibit "2." 8. The Trust is the current holder and owner of the Note and Assignment (collectively, "Loan Documents"). C. Defendant's Defaults 9. Defendant defaulted on the terms of the Loan Documents by, among other things, failing to pay the amounts due under the Loan Documents. RELIEF REQUESTED A. Plaintiff Is Entitled to Appointment of a Receiver Because It Has No Adequate Remedy of Law 10. Pursuant to Pa. R.C.P. 1533 a court may appoint a temporary and/or permanent receiver for a corporation or its property. 11. A receiver will be appointed for a corporation or a corporation's property if (i) there is no adequate remedy at law, and (ii) appointment of the receiver is necessary to save the company or property from injury or threatened loss or dissipation. Credit Alliance Corporation v. Philadelphia Minit-Man Car Wash Corporation, 450 Pa. 367, 372, 301 A.2d 816, 818-19 (1973); McDougall v. Hunt & Br. T. R. & C. Co., 294 Pa. 108,143 A. 574 (1928); Bogosian v. Foerderer Tract Committee, Inc., 264 Pa. Super. 84, 399 A.2d 408 (1979). 3 12. The appointment of a receiver is required in this case because the Company Assets are in imminent danger of diminishing in value due to the Defendant's liquidity crisis. The Defendant is insolvent, unable to pay its debts as they come due and, as a result, is unable to properly maintain and preserve the Property or service its tenants. The appointment of a receiver is required to secure and stabilize the Company Assets. 13. The appointment of a receiver is required also because Plaintiff has no adequate remedy at law that will prevent further diminution of the value of the Company Assets. Plaintiff has commenced an action against the Defendant for payment of the amounts due and owing on the Note. However, this action will not prevent or allow Plaintiff to take any action to prevent any decline or further diminution in value of the Company Assets, or protect Plaintiff s interests in the Company Assets until Plaintiffs Complaint can be resolved, and the Company Assets sold in either partial or full satisfaction of Defendant's obligations to Plaintiff. B. Plaintiff Is Entitled to Appointment of a Receiver Pursuant to the Terms of the Mortgage 14. As security for the Note, Defendant made, executed and delivered to GMAC, among other things, that certain Mortgage and Security Agreement dated January 26, 2001 (the "Mortgage"). 15. On or about November 21, 2001, GMAC assigned to Plaintiff all of GMAC's rights, title and interest in, among other things, the Mortgage. The Assignment was duly recorded on June 6, 2002, in the office of the Recorder of Deeds of Lehigh County, Pennsylvania in Deed Book 996, at Page 612. A true and correct copy of the Assignment is attached to the Complaint as Exhibit "2." 16. Under the terms of the Mortgage, the Defendant has agreed that upon its default, Plaintiff is entitled to the appointment of a receiver. See, Mortgage, 11. 1 (a)(vii). 4 17. Where the terms of the mortgage authorize the appointment of a receiver upon default, the law is clear that such provisions are enforceable under traditional contract principles. Metropolitan Life Ins. Co. v. Urban Redevelopment Authority of Pittsburgh, 437 Pa. Super. 544, 551 (1994) (terms of the mortgage clearly provide for the appointment of a receiver in the event of a default). 18. Defendant has defaulted on its obligations by virtue of its failure to, inter alia, make monthly installment payments due and owing to Plaintiff under the Loan Documents. As a result of such breach, Plaintiff is entitled to the appointment of a receiver under the terms of the Mortgage. CONCLUSION 19. Based on the foregoing, Plaintiff request that the Court enter the Order attached hereto appointing a receiver for the Defendant. Dated: January 28, 2010 BUCHANAN INGERSOLL & ROONEY PC By: /!? lxxtl? Christopher P. Schueller, Pa. I.D. 92746 Timothy P. Palmer, Pa. I.D. 86165 One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219 Tel: (412) 562-8413 Attorneys for Plaintiff, Bank of America, N.A. VERIFICATION BRUCE RICKERT states under penalties provided for by 18 Pa. C.S. § 4904 (unsworn falsification to authorities) that: 1. I am a Vice-President of Berkadia Commercial Mortgage, LLC ("Berkadia"). 2. Berkadia is the special servicer for Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001- C2, the Plaintiff in this matter. 3. The averments of fact contained in the foregoing Motion for Appointment of Receiver are true and correct to the best of my knowledge, information and belief. 4. I understand that a false statement in this verification will subject me to the penalties provided by law (misdemeanor of the second degree). Dated: .A. BRUCE RICKERT ?dli, 22, Lli?,?) ?; "'?J? UCfldlld,ll II1?E1-S & R.OU eV t 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC coo ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. NOTICE TO DEFEND TO: Defendant ?tc' IL 1 &Zk N .7 r_J rn rn rte: ; ; -c OUD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without fiarther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO DIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DOCKET NO.: le) - ly$g Jan. 22. 2010 1 4PNI Suehanaq IngEi, l R 4oonay FC, i?;o, `12f?? LAWYER REFERRAL SERVICE 4TH FLOOR, CUMBERLAND COUN'T'Y" COURTHOUSE. CARLISLE, PA 17013 (717) 240-6200 ttomey for Plaintiff #4863482-v1 l?r't Y T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage DOCKET NO.: Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. COMPLAINT FOR MORTGAGE FORECLOSURE Plaintiff, Bank of America, N.A., successor by merger to LaSalle Bank, N.A. ('Bank of America"), as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2, acting by and through its Special Servicer, Berkadia Commercial Mortgage, LLC, by and through its undersigned attorneys, Buchanan Ingersoll & Rooney PC, files the following Complaint for Mortgage Foreclosure against defendant, SFN PA, LLC. PARTIES 1. Plaintiff, Bank of America is a national banking institution created pursuant to the National Banking Act, 12 U.S.C. § 21 et seq., having an office and place of business at 135 South LaSalle Street, Chicago, Illinois 60674, and makes this Complaint in its capacity as sAA !f Trustee ('"Plaintiff' or "Bank of America, Trustee") for the registered holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2, a real estate mortgage investment conduit trust (the "Trust"). 2. Berkadia Commercial Mortgage, LLC (`Berkadia") is the special servicer for Bank of America, Trustee and is authorized to act on its behalf and commence this action. 3. Defendant, SFN PA, LLC ("Defendant" or "SFN PA"), is a Pennsylvania limited liability corporation having its principal place of business at c/o ASC Corporation, 326 Third Street, Lakewood, New Jersey 08701. BACKGROUND A. The Note and Mortgage 4. On or about January 26, 2001, Defendant signed, executed and delivered to GMAC Commercial Corporation ("GMAC") a Promissory Note (the "Note"), pursuant to which Defendant promised to pay to GMAC the principal sum of $33,000,000.00 (the "Loan"), with interest in arrears and other charges as set forth therein. A true and correct copy of the Note is attached hereto as Exhibit "1" and the terms of the Note are incorporated by reference as if fully set forth herein. 5. The Note was payable in consecutive monthly payments of principal and interest in the amount of $234,594.33 commencing March 5, 2001, and continuing on the fifth day of each and every successive month thereafter until February 5, 2011 ("Note Obligations"). 6. Payment in full of the entire principal balance together with accrued interest was due on February 5, 2011 (the "Maturity Date"). Note, Paragraph 2.01. 7. The Note provides, in pertinent part, that an event of default shall occur: (a) if any payment of principal and interest or any other payment required under this Note is not received by the Lender on or before the date that is five (5) 2 1 1 L days after the date such payment is due (except that no grace period shall be provided for the payment of principal and interest due on the Maturity Date or upon acceleration of indebtedness following the occurrence of an Event of Default). Note, Paragraph 4.01. 8. The Note further provides that if the Note is not paid in full on or before the Maturity Date or the date which the due date of the indebtedness has been accelerated pursuant to the provisions therein: the unpaid principal and accrued interest and other amounts then due shall bear interest at a rate per annum ("Default Interest Rate") equal to the lesser of (a) five percent (5.0%) in excess of the Interest Rate or (b) the maximum rate of interest, if any, which may be charged or collected from Borrower under applicable law.... Interest at the Default Interest Rate shall be immediately due and payable from the due date specified herein and shall accrue until all Events of Default have been fully cured or full payment is received, as applicable. Note, Paragraph 4.03. 9. The Note also provides, in relevant part, that if Borrower's obligations are enforced by Plaintiff or any payment collected due under the Note or Loan Documents, as defined therein, through an attorney-at-law "Borrower agrees to pay all costs incurred by Lender in connection therewith, including, but not limited to, reasonable fees and disbursements of legal counsel...." Note, Paragraph 4.05. 10. As security for the Note, Defendant made, executed and delivered to GMAC, among other things, that certain Mortgage and Security Agreement dated January 26, 2001 (the "Mortgage"), covering certain real property located at (i) 3535 Winchester Road, Allentown, Lehigh County, Pennsylvania ("Winchester Corporate Center"), (ii) 1550 Pond Road, Allentown, Lehigh County, Pennsylvania ("Winchester Corporate Center II"), (iii) 5001 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Hillside Corporate Center"), and (iv) 2001 3 V State Hill Road, Wyomissing, Berks County, Pennsylvania ("Executive Park", collectively, the "Mortgage Properties") 11. Legal descriptions of the Mortgage Properties are attached to the Mortgage as Exhibit "A-1 through A-4." - - --------12. - The-Mortgage-was-duty-r-ecorded (ikon March 2-9,-200-1-in the-office-of the -- - - Recorder of Deeds of Lehigh County, Pennsylvania in Deed Book 2489, at Page 0601, (ii) on February 21, 2001 in the office of the Recorder of Deeds of Berks County, Pennsylvania in Mortgage Book 3297, Page 737, and (iii) on February 15, 2001 in the in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 1670, Page 983. 13. On May 2, 2001, Defendant made, executed and delivered to GMAC that certain First Amendment to Mortgage and Security Agreement dated May 2, 2001 (the "First Amendment to Mortgage"). 14. The First Amendment to Mortgage was duly recorded (i) on August 7, 2001, in the office of the Recorder of Deeds of Lehigh County, Pennsylvania in Deed Book 1010, at Page 0606, (ii) on August 10, 2001 in the office of the Recorder of Deeds of Berks County, Pennsylvania in Mortgage Book 3378, Page 1873, and (iii) July 19, 2001 in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 1727, Page 4949. B. The Assignment 15. On or about February 15, 2002, GMAC made, executed and delivered to LaSalle National Bank, N.A. ("LaSalle Bank"), as Trustee that certain Assignment of Mortgage and Security Agreement and Assignment of Assignment of Leases and Rents ("Assignment") assigning all of GMAC's rights, title and interest in, among other things, the Mortgage and Note to LaSalle Bank, as Trustee. The Assignment was duly recorded on April 16, 2002, in the office 4 of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 686, at Page 2050. A true and correct copy of the Assignment is attached hereto and incorporated herein as Exhibit 662.15 16. The Trust is the current holder and owner of the Note, Mortgage, and Assignment __ - 11 (collectively,-`_`-Loan_Documents'').------ C. Defendant's Defaults 17. The terms of the Loan Documents are incorporated herein by reference as if fully set forth herein pursuant to Pa.R.C.P. 1019(g). 18. Under the terms of the Mortgage, an event of default occurs if: (a) if any Event of Default (as defined in the Note, for purpose of this subsection 10.1(a) only) occurs under the Note. Mortgage, Section 10.1(a). 19. Defendant defaulted on the terms of the Loan Documents by, among other things, failing to make the required loan payments within the terms specified in the Loan Documents. 20. As a result of Defendant's default, the amount due and owing by Defendant to Plaintiff under the Loan Documents, as of January 11, 2010, was $32,685,741.53 and comprised of the following: 5 Outstanding Principal Sum $30,049,441.76 Interest at Note Rate $ 1,274,037.90 Late Charges $ 93,837.76 Default Interest $ 680,285.97 Prepayment Premium $ 2,244,431.23 Servicer Administrative Fees $ 300.00 Property Protection Advances $ 22,522.31 Credit for Escrow Funds on Deposit ($ 1,679,115.40) Total Due as of January 20, 2010 $32,685,741.53 WHEREFORE, Plaintiff, Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 demands judgment against Defendant, SIN PA, LLC. and sale of Hillside Corporate Center in the amounts due as set forth in Paragraph 21, hereof, in the sum of $32,685,741.53 plus interest at the rate set forth in the Loan Documents accruing after January 11, 2010, to the date of judgment, other costs and expenses, including attorneys' fees and costs, and with interest on the judgment at the rate set forth in the Mortgage and costs of suit. 6 Dated: January, 2010 WCHAN GERSOLL & ROONEY PC By: P. Schue ller, Pa. I.D. 92746 Timothy P. Palmer, Pa. I.D. 86165 One Oxford Centre 301 Grant Street, 20th Floor - Pittsburgh, PA 15219 Tel: (412) 562-8413 Attorneys for Plaintiff, Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 7 r T_ VERIFICATION BRUCE RICKERT states under penalties provided for by 18 Pa. C.S. § 4904 (unsworn falsification to authorities) that: 1. I am a Vice-President of Berkadia Commercial Mortgage, LLC ("Berkadia"). 2. Berkadia is the special servicer for Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001- C2, the Plaintiff in this matter. 3. Berkadia is authorized by Plaintiff to commence the complaint in mortgage foreclosure against Defendant, SFN PA, LLC. 4. The averments of fact contained in the foregoing Complaint for Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. 5. I understand that a false statement in this verification will subject me to the penalties provided by law (misdemeanor of the second degree). Dated: BRUCE RICKERT it PROMISSORY VOTE in . i? S33,000,000.00 January 26, 201 i? FOR VALUE RECEIVED, and upon the terms and conditions set forth herein, SFN PIA, LLC, a Pennsylvania limited liability company ("Borrower"), promises to pay to the order ofGMA-C COMMERCIAL MORTGAGE CORPORATION, a California corporation ("Lender"), at Lender's office located at 200 Witmer Road, P.O. Box 809, Horsham, Pennsylvania 19044-0809, Attn: Servicing -Accounting Manager, or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of THIRTY-THREE MILLION AND N01100 DOLLARS ($33,000,000.00), or so much thereof as is outstanding and unpaid, together with interest thereon at the rate of seven and sixty-seven hundredths percent (7.67%) per annum ("Interest Rate"), in lawful money of the United States of America. which, at the time of payment, shall be legal tender in payment of all debts and dues, public and private. I . COMPUTATION OF INTEREST. Interest under this Note shall be paid in arrears and shall be calculated based on a 360-day year and paid for the actual number of days elapsed for any whole or partial month in which interest is being calculated. Interest shall accrue from the date on which funds are advanced (regardless of the time of day such advance is made) through and including the day on which funds are repaid, unless payment is received by Lender prior to the time set forth in Section 2.03 hereof. 2. PAYMENT OF PRINCIPAL AND INTEREST. 2.01 Principal and Interest Payments, Borrower shall pay principal and interest due under this Note as follows: Borrower shall payconsecutive monthly installments ofprincipal and interest in the amount of $234,594.33 (each a "Monthly A fount"), beginning on the fifth day of March, 2001 ("First Payment Date"), and continuing on the fifth day of each and every successive month thereafter (each a "Payment Date") through and including the Payment Date immediately prior to the Maturity Date (as defined below); and On the fifth day of February, 2011 ("Maturity Date"), the entire outstanding principal balance hereof, together with all accrued but unpaid interest thereon and any other amounts due under the Note or the other Loan Documents (hereafter defined) shall be due and payable in full. 2.02 Payment of Short Interest. If t?'is Note is executed on a date other than the fifth day of a calendar month, Borrower shall pay to Lender, contemporaneously with the execution of this Note, an interest payment calculated by multiplying (a) the number of days from and including the date of this Mote to and including the fourth day of such month (or if the date of this Note is after the fourth day of the month,.then the next following month) (b) by a daily rate based on the Interest Rate calculated for a 360 day year. 2.03 Method of Payment. Each received by Lender until received on a Business 338179.5 10128/1999 03:05PM payment due hereunder shall not be deemed Day (as hereafter defined) in Federal fur-' it ip immediately available to Lender prior to 2:00 p.m. local time at the place then designated by LeAr. Any payment received on a Business day after the time established by the preceding sentence, All be deemed to'have been received on the immediately following Business Day for all purpofs, including, without limitation, the accrual of interest on principal. t? 2.04 Application of Payments. Payments under this Note shall be applied firato the payment of late fees and other costs and charges due in connection with this Note, as Letider determines in its sole discretion, then to the payment of accrued but unpaid interest, and theWto reduction of the outstanding principal balance (in inverse order ofmaturity whether or not then due), but such application shall not reduce the amount of the fixed monthly installments required to be paid hereunder unless partial prepayments are expressly permitted in the event of partial release of collateral under Section 2.05 (b) below. No principal amount repaid may be reborrowed. All amounts due under this Note shall be payable without setoff, counterclaim or any other deduction whatsoever. 2.05 Loan Repayment and Defeasance. (a) ReVaMent. Other than asset forth in this Section 2.05, or as required or permitted pursuant hereto in connection with a casualty or condemnation, Borrower shall have no right to prepay all or any portion of the indebtedness evidenced by this Note (sometimes referred to in this Section 2.05 as "Loan") prior to January 5, 2011 (the "Optional Prepayment Date"). From and after the Optional Prepayment Date, Borrower may prepay all or aciy portion of the indebtedness evidenced by this Note without penalty or Defeasance. Notwithstanding the foregoing, in the event of any partial prepayment pursuant hereto (to the extent expressly permitted by the terms of this Note), or in the event of any prepayment of principal pursuant to Section 5(d) of that certain Earri- Out Reserve and Security Agreement ("EarnOut Reserve Agreement"), dated as of the date hereof, by and between Lender and Borrower, Lender shall re-set the schedule of payments of principal and interest due hereunder. (b) Voluntary Defeasance of the Note, On or after that date ("Optional Defeasance Date") which is the earlier to occur of (i) three years after the date of this Note or (ii) two years after the Loan is sold into a securitization ("Securitization"), and subject to confirmation from applicable rating agencies ("Rating Agencies") having been obtained therefor and to the terms and conditions set forth in this Section 2.05(b), Borrower may defease all (but not less than all) of the Loan (hereinafter, "Defeasance"). Defeasance shall be subject to satisfaction of each of the following conditions precedent: (i) Borrower shall provide not less than thirty (30) days prior written notice to Lender specifying a date ("Defeasance Date") which shall be a Payment Date, on which the amount required to defease the Loan ("Defeasance Deposit") is to be made and on which the Defeasance is to occur, as well as the anticipated outstanding principal amount of this Note as of the Defeasance Date. (ii) Borrower shall pay to Lender all accrued and unpaid interest on the outstanding principal balance of this Note to but not including the Defeasance Date. 3381793 10/2311999 03:O im 2 • r il~ i? i? (iii) Borrower shall pay to Lender all other sums, not includi scheduled interest or principal payments, then due under this Note, the Security Instrument and aid/ of the other Loan Documents. i? i? (iv) . No Event of Default shall exist on the Defeasance Date. ip i? (v) Borrower shall pay to Lender the required Defeasance Deposit for the Defeasance. 13 (vi) Borrower shall execute and deliver one or more security agreements in form and substance satisfactory to Lender (collectively, "Security Agreement"), creating a first priority lien on, and security interest in, the Defeasance Deposit and the U.S. Government Securities purchased with Defeasance Deposit in accordance with the provisions of Section 2,05(c). (vii) Borrower shall deliver to Lender an opinion of Borrower's counsel, which opinion shall be in form and substance satisfactory to Lender in its sole discretion, stating, among other things, that Lender has a perfected first priority security interest in the U.S. Government Securities purchased with the Defeasance Deposit. (viii) If required by the applicable Rating Agencies, Borrower also shall deliver or cause to be delivered from Borrower's counsel a non-consolidation opinion with respect to the Successor Borrower (as defined below), if any, which opinion shall be in form and substance satisfactory to Lender in its sole discretion and to the applicable Rating Agencies. In addition, if the Loan is included in any REMIC formed pursuant to a Securitization, Borrower also shall deliver or cause to be delivered an opinion of Borrower's counsel, which opinion shall be in form and substance satisfactory to Lender in its sole discretion, stating that (A) after a Defeasance, the Loan will continue to be a "qualified mortgage" within the meaning of Section 860G of the United States Internal Revenue Code (as now or hereafter amended, "Code") and (B) the REMIC will not fail to maintain its status as a "real estate mortgage investment conduit" within the meaning of Section 860D of the Code as a result of such Defeasance. (ix) Borrower shall deliver to Lender a certification from Borrower, in form and substance satisfactory to Lender, certifying that the requirements set forth in this Section 2.05(b) have been satisfied. (x) Borrower shall deliver such other certificates, documents or instruments as Lender may reasonably request, all of which shall be in form and substance acceptable to Lender. (xi) Borrower shall pay all reasonable costs and expenses of Lender incurred in connection with the Defeasance, including any costs and expenses associated with the Release Instruments (as defined in' Section 2.05(f) hereof) and reasonable attorneys fees and expenses. (xii) Borrower shall deliver to Lender a confirmation, in form and substance satisfactory to Lender, by a "Big Five" independent certified public accounting firm, that 338179.5 10/28/1999 03.OSPM _ X IF () Defeasance Deposit is sufficient to pay all Scheduled Defeasance Payments and other amodflts required to be paid by Borrower hereunder in connection with the proposed Defeasance. i (xiii) Borrower shall deliver to Lender confirmation, in form ID 61 d substance satisfactory to Lender, that all conditions to Defeasance have been met from ppy applicable Rating Agency that has required as a condition to Defeasance that such conditions hie been met. ?a t? (c) Purchase of U Government Securities. In connection with the Defeasance of this Note, Borrower hereby appoints Lender as its agent and attorney-in-fact for the purpose of using the Defeasance Deposit to purchase U.S. Government Securities (which purchases, if made by Lender, shall be made on an arms-length basis at then prevailing market rates) which provide payments on or prior to, but as close as possible to, all successive Payment Dates after the Defeasance Date, (including the outstanding principal balance of this Note due on the Maturity Date), and in amounts equal to the full amounts due on each Payment Date under this Note ("Scheduled Defeasance Payments"). Borrower, pursuant to the Security Agreement or other appropriate document, shall irrevocably authorize and direct that the payments received from the U.S. Government Securities may be made directly to Lender and applied to satisfy the obligations of the Borrower under this Note. In connection with the Defeasance of the Loan, any portion of the Defeasance Deposit in excess of the amount necessary to purchase the U.S. Government Securities required by this Section 2.05 (c) and satisfy Borrower's obligations under Section 2.05 shall be remitted to Borrower. Any amounts received in payment on the U.S. Government Securities in excess of the amounts necessary to make monthly payments pursuant to Section 2 (including payments due on the Maturity Date) shall be treated in accordance with the terms of Section 2.04 hereof. (d) Successor Borrower Option. Ifrequested by Borrower, in connection with a Defeasance of the Loan, Lender, at Borrower's expense, shall establish or designate one or more successor entities ("Successor Borrower") and Borrower shall transfer and assign all obligations, rights and duties under and to this Note, together with the pledged U.S. Government Securities, to the Successor Borrower. The obligation of the Lender to establish or designate a Successor Borrower shall be retained by the original Lender named herein notwithstanding the sale or transfer of this Loan unless such obligation is specifically assumed by the transferee. The Successor Borrower shall assume in writing the obligations under this Note, the Security Agreement and the other Loan Documents, by agreements in form and substance satisfactory to Lender, whereuppn Borrower shall be relieved of its obligations thereunder. Borrower shall pay $1,000 to any such Successor Borrower as consideration for assuming Borrower's obligations under the Note and the Security Agreement. Notwithstanding anything in this Note or the Security Instrument to the contrary, no other assumption fee shall be payable upon a transfer of this Note in accordance with this Section 2.05(d), but Borrower shall pay all out-of-pocket costs and expenses incurred by Lender, including Lender's reasonable attorneys fees and expenses, incurred in connection therewith. (e) Repayment Upon Default. If all or any part of the principal amount of this Note is prepaid pursuant to Section 5(d) of the Earn Out Reserve Agreement or upon acceleration of this Note following the occurrence of an Event of Default prior to the Optional Prepayment Date, then, in addition to such principal payment, Borrower shall be required to make such payments ("Yield Maintenance Payments") in an amount equal to the greater of (i) one peicent 338179.5 10/•`8/1999 03:05PM 4 is (1%), or (ii) the excess, if any, of (A) the aggregate respective present values of all scheduled interest and principal payments payable on each Payment Date in respect of this Note for the period frog the date of such prepayment upon acceleration to the Maturity Date, discounted monthly at a raF equal to the Treasury Constant Maturity Yield Index (defined below) and based on a 360-day yeg of twelve 30-day months over (B) the then current outstanding principal amount of this Note. Fpsr purposes hereof, "Treasury Constant Maturity Yield Index" shall mean the average yield for "This Week" as reported by the Federal Reserve Board in Federal Reserve Statistical Release H.15(519.) ("FRB Release") published during the second full week preceding the Prepayment Date fer instruments having a maturity coterminous with the remaining term of this Note. In the event the FRB Release is no longer published, Lender shall select a comparable publication to determine the Treasury Constant Maturity Yield Index. If there is no Treasury Constant Maturity Yield Index for instruments having a maturity coterminous with the remaining term of this Note, then the weighted average yield to maturity of the Treasury Constant Maturity Yield Indices with maturities next longer and shorter than such remaining average life to maturity shall be used, calculated by averaging (and rounding upward to the nearest whole multiple of 1/100 of 1% per annum, if the average is not such a multiple) the yields of the relevant Treasury Constant Maturity Yield Indices (rounded, if necessary, to the nearest 1/100•of 1 % with any figure of 1/200 of 1% or above rounded upward). The Yield Maintenance Payments to be paid in connection with any prepayment under this Section 2.05(e) shall be determined by Lender and shall be conclusive and binding on Borrower (absent manifest error). For purposes of this Section 2.05(e), the unpaid principal amount due on this Note on the date of prepayment shall be determined after giving effect to any payment of scheduled amortization made on such date. (f) Release of the Mortgaged Property. No repayment, prepayment or Defeasance of all or any portion of this Note shall cause, give rise to a right to require, or otherwise result in, the release of the real or personal property subject to the lien or mortgage created by the Security Instrument (referred to in this Section 2.05(0 as "Mortgaged Property"), except as follows: (i) If Borrower has elected Defeasance, and the requirements of Section 2.05(b) have been satisfied, the Md'rtgaged Property shall be released from the lien and mortgage created by the Security Instrument, whereupon the U.S. Government Securities pledged pursuant to the Security Agreement shall be the sole source of Borrower's collateral securing this Note. The Security Instrument shall otherwise remain in full force and effect as to provisions not pertaining to the Mortgaged Property. (ii) In connection with the release of the Mortgaged Property contemplated in this Section 2.05(f), Borrower shall submit to Lender, not less than thirty (30) days prior-to the Defeasance Date, a release of the Mortgaged Property (and related Loan Documents approved by Lender) for execution by Lender which shall be in a form appropriate in the applicable state and otherwise satisfactory to Lender in its reasonable discretion, along with all other documentation Lender reasonably requires to be delivered by Borrower in connection with such release (collectively, "Release Instruments"), together with a certification from Borrower, in form and substance satisfactory to Lender, certifying that such documentation (A) is in compliance with all Legal Requirements, and (B) will effect such releases in accordance with the terms of this Section 2.05. 339179.5 10/28/1999 03:05PM 5 Il) it 3. SECURITY: LOAN DOCUMENTS. The indebtedness evidenced by this Note aim the obligations created hereby (including without limitation the amounts authorized by Section 41t"b be collected by Lender and the Prepayment Consideration when due hereunder) are secured b`, among other things, a first mortgage, security interest and lien on certain real and personal propel collateral of Borrower, tangible and intangible, as described more particularly in that certain Dev of Trust and Security Agreement or Mortgage and Security Agreement, as applicable (eithpl, "Security Instrument") from Borrower to Lender, dated as of date hereof. The Security Instrument together with this Note and all other documents to or of which Lender is a party or a beneficiary ndW or hereafter evidencing, securing, guarantying, modifying or otherwise relating to the indebtedness evidenced hereby, and-all extensions, renewals and modifications thereof, are collectively referred to herein as the "Loan Documents." 4. DEFAULT. 4.01 Event of Default. The occurrence of any of the following shall constitute an event of default ("Event of Default") under this Note: (a) if any payment of principal and interest or any other payment required under this Note is not received by Lender on or before the date that is five (5) days after the date such payment is due (except that no grace period shall be provided for the payment of principal and interest due on the Maturity Date or upon acceleration of indebtedness following the occurrence of an Event of Default), or (b) if any default should occur under any of the other Loan Documents which is not fully cured following applicable notice or prior to the expiration of any applicable grace or cure period. Upon the occurrence of an Event of Default, at Lender's option, the outstanding principal balance of this Note, together with all unpaid interest accrued thereon and all other sums due hereunder or under any other of the other Loan Documents, shall, without notice or prior demand, immediately become due and payable. 4.02 ' Late Charges. If any payment is not received by Lender on or before the date on which such payment originally was due (as such date may be extended by the applicable grace period, if any), then, in addition to any default interest payments due hereunder, Borrower also shall pay to Lender a late charge in an amount equal to five percent (5.0%) of the amount of such overdue payment to defray the expenses incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of the delinquent payment. Such late charge shall be immediately due and payable, without notice or demand therefor. 4.03 Default Interest Rate. If this Note is not paid in full on or before the Maturity Date or the date on which the due date of the indebtedness has been accelerated pursuant to the provisions hereof, the unpaid principal and accrued interest and other amounts then due shall bear interest at a rate per annum ("Default Interest Rate") equal to the lesser of (a) five percent (5.0%) in excess of the Interest Rate or (b) the maximum rate of interest, if any, which may be charged or collected from Borrower under applicable law. In addition, Lender shall have the right, without acceleration of the indebtedness, to collect interest at the Default Interest Rate on any payment due hereunder (including without limitation late charges and fees for legal counsel) which is not received by Lender on or before the date on which such payment originally was due (as such due date may be extended by the applicable grace period, if any). Interest at the Default Interest Rate shall be immediately due and payable from the due date specified herein and shall accrue until all Events of Default have been fully cured or full payment is received, as applicable. 338179,5 10/28/1999 03:05PM 6 • it l? 4.04 Interest o Jud ts. Interest shall accrue on any judgment obtained by Lender in connection with the enforcement or collection of this Note until such judgment amount is paid in Al at a rate equal to the greater of (a) the Default interest Rate or (b) the legal rate applicable to judgment within such jurisdiction; provided, however, that interest shall not accrue at a rate in excess of maximum rate of interest, if any, which maybe charged or collected from Borrower under applicable IT P 4.05 Cumulative Remedies: Attorney Fees. The remedies of Lender in this Note apd in the other Loan Documents, or at law or in equity, shall be cumulative and concurrent, and maylbe pursued singly, successively or together in Lender's sole discretion and as often as occasion therefor shall arise. If Borrower's obligations under this Note or any of the other Loan Documents are enforced by Lender through an attomey-at-law, or any payment due under this Note or the other Loan Documents is collected by or through an attorney-at-law or collection agency, Borrower agrees to pay all costs incurred by Lender in connection therewith, including, but not limited to, reasonable fees and disbursements of legal counsel (whether with respect to a retained firm or Lender's in-house staff) and collection agency costs, whether or not suit be brought. No provision of this Section 4 shall be construed as an agreement or privilege to extend the date on which any required payment is due (subject to the applicable grace period, if any), nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of an Event of Default. The payments required under this Section 4 shall be in addition to, and shall in no way limit, any other rights and remedies provided for in this Note or any of the other Loan Documents, nor any other remedies provided by law or in equity, and shall be added to the principal evidenced by this Note and deemed secured by the Security Instrument and other Loan Documents. 5. LIMITATIONS ON RECOURSE. Notwithstanding anything to the contrary contained in this Note, the liability of Borrower and bf any general partner, principal or member of Borrower to pay the indebtedness evidenced by this Note and for the performance of the other agreements, covenants and obligations contained herein and in the other Loan Documents shall be limited as set forth in Article 15 of the Security Instrument. 6. NO USURY. This Note is subject to the express condition that at no time shall Borrower be required or obligated to pay interest (or any other amount agreed to be paid hereunder which shall be deemed to be interest) at a rate which would subject Lender to either civil or criminal liability as a result of being in excess of the maximum interest rate which Borrower is permitted by applicable law to pay. If, from any circumstance whatsoever, Borrower is at any time required or obligated to pay interest (or any other amount agreed to be paid hereunder shall be deemed to be interest) at a rate in excess of such maximum rate, then the amount to be paid immediately shall be reduced to such maximum rate, and, as required by applicable law, all previous payments in excess of such maximum shall be deemed to have been payments in reduction of the principal balance owing under this Note in the inverse order of maturity (whether or not then due) or, at the option of Lender, be paid over to Borrower and not to the payment of interest. All sums paid or agreed to be paid to Lender for the use, forbearance or detention of the indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full stated term of this Note until payment in full so that the rate or amount of interest on account of said indebtedness does not exceed the maximum lawful rate of interest from time to time in effect and applicable to this Note for so long as the Note is outstanding. This Section will control all agreements between Borrower and Lender in connection with this Note. 7. GENERAL CONDITIONS. 338179.5 10/28/1999 03:05PM 7 i? 7.01 No Waiver by Lender, No failure to accelerate the debt evidenced hereby Ar failure or delay in exercising any other right or remedy upon the occurrence of an Event of Defat hereunder, or any acceptance of a partial or past due payment, or indulgences granted from time to tijne shall be construed (a) as a novation of this Note or as a reinstatement of the indebtedness evidenced hereby, (b) as a waiver or impairment of Lender's right of acceleration or any other right or remedy available to Lender upon the occurrence of an Event of Default, or (c) as a waiver of Lender's rigkt thereafter to insist upon strict compliance with the terms of this Note or any of the other LdIrt Documents; and Borrower hereby expressly waives the benefit of any statute or rule of law or equity nbv provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing. No extension of the time for payment of any amount due under this Note or under any of the other Loan Documents made by Lender's agreement with any person now or hereafter liable for the payment thereof shall operate to release, discharge, modify, change or affect the original liability of Borrower under this Note or any such other person, either in whole or in part unless Lender agrees otherwise in writing. 7.02 Borrowees Waivers. Borrower, for itself and all others who may become liable for payment of all or any part of the indebtedness evidenced by this Note, hereby waives presentment for payment, demand, protest, and notice ofdishonor, protest, nonpayment, demand, intent to accelerate, and acceleration. Borrower, for itself and all others who may become liable for payment of all or any part of the indebtedness evidenced by this Note, hereby further waives and renounces, to the fullest extent permitted by law, all rights to the benefits of any moratorium, reinstatement, marshalling, forbearance, valuation, stay, extension, redemption, appraisement, exemption and homestead now or hereafter provided by the Constitution and laws of the United States of America and of each state thereof, both as to party and property (real and personal), against the enforcement and collection of the obligations evidenced by this Note or the other Loan Documents. 7.03 Unconditional Payment. If any payment received by Lender hereunder shall be deemed by a court ofcompetentiurisdiction to have been a voidable preference or fraudulent conveyance under any bankruptcy, insolvency or other debtor relief law, then the obligation to snake such payment shall survive any cancellation or satisfaction of this Note or return thereof to Borrower and shall not be discharged or satisfied with any prior payment thereof or cancellation of this Note, but shall remain a valid and binding obligation enforceable in accordance with the terms and provisions hereof, and such payment shall be immediately due and payable upon demand. No release of any security for this Note or any party liable for payment of this Note shall release or affect the liability of Borrower or any other party who may become liable for payment of all or any part of the indebtedness evidenced by this Note. Lender may release any guarantor, surety or indemnitor of this Note from liability, in every instance without the consent of Borrower hereunder and without waiving any rights which Lender may have hereunder or under any of the other Loan Documents or under applicable law or in equity. 7.04 Authority, Borrower represents that Borrower has full power, authority and legal right to execute, deliver and perform its obligations pursuant to this Note, that the execution, delivery and performance of this Note has been duly authorized, that the person executing this Note on Borrower's behalf has authority to do so, and that this Note, once executed by Borrower, constitutes the valid and binding obligation of Borrower, enforceable in accordance with its terms. 338179.5 Id28/1999 o3:o5PM 8 7.05 Ni ceotiable Instrument. Borrower agrees that this Note shall be deemedig negotiable instrument, even though this Note, absent this paragraph, may not otherwise qualify asq negotiable instrument under applicable law. t# 7.06 Sale of Loan by Lender. Lender shall have the right to transfer, sell or assign tlP Note, the Security Instrument and the other Security Documents, and the Obligations hereunder. t:) ip 8. MISCELLANEOUS. 1P 8.01 No ice . All notices and other communications under this Note or under the other Loan Documents are to be in writing, addressed to the respective party as set forth in this section, and shall be deemed to have been duty given (a) upon delivery, if delivered in person with receipt acknowledged by the recipient thereof, (b) one (1) business day after having been deposited for overnight delivery, fee prepaid, with any reputable overnight courier service, or (c) three (3) business days after having been deposited in any post office or mail depository regularly maintained by the U.S. Postal Service and sent by registered or certified mail, postage prepaid, return receipt requested. Initial addresses for each party are as follows: Borrower: SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Attention: David Lichtenstein Facsimile No.. (732) 363-7183 with a copy to: Feinstein, Raiss, Kelin & Booker, L.L.C. i00 Executive Drive West Orange, New Jersey 07452 Attention: Richard S. Kelin, Esq. Facsimile No.: (973) 731-4669 Lender: GMAC Commercial Mortgage Corporation 200 Witmer Road Horsham, Pennsylvania 19044 Attn: Servicing - Executive Vice President Each parry may establish a new address from time to time by written notice to the other given in accordance with this section; provided, however, that no such change of address will be effective until written notice thereof is actually received by the party to whom such change of address is sent. Notice to additional parties now or hereafter designated by a party entitled to notice are for convenience only and are not required for notice to a party to be effective in accordance with this section. 8.02 Entire Agreement: Time of Essence. This Note, together with the other Loan Documents and Lender's commitment letter to Borrower, contain the entire agreements between Borrower and Lender relating to the subject matter hereofand thereof, and supersede all prior discussions and agreements (oral or written) relative hereto and thereto which are not contained herein or therein. Borrower represents and warrants that it is not relying on any promises, covenants, representations or 338179,5 10/$/1999 03:05PM 9 ly tp agreements in connection with this Note or the other Loan Documents, other than as expressly set Ah herein or therein. In the event of any conflict between the terms of the Loan Documents, the followIRg j order of priority shall be used to resolve such conflict: The Note shall control over the Secu? Instrument and the Security Instrument shall control over all other Loan Documents. Time is of the essence with respect to all provisions of this Note. t? 8.03 Modification. Neither this Note nor any of the other Loan Documents maylbe changed, waived, supplemented, discharged or terminated orally or by any act or failure to act on the 05`lrt of Borrower or Lender, but only by an agreement in writing signed by the party against whom enforcement thereof is sought and then only to the extent expressly set forth in such writing. No person other than a duly authorized officer or agent of Lender shall be deemed an agent of Lender nor have any authority to waive, modify, supplement or terminate in any manner whatsoever any of the terms of this Note. 8.04 Binding Meg, Joint and Several Obligations. The terms and provisions of this Note and the other Loan Documents shall be binding upon and inure to the benefit of Borrower and Lender and their respective heirs, executors, legal representatives, successors, successors and assigns, whether by voluntary action of the parties or by operation of law. The foregoing shall not be construed, however, to alter any limitations or restrictions applicable to Borrower under the other Loan Documents. If Borrower consists of more than one person or entity, each shall be jointly and severally liable to perform the obligations of Borrower under this Note and the other Loan Documents. 8.05. Unenforceable Provisions. Any provision of this Note or the other Loan Documents which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. • 8.06 Ambiguity and Construction of Certain Terris. Neither this Note nor any uncertainty or ambiguity herein shall be construed or resolved against Lender by virtue of the fact that such document has originated with Lender as drafter. Borrower acknowledges that it has reviewed this Note and has had.the opportunity to consult with counsel on 'same. This Note, therefore, shall be construed and interpreted according to the ordinary meaning ofthe words used so as to fairly accomplish the purposes and intentions of the parties hereto. All personal pronouns used herein, whether used in the masculine, feminine or neuter gender, shall be deemed to include all other genders; the singular shall include the plural and vice versa. Titles of articles and sections are for convenience only and in no way define, limit, amplify or describe the scope or intent of any provisions hereof. "Herein," "hereof" and "hereunder" and other words of similar import refer to this Note as a whole and not to any particular section, paragraph or other subdivision; "Section" refers to the entire section and not to any particular subsection, paragraph of other subdivision. Reference to days for performance shall mean calendardays unless Business Days are expressly indicated. 8.07 Governing Law. This Note and the other Loan Documents shall be interpreted, construed and enforced according to the laws of the state in which the real property encumbered by the Security Instrument is located (without giving effect to its conflict of laws rules). 338179.5 1012811999 03:050M 10 III t? 8.08 Consent to Jurisdiction. Borrower and Lender, by its acceptance of this Nc*, agree and consent to the exclusive jurisdiction and venue of any state or federal court sitting in the cou* and state where the real property encumbered by the Security Instrument is located with respect to 0 legal action, proceeding, or controversy between them and hereby expressly waive any and all ri 1 s under applicable law or inequity to object to the jurisdiction and venue of said courts. Borrower furt}ti r irrevocably consents to service of process by certified mail, return receipt requested, to Borrower at e address for Borrower-last provided to Lender in accordance with the notice provision of this Note a? d agrees that such service shall be effective ten (10) days after mailing. Nothing herein shall, howem6r, preclude or prevent.Lender from bringing any one or more actions against Borrower in any other jurisdiction as may be necessary to enforce or realize upon the Security or other collateral provided for this Note. 8.09 WAVER OF JURY TRIAL. BORROWER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT BORROWER MAY HAVE TO TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE INDEBTEDNESS EVIDENCED BY THIS NOTE; THE APPLICATION OR CONIMiTMENT FOR THE LOAN EVIDENCED BY THIS NOTE; THE INTERPRETATION, CONSTRUCTION, VALIDITY, ENFORCEMENT OR PERFORMANCE OF THIS NOTE OR ANY OF THE OTHER LOAN DOCUMENTS; OR ANY ACTS OR OMISSION OF LENDER, ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION WITH ANY OF THE FOREGOING. 8.10 Tax Identification Ndrn Borrower represents and warrants that its current tax identification number is: 22-3772366. 338179.5 10128/1999 03:05PM I I :! . i8 i? IN WITNESS WHEREOF, Borrower has executed this Note under seal as of the date fit above written. i? SFN PA, LLC, a Pennsylvania limited liability company i? By: SFN Management, Inc., a Pennsylvania corporation, its manager By: ' avid Lichtenstein President Ww8303: WPD 10/28/1999010SPN11 ' WHEN RMRDS) RETURN T* MSERLf%"'t COUNTY- FA KC wliSM & ASSOCIATES ° 0? fl?R 16 fl? 115?t UM PEAALSA QR., S`TF. 2'18 1JIWm HILLS, ak 9203 Property: Lichtenstein Portfolio (Cumberland) GMACCM#01-1030784 Zeal 0-7- ASSIGNMENT O? MORTGA= AND 88CORITY AGRXZbC1T AND ASSIGNMENT OF ASST 7 OF L8A88S AND RENTS GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, whose address is 200 Witmer Road, Horsham, Pennsylvania 19044-8015 ("GMACCM")("Assignor"), as the holder of the instrument hereinafter described and for good and valuable consideration hereby endorses, assigns, sells, transfers and delivers to LaSalle Bank Nations! Assodalon, as trustee for the registered holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-'through Certificates, Series 2001-02,135 South LaSalle Street, Suite 1625, Chicago, 16W74 its successors, participants and assigns (collectively, "Assignee"), all right, title and interest of GMACCM in and to the following: A Mortgage and Security Agreement, by SFN PA, LLC, a Pennsylvania limited liability company (the "Borrower"), and GMACCM, dated as of January 26, 2001, and recorded on' February 15, 2001, in the land records of Cumberland County, Pennsylvania, and in Deed Book #1670, at Page #983, as Instrument #, securing the payment of a Promissory Note (the "Note"), dated of even date, in the original principal amount of $33,000,000,00 made by the Borrower, payable to the order of GMACCM, and encumbering the property described in Exhibit "A" attached hereto and by this reference ma d;9 a part hereof. 2001, made by SFN PA, LLC, a Pennsylvaniad liability company, and assignor, Sai ignment of Leases and Rents was recorded ruary 15, 2001, in the land records of r and County, Pennsylvania, in ook #666, at Page #829, as Instrument encumbers the real property descr' n Exhibit "A", attached hereto and A First Amendment to Mortgage and Security . Agreement, by SFN PA, LLC, a Pennsylvania limited liability company (the "Borrower"), and GMACCM, dated as of May 2, 2001, and recorded July 19, 2001, in the lY d records of Cumberland County, w 686 PACE2050 Pennsylvania, in Deed Book 1727, at Page 4949, and encumbers the real property described in Exhibit "A", attached hereto and incorporated herein. Together with any and all notes and obligations therein described, the debt secured thereby and all sums of money due and to become due thereon, with the interest provided for therein, and hereby irrevocably appoints Assignee hereunder its attorney to collect and receive such debt, and to foreclose, enforce and satisfy the foregoing the same as it might or could have done were these presents not executed, but at the cost and expense of Assignee. Together with any and all other liens, privileges, security interests, rights, entitlements, equities, claims and demands as to which GMACCM hereunder possesses or to which GMACCM is otherwise entitled as additional security for the payment of the Note and other obligations described herein. This Assignment shall be governed in all respects by the laws of the state in which the aforementioned instruments were recorded and shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, GMACCM has duly executed Assignment as of the 15 February, 2002. WITNESS: ASSIGNEE HEREBY CERTIFIES TEAT IT'S MCISB ADDRESS 13: 135 SOUTH LASALLE STSSST, SUITS 1625 ?za II, a BY: FRANK SNIP, IT'S AOINT GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporatign-? n B nla A. Tann istant Vice President 8ooK 686 PAGE2051 COMMONWEALTH OF PENNSYLVANIA g9. COUNTY OF MONTGOMERY The foregoing instrument was acknowledged before me this 15 February, 2002 by Cynthia A. Tann, Assistant Vice President of GMAC Commercial Mortgage Corporation, a California corporation, on behalf of the corporation. Notary My Commission Expires: Nome 8081 Joan M. Koch, Notary PuDifc Horsham T*q? Mon%omary Cw* M Cam Won EgM DM .2M When recorded mail to: PREPARED BY: GMACCM 200 Witmer Road Horsham, PA 19099 8aox 686 PXE2052 3 EXHIBIT A 1 (Description of Land) Executive Park Center Wyomissing, PA boat 686 PAGEP-053 84511SWUM1046 EXECUTIVE PARK ALL THAT CERTAIN had or piece of land together with a tww itory brick and dryvk faced ofllee bwuu . and tither imprevoneap erected thereon, located on the North side of State Route No. 3023 known as "State Kill Road", and the East side of Berkshire Boukvard, (formerly known as Kissinger Lsae). being Lot No. 2 Residua of the Subdivision/Land. Development far Executive Park Addition No. 2 and as shown on the ALTAIACSM Land Tire SwM prepared by Steckbowe. Saks & Basinger of Sinking Sproa Peaasyhvtwla. dated January S. 2001. Pl= No. SSB-13-2154-14 situate in eke Borough of Wyomissing. County of Berks, Conmenwealtlr of Peaasyivania, and being more fully bounded and described as follows to wit: BEGINNING at a sted pip an the North riyght-of-way litre ofState Route 3023, know as 1fStnte HM Road", (W wW), said point being the soatbeesternmost corner of property belonging to Web Mark" lam and being located South sevmqusix degrees tifrytbree minutes Fast (S. 76 degrees S3' Est) a diWmn of Poor kuadn d tiirV feet (43DAW) from a plat of carve of a eusve connecting die Norm ?igWd-way o!States Dili Road with the Fast rh*-af wiry line at Betltabire Boulevard (W Wide); THENCE EXTENDING along property belonging to Weis Markets, for- the two (2) courses aad distafnes to writ: 1, in a nortbesterly direction on a line bearing North thirteen degrees seven minutes Bast Q1. 13 degrees 07' E.) a distance of fnwc hundred feet and eight hundredths of one foot (50008') to a steel pin; 2. In a northwesterly direction on a line bearing North seventy4s; degrees fifty-three ariautss Wed (N. 76 degrees 33' W.) a distance of three hundred Azty-taven feet and e*htytwo bundredtbs of one foot (367.821) to a p.k spike in a curve to the Esst right-of-way line of Berksbim Boulevard (80' wide); THENCE EXTENDING is a northeasterly direction along the East right-of-way tine of Berkshire Boulevard and along a carve deflecting to the right having a radius of one thousand four hundred forty two feet and forty hundredths of one foot (1442.40'), a central angle of two degrees fifty-dgbt minato thirty-two seconds (02 degrees SV321h a tangent oft" sev" hat and forty-slit hundredths of one foot (37A6'), a ebord of seventy-four fret and ulaeW baadrWft of one fact (74.90'), a chord bearing North thirty-foa r deR,rea two wipoess thing we samds Ent (N. 34 degraea 0Y 31" E.) a dhtauce along the arc of seventy4our feet and alien m handrudtia of one feet (74917 to a sled pin a corner of Lot No. i an the "Kish r Land Area DevW6peaart, Pbase V recorded in Play Book Volasse 123, Page 21; ' BOOK 686 PALP205 eoox?,S?3rACFU4"1 THENCE EXTENDING in a southeasterly direction partially alone Lot No. 1 and partially along Lot No. 2 on the above-mentioned recorded plan on a line bearing South seventy-six degrees fifty -three minutes East (S. 76 degrees 531E) a distance of she hundred forty-one fees and five hundredths of oat foot (641.05') to a steel pia a corner of Lot No. 3 on the above- mentioned recorded plan; THENCE EXTENDING along Lot No. 3 the two (2) courses and distances to wit: 1. In a northeasterly direction on a line bearing North eighty degrees nineteen minutes East (N. 30 degrees 19 awes E.) a distance of two hundred sir feet and tbrity-five hundredths of one foot (206.35 feet) to a steel pin: 2. In a southeasterly direction an a line bearing South seventy six degrees fifty three minutes East (N. 76 depress 53 minutes E.) a distance of one hundred fifty feet (150.00) feet to a steel pin in line of property belonging to National Properties, lisp. THENCE EXTENDING in a southwesterly direction along property belonging to National Properties, 13m on a line bearing South tkirteen degrees seven minutes West (S.13 dege+ees 07 iaimutes W.) a distance of three hundred twenty-four and ninety-eight hundretbs of one feu (324.95 feet) to a steel pin, a corner of Lot No.1 on the Executive Park Subdivision; THENCE EXTENDING in a northwesterly direction partially along Lot No. land partially along Lot No. 3 on the Subdivision/Land Development for "Executive Park Addition No. 2" on a live bearing North-seventy sex degrees fifty-tbr*e utinutes Wet (N. 76 degrees 53 minutes W.) a distance of three hundred fifty-eight feet and five hundredths of one foot (353.0S feet) to a A.0. spike; TMNCE EXTENDING in a southwesterly direction along Lot No. 3 on a line bearing South twelve dgreea fifty-nine minutes thirty-two seconds West (S. 12 degrees 59 minutes 32 seconds W.) a distance of three hundred twenty-tare fat and two hundredths of one foot (3255 feet) to a steel pin on the North right-of-way line of State Hill Road (40 feet wide); THENCE F3i. IWDING in a northwesterly direction along the north rigis"Pway line of Sung Hill Road oa a line bearing North seventy-six dgpm fifty-three ndatutes West (N. 76 degrees 53 minutes W.) a distance of two hundred eighty-two, feet and eighty-seven husdrredths *(me foot (25237 feet) to the place of BEGINNMG. BOOK 686 PACE.205.5 -?.., r- V0 LKHIBTT A-2 (Description of Land) Winchester Corporate Center Allentown, PA bom 686 FAcE?056 Mo+t?70?eti0?! 3135 WINCHESTER ROAD ALL THAT CERTAIN tract of land situate in South Whitehall Township, Lehigh County, Penusyban* as shown on and described in accordance with a site plan for Brownfield Really, Ltd., p mpared by Barry loft do Associates, Inc., Tralertown, PA. dated August 21, 1998 and revised November 10, 1998, so follows: BEGINNING at the intersection of the northerly right of-waxy line of Winchester Road (T589, 60 fed legal right-of-way) and the easterly property line of the lands of Kenneth J. Ally Toff; THENCE along said lands of Kenneth J. Ails Toff, the following two courses and distances: 1. North 21 degrees 05 minutes 19 seconds Eas4 16LW fat; 2. North 81 degrees 01 minutes 28 seconds East, 43.43 fees to a concrete monument; THENCE partly along lands of Kenneth J. Aft Toff and partly along the lauds of Pond Road Associates, North 06 degrees 12 minutes 30 seconds West, passim through an iron pipe at 186.11 feet, a total distance of 484.56 fat to a can-rote mosuae,at; THENCE along said lands of Popd Road Associates, North 83 degrees 23 minutes 23 seconds East, 436.25 tbeet to a concrete monument; THENCE along the lands of Pe maybaals Real Estate Investment Trust (Crest Plan a Shopping Center) the following three courses and distances: 1. South 04 degrees 04 minutes 32 seconds East, 467.711 feet to a concrete Monument; 2. South 00 degrees 41 ndautes 37 seconds East, 238$8 text to a concrete naoneemeat; 3 South 23 degrees 23 minutes 37 seconds East, 37.01 feet to the oferssaid northerly legal right-of way line of Winchester Road; THENCE along said right-of-way llne of Winchester Road the Wowing three courses and distanceac 1. So" 84 degrees 19 minutes 52 seconds West, 169M feeq 2. Along a carve to the right, having a radius of 681.37 feet a central a"% of 32 degrees 49 miautes 36 seconds and a tangent of 201!`17 feet, the arc distftce of 39038 fad (having a ebord with a bearing of North 79 degrees 15 minotesa 10 seconds West, 385.06 text); 3. North 62 degrees 5D minutes 32 seconds West, 1.68 fed to the point of BEGINNING. BOOK 686 PUE2057 BOOK +6!0?aai0e I } ? EXHMT£ A-3 (Description of Land) Winchester Plaza Corporate Center Allentown, PA BOOK 686 PXE2058 ri J??.G51 $oaxif r WINCHESTER PLAZA ALL THAT CERTAIN parcel or tract of land, du ate on the western side of Pond Road (70 feet wick) on the northern sick of Winchester Road (65 feet wide) and on the southern side of Pennsylvania Static Highway S.R. 1006, known as Walbert Avenue (80 Let wide) in the Township of South Whitehall, County of Lehigh and Commmmaklh of Pennsylvania, being Lot Nos. 6, 7 and a as shown orn the Plan of Lots known as "Winchester Plaza", as recorded in Plan Book Volume 26, Pages 61 and 62, Lehigh County Records at Allentown, Pennsylvania, and as shown on Plan No. 8788.005-D-WI, prepared by Spotts, Stevens and McCoy, Inc., Consulting Engineers of Reading, Pennsylvania, together with Lot No. 10 on a Revised Plan of Winchester Plaza, dated May 26,1959 and recorded in Map Book Volume 29. Page 79, Lehigh County Records, Allentown, Pennsylvana, and also as being shown as that certain lot on the Site Development Plan of "Winchester Plaza Corporate Center 11" prepared by Spotts, Stevens and McCoy, Inc., Consulting Engineers of Reading. Pennsylvania, as recorded in Minor Subdivision Volume 8, Page 252, on October 3,1991 in the Lehigh County Records at Allentown, Pennsylvania, as such plan amends or abolidnes conditions an the prior plans of Lob 6, 7, 8 and 10 mentioned above, and being more folly bounded and described as follows, to wit: BEGINNING at a corner marked by a steel pin on the western right-of-way line of pond Road (70 feet wide), sold corner being a corner in common betwom Lot No. 8 and Lot No. 9 and also being the most nordicastern corner of the herein described tract; thence continuing along the western right-of-way line of the aforementioned Fond Road, the four (4) following courses and distanun, viz: (1) by a curve bearing to the right, having a central angle of one degree thirty-six minutes fifteen saonds (01 degree 36 ssiantes 13 seconds), a radius of nine hundred sixty-five and zero hundredths feet (165.00 feet) a distance alosgthe are of twenty-semen and two hundredths feet (27.02 feet), a chord bearing of South six degrees twenty-three minutes twenty-two seeowls West (S. 06 degrees 23 minutes 23 seconds W.)6 a chard distance of twenty seven and two hundredths feet (27.02 feet) to a corner narked by a sled pin, a point of tangency; (2) South ayes degrees eleven mlautes thirty seconds West (S. 07 degrees 11 minutes 30 seconds W.) a distance of four hundred ninety-five and five hundredths feet (496.05 feet) to a roomer marked by a sled pia, a point of carve; (3) By a curve bearing to the right, having a central angle of twenty degrees one minute thirty seconds (20 degrees 01 minutes 30 seconds), a radius of seven hundred fifteen and zero hundredths feet (715.00 feet), a. distance along the are of two hundred forty-nine and eighty-nine bandredthe feet (249,89 feeth a chord bearing of South seventeen degrees twelve miwates fifteen sends West,(5.17 degrees 12 minutes 15 seeands W.) a chord distance of two hundred forty-eight and sixty-two hundredths feet (248.62 feet) to a corner marked by a steel pin, a point of Wagner and (4) South twenty-seven degives thirteen ¦ninutes sore seconds Wad (S. 27 degrees 13 minutes 00 saonds W.), a distance of thirty-five and thirteen hundredths feet (3543 feet) to a corner marked by a Ned pin, a point of curve; BWK 6$6 PACE2059 eocxf ??On,?il?52 r Thence by a carve bearing to the right, connecting the western right-of-way line of Pond Road with the northern right-of-way line of Winchester Road (65 feet wide}, having a central angle of ninety degrees zerwminutes zero seconds (90 degrees 00 minutes 00 seconds), a radius of thirty and zero hundredths feet (30.00 feet), a distance along the are of forth-seven and twelve hundredths W (47.12 feet), a chord bearing of South seventy-two degrees thirteen minutes zero seconds West (S. 72 degrees 13 minutes 00 seconds W.), a chord distance of forty-two and forth-three hundredths feet (42.43 feet) to a corner marked by a steel pin, a point of tangency; Thence along the northern right-of way line of the aferesaid Winchester Road (65 feet wide), the two (2) following courses and distances, viz: (1) North sixty-two degrees forty-sevaa minutes zero seconds West (N. 62 degrees 47 minutes 00 seconds W.), a distance of forty-eight and ten hundredths feet (48.10 %et) to a corner marked by a steel pin, a point of curve (t) By a curve bearing to the left, having a central angle of thirty-two degrees seventeen minutes eighteen seconds (32 degrees 17 minutes 18 seconds), a radius of three hundred eight--nine and fifty hundredths feet (389.50 feet), a distance along the arc of two hundred nineteen and fifty boadredths feet (219.50 feet), a chord bearing of North seventy-dght degrees fifty-five minutes thirty-nine sedends West (N. 78 degrees 55 minutes 39 seconds W.), a chord distance of two hundred sixteen and sixty hundredths feet (216.60 felt) to a corner marked by a drillhole; Thence leaving the northern right-of--way line along property belonging to South Whitchall Township, Spring Valley VAnebester Estates, inc., Mark S. Trachtman and Abby .1. Trathtman, Daniel C. Reakamp and Linda I Hazelwmp, and Paul I Den and Donna L. Thompson, and fond Associates, North sic degrees fourteen minutes twenty seconds West .(N 06 degrees 14 minutes 20 seconds W.), a distance of one thousand one hundred five and thirty-nine hundredths feet (1,10539 feet) to a corner marked by a steel pin, on the southern right-of-way line of Pennsylvania State Highway S.R. 1006, known as Walbert Avenue; Thence along the southern right-of-way line of said Walbert Avenue, North cigbty degrees fifty minutes thirty-four seconds East (N 80 degrees 50 urinates 34 seconds E.), a distance of two hundred seventy-two and ninety five hundredths feet (272.95 feet) to a corner; said corner also being at the northwestern corner of Lot N9.9 of "Winchester Plana"; Thence alone the western line of said Lot No. % South nine degrees nine minutes twenty;-siz seconds East (S. 09 degrees 09 minutes 26 seconds E.), a distance of three hundred ninety- two and thirty-seven hundredths feet (392.37 feet) to a corner on the northern Bea of Lot No. 8 of "Winchester Plana"; Thence along the southern line of Lot No. 9, North eighty-three degrees forty-five minutes forty seconds East (N. 83 degrees 45 minutes 40 seconds E.), a distance of twenty-one and ninety-eight hundredths feet (21.98 feet) to a corner marked by a steel pin; Thence along the dividing line between Lot No. 8 and Lot No. 9, South eight-four de Pv" twenty-four minutes forty-sine seconds East (S. 84 degrees 24 minutes 46 seconds MN a distance of two hundred seventeen and seventy-three hundredths feet (217.73 feet) to the PLACE OF BEGINNING. ' boa 686 PAV-060 EXHIBIT A-4. (Description of Land) Hillside Coiporatc Centcr MechWcsba& PA bom 686 PACEP-06.L • ? tr rJ t, HILLSIDE CORPORATE CENTER ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Caamsonwaaltln of Peansrlvau* being Lot #04, stuns in Fiud Subdivision Plan of Tracts "B" alt "C" (Lob B•5, G4) of a portion of "Rossmayne Iadees4etal Park", pre pwmd February 17, IM revised March 24,19891 by J. Michael Brio sit Assodata, Inc., for Smith Load & Improvement Corporation, the Plato being r+ecorde d May? 2, 1989, is Consbedand County Court House in Pisa Book 58, Page 1. The Lot is bounded and deserlbed as follows: BEGINNING at a point on the southern right-of-way line of "Louise Delve" (a 60 foot right, o"W) said point being located and rekrenced In a soutbwesterlyr direction from the ee nterline intersection of"Ritter Road" and "Lucite Drive", the following tbree (3) courses and distances: 1. From said intersection along su are of a carve, curving to the letl, baviog a radius of 178014 feet, an are length of 145.70 feet to a point; 2. Thence along the same South 51 degrees 50 minutes 23 seconds Wert a distance of 1165.11 feet to a point; 3. Thence South 38 degrees 09 minutes 37 seconds Fast a distance of 30.08 feet to a point on the southern right-of--way tine of "Louise Drive* to the polat of beginning; THENCE from said point oEbeginaiag along existing Lot #C-2, South 36 degrees 09 minutes 37 seconds Fast a distance of 460.0o feet to a point; THENCE along leads now or late of Daniel Ritter and being the soadherty side of a 150 foot buffer zone South 51 depress 50 minutes 23 seconds West a distance of 513.61 feet to a point; TIIBNCR slang exiting Lot 04 North 44 degrees 46 minutes 38 seconds Wert a distance of 46&08 fleet to a point on the southern right-of-way Wne of "LouiseDrive:"; THENCE along the southern right-of-way line of "Louise Drive" North 51 degrees 50 minutes 23 seconds East a distance of W&98 feet to a point, she place of BEGINNING. I Certify this to be recorded In Cumberland County PA Recorder of Deeds WOK 686 PACEP-062. "aino"MI M- ,. .0 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. DOCKET NO.: 10-488 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Complaint in Mortgage Foreclosure and Plaintiffs Expedited Petition For The Appointment Of A Receiver was served this 28th day of January, 2010, by Certified Mail, Return Receipt Requested and Overnight Mail, upon the following: SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, NJ 08701 Christopher P. Schueller, Pa. I.D. 92746 Timothy P. Palmer, Pa. I.D. 86165 One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219 Tel: (412) 562-8413 Dated: January 28, 2010 By: BUCHANAN INGERSOLL & ROONEY PC e?a 114 /.,- - ? Attorneys for Plaintiff Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 DOCKET NO.: 10-488 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. N © 0 qnn r -n .r ORDER APPOINTING RECEIVER This case coming on to be heard on the Expedited Petition for the Appointment of a Receiver filed by Plaintiff Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 ("Plaintiff'), it is herby ordered that: 1. Guardian Receivership Services, Inc. is hereby appointed receiver of the property ("Receiver") which is the subject of this action and commonly known as Hillside Corporate Center located at 5001 Louise Drive, Mechanicsburg, Pennsylvania (the "Property") effective immediately upon the date of this Order. 2. The Receiver shall have all of the usual and statutory powers of a Receiver, either personally or through its employees, agents, and independent contractors, to: a. Enter into and terminate leases; b. Collect rents and profits; c. Manage and maintain the Property; d. Apply the rents and profits to the necessary expenses of operating the Property including without limitation taxes, utilities, insurance premiums, and service contracts on the Property, and leasing commissions in accordance to this Order; e. To take possession of the Property and all personalty located thereon, including without limitation, all related books, records, bank accounts, keys, combinations for locks or other access information, equipment and such other personalty as may be found on or off the Property which relates in any manner to the management, ownership or operation of all or any portion of the Property. f. To supervise and oversee the operation and management of the Property and to assume all responsibility for letting or re-letting space at the Property. The Receiver or its designee, prior to entering into any new leases with respect to the Property or entering into or authorizing the renewal or expansion of any existing leases, shall deliver to Plaintiff (I) standard forms of leases that the Receiver or his designee will utilize for all leases of retail and commercial office space in the Property and (II) a statement of leasing parameters, in form and detail satisfactory to Plaintiff, with which all leases of space in the Property will comply (collectively with the standard forms of leases, the "Approved Leasing Provisions"). Upon Plaintiffs written approval of the Approved Leasing Provisions, the Receiver or his designee may enter into new leases or lease renewals or expansions provided, however, that all leases (whether new or renewals) shall be subject to Plaintiffs prior written consent in its sole and absolute discretion. Any departure from the Approved Leasing Provisions in any leasing transaction shall require the prior written consent of the Plaintiff. g. To direct Defendant and its agents, employees or other representatives immediately to turn over and deliver or cause to be delivered to the Receiver or his designee all personalty which relates in any manner to the ownership management or operation of the Property including, without limitation, all keys, combinations for locks or other access codes, books, records, accounts, rents (whenever received), security deposits (including any prepaid rents, and other deposits, if any, with a list by tenant of the amount of each security deposit or prepaid rent) leases, operating statements, reserve accounts and the like pertaining to the operation of the Property. h. Within forty-five (45) days from the date of this Order, the Receiver or his designee shall prepare a preliminary monthly operating budget for the Property and shall submit such preliminary budget for the review and approval of the Plaintiff. Within sixty (60) days from the date of this Order, the Receiver or his designee shall prepare a final monthly operating budget for the Property and shall submit such final budget for Plaintiffs review and approval. The final monthly operating budget, as approved by Plaintiff, shall be updated periodically by the Receiver or his designee to 2 take into account changes in circumstances; provided however, that any updates or other changes to the final monthly operating budget shall be subject to the review and approval of the Plaintiff. Any and all sums collected by the Receiver over and above those necessary to operate the Property, as reflected in the final monthly operating budget, or those necessary to make the payments authorized by this Order, shall be paid to Plaintiff or applied as directed by Plaintiff during the pendency, or at the termination of, the receivership authorized hereby. i. To take such steps with regard to the outstanding accounts payable and the status of operations of the Property in order to maintain, preserve, and protect the Property including, without limitation, to discern the status of the outstanding accounts payable and to settle or compromise such accounts as the Receiver or his designee deems necessary and the power to demand, collect and receive from Defendant and all present and future tenants, occupants or other parties in possession of all or any portion of the Property all sums now due and unpaid or which hereafter shall become due with respect to or arising out of the Property during the pendency of the receivership authorized hereby. j. To terminate or abrogate any or all agreements, contracts, understandings or commitments entered into by Defendant with respect to the Property, including without limitation any management agreements, leases of space in the Property, and Defendant shall pay any and all termination and/or other fees, costs and expenses in connection with said termination. k. To open new accounts with, or negotiate, compromise or otherwise settle Defendant's existing obligations to utility companies or other service providers or suppliers of goods and services to the Property and to otherwise enter into such agreements, contracts or understandings with such utility companies or other service providers or suppliers as are necessary to maintain, preserve and protect the Property. 1. To open new bank accounts with respect to the Receiver's or his designee's management, operation or leasing of the Property. m. To secure such monies as Plaintiff may be willing to advance for preservation and maintenance of the Property, including current costs of repairs and general maintenance, security, utilities, insurance and other necessary services, with all such funds so advanced by Plaintiff to be added to Defendant's indebtedness to Plaintiff and to be secured by the Plaintiffs Loan Documents and all such monies so advanced, including interest thereon, shall be secured by the Mortgage. All such monies advanced according to the Loan for the preservation and maintenance of the Property together with interest thereon, shall be repaid, to the extent feasible, from the operating revenues of the Property whether such operating revenues are generated before, during or after the receivership. 3 n. To apply to this Court for further directions and for such further powers as may be necessary to enable the Receiver to fulfill its duties. 3. The Receiver is authorized to utilize its Brokerage Services division as exclusive leasing agent to procure tenants for the Property in accordance with the following commission schedule: Leasing Commission Schedule 6% of gross rentals for year l; 5% of gross rentals for year 2; 4% of gross rentals for year 3; 3% of gross New Leases and Expansions rentals for year 4; 2% of gross rentals for years 6-10 for a deal direct with tenant 1 % of gross rental during renewal term for a deal direct Renewals and Extensions with tenant Cooperation Broker - New Leases 6% of gross rental during new term, if co-brokered deal and expansions to be split with co-broker. Cooperating Broker - Renewals 3% of gross rental during renewal term if co-brokered deal - to be split with co-broker. 4. At Plaintiffs option and sole discretion, and without further court order, the Receiver may engage a broker to market the Property for sale ('Broker"), so long as the Broker is approved by Plaintiff on terms and conditions acceptable to Plaintiff in its sole discretion. The Broker may be Receiver or an entity or person directly or indirectly related to Receiver. In connection with the marketing and sale of the Property: a. The Receiver is authorized and directed to cause the Property to be listed for sale at any price the Receiver determines in the exercise of its business judgment, to be an appropriate list price so long as Plaintiff has approved the list price. b. The Receiver is authorized and directed to assist in marketing the Property for sale. c. The Receiver is authorized and directed to negotiate proposed sale terms without a buyer for the Property; provided, however, that the Receiver shall not enter into any contract for the sale of the Property with the prior written consent of the Plaintiff in its sole discretion. d. Without further court order but subject to written consent of Plaintiff in its sole discretion, the Receiver is authorized and directed to sell the Property by any means including, without limitation, using any power of attorney granted to the Receiver by the Defendant to any buyer on any terms and conditions acceptable to Plaintiff in Plaintiffs sole discretion. 4 e. In addition, Defendant shall, upon entry of the Order, execute and deliver to the Receiver a power of attorney in recordable form, which Power of Attorney also grants the Receiver the right (in Defendant's name) to lease, market and/or sell (with or without Plaintiffs Loan ("Loan") in place) the Property, including the right to execute and deliver any and all necessary documents to consummate any lease or sale of the Property including, but not limited to, any leases, contracts, deeds and/or, if the Property is sold with the Loan in place to a party assuming the Loan on terms satisfactory to Plaintiff in its sole discretion, Loan modification documents. f. In connection with any sale of the Property by the Receiver in accordance with this Order, Plaintiff shall have the right, but not the obligation, in its sole discretion, to permit a purchaser of the Property to assume the Loan and to make any modifications to the Loan to which Plaintiff agrees (including, without limitation, the extension of the Loan maturity date, a change in the interest rate and a reduction of the outstanding principal balance of the Loan). g. Defendant shall be deemed to consent to any such sale of the Property by the Receiver and assumption and modification of the Loan in a manner determined by Plaintiff, in Plaintiffs sole discretion, and all without obtaining the consent or participation of Defendant in any manner and without further order of the Court. If the Loan is being assumed, any portion of the purchase price in excess of the Loan balance, after payment of all accrued and unpaid interest, late charges, all other expenses associated with the Loan and all other amounts due with respect to the Loan shall be used by Plaintiff in its sole discretion to create new reserves, add to the existing reserves for the Loan or to pay down the Loan. If the Loan is not being assumed, Plaintiff shall apply the proceeds from the sale of the Property, less Plaintiffs expenses in connection with the sale, to the payment of the Loan. To the extent that any such sale without an assumption of the Loan results in a full payoff of all amounts due under the Loan (including principal, contract rate interest, default interest, late charges, expenses and prepayment premiums) and there are excess proceeds, Plaintiff shall deliver such excess proceeds to Defendant. 5. The Receiver shall be paid out of the cash flows of the Property. The receiver's fees shall be as follows: a. 1% of gross revenues from the Property for receivership services. b. 3% of gross revenues from the Property for Management. 6. Receiver is authorized to retain independent legal counsel to represent the Receiver generally in the Receivership including, without limitation, in dealing with tenants, in reporting to and appearing before this court, and as necessary in dealing with the parties to the 5 action. Legal fees and costs incurred by the Receiver in performance of its duties shall be as expense of the Property. 7. All tenants or other persons, now or hereafter in possession of all or any part of the Property, shall pay to the Receiver or the Receiver's agent, all rents now due and unpaid and all rents as they become due. Defendant shall immediately pay to the Receiver or the Receiver's agent all rents and revenues of the Property for the period commencing on the date of this Order upon receiving them from any source. 8. The Receiver shall have the power to institute and prosecute all actions or proceedings necessary to recovery rent and is hereby authorized to receive or to recover possession of all or any part of the Property. The Receiver's compensation shall be as set forth in Paragraph 5 above and collected by the Receiver from the rents and profits of the Property. In the event that the rents and profits of the property are insufficient to pay these fees, Plaintiff shall pay the shortfall. The Receiver shall maintain accurate accounting and other records of its activities in connection herewith and shall file monthly reports with the Court. 9. Any and all persons in possession of or having control over any documents, leases or accounting records relating to the operation of the Property shall deliver them to the Receiver forthwith, and shall account for and pay over to the Receiver any funds in the person's possession, either in the form of rents, profits, or security deposits. Included within these records are copies, if any, of all leases, rent rolls, names of tenants, copies of service contracts and utility bills, any and all current or past operating statements of the Property and any other documents Property. 10. Receiver shall obtain, as a property expense, a bond in the amount of $1,000.00 securing its performance hereunder, in satisfaction of the requirements set forth in Pa. R.Civ. P. 1533(d). 11. Receiver shall be named as an additional insured party on existing liability and property damage insurance policies on the Property and if needed, is authorized to obtain customary insurance coverage for the property, as a property expense. 12. Receiver may apply to this Court by motion and upon notice to all parties for further or other authority as may be necessary in its performance of its duties. 13. The Defendant and its agents, employees or other representatives are hereby enjoined from interfering in any manner with the Receiver's or his designee's leasing, operation or management of the Property, and Defendant, its agents, employees or other representatives are enjoined and restrained from collecting any rents from any tenants of the Property and from interfering in any way with the Plaintiffs or Receiver's collection of such Rents. 14. The Receiver shall not be bound by all or any contracts, agreements, understandings or other commitments that Defendants had, have or may have with third parties, whether oral or written. The Receiver may, by an affirmative written ratification executed by the Receiver and Plaintiffs written approval, agree to become bound by any such contracts, agreements, understandings or other commitments or may agree to enter into any new or amended contracts, agreements, understandings or other commitments. Nothing in this Order 6 . . 1 r constitutes, or shall be construed to constitute, an assumption of any of the Leases or other contracts or agreements currently existing with respect to the Property by the Plaintiff or the Receiver or the waiver by the Plaintiff or the Receiver of any defaults under any such Leases contracts or agreements. 15. Plaintiff may terminate the Receivership authorized and created hereby at any time by filing with this Court, and serving upon the Defendant a written notice indicating the effective date of such termination. 16. Nothing herein shall be deemed to preclude Plaintiff from inquiring, in any discovery regarding Defendant or its agents, employees' or other representatives' operation of the Property, concerning the whereabouts of any and all accounts and documents, including but not limited to leases, rent rolls and books of account relating to the Property. 17. This Court retains jurisdiction to modify the terms of this Order and to expand or contract the rights, duties and obligations of the Receiver hereunder, and to enter such other orders as may from time to time, during the pendency of the receivership authorized and created hereby, be deemed necessary, just and proper. Dated: J C: D . 3 , 2010 By the Court: Co tEs rnC't t t?c? af3/?v 7 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Case Number: 10-488 Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL V.S. Defendant: SFN PA, LLC For: Timothy Palmer Buchanan Ingersoll Rooney PC 301 Grant Avenue 20th Floor Pittsburgh, PA 15219 Common Pleas Court o Fn- v' cn w Received by C & E LEGAL COURIER SERVICE, INC. on the 1st day of February, 2010 at 9:00 am to be served on SFN PA, LLC, 1985 CEDAR BRIDGE AVENUE, SUITE 1, LAKEWOOD, NJ. I, Steve Sachs, being duly sworn, depose and say that on the 1st day of February, 2010 at 12:20 pm, I: Served the within named corporation and/or company by delivering a true copy of the COMPLAINT AND PLAINTIFF'S FOR THE APPOINTMENT OF A RECEIVER with the date and hour of service endorsed thereon by me to BRUCHIE MINTZ as OFFICE MANAGER of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 2nd day of Febr ry, 010 by the ffia who is personally known to e. NOTARY PUBLIC ve Sach rocess S er C & E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 19125 (215) 739-7050 COMMONWEALTH OF PENNSYLVANIA Our Job Serial Number: 201100000,45 NOTARIAL SEAL CELESTE SOBEL, Notary Public City of Philadelphia, Phila. County My Commission Expires May 2, ht a 992-2001 Database Services, Inc. - Process Server's Toolbox V5.5f AMENDED AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Case Number: 10-488 Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL YS. Defendant: SFN PA, LLC For: Timothy Palmer Buchanan Ingersoll Rooney PC 301 Grant Avenue 20th Floor Pittsburgh, PA 15219 Common Pleas Court ~'} C.~ '...~J ~- --- + ~ ..~ ._ ._a ^.~. cry '~ ~ ~~ `j~ t. - r..; `~. --? ~,~- C ~. ~':y ; rn -- _~- c~ =~ Received by C & E LEGAL COURIER SERVICE, INC. on the 1st day of February, 2010 at 9:00 am to be served on SFN PA, LLC, 1985 CEDAR BRIDGE AVENUE, SUITE 1, LAKEWOOD, NJ. I, Steve Sachs, being duly sworn, depose and say that on the 1st day of February, 2010 at 12:20 pm, I: Served the within named corporation and/or company by delivering a true copy of the COMPLAINT AND PLAINTIFF'S EXPEDIATED PETITION FOR THE APPOINTMENT OF A RECEIVER with the date and hour of service endorsed thereon by me to BRUCHIE MINTZ as OFFICE MANAGER of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 17th day of Fe ary, 1 y o is personally known t me. '- NOTARY PUBLIC C 8 E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 19125 COMMONWEALTH Of" PENNSYLVANIA (215) 739-7050 -;-;; ~. Our Job Serial Number: 2010000045 NCTAr ~~~~ SEAL CELESTE SG.='-~ L, +votary Public City of Philadelphia, Phila. County M Commission Expires Ma 2, 2013 opyng 1992-2001 Database Services, Inc. -Process Servers Toolbox V5.5f r ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: N ..ti ~ Please enter a default judgment in favor of Plaintiff, Bank of America, N.A. successor by merger to Lasalle Bank, N.A., as Trustee for the Registered Holders of GMAC J ~~ __ 4 ' T Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 (the "Plaintiff), and against Defendant, SFN PA, LLC (the "Defendant"), for the Defendants failure to answer or to otherwise respond to the Complaint previously filed and served in connection with the above-captioned action and, in support hereof, Plaintiff represents as follows: 1. The Complaint was served upon the Defendant, SFN PA, LLC by personal service by C&E Legal Courier Service, Inc.. A true and correct copy of the affidavit of service is attached hereto and incorporated herein as Exhibit "A." 2. On March 26, 2009, Plaintiff served its Notice of Intention to Take Default (the "Notice") upon the Defendant. True and correct copies of the Notice, together with DOCKET NO.: 10-488 ~> c-n ~~ i+ 4`.~ r.~ 3 ~I ~. oo P Q A`-h/ G~~ l93a5 ~# a~ass8 I~fiee ~~ lec~ ~, the Certificate of Mailings relating thereto, is attached hereto as Exhibit "B." 3. As set forth more fully in the Notice, Defendant had ten (10) days from the date thereof within which to answer or otherwise respond to the Complaint. 4. On April 5, 2010, the ten (10) days set forth in the Notice expired. 5. As of the date of this Praecipe, no answer or other response to the Complaint has been filed in the within matter by the Defendant, SFN PA, LLC. 6. Accordingly, Plaintiff demands that: (i) judgment in mortgage foreclosure be entered by default in its favor and against Defendant, SFN PA, LLC; (ii) damages in the principal amount of $32,685,741.53 being the amount demanded in the Complaint together with interest accruing thereon at the rate of 12.67% per annum accruing after January 11, 2010 and until this arrearage is paid in full or otherwise satisfied, plus costs of suit, late charges and attorneys' fees; and (iii) the Property, as defined in the Complaint, be foreclosed upon and sold at Sheriffs Sale. Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC Dated: May 19, 2010 By: Hillear ~ D. Nguyen (P,: ~ . LD. 209430) Two Liberty Place 50 S. 16th St., Suite 3200 Philadelphia, PA 19102-2555 (2l5) 665-3870 (T) (215) 665-8760 (F) A' "ENDED AFFIDAVIT OF SER° 'CE Commonwealth of Pennsylvania County of Cumberland Case Number: 10-488 Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO L.ASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL vs. Defendant: SFN PA, LLC For: Timothy Palmer Buchanan Ingersoll Rooney PC 301 Grant Avenue 20th Floor Pittsburgh, PA 15219 Common Pleas Court ~. a .~ , _ ~-, r :~ ~: _ ;~> c_t. --, Received by C & E LEGAL COURIER SERVICE, INC. on the 1st day of February, 2010 at 9:00 am to be served on SFN PA, LLC, 1985 CEDAR BRIDGE AVENUE, SUITE 1, LAKEWOOD, NJ. I, Steve Sachs, being duly sworn, depose and say that on the 1st day of February, 2010 at 12:20 pm, I: Served the within named corporation and/or company by delivering a true copy of the COMPLAINT AND PLAINTIFF'S EXPEDIATED PETITION FOR THE APPOINTMENT OF A RECEIVER with the date and hour of service endorsed thereon by me to BRUCHIE MINTZ as OFFICE MANAGER of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action., and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 17th day of Febr ary, 22010 by tL~-affi'an#~~o is personally known t me. ' ~ _~ NOTARY PUBLIC C & E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 19125 (215) 739-7050 coi~~MOrawi=r-.!_T!-i Oi- °ENNSYLVANIA Our Job Serial Number: 2010000045 1'~!C P, : i!'.! EAL CELESTE S~~'~=L, ~~t~tary Public City of Phila~elf,'r+i4, PI-lila. County My Commission Erpi es May 2, 2013 opyright ©1992-2001 Database Services, Inc. -Process Servers Toolbox VS.5f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., . successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage ~ DOCKET NO.: 10-488 Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street ' Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. TO: SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, New York 10022 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 PHONE (717) 240-6200 $UCHANAN INGERSOLL ~ ROONEY PC t Date: March 26, 2010 By: ~`~~-~ '~ e~i~~, :-w ~ ~ }i ~~ '1 , ~'~~--..__------ Hilleary D. Nguye~ ~ G PA I.D. No. 209430 Two Liberty Place 50 South 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-8700 Attorneys for Plaintiff, Bank of America, N.A. CERTIFICATE OF SERVICE I, Hilleary D. Nguyen, Esquire, hereby certify that on or about this 26th day of March 2010, I served a true and correct copy of the foregoing Notice via First-Class, U.S. Mail, postage pre-paid upon the following: SFN PA, LLC c/o Victoria Kelly, Esquire The Lightstone Group 505 Park Avenue, 5th Floor New York, New York 10022 Hilleary D. Nguy ~ ~~ _ ~:~; ~iti~ '~'~~ •f~i: ~t . ~.,LGf rF t .. r1 ~~} ~ ~~~r ~ ~ ~~/ I z ~ ~~ I I I `~ ° a ~ / ® ~ d°r!'~~ ~ ~~ O e , N w C ~ V z ~ ~ , ~ ~r C ~ CJ in u. o a ~ z ~ ~ ~ ~ ~ !V w F-I- ~ L o .. 'F~-a ~ ~ Z ~ ~ ~ r z Vi . 7 4 N -~ w m P ~ ~ ~ ~ C a U > ~ ~ z o ~ a ~''" z, ~ ~ ~ ~ w In ~ ~ ~ ~ -o O o t(') F ~ Il ~K fn O W N O ~ N O d ~ W W^ ~ U o. ~ (n } O K ~ ~ ~a LL a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage DOCKET NO.: 10-488 Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Coip. 326 Third Street Lakewood, New Jersey 08701 Defendant. TO: SFN PA, LLC c/o David Lichtenstein 985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 PHONE (717) 240-6200 SUCHANAN INGERSOLL & ROONEY PC Date: March 26, 2010 By: ~ ~ ~ ~ ,~ ;I~,'1,~.. Hilleary D. Nguye PA I.D. No. 2094 Two Liberty Place 50 South 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-8700 Attorneys for Plaintiff, Bank of America, N.A. CERTIFICATE OF SERVICE I, Hilleary D. Nguyen, Esquire, hereby certify that on or about this 26th day of March 2010, I served a true and correct copy of the foregoing Notice via First-Class, U.S. Mail, postage pre-paid upon the following: SFN PA, LLC c/o David Lichtenstein 985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 Hilleary D. Nguyen ~ v ;C.J~L3I? tV ~i Q~ I '•'i ~}®~`~"~+; '°°°"* yam,,.',[ ~` Y.W.! ~~. t #rp I F :'S ~~ . .~.. f ~. E`). _ SSSYYYY ,,, "~~5_ /!~~ Z f4 . / ~ ~ o ~ f~ f t ~ .1^_, , +:; 8y J Q z s ., ~ C C W A - 6L ® ~ ~ J z+!... ` . _ Q rH _ } ~ Q V z ~ ~'' N O Z H W V d' K w ~ry} ~ Z t~il v a H ~ ,..~ z~ ~ z~~ S y U U w a (-~ c 3 W a. ~ W m C/1 Q s.. N ~ WU z E Q '~ C3 ~ N oZ o o ~ ~ o ~ G~ ~ O ° ~W ~ ~ ~, ,~ Q vi } o ~ o` ~a C LL a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. CERTIFICATE OF ADDRESSES 1, Hilleary D. Nguyen, Esquire, hereby certify that the address of Plaintiff, Bank of America, N.A. successor by merger to Lasalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2, Inc. is 135 South LaSalle Street, Chicago, Illinois 60674, and that to the best of my knowledge and belief the last known addresses for Defendant, SFN PA, LLC is 326 Third Street, Lakewood, NJ 08701. BUCHANAN INGERSOLL & ROONEY PC Dated: May 19, 2010 By: Hilleary-D. Ngu~n (P.A. I.D. 209430)/ Two Liberty Place 50 S. 16th St., Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3870 (T) (215) 665-8760 (F) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. TO: SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 NOTICE DOCKET NO.: 10-488 Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a Judgment by Default has been entered against you in the above proceeding. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Hilleary D. Nguyen, Esquire BUCI~ANAN INGERSOLL & ROONEY PC TWO LIBERTY PLACE 50 s. 16Tt[ ST., SuTtE 3200 PHILADELPHIA, PA 19102-2555 (2] 5) 665-3870 (T) (215) 665-8760 (r) Dated: ~~~/gyp A RY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. TO: SFN PA, LLC DOCKET NO.: 10-488 c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 NOTICE Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a Judgment by Default has been entered against you in the above proceeding. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Hilleary D. Nguyen, Esquire BUCHANAN INGERSOLL & ROONE;Y PC TWO LIBERTY PLACI. 50 s. 16rH s"r., sUTle 3200 PHILADELY}~IIA, PA 19102-2555 (215) 665-3870 (T) (215) 665-8760 (F) 1~ Dated: 5~d~~~0 J TARY AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 10-488 Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL vs. ~ a ~~ Defendant: `~ SFN PA, LLC ry _~ ~ ~ For: '' ~ t.~ a :~ . =~ ~~ BUCHANAN INGERSOLL & ROONEY PC _ ~~: .~ -~- ~~ 50 South 16th Street ~ ~ ~ ' ~. ` '' c~i rn Two Liberty Place 3200 v ca ` Philadelphia, PA 19103 ~ ~. c,,~ --c Received by C & E LEGAL COURIER SERVICE, INC. on the 25th day of May, 2010 at 12:33 pm to be served on MARYLAND INDUSTRIAL 2000 BUSINESS TRUST, 1985 CEDARBRIDGE AVENUE , LAKEWOOD, NJ. I, Daniel Patterson, being duly sworn, depose and say that on the 26th day of May, 2010 at 10:57 am, 1: Served the within named corporation and/or company by delivering a true copy of the NOTICE TO DEFEND AND PETITION TO FIX FAIR MARKET VALUE OF PROPERTIES LOCATED IN MULTIPLE PURSUANT TO Pa.C.S.A. 8103(f)(1) with the date and hour of service endorsed thereon by me to JOY DEVITA as EXECUTIVE ASSISTANT of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. r Daniel Patterson Subscribed and Sworn to before me on the 7th day of Process Server Jun 0 by the aff wh is p onally known to m C 8~ E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue. NOTARY NSYLVANIA Suite 303 Philadelphia PA 19125 NOTARIAL SEAL CELESTE SOBEL, Notary Public , (215) 739-7050 City of Philadelphia, Phila. County Our Job Serial Number: 2010000282 My Commission Expires May 2, 2013 Copyright ®1992-2001 Database Services, Inc. -Process Servers Toolbox V5.5f AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 10-488 County of Cumberland Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL Common Pleas Court vs. c ~ ~ Defendant: 'f7 4T {{ o ~ SFN PA, LLC . *'y'~' ~ ~ ;. R~-I ~ ~_ r For: `:';= ; ca > BUCHANAN INGERSOLL & ROONEY PC '~ `~_ ~ -~ 3~~~, 50 South 16th Street ? -- ~' ~ =~ ~ `~ ~ Two Liberty Place 3200 = ~ Philadelphia, PA 19103 ~ .1~ ~, -c Received by C & E LEGAL COURIER SERVICE, INC. on the 25th day of May, 2010 at 12:27 pm to be served on DAVID LICTENSTEIN, 1985 CEDARBRIDGE AVENUE, LAKEWOOD, NJ. I, Daniel Patterson, being duly sworn, depose and say that on the 26th day of May, 2010 at 10:57 am, I: Served DAVID LICTENSTEIN, a true copy of the NOTICE TO DEFEND AND PETITION TO FIX FAIR MARKET VALUE OF PROPERTIES LOCATED IN MULTIPLE PURSUANT TO Pa.C.S.A. 8103(f)(1) with the date and hour of service endorsed thereon by me to JOY DEVITA as EXECUTIVE ASSISTANT of the defendant's place of business. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 7th day of June, 2 y the affiant who i personally known to me. -~. NOTARY PUBL~~ MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CELESTE SOBEL, Notary Public City of Philadelphia, Phila. County My Commission Expires May 2, 2013 +~ Daniel Patterson Process Server C 8 E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 18125 (215) 739-7050 Our Job Serial Number: 2010000280 Copyright ®1992-2001 Database Services, Inc. -Process Servers Toolbox V5.5f AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 10-488 County of Cumberland Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL VS. Defendant: SFN PA, LLC For: BUCHANAN INGERSOLL & ROONEY PC 50 South 16th Street Two Liberty Place 3200 Philadelphia, PA 19103 Common Pleas Court t7 C. ~, ~~.- -~~ t~ .. cr ~ ~ ~~ ~% t t i ~- ~= ~ ~ -: t m -r , , .,~. ~. w _ .~ ' "~ 1' ~ ~'.. rC~ _,.. y ~ ~;, l . - - _ z , x ca ~ ~ ~ .. ~,~ Received by C 8~ E LEGAL COURIER SERVICE, INC. on the 25th day of May, 2010 at 12:32 pm to be served on SFN PA, LLC, 1985 CEDARBRIDGE AVENUE, LAKEWOOD, NJ. I, Daniel Patterson, being duly sworn, depose and say that on the 26th day of May, 2010 at 10:57 am, I: Served the within named corporation and/or company by delivering a true copy of the NOTICE TO DEFEND AND PETITION TO FIX FAIR MARKET VALUE OF PROPERTIES LOCATED IN MULTIPLE PURSUANT TO Pa.C.S.A. 8103(f)(1) with the date and hour of service endorsed thereon by me to JOY DEVITA as EXECUTIVE ASSISTANT of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 7th day of Jun 010 by the affiant who is personally known to NOTARY PUBLIC Daniel Patterson Process Server C ~ E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 19125 (215) 739-7050 COMMONWE_ ALTN OFpEN Our Job Serial Number: 2010000281 NOTgPIA EAL NSYLVANlA CELESTE gOBEL, Notary Public City of Philadelphia, Phila MY Commission Expires Ma C~nt ®, 2-2001 Database Services, Inc. -Process Server's Toolbox VS.Sf 2, 10- 488 guardian Receivership Services GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC HILLSIDE CORPORATE CENTER 1 5001 LOUISE DRIVE ~lUne MECHANICSBURG, PA ~-, ~~ c _~;-~ JUNE 2010 - ~ `` ~' --- ~ -f- - ._. , ~~ ~' MONTHLY REPORTING TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC 161 PennsyMania Avenue, Wayne, Pennsylvania 19067 P. 610.688.1130 F: 610.971.6556 www.guardianreceiver.com HILLSIDE CORPORATE CENTER -JUNE 2010 TABLE OF CONTENTS • EXECUTIVE SUMMARY • RENT ROLL • LEASING ACTIVITY • 2010 BUDGET • ACTUAL TO BUDGET COMPARISON • BUDGET VARIANCE ANALYSIS • CASH RECONCILIATION GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 2 HILLSIDE CORPORATE CENTER -JUNE 2010 EXECUTIVE SUMMARY In its capacity as court appointed receiver for SFN PA, LLC, Guardian Receivership Services, LLC (Guardian) presents the following report of monthly activity for Hillside Corporate Center for June, 2010. Rental income for the month of June was greater than budget due to Broadspire, KCI, & Travelers paying both June and July rent in June. Operating expenses were approximately 2% higher than budget due to timing differences between budget and actual and unbudgeted repairs. More detail about the budget variances is provided in the following report. Note that the Berkadia funding of initial receivership operations previously reflected on the Budget Comparison Report has been removed. It is only reflected on the Cash Summary Report. As referenced last month, Lightstone previously presented a reimbursement request related to payroll expenses incurred during the transition of management. To date, Lightstone has failed to respond to Guardian's comments regarding this request. As such, no further action has been taken. On the leasing front, Guardian and its listing broker, Professional Realty Advisors, have continued to pursue anear-term renewal for Travelers (expiring 8/31/10). Travelers has been issued a ~roposal which reflects a contraction of approximately half the existing space. The 4 Amendment to the KCI Lease has been fully executed. Further detail about leasing is provided later in this summary. Occupancy at Hillside Corporate Center remains at approximately 59%. Occupancy will decline due to the KCI contraction of 5,783 s.f. of office space on the first floor. The Cash Summary Report provided herein indicates a cash balance at June 30, 2010 of approximately $96,800. Due to the anticipated July payment of the $78,487 leasing commission on the KCI lease renewal, no funds are available for disbursement to the lender at June month-end. In connection with this renewal, Landlord is responsible for an $87,000 Tenant improvement allowance for new paint and carpet. This amount will be Tended starting in January 2011, as invoices for this work are received. GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 H 0 10AO nM ~ Q L 11 O D~ ~' ~ ^ ^ I~ OD 00 O~ ~ . -~ . -1 r -1 C e~ O ~ O ~ N O 1D~ ~ ^ N O -I O . 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N N p~ H H ryp N H b 1~ N$ H H~ R ^7 1°rR~ H O O P T ~: ~ ~ O 0 O~~~ 0 0 0~ O~ 1Y ~+ b N 1~ N of .m-1 8 O W ~~ MC ~ W •C o ~~ :~ ~ ~ ~~ ~~ ~ ~6 ~ ._ ~~~ a u .~ J QqQq N HQ S O O O G N e3I~ 8 ~I y~'~ O HIHIO 4 `'i R $IO e N O O O O G ~p 'y ~'i ~ ~ H~IO 8 N O O O O OO N IYIiS O ~ ~ OIR ~ ^ ~ H N N R ~ O n O MM ^ O ry^ ( N ^ T N 8 O O O S S N C yE r ^~ ~ G O O V Iff T ~ ~ ~ N N n T m b n ryO N p NN I pb M N W ~ ~ ~ g ~ ~~~ ~~~~ ~ ~ ~ Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Beginning G/L Balance Berkadia Funding Berkadia Distribution Total Tenant Receipts Total Disbursements Currrent Month June 54,202.44 0.00 (34,000.00) 114,538.95 (37,927.25) Receivership Inception to Date 0.00 79,819.71 (34,000.00) 244,452.24 (193,457.81) Ending G/L Balance 96,814.14 96,814.14 lb - Ll 88 (2;m t Term guardian Receivership Set-vices GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC HILLSIDE CORPORATE CENTER 5001 LOUISE DRIVE MECHANICSBURG, PA JULY 2010 MONTHLY REPORTING TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA N w w BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC - 161 Pennsylvania Avenue, Wayne, Pennsylvania 19087 P: 610.688.1130 F: 610.971.6556 www.guardianreceiver.com HILLSIDE CORPORATE CENTER - JULY 2010 TABLE OF CONTENTS • EXECUTIVE SUMMARY • RENT ROLL • LEASING ACTIVITY • ACTUAL TO BUDGET COMPARISON • BUDGET VARIANCE ANALYSIS • CASH RECONCILIATION GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 2 HILLSIDE CORPORATE CENTER - JULY 2010 EXECUTIVE SUMMARY In its capacity as court appointed receiver for SFN PA, LLC, Guardian Receivership Services, LLC (Guardian) presents the following report of monthly activity for Hillside Corporate Center for July, 2010. Rental income for the month of July was less than budget due to most July rents being received in June. Operating expenses were in line with budget with the exception of leasing commission of $78,487 paid in the KCI renewal in July. More detail about the budget variances is provided in the following report. As referenced last month, Lightstone previously presented a reimbursement request related to payroll expenses incurred during the transition of management. To date, Lightstone has failed to respond to Guardian's comments regarding this request. As such, no further action has been taken. On the leasing front, Guardian and its listing broker, Professional Realty Advisors, have continued to pursue a near-term renewal for Travelers (expiring 8/31/10). Guardian/PRA sent a renewal proposal May 5'", 2010. Travelers has not responded. Guardian/PRA assume they are vacating. Further detail about leasing is provided later in this summary. Occupancy at Hillside Corporate Center has decreased to 36% due to the KCI contraction of 5,783 s.f. of office space on the first floor. Some prospective interest has been expressed. Cushman & Wakefield is in the early stages of an office search for a 16,000sf tenant. Guardian/PRA sent a floor-plan and will follow-up on details of the prospect. The Cash Summary Report provided herein indicates a cash balance at July 31, 2010 of approximately $11,296 and Guardian recommends that a balance of $20,000 working capital be maintained. As such, $0 is available for distribution to the tender. GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 C LL O C0 O E1 ? d a ? lf) Cn 7 Qr Lr) 00 N Go r, r? O r O M 00 r\ r. y N M R O O O ° N N N 0 O O O ? L Q) Q) O u o O CD C ~ 47 O .-1 N i R O O O w E O O O LL O O O ti 7 LL C LL O d a Ln Lr) Lr) Lr) Ln r\ N r* N r rl 00 W Oi ON O O N V" %D O N r` N r` N M M V- d' Ln N Q) m M M - C0 tD d- O r. 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VI C OL 7 oo c ti LC 0 ff O O O O O --i A u 0 O N M r" I, O tc v M d Q M Q (4 a Y N co T d w a? m I- o OIOILn O O O O O O O N O O O N O O O rl% O O O h O h IO O OIO O CD CD CD CD o v N lf1 07 co co Ln Ln O co M N co Ln ti h h h O D 0 Ci C) o Di a, ON N N N lD O O 0 0 0 0 Vl l!1 LI'1 V) V) Ln O V) 0 0 0 0 h h h .--L Vl O V) O O O N h h Lri l O 1 O L!1 V1 Vl Vl N N Ln V) V) Ln O O OP OF V C U9 W f4 L to z W ` x W W a W ? W W Q/ W V1 W ?. a 4 > W a W z W > W O H W v H w- ar W w W U °c Z Z z w ? N F" v ? Li z ? n 0 ? a da cn F- ?" ? F- C7 N w ? W Q) LL c Q W L Z W Ln X Ld W I- O °cu m0¢ < W > z i? Ha a Qd N N Z Y C CL J r F- O al ? J h- z ° n y J ° 0F- N W v J O W LH O a_ O o o v ?CO f- 0 e ¢aLY O za.C70 ¢ W X001- ¢ H ¢ z - F F H O !- O F O z r z Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Currrent Month July-10 Beginning G/L Balance 96,814.14 Berkadia Funding 0.00 Berkadia Distribution 0.00 Total Receipts 20,054.30 Total Disbursements (105,572.05) Receivership Inception to Date 0.00 79,819.71 (34,000.00) 264, 506.54 (299,029.86) Ending G/L Balance 11,296.39 11,296.39 ID- 4 68 L'?vc?prM Guardian Receivership Services GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC HILLSIDE CORPORATE CENTER 5001 LOUISE DRIVE MECHANICSBURG, PA 4 -0 --•:7 -? r-` r N ?JO AUGUST 2010 -A CD 7D MONTHLY REPORTING TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC • 161 Pennsylvania Avenue, Wayne, Pennsylvania 19087 P: 610.688.1130 F. 610.971.6556 • www guardianreceiver.com HILLSIDE CORPORATE CENTER -AUGUST 2010 TABLE OF CONTENTS • EXECUTIVE SUMMARY • RENT ROLL • LEASING ACTIVITY • ACTUAL TO BUDGET COMPARISON • BUDGET VARIANCE ANALYSIS • CASH RECONCILIATION GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 2 HILLSIDE CORPORATE CENTER - AUGUST 2010 EXECUTIVE SUMMARY In its capacity as court appointed receiver for SFN PA, LLC, Guardian Receivership Services, LLC (Guardian) presents the following report of monthly activity for Hillside Corporate Center for August, 2010. Rental income for the month of August was $18,000 less than budget due adjustments related to the KCI lease. First, $9,000 is due to the KCI space contraction which occurred prior to their original expiration. Second, KCI was credited $9,000 for an overpayment of July rent. Operating expenses were under budget because Berkadia paid real estate taxes directly which had been budgeted to be paid out of the receivership in August. More detail about budget variances is provided in the following report. On the leasing front, Traveler's vacated the premises at August 31, upon the scheduled lease termination. Following the Traveler's vacancy, occupancy at Hillside Corporate Center now stands at 41%. No new interest has been identified. Further detail about leasing is provided later in this summary. A tax appeal is underway for this property and a hearing has been scheduled for September 27`h with the Cumberland County board of assessors. In connection with this appeal a new appraisal is being completed and the results are due shortly. The Cash Summary Report provided herein indicates a cash balance at August 31, 2010 of $21,330. As Guardian recommends a balance of $20,000 in working capital be maintained, there are no funds available for distribution to the lender. GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 H v rn m a O O O m Ln cn 1n in P. O 1n e,4 {f] O to rN n N h r It 00 T V .fir ? ^-t N co co ON 0) F? Go 00 Im Lr! V- Go rv O ?O O O O N? O? O V' tY 0j L q N W in w f V tV M vi f? O ppNpt p f tpD ?p7p ? Opp ? N M .Ni OqD?D ? O? M ,DW V? Yy +? .? co N c, r, m o N N N N O O Y r+ N M N M p- in H N M tY H c, C) c, CD C> 0 C) o CD 0 C? 11?? H~ N H H N H H H H H H q O N O \? O O O O ?j C O b W pg? b tee .`-? .\+ rn 4 0 0 0 0 0 0 .-+ .-+ .-r H H N M v to O ti N M ?-/ H r-4 N H ti H ?./ H N H H O O O O p 0 0 0 O O O N N O O ry N N N N N fV N (N N H H H N H r-1 N H H H ri ..a O O O O O O O O 4 0 0 0 O O O h h h !? h N f? N N p ?+ .-? -? 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J ?1 ?Qg J N aaB1170 0 0 ?3 r-c?JSO aa?aaw -`?s?ig3 o J? o q ?Q'fS $ ?Qj (Q?aoa?? ,?17$p(? ao b y°a1g? ? 4 VS N V1 t0 iD 1?0 G9 2 b b 10 IS S SS t0 11,19 1 1 1D 1 to b ? ?O W to 2 a eo 0 6 N r N AM V ?+L I O N d n 8 a c 4 4 4 4 ?$S$ G O G t ? po O O O QEb i p p p O O S C C .B e c 0 ° a a0? O $ tQ rr. E .4 .4 ? o f W .O ? < a a 2? Z M P OMD O $ Mi ? !h O O N b 8 S 0 O O, t!i tlppl N O O 00 ?O P .+ N pp gg W ? H O R o S NG G O O O S 0 ffi b 3 g 8 N N ? th0 .O P 7 pp p O O $ M rM 1, M O Q ? p ? ? p aD p S ? b y y O? M !*M1 S S $ O G O O M O M O PN'f O O` h C .i M M W IL !WL W VOV LtJ V w l$Q G? 'T' Fw C° W z `yr z r o ?? o z ? ?? ° 0 0 0 ? r r z z b b to M tt7 1!1 b b h h N %O lO b b b .O lO IQ lo .D .O ? a0 aD N 0 Ny W a Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Currrent Month Receivership Aug Inception to Date Beginning GIL Balance 11,296.39 0.00 Berkadia Funding 0.00 79,819.71 Berkadia Distribution 0.00 (34,000.00) Total Receipts 42,479.69 306,986.23 Total Disbursements (32,446.05) (331,475.91) Ending GIL Balance 21,330.03 21,330.03 IN THE COURT OF COMMON PLEAS OF CUMBERL BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 -10 Spp - i Phi 3: 43 0UMBE_ v - D COUNtY DOCKET NO.: 10- YLV A Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above captioned case. Amount due Interest from January 12, 2010 to December 8, 2010 0 Uq-co PD ATTY 9,1.00 caF 4.00 $ 32,685,741.53 I. 3Q .50 Pp AnY $ 3,500,566.63 (costs to be added) $ Total $ a.00 ow 4 5'o i.L Dated: August X, 2010 (AL ?6 _b Hilleary D. yen, Esquire 0* ih018 0dV Vogaq WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-488 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2, Plaintiff (s) From SFN PA, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $32,685.741.53 L.L.$.50 Interest from 1/12/10 to 12/8/10 -- $3,500,566.63 Atty's Comm % Atty Paid $132.50 Plaintiff Paid Date: 9/1/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs psi )Qzr David Buell, Protho to By: Deputy Name: HILLEARY D. NGUYEN, ESQUIRE Address: BUCHANAN INGERSOLL & ROONEY PC TWO LIBERTY PLACE 50 S 16TH STREET, SUITE 3200 PHILADELPHIA, PA 19102-2555 Attorney for: PLAINTIFF Telephone: 215-665-3941 Supreme Court ID No. 209430 A - -A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 0 Plaintiff, r s `' rn VS. C ?=? SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 I, Hilleary D. Nguyen, Esquire, attorney for Plaintiff in the above action, set forth as of the date of filing of the Praecipe for the Writ of Execution the following information concerning the real property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Tax Parcel No. 13-10-0256-016, which description of said property is attached hereto and marked Exhibit "A": 1. Name and address of Owners or Reputed Owners: SFN PA, LLC c/o David Lichtenstein 1985 .Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 2. Name and address of Defendants in the judgment: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SIN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 Name and address of every judgment creditor whose judgment may be a record lien on the property to be sold: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 4 Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Name and address of every other person who may have any record lien on the property: 6. Name and address of every other person who has any record interest in the property or may have any interest in the property which may be affected by the sale: PA Department of Revenue 300 Liberty Avenue Room 104 State Off. Bldg Pittsburgh, PA 15222-1210 Cumberland County Tax Collector Attn: Bonnie Miller 2233 Gettisburg Road Camphill, PA 17011 Lower Allen Township 2233 Gettisburg Road Camphill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Commonwealth of Pennsylvania Office of Financial Enforcement Section of the Attorney General's Office Strawberry Square, 15th fl. Harrisburg, PA 17120 Internal Revenue Service Federated Investors Tower 12th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Maryland Industrial 2000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: August X, 2010 r Hilleary D. Nguyen?,Esquire ?--- Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff Sworn to before me this ,709 day of August, 2010 C NOTARY PUBLIC COIF( NWZALTM OF rlNl!i MVAMA M)Tr RK SM MAR AM M. BASTM, No4" Pubk Ciy of R Mdelp ", Pik, Courdy Cwwkvion 15.202 EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an are of a curve curving to the left having a radius of 1780.14 feet, an are length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. DOCKET NO.: 10-488 0 & q • tom,. ti:.l -? ?- ' j ) z NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY TO: SFN PA, LLC Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On December 8, 2010 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-016 described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court and defense or objection you might have within twenty (20) days after service of the Complaint of Mortgage Foreclosure and Notice of Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service of demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE FO DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Dated: August 3?, 2010 Hilleary D. NgUyen, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an are length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 ~ to -~1~5 G uardian Receivership Services ,; '~ GUARDIAN RECEIVERSHIP SERVICES, LLC ~; A1~5 COURT APPOINTED RECEIVER FOR SFN PA, LLC HILLSIDE CORPORATE CENTER 5001 LOUISE DRIVE MECHANICSBURG, PA ~ ~ N ~.~-, ~~ _~ ~~ ~ ~~ ~ ~ ~ ..~ r- SEPTEMBER 2010 3 ~~ o ~ ~ = N - ~ ~~. MONTHLY REPORTING ~` ~ ``' TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC MERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC 161 Pennsylvania Avenue, Wayne, Pennsylvania 19087 P: 610.668.)130 F: 610.971.6556 www.guardianreceiver.com 'HILLSIDE CORPORATE CENTER -SEPTEMBER 2010 TABLE OF CONTENTS EXECUTIVE SUMMARY ~ RENT ROLL i I LEASING ACTIVITY •- ACTUAL TO BUDGET COMPARISON •I BUDGET VARIANCE ANALYSIS CASH RECONCILIATION GUA~IAN RECEIVERSHIP SERVICES, LLC AS C URT APPOINTED RECEIVER FOR SFN PA, LLC Page 2 j HILLSIDE CORPORATE CENTER -SEPTEMBER 2010 its capacity as court appointed receiver for SFN PA, LLC, Guardian Receivership rvices, LLC (Guardian) presents the following report of monthly activity for llside Corporate Center for September, 2010. tal income for the month of September was $21,000 less than budget due to the lease contraction and the termination of the Travelers lease. Though KCI is not onsible for real estate tax reimbursement under its new lease, it will be paying its share of electric usage. Operating expenses were $8,000 less than budget though ~y repair and maintenance expense payments were doubled up in the month. More .il about specific budget variances is provided in the following report. the leasing front, Traveler's vacated the premises at August 31, upon the ~duled lease termination. Following the Traveler's vacancy, occupancy at Hillside porate Center now stands at 41 %. Professional Realty Advisors has provided liminary information in connection with a prospective 16,000 SF user represented Cushman and Wakefield. Further detail about leasing is provided later in this tax appeal is underway for this property and a hearing occurred on September 27`" th the Cumberland County board of assessors. In connection with this effort, the ~perty was recently appraised at a value of $5,300,000. A decision was recently ~dered to reduce the assessment from $7,500,000 to $5,900,000 or approximately %. The tax consultant recommends appealing this decision and negotiating with solicitor for an additional reduction of no less than $300,000. This effort will not pair the current reduction or add any further costs to the appeal. The results of the peal should be known by mid-November. e Cash Summary Report provided herein indicates a cash balance at September 30, 10 of $23,437. As Guardian recommends a balance of $20,000 in working capital maintained, there are no funds available this month for distribution to the lender. GUA~~IAN RECEIVERSHIP SERVICES, LLC AS C RT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 .~ a ~~ ~°n°o~ }t ~ ~ r. 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I' ~~ ~ NW N ~~i4 Z 8~0 O O C C 8 $ f $, 8 0 0 0 0 8 8~g g 00o a b b Q O d O O O 6 7 N N N ~ ~ s a e M a H s o ' N 'N ' N a F I ~ yWt/ ~ ~ ~ W ~ 'I~ ~~ ~~ ~ ~S ~ ~ ~ IIZ ',~ ~ ~ ~ ~ o I ~ ~~~ ~~~~~ ~ ~ s j gs ~~~~ ~~~ ~ ~ ~ o ~, ~yQ~j ~yjj Np ~ m ~ ~ ~O ~O ~O ~ ~ ~ ~ 1D ~ OND N O N W a LO'L£b'£Z LO'L£b'£Z aoue~eg ~/~ 6uipu3 (86'9Z8~^~ (LZ'6b£'ti£~~ s;uauaasangsip {eiol b9'Zbb'£b£ L£'9Sb'9£ s;diaoaa ~eio,~ (00"000'b£) 00'0 uoi;nqu;sia eipe~~a8 !L'6!8'6L 00'0 Bu~pun~ eipe~aag 00"0 £0"0££'!Z aoueleg ~/~ Bwuui6ag a;eQ o; uoi; aou ~ - ;~-~ diys~aniaoaa y;uow ;ua~~m~ ~Leuuu~ng yse~ apyslllH X11 b-d NdS ,~o~ ~an~saaa saainaaS diysaanlaaab uelpaan~ 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, ~"? r,,,> >~~ • `i3 -~~• r"t'1 t~1 c~ t"~ --i ~ SFN PA LLC ..~<~ ~J ~~ ....~ t'- , c/o ASC Corp. ; ~.~ ~ ~ ~, 326 Third Street ~ -~c±: Y ~" "`"~' ~ Lakewood, New Jersey 08701 ~~ ~' ~:~~ ~ '~° ~ Defendant. '`~' ~~ AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, Hilleary D. Nguyen, Esquire, attorney for Plaintiff in the above action, set forth as of the date of filing of the Praecipe for the Writ of Execution the following information concerning the real property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Tax Parcel No. 13-10-0256-016, which description of said property is attached hereto and marked Exhibit "A": 1. Name and address of Owners or Reputed Owners: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 2. Name and address of Defendants in the judgment: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 3. Name and address of every judgment creditor whose judgment may be a record lien on the property to be sold: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 4 Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 5. Name and address of every other person who may have any record lien on the property: 6. Name and address of every other person who has any record interest in the property or may have any interest in the property which may be affected by the sale: PA Department of Revenue 300 Liberty Avenue Room 104 State Off. Bldg Pittsburgh, PA 15222-1210 Cumberland County Tax Collector Attn: Bonnie Miller 2233 Gettisburg Road Camphill, PA 17011 Lower Allen Township 2233 Gettisburg Road Camphill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Commonwealth of Pennsylvania Office of Financial Enforcement Section of the Attorney General's Office Strawberry Square, 15th fl. Han: isburg, PA 17120 Internal Revenue Service Federated Investors Tower 12th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Maryland Industria12000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 Guardian Receivership Services 161 Pennsylvania Avenue Wayne, PA 19087 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: October 26, 2010 1 Hilleary D. Ng e , squire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaint S orn to before me this o7~i~day of October, 2010 NOTARY PUBLIC CCMAMONwE11L'tH OF PEN Y4WJINIA NOTARIAL SEAL MARGARET M. BASTIAN, Nof~r Putalic City of Philadelphia, PMla. County Commission Ex~res J~u 15, 2012 EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17,1989, revised March 24,1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2,1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of--way line of "Louise Drive" (a 60 foot right-of--way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of--way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of--way line of "Louise Drive"; thence along the Southern right-of--way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 i guardian lieceivershipServices GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC ,:* 10-4?'? HILLSIDE CORPORATE CENTER y° `- --? 5001 LOUISE DRIVE ?*? -; t , . . ' 'F _T MECHANICSBURG, PA ? J =Uc ._ . - 4C. « .C_s Fi W OCTOBER 2010 MONTHLY REPORTING TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC • 161 Pennsylvania Avenue, Wayne, Pennsylvania 19087 P: 610.688.1130 F: 610.971.6556 www.guardianreceiver.corn HILLSIDE CORPORATE CENTER -- OCTOBER 2010 TABLE OF CONTENTS • EXECUTIVE SUMMARY • RENT ROL], • LEASING ACTIVITY • ACTUAL TO BUDGET COMPARISON • BUDGET VARIANCE ANALYSIS • CASH RECONCILIATION GUARDIAN RECEIVERSHIP SERVICES, LLC AS COIRT APPOINTED RECEIVER FOR SFN PA. LLC Page 2 HILLSIDE CORPORATE CENTER -- OCTOBER 2010 EXECUTIVE SUMMARY In its capacity as court appointed receiver for SFN PA, LLC. Guardian Receivership Services, LLC (Guardian) presents the following report of monthly activity for hillside Corporate Center for October. 2010. Rental income in October represented the KCI payment. Broadspire's October rent was received in September. Operating expenses were significantly under budget as many of the contracted scrvices were not paid until November. More detail about budget variances is provided in the following report. On the leasing front, Guardian and its leasing broker., Professional Realty Advisors. has continued to pursue prospective new activity. During this reporting period, three new prospects were identified and initial inquiries were responded to. Initial discussions arc advancing. More detail about this effort is included in the enclosed leasing update. The tax appeal effort for Hillside has resulted in a successful reduction ill tile assessment. The prior market value used by the assessor of $7.5 million, has been reduced to $5.6 million, resulting in an annual tax savings of $20,584. The tax consultant believes there is an opportunity to reduce the assessment further and has recommended that the initial steps of appeal be pursued. The result of this appeal will not negatively impact the current decision, nor will it add any further costs. The outcome of the appeal should be known within the next month. The Cash Summary Report provided herein indicates a cash balance at October 31, 2010 of $20.423.20. As Guardian recommends a balance of $20,000 in working capital be maintained, there are no funds will be distributed to the lender. GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 .? C> v o Q N 6 d N !i. y O'A C n N LO U) Ln n N n h M C. : v O 4 i 0' Q n r- r, ° CO rn rn . N CO m o, O N ? Y ?D 0 0 0 fV V' to N n tY O N O N O U1 O y = am v: R y co r-4 Op N n N M M II?r m O+ O kD O a N LA C? m H 00 OD %a C) ?I co "0 V' M Q; M 00 V' u M 00 O r M O r' ? 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O C 01 ri o Q o z o1 a o ° V c a Lq : O S O t? 10 N D h M 0 O 1+l 1 +1 M M M O M M 1+ 1 (` '1 O v N W M M M ap M M M 8 n aNC m W D vi ti rh n P O O O N M M t!1 uj Ln zw In X 1^ w m w i w z w w YI > c H a Z > O c E ? cn E z ?+ ,L w ? c.? ° v F "? ? a1 'L c u ? c7 C7 ?j d to uw- m E wt? ¢¢z m Z z CD Z N a m j Y ?i wX 1- F- m n v ? z o1 t¢ w o? z? F Fa- a a x a c ro w a g+aZi --' aa' $' v cn w O a v ?? ¢ u K gg c a w m L a ? a` 1? H O a` O Z s l°17 O s O O p 0- - F2 C14 0 O N N QI 10 CL N fV N M (T O O O O O rT O O O 0 0 0 0 0 0 0 Ci ? G1 O O [7 O O 0 0 6 a6 S M 7 Q1 d1 s1p M, N N N N ??pp O, _ tC `D lD D %D 1D 1D ko 1D 1D tD ID 1A 1D ID lo r\ <O oo Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Beginning G/L. Balance Berkadia Funding Berkadia Distribution Total Receipts Total Disbursements Currrent Month 0.00 0.00 22,941.87 (25, 955.74) Ending G/L Balance 20,423.20 Receivership Inception to Date 0.00 79,819.71 (34,000.00) 366,384.41 (391,780.92) 20,423.20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. AFFIDAVIT OF SERVICE REGARDING NOTICE OF SHERIFF'S SALE PURSUANT TO PA.R.Civ.P. 3129.2(c) C) CD .., I, Hilleary D. Nguyen, Esquire, attorney for the Plaintiff in the within matter, hereby certify as follows: 1. On October 26, 2010, the Notice of Sheriff s Sale (the "Notice"), a true and correct copy of which is attached hereto as Exhibit "A", was served via certified mail, return receipt requested upon SFN PA, LLC c/o David Lichtenstein pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "B" is the certified mail receipt. 2. On October 26, 2010, the Notice was served upon SFN PA, LLC David Lichtenstein via personal service by C & E Legal Services pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "C" is the Affidavit of Service. 3. On October 26, 2010, Notice was served via certified mail, return receipt requested upon SFN PA, LLC c/o Maryland Industrial 2000 Business Trust pursuant to : DOCKET NO.: 10-488 Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "D" is the certified mail receipt. I . I 4. On October 26, 2010, the Notice was served upon SFN PA, LLC Maryland Industrial 2000 Business Trust via personal service by C & E Legal Services pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "E" is the Affidavit of Service. On October 26, 2010, Notice was served via certified mail, return receipt requested upon SFN PA, LLC c/o Victoria Kelly pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "D" is the certified mail receipt. 6. On October 27, 2010, the Notice was served upon SFN PA, LLC c/o Victoria Kelly via personal service by C & E Legal Services pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "F" is the Affidavit of Service. 7. On October 26, 2010, I caused a true and correct copy of the Notice to be served via United States Mail, First Class Delivery, postage prepaid, upon all persons appearing on Plaintiffs Affidavit Pursuant to Pa.R.Civ.P. No. 3129.1 in accordance with Pa.R.Civ.P. No. 3129.2(c)(iii) of which is attached hereto as Exhibit "G". Attached as Exhibit "H" are the original Certificates of Mailing, evidencing the transmission of the Notice to those lien holders and parties-in-interest set forth in the Affidavit. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Dated: December 2, 2010 BUCHANAN INGERSOLL & ROONEY PC r By. Hilleary D. Nguy Telephone: (215) 665-8700 Facsimile: (215) 665-8760 Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 Sworn to and subscribed before me this 2nd day of December 2010. , No Public COMMONWEALTH OF pENNSYLVANIA Notem Seal paWds A. Gaa phpNotW Public edsiphia County City of philadslP Msmh r20 200 NaRorNs MY Aaso n of Member, PennaYNaMa A - JT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY TO: SFN PA, LLC Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On December 8, 2010 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-016 described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff s Sale by filing before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court and defense or objection you might have within twenty (20) days after service of the Complaint of Mortgage Foreclosure and Notice of Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to petition the Court to stay or delay the execution and the -Sheriffs Sale if you can show a defect in the Writ of Execution of service of demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE FO DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Dated: August 3\, 2010 ?_d Hilleary D. Nru} en, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 ? ??;-? Ln 0 tr cc Postage $ I ?S- -- Ln A r-i Certified Fee N M PPP PostnIark Return Receipt Fee Here cC) (Endorsement Required) ?• 3v O Restricted Delivery Fee ; i la O (Endorsement Required) C3 et, SFN PA, LLC c/o David Lichtenstein ----------------- 0 1985 Cedar Bridge Avenue, Suite 1 ° Lakewood, NJ 08701 • Oea08M iterns 1, 2, and 3. Also complete Um 4 if Restricted DdWary Is desired. ¦ irhlirtt your name and address on the reverse so limit we can return the card to you. • AAYtch this card to the tack of the mailpiece, or an the front If space permits. 1. /IrYcle Adidmesed to: C.? Ali OdW1 ih.?ln7^f "D 2. *A*49 Number mem "O FS Farr 3811, Fibnmp M4 b deNvery address d rM"lt from I u "M If YES, eater "tmy address 0 No 3. lype CPdwffgsd Mdl 0 Mail 0 Peppered Retwn Receipt for Mero WKUO 0 Insured Md 0 C.O.D. 4. Restricted DeNwyl (Extra Fee) 0 Yes teeers?+?tew co 'oe / AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 10-488 County of Cumberland Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL vs. Defendant: SFN PA, LLC For: Hilleary Nguyen BUCHANAN INGERSOLL & ROONEY PC 50 S. 16th Street Suite 3200 Philadelphia, PA 19102-2555 Common Pleas Court Received by C & E LEGAL COURIER SERVICE, INC. on the 26th day of October, 2010 at 2:00 pm to be served on SFN PA, LLC., C/O DAVID LICHTENSTEIN, 1985 CEDAR BRIDGE AVENUE, SUITE 1, LAKEWOOD, NJ 08701. I, Jeff Bergman, being duly sworn, depose and say that on the 27th day of October, 2010 at 12:41 pm, I: Served SFN PA, LLC., C/O DAVID LICHTENSTEIN by delivering a true copy of the NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY with the date and hour of service endorsed thereon by me to ADRIANA PETERS as LEGAL COUNSEL of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 2nd day of November, 2010 by the affiant who is personally known to NOTARY PUBLIC -om' MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CELESTE SOBEL, Notary Public ! City of Philadelphia, Phil a. County My Commission Expires Ma 2, 2013 B man Proc Server C & E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 19125 (215) 739-7050 Our Job Serial Number: 2010000542 Copyright ®1992-2001 Database Services, Inc. - Process Server's Toolbox V5.5f ?? ?'?'? // ti Q- Cr to Ln 1-4 M 60 rv O O Postage $ Certified Fee Retur n Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 0 C C3 Mary 0 0 C r- 0....% Tntal PnF.- I 4. r O Postmark Here p c &t land Industrial 2000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 ¦ Complete items 1, 2, and 3. Also complete Nem 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. f. Ardde Addressed tD: Ali 0 f701 .I"Z33-7 2. AAole l1we ibex ( astr*014MWOW 7 Pia Farr 3811, Fe mwy nix ------------------ ------------------- Agent 13.18aelwery,"drew dnMreirt from item f p yee If YES, enter delivery address below: I ? No 3. SWIPWTAW Cl,tmmw man ? Registered ? and W?AtUm Receipt for Merdwifte ? inwed mop ? C.O.D. bq ? Yes 4. RalMicledd D~ pDftFF (4 P. " 361p ,/ 16?00-4 770-1 102ee640#F1e40 ?3?. AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 10-488 County of Cumberland Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL vs. Defendant: SFN PA, LLC For: Hilleary Nguyen BUCHANAN INGERSOLL & ROONEY PC 50 S. 16th Street Suite 3200 Philadelphia, PA 19102-2555 Common Pleas Court Received by C & E LEGAL COURIER SERVICE, INC. on the 26th day of October, 2010 at 2:00 pm to be served on MARYLAND INDUSTRIAL 2000 BUSINESS TRUST, 1985 CEDAR BRIDGE AVENUE, SUITE 1, LAKEWOOD, NJ 08701. I, Jeff Bergman, being duly sworn, depose and say that on the 27th day of October, 2010 at 12:41 pm, I: Served MARYLAND INDUSTRIAL 2000 BUSINESS TRUST by delivering a true copy of the NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY with the date and hour of service endorsed thereon by me to ADRIANA PETERS as LEGAL COUNSEL of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 2nd day of November, 2010 by the affiant who is personally known NOTARY Pt ONWEgI,TH OF PENNSYLVANIA NOTARIAL SEAL I CELESTE SOBEL, Notary Public f City of Philadelphia, Phila. County My Commission Expires May 2, 2013 )JPc gman s Server C & E LEGAL COURIER SERVICE, INC. 1341 N. Delaware Avenue Suite 303 Philadelphia, PA 19125 (215) 739-7050 Our Job Serial Number: 2010000543 Copyright* 1992-2001 Database Services, Inc. - Process Server's Toolbox V5.5f Ir. "-,040ov ti Er ?q $ , as- ep Postage r tJl "ll Certified Fee m h P ? Return Receipt Fee ? -0 (Endorsement Required) O ru r3 Restricted Delivery Fee r3 (Endorsement Required) C3 r„ral Postaae & Fees Zb C3 SFN PA, LLC c/o Victoria Kelly --------------- o The Lightstone Group ----------------- 0 505 Park Avenue, 5th Floor r- New York, NY 10022 ¦ Comilete items 1, 2, and 3. Also complete Iesm 4 If Restricted D**wy Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ AM & this card to the back of the maiipiece, or on the front if space permits. 1. ArIdde ' 7 67-4 145? /VV /a, ZZ 55LJ3-? a 87 13 Agent X D Addre I by ( ) C. Date Del S=aj C. , I ? D. is delivery endless dlrretant from Item ? 11 *468 if YES, enter delivery address below: ? No 3. Sapbe IWW Iff Cased MeN Opo°ss Mail D RpMaW ES Return Receipt for ~andho ? Inmeed Mail D C.O.D. 4. Rpetrs'icteW DeBvery? (Extra Fee) D Yes PS Form 3611, Fdmm y 2004 Domeewc Rown !beep 10e0ee4e-WI$40 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 10-488 Plaintiff: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC, ET AL vs. Defendant: SFN PA, LLC For: Hilleary Nguyen BUCHANAN INGERSOLL & ROONEY PC 50 S. 16th Street Suite 3200 Philadelphia, PA 19102-2555 Received by C & E LEGAL COURIER SERVICE, INC. on the 27th day of October, 2010 at 2:00 pm to be served on SFN, PA, LLC., C/O VICTORIA KELLY, THE LIGHTHOUSE GROUP, 505 PARK AVENUE, 5TH FLOOR, NEW YORK, NY 10022. I, Jeff Bergman, being duly sworn, depose and say that on the 28th day of October, 2010 at 10:20 am, I: Served SFN, PA, LLC., C/O VICTORIA KELLY by delivering a true copy of the NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY with the date and hour of service endorsed thereon by me to VICTORIA KELLY as AGENT IN CHARGE of the within named corporation and/or company, in compliance with State Statutes. I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Subscribed and Sworn to before me on the 2nd day of =COURIER r N mber, 2010 by the affiant who is personally known t m SERVICE, INC. 1341 N. Delaware Avenue NOTARY PUBLIC Suite 303 Philadelphia, PA 19125 COMMO!v ^ r , _ (215) 739-7050 - "`rSYLVANfA Our Job Serial Number: 2010000544 M Comr?;rs v, P y 2013 992-2101 Database Services, Inc. - Process Server's Toolbox V5.5f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., : successor by merger to LASALLE BANK, ; N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 : Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. TO: ALL PARTIES, INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SFN PA, LLC PROPERTY: 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County PA Improvements: All land and buildings TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Cominon Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On December 8, 2010 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-016 described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against the property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Dated: August 2010 Hilleary D. Nguyen, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an are of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 O I I I I i I I 1 3 ?? W 3= < -I 2 O (7 z i o C n P °-?Z ? ?CrJp ?i=D o ?a C N ta- D m In > m c o ? ? m - A? O W cD v? o c : ? io •_i 0 EF - , c .0 ,J . 9 O m N m ? x cn co es CD CD ?--.. 0 tC O ?+J U7 N 90 CJl p O O CD b CD Z p L £ 0 L 6 L 3000 dIZ quG;Tw OLOZ 9z 100 q?Z'#Q 0%3o $ 53N109 A3Nlld Ammml? As ' J. • *11d o co o l l l l I I I 4=oW n Z C, > °i Z C C° Q( (D C) ? D Z 5 z D m - -P- cr 10 b CA C tcn 8 C_ ? > CD m N m O o oN v, CD y O aCil l N po c n O o o N CD -0 z N N Gd CD ovate J` _ ^m !.jJr r t v ?' £ 0 L6 L 3000dIZ WOS=l Cr:PI. W OLOz 9z100 99L8bzb000 0030 $ AL zo 53AA09 A3Nlld ® c ??? Ala 0 O 0 0 3 01 O (D . ? c > w d C 0, > ? C CD J . N C) A CD C C CD 3 -D1= oC Z Cn n nrm°Z v y 0) Z v D m Z 7u 1 m c C° cn Z1 ?N W r cnNSp O £ 0 L6 L 3000diZ WON3 IY.V4 OLOz 9z100 89L8tzt o 30 $ hl zo S3M09 A341ld C 5 SWS30 :? 11 fn ? 13 on T' I I r i? ? ?? ?a e I I I? cj, m m ?.?y I2C as V p'.r 11.?'?+ r p? 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Cn C l >?d °0 ?0 0 to a A? h Lr C) Q C),..., C 1 m £OL6L 3000 d, HJelldW OLOZ 9Z O 89.1$4FZb400 Q C 53µ0H A3Nlid ®_ Neod ? (A ' I fig aC? x D OC1l W '_ Ir th o , s 1, r B H !n C7 D Z 1 P V9 64 e o All 2 z a v z . ?°•;a G XD?m s5? m o J a o ? C) c S; m . y r = 0 m ? Nm r c) he Y u'S ? A H n ° a O` te; W E ;L N R .'s o N. ?'?•? t C? 3 0 L6 L 3003d1$,WO2J? I )LOZ 92130 ,R9,?B bZb00I- 09 V W $ NrL z o S3ANOH A3Nlld AMMMMMM? " dSO UNITEDSTATES Certificate Of LSERV?CE. Malting TM1 Qrlllkale of MaBln WwWn Md?`n IbW map !%b-- V---W W USPSG rw -14 - BUCHANAN INGERSOLL & ROONE C • •' - 50 S. 16TH STREET, SUITE 3200 - PHILADELPHIA PA 19102-2555 ?> °• ' N uNrrgq a+ s9 _ ATTN: PATRICIA KREUSSER t A ;? *, Guardian Receivers 1 61 Pennsylvania Avenue M, Wayne, PA 19087 40 9 PS Form 3817, April 2007 PSN 7530-02-000-0065 m j 0 Lo o O 410- q?? It guardian Receivership Services GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC HILLSIDE CORPORATE CENTER 5001 LOUISE DRIVE MECHANICSBURG, PA rT' Fri Gc) NOVEMBER 2010 MONTHLY REPORTING TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC • 161 Pennsylvania Avenue, Wayne, Pennsylvania 19087 P: 610.688.1130 F: 610.971.6556 • www.guardianreceiver.com HILLSIDE CORPORATE CENTER - NOVEMBER 2010 TABLE OF CONTENTS • EXECUTIVE SUMMARY • RENT ROLL • LEASING ACTIVITY • ACTUAL TO BUDGET COMPARISON • ANALYSIS OF BUDGET VARAINCES • CASH RECONCILIATION GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 2 HILLSIDE CORPORATE CENTER - NOVEMBER 2010 EXECUTIVE SUMMARY In its capacity as court appointed receiver for SFN PA, LLC, Guardian Receivership Services, LLC (Guardian) presents the following report of monthly activity for Hillside Corporate Center for November, 2010. On a cash basis, rental income in November was greater than budget as two months of Broadspire rent was received and the December rent from Ajilon was received in advance. November income figures reflect the rent concession granted to Ajilon for the month of November. The credit in real estate tax income was due Ajilon for an overpayment they made in October. The utility reimbursement income is Ajilon's pro rata share under their lease which was not budgeted. Operating expenses were significantly below budget. See the Budget Variance Analysis for line item detail. On the leasing front, Guardian and its leasing broker, Professional Realty Advisors, have continued to pursue prospective new activity. More detail about this effort is included in the enclosed leasing update. With respect to the ongoing tax appeal effort, we are still waiting on a response from the municipality regarding the proposed assessment settlement. The Cash Summary Report provided herein indicates a cash balance at November 30, 2010 of $55,817 and $48,179 at December 15, 2010. As Guardian recommends a balance of $20,000 in working capital be maintained, $28,000 will be distributed to the lender. GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 L tU a+ G u d Q L u N N J !'t 8 Ln 0 a to L t: L v Z 2 c O Q 3 ? c 0 `° 4° a 0 o a m c 3 c m a f° a o m a a 6. 0 o 0 c 3 a c ° +' o N O c v H J R f0 41 a a a a - o a $ a W n -3-°s ?o v ._ v 0 'O a v i O amp 0 AA m =.., ?n X m 41 m t 4-- c m ?i- 'A (A __ O O c• C 00 o .° 4- L O m f. O m a N 41 a ? 1- 'a ? ?` ? C C V Val O m u W ID° W 0 m m a Z • i r Y Y m a +' m ' O 4a O = ?' E a a m E fl , c 3 m C u a C v v c L a Z y Z w 11 4- M kA > a > a u 0 `*- Y a L- O 00 Y ? ms E map -i c 3-4 LA m'0 '0 a a -' u c ami o CZ m ? > ° +r ,oo t m° E s y E Cq (U o r- 1 a M t Y o 3 m Q Q m M 4 £ m f- 4, E m U vai U, r•i ?..? 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CS Or Z l7 0 a O F O Z Z 00 O a 0Op rO?t T 8 ?+i O+ pp?f a ?8b ?O bbd ?O P 00 ONO Ky w a Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Currrent Month Receivership Nov Inception to Date Beginning G/L Balance 20,423.20 0.00 Berkadia Funding 0.00 79,819.71 Berkadia Distribution 0.00 (34,000.00) Total Receipts 56,010.01 422,394.42 Total Disbursements (20,616.18) (412,397.10) Ending G/L Balance 55,817.03 55,817.03 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ° FiLEO OF i 7 Sheriff - Tf4~ - -? Jody S Smith r Chief Deputy f F;,_.n 22 A.: r. y'?yl r , ., a .r Richard W Stewart Solicitor Bank of America, NA Case Number vs. SFN PA, LLC 2010-488 SHERIFF'S RETURN OF SERVICE 10/14/2010 11:28 AM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1125 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of SFN PA, LLC, located at, 5001 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10118/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: SFN PA, LLC, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, SFN PA, LLC, is not located at: 5001 Louise Drive, Mechanicsburg, PA 17055, for over 1 year, no forwarding at Post Office. 12/01/2010 As directed by Hilleary D Nguyen, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/18/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Nguyen on 2/17/11. SHERIFF COST: $824.98 February 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF a-$ ?? ev? ,00 aSSSG7 Couef} n - Sterfff le .'soft, hn.,- 4b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., , successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 I, Hilleary D. Nguyen, Esquire, attorney for Plaintiff in the above action, set forth as of the date of filing of the Praecipe for the Writ of Execution the following information concerning the real property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Tax Parcel No. 13-10-0256-016, which description of said property is attached hereto and marked Exhibit "A": 1. Name and address of Owners or Reputed Owners: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 Name and address of Defendants in the judgment: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 505 Park Avenue, 5th Floor New York, NY 10022 Name and address of every judgment creditor whose judgment may be a record lien on the property to be sold: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 4 Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-"Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 5. Name and address of every other person who may have any record lien on the property: 6. Name and address of every other person who has any record interest in the property or may have any interest in the property which may be affected by the sale: PA Department of Revenue 300 Liberty Avenue Room 104 State Off. Bldg Pittsburgh, PA 15222-1210 Cumberland County Tax Collector Attn: Bonnie Miller 2233 Gettisburg Road Camphill, PA 17011 Lower Allen Township 2233 Gettisburg Road Camphill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Commonwealth of Pennsylvania Office of Financial Enforcement. Section of the Attorney General's Office Strawberry Square, 15th fl. Harrisburg, PA 17120 Internal Revenue Service Federated Investors Tower 12th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Maryland Industrial 2000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: August X, 2010 Hilleary D. Nguyen,Esquire Y v `-- - Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff Sworn to before me this - day of August, 2010 NOTARY PUBLIC COKWMV EALTH of PEIM 484$ V - NOTARIAL SERI. MARGARET M. BASTIAN, NoWy Public City of PhfthoW, Rft County. Carr Anion 15, 229 EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an are of a curve curving to the left having a radius of 1780.14 feet, an are length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 11.65.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 IN THE.COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., : DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY TO: SFN PA, LLC Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On December 8, 2010 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-01.6 described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A.., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court and defense or objection you might have within twenty (20) days after service of the Complaint of Mortgage Foreclosure and Notice of Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service of demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE FO DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Dated: August 3 ?, 2010 Hilleary D. Ng eri, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an are of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-488 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA,N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2, Plaintiff (s) From SFN PA, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $32,685.741.53 L.L.$.50 Interest from 1/12/10 to 12/8/10 -- $3,500,566.63 Atty's Comm % Atty Paid $132.50 Plaintiff Paid Date: 9/1/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David uell, Pro ota By Deputy Name: HILLEARY D. NGUYEN, ESQUIRE Address: BUCHANAN INGERSOLL & ROONEY PC TWO LIBERTY PLACE 50 S 16' STREET, SUITE 3200 PHILADELPHIA, PA 19102-2555 Attorney for: PLAINTIFF Telephone: 215-665-3941 Supreme Court ID No. 209430 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 5001 Louise Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: acu? pk-ccal6au Real Estate Coordinator V PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2S, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-488 civil Bank of America, NA vs. SFN PA, LLC Atty.: Hilleary D. Nguyen ALL THAT PIECE of property situ- ate in Lower Allen Township, Cum- berland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts B" & "C" (Lots B-5, C-4) of a por- tion of "Rossmoyne Industrial Park, prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cum- berland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of Louise Drive (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of 'Ritter Road' and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780. 14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the South- ern right-of-way line of Louise Drive' to the point of beginning; Thence from said point of begin- ning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the South- ern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 sec- onds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right- of-way line of "Louise Drive'; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10- 0256-016. 111 The Patriot-News Co. 2020 Technology Pkwy Suite 300 - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4ePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 81.2 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10/22/10 - 10/29/10 UL ...... Sworn to I'd subscribed ref e me this 10 da?of November, 2010 A.D. Notary Public ?t COMM214WEALT11 OF p PENNSYLVANIi Nobirlal Seal Sherrie L Kis ier, Notary Public _ower Parton Twp., Dauphin County j NY Commission E)Otres Nov. 26, 2011 1 Member, oAnnsylvanls Assoclatbn of Notaries-? 20704W Chill Toren so* of A"wo$ok NA V's SFN PA, LLC Attr We" D Notrion ALL THAT PIECE of property situate in Lower Allen'Ibwmhip, Cumberland County, Commonwealth' of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of 7hacts B" & "C" (Lots B-5, C4) of a portion of "Rossmoyne Industrial Park, prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & improvement Corporation, the Plan being recorded May 2,1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Suutlcern not.af-way line of Louise Drive (a 60 foot riobt okay), said point be®tt 1?reted and refenncid in a 5o rly direction from the centerbe inWrieciboa of `Ritter Nord' and "Louise Drive" ft throe (3) causes and distances: 1. From said intersection along the centerline of "Louise Drive, along an arc of a curve curving to the left having a radius of 17&1.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South' 38 degrees 09 minutes 37 seconds East a distance-of30.00 feet to a point on the Southern right-d ay hue of Louise Drive' to the point of ' ' Thence from said point of beginning: along existing Lot #04 -South 38 degrees 09 minutes 37 seconds Bast a distance of 460.00 feet to a point; thence akmg hands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D- 4, North 44 degrees 46'mimes 38 seconds West a distance of 463A bet:toa point on the Southern right-of-way lip of "Louise Drive; thence along the Southern rightofway line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of heginning. BEING tax parcel number 13-10-0256-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-488 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. Plaintiff (s) From SFN PA, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $32,685,741.53 L.L. Interest From January 12, 2010 to June 1, 2011 Atty's Comm % Due Prothy $2.00 Atty Paid $154.00 Other Costs Plaintiff Paid Date: 24111 ,,AA vv Buell, Pr on otary (Seal) By: / + Deputy 9SQUESTING PARTY: Name: HILLEARY D. NGUYEN, ESQUIRE Address: BUCHANAN INGERSOLL & ROONEY PC TWO LIBERTY PLACE 50S.16 TH STREET, SUITE 3200 PHILADELPHIA, PA 19102-2555 Attorney for: PLAINTIFF Telephone: 215-665-3941 Supreme Court ID No. 209430 IN THE COURT OF COMMON PLEAS OF CUMB ERLAND COU NTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO : 10-488 n . Mortgage Pass-Through Certificates Series c v - , 2001-C2 ?m M n -.-?' 135 South LaSalle Street rn G] -Cri Chicago, Illinois 60674 co -- c? r? x-n Plaintiff, so o a rT1 ? vs. rya 7 ? SFN PA, LLC c/o ASC Corp. ; 326 Third Street Lakewood, New Jersey 08701 Defendant. TO THE PROTHONOTARY OF SAID COURT: Issue writ of execution in the above captioned case. Amount due $ 32,685,741.53 Interest from January 12, 2010 $ 5,325,967.13 to June 1, 2011 (costs to be added) Total $ 38,011,708.66 Dated: February L-+, 2011 ? 9I.co -Pa o&f q O. 0 0 ceiz t q: vx) eor .4q. 00 11 " s1S?.oo T R a+IV Hilleary D. Nguj n, Esquire C t Ldq 15 t? ?- v?- e? issued ASS 3?a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. LEGAL DESCRIPTION ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being; recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise :Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise; Drive" along an are of a curve curving to the left having a radius of 1780.14 feet, an arc. length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 Dated: February, 2011 '\ _ Hilleary . Ngu, n, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 : 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. DOCKET NO.: 10-488 AFFIDAVIT PURSUANT TO RULE 3129.1 C's , r-+ - a cp Ga ..-tea - ?, C 3 o a ° rT -?? I, Hilleary D. Nguyen, Esquire, attorney for Plaintiff in the above action, set forth as of the date of filing of the Praecipe for the Writ of Execution the following information concerning the real property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Tax Parcel No. 13-10-0256-016, which description of said property is attached hereto and marked Exhibit "A": 1. Name and address of Owners or Reputed Owners: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 2. Name and address of Defendants in the judgment: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 3. Name and address of every judgment creditor whose judgment may be a record lien on the property to be sold: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 4 Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 5. Name and address of every other person who may have any record lien on the property: 6. Name and address of every other person who has any record interest in the property or may have any interest in the property which may be affected by the sale: PA Department of Revenue 300 Liberty Avenue Room 104 State Off. Bldg Pittsburgh, PA 15222-1210 Cumberland County Tax Collector Attn: Bonnie Miller 2233 Gettisburg Road Camphill, PA 17011 Lower Allen Township 2233 Gettisburg Road Camphill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Commonwealth of Pennsylvania Office of Financial Enforcement Section of the Attorney General's Office Strawberry Square, 15th fl. Harrisburg, PA 17120 Internal Revenue Service Federated Investors Tower 12th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Maryland Industrial 2000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 Guardian Receivership Services 161 Pennsylvania Avenue Wayne, PA 19087 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: February 2011 Hilleary D. Ng en, Esquire Pa. I.D.# 20943 BUCHANAN INGE-RSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff Sworn to before me this lVday of February, 2011 NOTARY PUBLIC COWMNV E 1M OF P AI" TARK MARGARE M. BASTIAN, Notary, p City of Philadelphia, Phk County Commission Expires J 15?, 2012 EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. LEGAL DESCRIPTION ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; r' 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 Dated: February, 2011 j - Hilleary . Ng n, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 DOCKET NO.: 10-488 c7 c C= C3 - ? C3 z? ca M_ co ._. ro c? D ' o0 -c o {° ?• o i -< co 77 Defendant. TO: ALL PARTIES, INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SFN PA, LLC PROPERTY: 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County PA Improvements: All land and buildings TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On June 1, 2011 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-016 described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against the property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Dated: February V?-, 2011 I'-'L Oct ezv - ?DA? Hilleary D. Ng Iyen, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY TO: SFN PA, LLC Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On June 1, 2011 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-01.6 described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court and defense or objection you might have within twenty (20) days after service of the Complaint of Mortgage Foreclosure and Notice of Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff s Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service of demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED J IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE FO DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Dated: February 1 +, 2011 0A A-(" S? m, - Hilleary D. Ng en, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 , 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, VS. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. : DOCKET NO.: 10-488 C; --s ? c cD ',C' o 7P C") Q AFFIDAVIT OF SERVICE REGARDING NOTICE OF SHERIFF'S SALE PURSUANT TO PA.R.Civ.P. 3129.2(c) I, Hilleary D. Nguyen, Esquire, attorney for the Plaintiff in the within matter, hereby certify as follows: 1. On March 2, 2011, the Notice of Sheriffs Sale (the "Notice"), a true and correct copy of which is attached hereto as Exhibit "A", was served via certified mail, return receipt requested upon SFN PA, LLC c/o David Lichtenstein pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "B" is the certified mail receipt. 2. On February 28, 2011, Notice was served via certified mail, return receipt requested upon SFN PA, LLC c/o Victoria Kelly pursuant to Pa.R.Civ.P. 3129.2(c)(1)(B). Attached as Exhibit "C" is the certified mail receipt. 3. On February 25, 2011, I caused a true and correct copy of the Notice to be served via United States Mail, First Class Delivery, postage prepaid, upon all persons appearing on Plaintiffs Affidavit Pursuant to Pa.R.Civ.P. No. 3129.1 in accordance with Pa.R.Civ.P. No. 3129.2(c)(iii) of which is attached hereto as Exhibit "D". Attached as Exhibit "E" are the original Certificates of Mailing, evidencing the transmission of the Notice to those lien holders and parties-in-interest set forth in the Affidavit. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: March 16, 2011 BOCHANAN INGERSOLL & ROONEY PC By: Hilleary D. Ngu n Telephone: (215) 665-8700 Facsimile: (215) 665-8760 Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 Sworn to and subscribed before me this 16th day of March, 2011. Notar ublic cooiw?t.7oFwr?cE.+u? IAVM,'Ndwy Pubic I of IMCity P d@*** PISS County M Co nnnion ExpW" J 15, 2012 #2973383-v1 ,,, i /? m x A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, Vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. DOCKET NO.: 10-488 NOTICE TO DEFENDANTS OF SHERIFF'S SALE OF REAL PROPERTY TO: SFN PA, LLC Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On June 1, 2011 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-016 described on Exhibit "A" hereto (hereinafter, the "Property") of which SIN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee four the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Comrtron Pleas of Cumberland County, Pennsylvania. Claims against property lmust be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court and defense or objection you might have within twenty (20) days after service of the Complaint of Mortgage Foreclosure and Notice of Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service of demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE FO DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Dated: February !_ , 2011 -- Hilleary D. Ng 4, en, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot 9C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 44 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the X following three (3) courses and distances: 3 a 1. From said intersection along the centerline of "Louise Drive" along an arc of a °D curve curving to the left having a radius of 1780.14 feet, an are length of 145.70 feet to a point; . 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of.--way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot 4D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 IIL US Postal Servil:P CERTIFIED MAIL RECEIPT r%- (Domestic Mail only; No insurance coverage Provided) r? CD Postage $ 1 ©? O ?i Certified Fee O (j G> i rU M Return Receipt Fee ?/ C3 (Endorsement Required) L 3c> is Restricted Delivery Fee (Endorsement Required) r%- Total Postage & Fees ,r SFN PA, LLC . ant o C3 srre6t.-A c/o David Lichtenstein or PO Box Suite __--- r- City State, 1985 Cedar Bridge NJ Avenue, 08701 OWOOW Rams 1, 2, and 3. A MT W ¦ U as 4 If Restricted DGIIMY Is deslrad' ¦ print your name and address on the reverse so that we can return the card to You. ¦ Attach this card to the back of the maiiPiece, or on the front If space Permits- 1. Article Addressed to: A. Signature X need ) C. B. RpepNed Grp N L? ` D. Is dellve dress different from item 1? u ire If YES, enter delivery address below: ? No SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 3. SGIVICS Mail' 13 Express Mali Lakewood, NJ 08701 0 Registered Olletum Reoelpt for Memhandbs Sriy C?MW i`t-t> 2. Article Number (ri naw Aram MWVks MW / pS Farm 3811, Febrtjar'Y 2004 v ? Insured Mail ? C.O.D. 4. Restricted Delivery? P" Fee) ? Yes Dd DD/ ?7 a tai ays.oe-t*tato metle Reaum RsOW m n ?? ?X? us Postal' Serv"'? RECE1 3. CERTIFIED MAIL e Provided) (Domestic Mail Only; No insurance coverag w.usps.com:: For delivery information visit our website at ww C3 l postage & Fees $ ? r C3 Tota .? SFN PA, LLC ant To ; /o Victoria Kelly C3 Si?eei, APr:7 or PO Box N - c The Lightstone Group 13th Floor z iii siaia' 460 Park Avenue, NY 10022 k r , New Yor ru t---- r-1 Poatage s C3 C3 Certified Fee 72 s, (j postp?Aik`, _, ru ?j oere Return C3 orsement Receipt Fee G -'s D C3 (Endorsem Required) , C3 Restricted Delivery Fee !'q '4 (Endorsement Required) ¦ Compere items 1 , 2, and 3. s Also OMplete ibm 4 if ReWcted Delivery I the reverse ¦ Print your name and address so that we can return the card to you. ¦ Attach this card to the hack of the maiipiece, or on the front if space permits. 1. Artlcle Addressed to: SFN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 X (Printed l I C. D. I. Wery address differ from kem 1? ? Yes No If YES, enter delivery address below- 3. Service IMPS ?erow Mail El Express Mall Merchrand? ? Registered ?a rri Recelpt for ? Insured Mali ? C.O.D. a Restricted DWWerYt (Extra Fee) 0 Yes SFN- 'D/o ";7-0 2. ,a,rd. N~ ptr'"li ftffl -- mwsn Fliene t F ? 102N542-W1540! Ps Form 3811, Feb"" 2004 m x v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., : successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 I, Hilleary D. Nguyen, Esquire, attorney for Plaintiff in the above action, set forth as of the date of filing of the Praecipe for the Writ of Execution the following information concerning the real property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Tax Parcel No. 13-10-0256-016, which description of said property is attached hereto and marked Exhibit "A": 1. Name and address of Owners or Reputed Owners: SIN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SIN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 2. Name and address of Defendants in the judgment: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SIN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 3. Name and address of every judgment creditor whose judgment may be a record lien on the property to be sold: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 4 Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 5. Name and address of every other person who may have any record lien on the property: 6. Name and address of every other person who has any record interest in the property or may have any interest in the property which may be affected by the sale: PA Department of Revenue 300 Liberty Avenue Room 104 State Off. Bldg Pittsburgh, PA 15222-1210 Cumberland County Tax Collector Attn: Bonnie Miller 2233 Gettisburg Road Camphill, PA 17011 Lower Allen Township 2233 Gettisburg Road Camphill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Commonwealth of Pennsylvania Office of Financial Enforcement Section of the Attorney General's Office Strawberry Square, 15th fl. Harrisburg, PA 17120 Internal Revenue Service Federated Investors Tower 12th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Maryland Industrial 2000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 Guardian Receivership Services 161 Pennsylvania Avenue Wayne, PA 19087 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my ,personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Dated: February '1%-* +., 2011 / -5?1 . Hilleary D. Ng en, Esquire Pa. I.D.# 20943 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff Sworn to before me this Wday of February, 2011 61 NOTARY PUBLIC COMMONWF,A TH-OF PAN 9Y NOTARIALW FIMARGARET M. BASTIAN, Notary Public ity of Philadelphia, Phila, County ommission Expires January 15, 2012 EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 1 0'UN/TE'DSTd7ET • This Certfcate of (Nailing provides Certificate Of N?illn This form m evid aybe used for dome ence that mail has b= stic and international mail 'en presented to USPSe for mailing From: win n o uNITF? To: Bank of America, N. A., sucssor AS?ger _ to LaSalle B s M 4D, o J ank, N.A. Registered Holders of GMAC?' rustee fdM9e? mm cial Mh - S t - O i e ( ? r gage ecurities, Inc. Mortgage Pass- hrough _ Certificates Serie ' rn d ; _CC , s s 135 South LaSalle n m .7 - Chicago, Illinois 606 " , p m 0 W I PS Forte 17, April 2007 PSN 7530-02-000 9065 M (D N ?? o? 0 w -. ID a UNIMDsTATES 06SMLSERVI6E• Certificate Of Mailir This Cert ificate of Mailing provides evidence that mail has been presented to USPS® formail, Ths form may Ge used for domestic and international mail From: low loom Cumberland C unty Coll Attn: onn'e MHR?r " 2233 Gesb rg Roy - Camphil If A` 7_o r °' - PS Form 3811, April 2007 PSN 7530- •? 00-gn55 r UNITEDSMM ARM POSTiO sawKE• Certificate Of Mailina_ This Certificate of Mailina provides evidence that mail has been presented to USPSe for mailing. This form may be used for domestic and international mail From: To: West Shore School iistri t 507 Fishing Creek oaq' `- New Cumberland, ?A 17070 - i PS Form 3817, April 2007 PSN ibQr906s K o o UNITED A o N Sa 9 O n' Too a ? ? O 05 0 CD ?y N om= nrrnn o?,OR M cn . C ° - 0 w n• D o utwrFa o M N S? 9/1 ? n N 0 0) 00 3 N I M? 0 co o v NA Ch . t0 Nom, m O'w vi o V, C') -• C If ? .?i4M AI -- i:?' Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPSO for mailing. This form may be used for domestic and international mail From: -N '. A60112V PC r M M 1h ,?, ;? N uw17-to m ° -' ® 9hy1? T D To: PA Department if R? _ a 300 Liberty Avenue N _ 1 i Room 104 State og. - ' o co - r v°;di Pittsburgh, PA 1522 rh' on . PS Form 3817, April 2007 PSN 7530-02-000-9065 `-' C') _. O U UMSTAM ?PQ'l LSERVlCEs Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing This form may be used for domestic and international mail From: r to o Noll a" m ti v -i r ?, To: United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street _ Philadelphia, PA 19106 PS Form 3817, April 2007 PSN 7530-02-000-9065 UN jZgDSTt3TES imiiiiiiiiiiiiiiI pt,SrjUSERVICE m Certificate Of Maili This Cedaiceta of I jailing provides. evidence that mail has been presented to USP50 for mail This font may be used for domestic and International mai. From: To: SFN PA, LLt c/o Victoria 411y The Lightstone (roi 460 Park Avenue, 1 th New York, NY 1 PS Form 3817, Apnl 2007 PSN 7530-02-000-9065 r ) ? 44-- : o . - `1 N a? WNPOPmew* .. r. CD o uovrr O N ©S fyq t7 f') M 4 F1Qor Z2 ' . C' Q u?nlm?ysrerEs POSTdLSERVKE® Certificate Of Mailinc This Certificate of Mailing provides evidence that mail has been presented to USPS® formaihng This fo??n maybe used ford omestic and international mail From: , V yam, uwr D oo N ds? - - PON r + ?. b T° Commonwealth o Pennsy v?nia -n co C 0 o , ? (Y[f j} Office of Financial En orcement 7 Section of the Attorney,(5?cr ral's O?'Ide ' u -0 m a Strawberry S uar,"nth 0 O z '' PA 0121 N).& _?- - Harrisburg, (A N?1 PS Form 3817, April 2007 PSN 7530-02-000-9065 C) O cu a? UM'W' -'T Certificate of Mailin This C "'Uate of Mailing provides evidence that mail has been resented to USPj© This form may be used for domestic andnce that hi mail p for mailing. From: _ Ak o o UNIrro s5 ji p To: -n Lower Allen Townshi co 2233 Gettisburg Road Camphill, PA 17011 ;C) m z cn PS Form 3$17, April 2007 PSN 7530-OZ-000-9065 o? 0 ca .? O LW EDSUTES FOS7nLSDW E' Certificate Of Mailing This Certificate of Madmg provides evidence that mail has been presented to USPS® for mailing This form maybe used for domestic and international mail. From: L 1?M1 SkSOL ? - -- - o " UNIr?O D ,D N S+ _ To: -n co 00 ! Y Guardian Receivership Services. 161 Pennsylvania Avi & " 4 m °- I Wayne, PA 1 87 ? K N s - -.' , '•_ P F- 3817, - ? April 2007 PSN 7530-02-000-9065 w ? O MWEDSTATES ?f POSULSERVICE& Certificate Of Mailing This Certificate of Malmo provides evidence that mail has been presented to USPSJ for mailing. This form may be used for domestic and international mail - From,. I?W BMW PC A a CD UNh'e !? 1 °A e_ M A ?? 9 Z s M ? :.'? 0 A > j?7J -n 00 0 Chi To: Maryland Industrial OO(Y ifu ess`TYust I N ?, - 1985 Cedarbridge Avenue, Suite f !i` m 00e% Z' Lakewood, N'J,087 ~; ; , , m T N,a fJ./- y CA 0 1 r, PS Form 3817, April 2007 PSN 7530-02-000-9065 c O PJ,?tT??STI.?i ES POSMLSERVICE Certificate Of Mailir This Certificate of Is1allinCJ povides. evidence that mail has been presented to USPSB forr ilii This form may be used for domashc and international mail. From: 1"I To: SFN PA, LLC•..'?y c/o David Lichtenstei 1985 Cedar Bridge Avenue, S to 1 Lakewood, NJ 08701 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITMSTATES POSTALSERWE® Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailinc Ths form maybe used for domestic and intemahonal mail From: u`urr° IVN S 9 oo) "z d m CIO Lo fT?O A (D CD UN N S F; _S r 00191fto FA 11119-2555 To: _ Internal Revenue Service Federated Investors Tower 1 12th Floor, Suite 1300 i 1001 Liberty Avenue Pittsburgh, PA 15222 PS Form 3817, April 2007 PSN 7530-02-000-9065 N ?•! L -f=- ' CD o O P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 C-) c ? z? = imm -0mrn -C C° "C Q --4c) -n PW C-) 7 C :)-n :X ?ffl 7do Defendant. ASSIGNMENT OF JUDGMENT For valuable consideration, the receipt and adequacy of which are hereby acknowledged, BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- C2, with an address of c/o Berkadia Commercial Mortgage LLC, 700 N Pearl Street, Suite 2200, Dallas, Texas 75201 ("Assignor"), hereby sells, transfers, assigns and sets over unto U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2, with an address of c/o Berkadia Commercial Mortgage LLC, 700 N. Pearl Street, Suite 2200, Dallas, Texas 75201, ("Assignee"), without recourse, representations or warranties, express or implied, all of Assignor's right, title and interest in the Judgment in the above- captioned case dated May 24, 2010. 4*j DOCKET NO.: 10-488 IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed as of the - a day of March, 2011. Dated: March 30, 2011 Hilleary D. Ng(tyen, Pa. I.D. No. 99430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 Tel: (215) 665-3870 Fax: (215) 665-8760 Attorneys for Plaintiff Sworn to and sub abed before me thiL:Vay of March, 2011 N Notarial Seal Patricia A. Gaab, Notary Public city Of Philadelphia, Philadelphia Camty Exphaa March 22.2012 #2970994-v1 y? After recording return to: 0027H8 Patricia Weinberg, Esq. Bryan Cave LLP 2200 Ross, Suite 3300 Dallas, Texas 75201 ASSIGNMENT OF MORTGAGE AND SECURITY AGREEMENT FOR VALUE RECEIVED, the receipt and sufficiency of which are hereby acknowledged, BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 ("Assignor"), having a mailing address of c/o Berkadia Commercial Mortgage LLC, 700 N. Pearl Street, Suite 2200, Dallas, Texas 75201, does hereby grant, bargain, sell, assign, deliver, convey, transfer and set over unto U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 ("Assignee"), having a mailing address of c/o Berkadia Commercial Mortgage LLC, 700 N. Pearl Street, Suite 2200, Dallas, Texas 75201, all of Assignor's right, title and interest in and to the following deed of trust and other loan documents, as each such instrument may have been amended and assigned: 1. That certain Mortgage and Security Agreement, dated as of January 26, 2001 ("Mortgage"), made by SIN PA, LLC, a Pennsylvania limited liability company ("Borrower"), to GMAC Commercial Mortgage Corporation, a California corporation ("Original Lender"), recorded on February 15, 2001, in Book 1670, Page 983, in the Official Real Property Records of Cumberland County, Pennsylvania (the "Records"), securing a certain promissory note (the "Note") payable by Borrower as more particularly described therein, as modified pursuant to that certain First Amendment to Mortgage and Security Agreement, dated as of May 2, 2001, recorded July 19, 2001, in Book 1727, Page 4949 in the Records, and as assigned by Original Lender to Assignor by instrument dated as of February 15, 2002, and recorded on April 16, 2002, in Book 686, Page 2050 in the Records. Parcel No. 13-10-0256-016 TOGETHER WITH (i) all sums and other obligations described therein and in the Note, (ii) all of the rights, benefits, privileges, liens, security interests, and assignments owned, held, accruing, and to accrue to, and for the benefit of the Assignor under the Mortgage and any vendor's lien, and (iii) all other liens, security interests, lien priority agreements, guaranties, collateral assignments, covenants, agreements, rights, benefits, and privileges in anywise belonging or to accrue to the benefit of Assignor, in respect of the Mortgage or the Note and any indebtedness now or hereafter evidenced thereby or any security for them that are in the possession of Assignor and that Assignor has the legal right to transfer to Assignee. Cumberland - Assignment of Mortgage 1 TO HAVE AND TO HOLD the same unto the Assignee and to the successors and assigns of the Assignee forever. THIS ASSIGNMENT IS MADE WITHOUT RECOURSE AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR BY OPERATION OF LAW, OF ANY HIND AND NATURE WHATSOEVER. [Signatures only follow on next page.] Cumberland - Assignment of Mortgage 2 IN WITNESS WHEREOF, this Assignment has been duly executed on behalf of Assignor as of the jeday of March, 2011. ASSIGNOR: BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 By: U.S. BANK NATIONAL ASS TIOl-a,? Trustee, its Attorney-in-Fact By:_. _ -?- Name: Paul D. Robinson Title: Vice President STATE OF Illinois ) SS: COUNTY OF Cook ) On this !6711 day of March, 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Paul D. Robinson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President of U.S. Bank National Association, a national banking association that executed the within instruments, and known to me to be the person who executed the within instrument on behalf of the national banking association therein named, and acknowledge to me that such national banking association executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. (NOTARY SEAL) O?`5 -01"'Oo" sips , 3?g.o? 12- otary Public, State of Illinois Print Name: Christopher J. Nuxoll Commission No.: My Commission Expires: 4-15-2014 Cumberland - Assignment of Mortgage CERTIFICATE OF RESIDENCE I hereby certify that the precise address of the assignee of the mortgage is: U.S. Bank National Association, as Trustee, successor-in-interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for the registered holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass- Through Certificates, Series 2001-C2 c/o Berkadia Commercial Mortgage LLC 700 N. Pearl Street, Suite 2200 Dallas, Texas 75201 ASSIGNEE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 By: Berkadia Commercial Mortgage LLC, a Delaware limited liability company Its: Special Servicer By: Name: Its: - - - - - --- - C -A find R wa Cumberland - Assignment of Mortgage ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201108770 Recorded On 3/21/2011 At 11:14:52 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 84029 User ID - MSW * Mortgagor - SFN PA LLC * Mortgagee - GMAC COMMERCIAL MTG CORP * Customer - BUCHANAN INGERSOLL & ROONEY * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA c? co, ,o 0 RECORDER O D DS t?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111111111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFICE Ronny Sheriff R Anderson Jody S Smith Chief Deputy Richard W Stewart Solicitor ari???rt. ? IN Bank of America, NA, Case Number vs. SFN PA, LLC 2010-488 SHERIFF'S RETURN OF SERVICE 03/10/2011 04:57 PM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Cumberland County. 04/11/2011 Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice and Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: SFN PA, LLC, c/o ASC Corp., at 326 Third Street, Lakewood, New Jersey. The mailing was returned to the Cumberland County Sheriffs Office on 4/11/11 "Unclaimed" 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Hillary Nguyen, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $951.78 SO ANSWERS, July 11, 2011 RON R ANDERSON, SHERIFF 1 04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street : Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC c/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 I, Hilleary D. Nguyen, Esquire, attorney for Plaintiff in the above action, set forth as of the date of filing of the Praecipe for the Writ of Execution the following information concerning the real property located at 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County, Tax Parcel No. 13-10-0256-016, which description of said property is attached hereto and marked Exhibit "A": 1. Name and address of Owners or Reputed Owners: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 2. Name and address of Defendants in the judgment: SFN PA, LLC c/o David Lichtenstein 1985 Cedar Bridge Avenue, Suite 1 Lakewood, NJ 08701 SFN PA, LLC c/o Victoria Kelly The Lightstone Group 460 Park Avenue, 13th Floor New York, NY 10022 Name and address of every judgment creditor whose judgment may be a record lien on the property to be sold: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 4 Name and Address of the last recorded holder of every mortgage of record: Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commmercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Name and address of every other person who may have any record lien on the property: 6. Name and address of every other person who has any record interest in the property or may have any interest in the property which may be affected by the sale: PA Department of Revenue 300 Liberty Avenue Room 104 State Off. Bldg Pittsburgh, PA 15222-1210 Cumberland County Tax Collector Attn: Bonnie Miller 2233 Gettisburg Road Campfiill, PA 17011 Lower Allen Township 2233 Gettisburg Road Camphill, PA 17011 West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070 Commonwealth of Pennsylvania Office of Financial Enforcement Section of the Attorney General's Office Strawberry Square, 15th fl. Harrisburg, PA 1712.0 Internal Revenue Service Federated Investors Tower 12th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 United States of America c/o U.S. Attorney for the Eastern District of PA 615 Chestnut Street Philadelphia, PA 19106 Maryland Industrial 2000 Business Trust 1985 Cedarbridge Avenue, Suite 1 Lakewood, NJ 08701 Guardian Receivership Services 161 Pennsylvania Avenue Wayne, PA 19087 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: February; 2011 Hilleary D. Ng en, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff Sworn to before me this ?) day of February, 2011 NOTARY PUBLIC COMMONWEALTH OF PENNSYL=ua NIA NOTARIAL SI*AL MARGAREblic City of PMY_, Commiss012 EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot 9C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., DOCKET NO.: 10-488 Mortgage Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 Plaintiff, vs. SFN PA, LLC C/o ASC Corp. 326 Third Street Lakewood, New Jersey 08701 Defendant. TO: ALL PARTIES, INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SFN PA, LLC PROPERTY: 5001 Louise Drive, Mechanicsburg, PA 17055, Lower Allen Township, Cumberland County PA Improvements: All land and buildings TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 On Rine 1, 2011 at 10:00 A.M. the following described real estate of which defendant(s) own: 5001 Louise Drive Mechanicsburg, PA 17055 Cumberland County PA Property ID No.: 13-10-0256-016 V described on Exhibit "A" hereto (hereinafter, the "Property") of which SFN PA, LLC is the owner or reputed owner. The said Writ of Execution has been issued on a judgment in the amount of $32,685,741.53 plus costs in the action of Bank of America, N.A., successor by merger to LaSalle Bank, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2001-C2 v. SFN PA, LLC, Docket No. 10-488, in the Court of Common Pleas of Cumberland County, Pennsylvania. Claims against the property must be filed at the Office of the Sheriff before above sale date. Claims to proceed must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than. thirty (30) days from the sale date. Exceptions to Distribution of a Petition to Set Aside the Sale must be filed with the Office of the Sheriff not later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Dated: February V?-> 2011 C - Hilleary D. Ng lyen, Esquire Pa. I.D.# 209430 BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 S. 16th Street, Suite 3200 Philadelphia, PA 19102-2555 (215) 665-3941 Attorneys for Plaintiff V EXHIBIT "A" ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an are of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) 'Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) 'Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of beginning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10-0256-016 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-488 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF AMERICA, N.A. Plaintiff (s) From SFN PA, LLC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. ?(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the glarnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachrrient is found in the possession of anyone other than a named garnishee, you are directed to notify him!her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 532,685,741.53 L. L. Interest From January 12, 2010 to June 1, 2011 Atty's Comm 0" Due Prothy 52.00 Atty Paid 5154.00 Other Costs Plaintiff Paid Date: 2/18 '11 D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: HILLEARY D. NGUYEN, ESQUIRE Address: BUCHANAN INGERSOLL & ROONEY PC TWO LIBERTY PLACE 50 S. 16TH STREET, SUITE 3200 PHILADELPHIA, PA 19102-2555 Attornev for: PLAINTIFF Telephone: 215-665-3941 TRUE CORY FROM RECORD In Testimony whereof, I / ere unto set my hand and ft coal of saio Court at cariisie, Pa, This ,-day of 20 I _ ,'l J `,, o Prothonotary Supreme Court ID No. 209430 On March 3., .: O j I tiie Sheri fl levied upon the defendant's interest Ir7 the real property situated in sower Allen township, Cumberland County, PA, blown and numbered as, - 00I Louise Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March -201 By Real Estate- Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-488 Civil Bank of America, NA VS. SFN PA, LLC Atty.: Hilleary D. Nguyen ALL THAT PIECE of property situ- ate in Lower Allen Township, Cum- berland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan of Tracts "B" & "C" (Lots B-5, C-4) of a por- tion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1989, by J. Michael Brill & Associates, Inc., for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cum- berland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the follow- ing three (3) courses and distances: 1. From said intersection along the centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the South- ern right-of-way line of "Louise Drive" to the point of beginning: Thence from said point of begin- ning along existing Lot #C-2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet to a point; thence along lands now or late of Daniel Ritter and being the South- ern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 sec- onds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right- of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10- 0256-016. 73 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 day of May, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PuLiic CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 j4fPahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 f r 05/06/11 l • Sworn to and sy?bscribed beforern"Ui 23 ay y of May, 2011 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov, 26, 2011 Member, Pennsylvania Association of Notaries 2010-488 CIO Term Bank of Amorkay NA Vs SFN PA, LLC Atty.- Weary D Nguyen ALL THAT PIECE of property situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, being Lot #C-4, shown in Final Subdivision Plan oftracts B" & "C" (Lots B-5, C-4) of a portion of "Rossmoyne Industrial Park", prepared February 17, 1989, revised March 24, 1489, by J. Michael Brill & Associates, Inc„ for Smith Land & Improvement Corporation, the Plan being recorded May 2, 1989, in Cumberland County Court House in Plan Book 58 page 1. The Lot is bounded and described as follows: BEGINNING at a point on the Southern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a Southwesterly direction from the centerline intersection of "Ritter Road" and "Louise Drive" the following three (3) courses and distances: 1. From said intersection alongthe centerline of "Louise Drive" along an arc of a curve curving to the left having a radius of 1780.14 feet, an arc length of 145.70 feet to a point; 2) Thence along the same, South. 51 degrees 50 minutes 23 seconds West a distance of 1165.11 feet to a point; 3) Thence South 38 degrees 09 minutes 37 seconds East a distance of 30.00 feet to a point on the Southern right-of-way line of "Louise Drive" to the point of beginning: (hence from said point of beginning along existing Lot #G2, South 38 degrees 09 minutes 37 seconds East a distance of 460.00 feet t" point; thence along lands now or late of Daniel Ritter and being the Southern side of a 150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 513.61 feet to a point; thence along existing Lot #D-4, North 44 degrees 46 minutes 38 seconds West a distance of 463.08 feet to a point on the Southern right-of-way line of "Louise Drive"; thence along the Southern right-of-way line of "Louise Drive", North 51 degrees 50 minutes 23 seconds East a distance of 566.98 feet to a point, the place of beginning. BEING tax parcel number 13-10,0256-016 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which GMAC Commercial Mortgage Securities Inc. Series 2001-C2 is the grantee the same having been sold to said grantee on the 1 day of June A.D., 2011, under and by virtue of a writ Execution issued on the 18 day of February, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 488, at the suit of GMAC Commercial Mortgage Securities Inc. Series 2001-C2 against SIN PA, LLC is duly recorded as Instrument Number 201119322. IN TESTIMONY WHEREOF, I have her, set my hand and eal of said office this day of i A.D. 1 Recorder of Deeds or Cw%Cmft?A My CanrniseiMUt Be Wm* dJa Dt4 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 BANK OF AMERICA N A (VS) Case Number 2010-00488 Received of PD SHERIFF Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ $50.00 Receipt Date 7/12/2011 Receipt Time 15:19:58 Receipt No. 261736 Check# 82687 ------------------------- Distribution Of Payment ---------------------------- Transaction Description Payment Amount ACKNOWLEDGMENT 48.00 CUMBERLAND CO GENERAL FUND 2007 SHERF FEE 2.00 CUMBERLAND CO GENERAL FUND SFN PA LLC RL 50.00 .00 .00 $50.00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A., successor by merger to LASALLE BANK, N.A., as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage DOCKET NO.: 10-488 Pass-Through Certificates, Series 2001-C2 135 South LaSalle Street Chicago, Illinois 60674 z7 c Plaintiff, -43 -` -i ar x rn s- r q *? VS. Z M C/Jr` r- ?r- -V A Zn p SFN PA, LLC x ° zs O ) c/o ASC Corp. z o = r7 326 Third Street = cn l New Jersey 08701 Lakewood , Defendant. NOTICE OF TERMINATION OF RECEIVERSHIP Plaintiff, Bank of America, N.A. ("Plaintiff' or `Bank of America"), successor by merger to LaSalle Bank, N.A. ("LaSalle Bank"), by and through its undersigned attorneys, Buchanan Ingersoll & Rooney PC, files the within Notice of Termination of Receivership (the "Notice") 1. Plaintiff commenced the above-captioned action by filing a complaint in this Court seeking, among other things, a foreclosure judgment against the Defendant as a result of Defendant's failure to pay outstanding amounts due and owing to Plaintiff in connection with the mortgage loan secured by the property located at 5001 Louise Drive, Mechanicsburg, Pennsylvania more commonly known as "Hillside Corporate Centre" (the "Pro ert "). 2. Pursuant to an order dated February 3, 2010 (the "Receivership Order"), this Court appointed Guardian Receivership Services, Inc. (the "Receiver") as receiver of the Property. 3. On June 1, 2011, the Property was sold via Sheriff Sale. 4. With the Property being sold, the Receiver has concluded all of its work. 5. The Receivership Order provides, among other things, that "Plaintiff may terminate the Receivership authorized and created hereby at any time by filing with this Court, and serving upon the Defendant a written notice indicating the effective date of such termination." See Receivership Order at ¶ 15. 6. Pursuant to the Receivership Order, Plaintiff hereby provides this Notice that the receivership created by the Receivership Order is terminated, effective June 3, 2011. The Receiver and its members, officers, agents, employees, attorneys and representatives of all duties, liabilities and responsibilities are hereby discharged and relieved of all duties, liabilities and responsibilities in this action, with the sole exception that the Receiver shall file a Final Report within thirty (30) days of this Notice. Respectfully submitted, Dated: July 14, 2011 BUCHANAN INGERSOLL & ROONEY PC Hilleary D. guyen, Pa. I.D. 09430 Two Liberty Place 50 S. 16th St., Suite 3200 Philadelphia, PA 19102-2555 Tel: (215) 665-8700 Fax: (215) 665-8760 Attorneys for Plaintiff, Bank of America, N.A. 2 4 fib- 0- 9 Guardian Receivership services GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC HILLSIDE CORPORATE CENTER 5001 LOUISE DRIVE MECHANICSBURG, PA - u3 I o ro JULY 2011 t r -+? , __c;l ; G N CD -i FINAL REPORTING TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE REGISTERED HOLDERS OF GMAC COMMERCIAL MORTGAGE SERCURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-C2 C/O BERKADIA COMMERCIAL MORTGAGE Guardian Receivership Services, LLC • 161 Pennsylvania Avenue, Wayne, Pennsylvania 19087 P: 610.688.1130 F: 610.971.6556 • www.guardianreceiver.com TABLE OF CONTENTS • EXECUTIVE SUMMARY • RENT ROLL • MAY FINANCIAL STATEMENTS 9 JUNE FINANCIAL STATEMENTS HILLSIDE CORPORATE CENTER - JULY 2011 EXECUTIVE SUMMARY In its capacity as court appointed receiver for SFN PA, LLC, Guardian Receivership Services, LLC (Guardian) presents the following FINAL report of activity for Hillside Corporate Center. This reporting includes the months of May, June, and a partial July. For the month of May, the property generated total revenue of $41,443.32 against total operating expenses of $43,824.88, resulting in a net loss of ($2,381.56). As of the end of June, total revenues were $34,745.14 and total operating expenses were $32,492.36, resulting in net operating income of $2,254.79. On a cash basis, the property had YEAR TO DATE total revenue of $194,569.93 and operating expenses of $208,472.08 for a net operating LOSS of ($13,902.15). This operating loss was funded through retained property cash flows not distributed to the lender. This loss is largely attributable to ongoing repairs and maintenance, particularly with respect to the aged HVAC units, water penetration issues, and other dated building systems. Leasing activity was slow during this reporting period due to continued weakness in the local office submarket. Overall occupancy remains at approximately 41%. A current rent roll is included within this report. The Cash Summary Report (as of the end of June) provided herein indicates a cash balance of $10,627.58. Remaining termination expenses, including management and receivership fees for the month of June ($1,419.88), will be deducted from this balance and the remaining amounts returned to Berkadia via wire transfer. Guardian was notified that the bank had successfully recovered the property at the June 1, 2011 sheriffs sale. Guardian was subsequently notified that management of the properties was to be transferred to Onyx Equities upon formal termination of the receivership order. Although the balance of the SFN portfolio receiverships were terminated as of June 3, 2011, no formal indication of the Hillside receivership has been provided. Onyx, however, initiated management transfer simultaneously with the other assets. As a result, management of the asset has been a joint effort during the month of June. On July 18t , Berkadia notified Guardian that the Hillside receivership was formally terminated sometime during the week of July 11 ffi. Although Guardian has not yet received the formal termination order, it is hereby submitting the final receivership report and concludes all related activity. GUARDIAN RECEIVERSHIP SERVICES, LLC AS COURT APPOINTED RECEIVER FOR SFN PA, LLC Page 3 6116120111:56 PM Hillside Corporate center (hdlscc) Income Statement period -. May 20) 1 Bonk Cash Period to Date % Year to Date ok 4000-0000 REVENUE 4100-0000 RENTAL INCOME 4500-0000 4630-0000 Base Rent 40,138.09 96.85 193,349.09 -251.31 Less; Concessions/Abatements 0.00 0.00 -38,930.38 50 60 4999-9999 NET RENTAL INCOME 40,138.09 96.85 154 418.71 . -200 71 5100.0000 REIMBURSED EXPENSE INCOME , . 5100-7000 Utility Reimbursement 1,305.23 3.15 5 404.07 -7 02 5500-0000 TOTAL REIMBURSED EXPENSE INCO1 1,305.23 3.15 , 5,404.07 . -7 02 5999-0000 TOTAL REVENUE 41,443.32 100.00 159,822.78 , -207.73 6000-0000 OPERATING EXPENSES 6300.0000 UTILITIES 6310-0000 6320-0000 Electric Water 11,762.43 28.38 71,773.60 -93.29 6321.0000 Sewer 555.54 0 00 1.34 1,376.66 -1.79 6330-0000 Trash Removal . 497.63 0.00 1.20 687.40 7 488.15 -0.89 -3 23 6331.0000 Cable 59.08 0.14 „ 295.36 , -038 6333-0000 Security 390.00 0.94 390.00 -0 51 6399-0000 TOTAL UTILITIES 13,264.68 32.01 77,011,17 . 100.10 6400-0000 REPAIRS & MAINTENANCE 6410-0100 Repairs & Maintenance General 5,573.00 13.45 16 168.00 -21 01 6420-0120 Cleaning & Janitorial 7,987.37 19.27 , 21 626.60 . -28 11 6420-0180 Elevator Maintenance 0.00 0.00 , 2 434.84 . -3 16 6420-0200 HVAC Repairs 1,439.95 3,47 , 3 676.64 . -4 78 6420-0250 Plumbing Repairs 0.00 0.00 , 6 200.00 . -8 06 6420-0270 Snow Removal 2,245.00 5.42 , 21 835.00 , -28 38 6420-0350 Pest Control 0100 0.00 , 384.78 . -0 50 6460-0200 Landscaping 8,534.30 20.59 11,636.52 . -IS i2 6499-0000 TOTAL REPAIRS & MAINTENANCE 25,779.62 6270 83,962.38 - -109.13 6520-0000 ADMINISTRATIVE EXPENSES 6520-0130 Banking Fees 0.00 0100 25.00 •0 03 6520.0210 6520-0220 Legal Fees Licences Fees Permits 3,612.14 8.72 3,612.14 . -4,70 6520-03 72.00 0.17 457.50 -0.59 00 TOTAL ADMINISTRATIVE EXPENSES 3,684.14 8.89 4,094,64 -5.32 6520-9999 MANAGEMENT FEES 6530-0000 Property Management Fee 822.33 1.98 5 835 58 -7 59 6530-0100 Receivership Fee 274,11 0.66 , . 1,945.19 . -2 53 6530-0200 TOTAL MANAGEMENT FEE 1,096.44 2.65 7,780.77 . -10.11 6599-0000 INSURANCE 6600-0000 Property Insurance 0100 0.00 2 005.50 -2 61 6640-0000 TOTAL INSURANCE 0.00 0100 , 2,005.50 , -2.61 6699-0000 TAXES 6700-0000 6730-0000 Real Estate Taxes Other Taxes 0.00 0.00 951.02 -1.24 6740-0000 TOTAL TAXES 0.00 0.00 174.24 -0.23 0.00 0.00 1,125.26 -1,46 6799-0000 T OTAL OPERATING EXPENSES 43,824,88 105.75 175,979.72 -228.73 7990-0000 OPERATING INCOME BEFORE DEBT SE 2,381,56 5.75 .16,156.94 21.00 8149-9998 NOI WITH DEBT SERVICE 2,381.56 -5.75 -16,156,94 21,00 8239-9999 NET OPERATING INCOME -2,381.56 -5.75 -16,156.94 21.00 Page 1 of 1 o? m n C A C p 0 W) U) Ul N U) O Ln N L G In n N !\ N h M CO C• d' Q n r, r, Co CO 0 0, CO 00 01 L ?""+ W 'i + + rl n wo 00' ON 'N a y W N N M pM? 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O c a N v c N F Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Beginning G/L Balance Berkadia Funding Berkadia Distribution Total Receipts Total Disbursements Currrent Month _ May 10,754.35 0.00 0.00 41,443.32 (43,824.88} Ending G/L Balance 8,372.79 Year To [date Receivership 2011 _ Inception to Date ?24, 529, 73 0.00 0.00 79,819.71 0.00 (62,000.00) 959,822.78 619,426.23 175, 979 (628, 873.15 8,372.79 8,372.79 7/20/2011 11:45 AM Hillside Corporate Center (hillscc) Income Statement Period = Jun 2011 Book = Cash ParW to Date % Yait to Date % 4000-0000 REVENUE 4100-0000 RENTAL INCOME 4500-0000 Base Rent 33,472.32 96.33 226,821.41 -181.35 4630-0000 Less: Concessions/Abatements 0.00 0.00 -38,930.38 31.13 4999-9999 NET RENTAL INCOME 33,472.32 96.33 187,891.03 -150.22 5100-0000 REIMBURSED EXPENSE INCOME 5100-7000 Utility Reimbursement 1,274.83 3.67 6,678.90 -5.34 5500-0000 TOTAL REIMBURSED EXPENSE INCOI 1,274.83 3.67 6,678.90 -5.34 5999-0000 TOTAL REVENUE 34,747.15 100.00 194,569.93 -155.56 6000-0000 OPERATING EXPENSES 6300-0000 UTILITIES 6310-0000 Electric 10,938.41 31.48 82,712.01 -66.13 6320-0000 Water 0.00 0.00 1,376.66 -1.10 6321-0000 Sewer 0.00 0.00 687.40 -0 55 6330-0000 Trash Removal 497.63 1.43 2,985.78 . -2.39 6331-0000 Cable 59.08 0.17 354.44 -0.28 6333-0000 Security 0.00 0.00 390.00 -0.31 6399-0000 TOTAL UTILITIES 11,495.12 33.08 88,506.29 -70.76 6400-0000 REPAIRS & MAINTENANCE 6410-0100 Repairs & Maintenance General 2,446.00 7.04 18,614.00 -14.88 6420-0120 Cleaning &Janitorial 4,502.91 12.96 26,129.51 -20.89 6420-0180 Elevator Maintenance 0.00 0.00 2,434.84 -1.95 6420-0190 Sprinkler Maintenance 1,343.52 3.87 1,343.52 -1.07 6420-0200 HVAC Repairs 6,863.06 19.75 10,539.70 -8.43 6420-0250 Plumbing Repairs 0.00 0.00 6,200.00 -4.96 6420-0270 Snow Removal 0.00 0.00 21,835.00 -17 46 6420-0350 Pest Control 0.00 0.00 384.78 . -0.31 6460-0200 Landscaping 1,053.96 3.03 12,690.48 -10.15 6499-0000 TOTAL REPAIRS & MAINTENANCE 16,209.45 46.65 100,171.83 -80.09 6520-0000 ADMINISTRATIVE EXPENSES 6520-0130 Banking Fees 0.00 0.00 25.00 -0 02 6520-0140 Professional & Consulting Services 3,490.80 10.05 3,490.80 . -2 79 6520-0210 Legal Fees 0.00 0.00 3,612.14 . -2 89 6520-0220 Licences Fees Permits 0.00 0.00 457.50 . -0.37 6520-0300 TOTAL ADMINISTRATIVE EXPENSES 3,490.80 10.05 71585.44 -6.06 6520-9999 MANAGEMENT FEES 6530-0000 Property Management Fee 1,243.30 3.58 7,078.88 -5 66 6530-0100 Receivership Fee 414.43 1.19 2,359.62 . -1.89 6530-0200 TOTAL MANAGEMENT FEE 1,657.73 4.77 9,438.50 -7.55 6599-0000 INSURANCE 6600-0000 Property Insurance 0.00 0.00 2,005.50 -1 60 6640-0000 TOTAL INSURANCE 0.00 0.00 2,005.50 . -1.60 6699-0000 TAXES 6700-0000 Real Estate Taxes -360.74 -1.04 590.28 -0 47 6730-0000 Other Taxes 0.00 0.00 174.24 . -0 14 6740-0000 TOTAL TAXES -360.74 -1.04 764.52 . -0.61 6799-0000 TOTAL OPERATING EXPENSES 32,492.36 93.51 208,472.08 -166.68 7990-0000 OPERATING INCOME BEFORE DEBT SE 2,254.79 6.49 -13,902.15 11.12 8149-9998 NOT WITH DEBT SERVICE 2,254.79 6.49 -13,902.15 11.12 8239-9999 NET OPERATING INCOME 2,254.79 6.49 -13,902.15 11.12 Page 1 of 1 a? rn a C A C. O LM U1 to LA Ln O to N 01 1 O N fem. N f? N I? M CO Qcc r; oo m o, o? a q? p1 0o N4 (,j M vi N rP ?6 O ?D 61 .^-i QNp M .Nr 00 ?O M W V C N m O? I!% ^ N I? N N N N N O O O C d N?M? Ni Ln Ln cli m Itr d o 0 0 0 0 0 0 0 0 0 N N N N N N N N N N D O O O O O p 0 0 0 0 LL O ?? ro ? ?53r ?? ~ O O O C O .~-+ M Q 111 .-? N M Ip 0 0 0 0 0 Cl 0 0 0 0 .? " ~ ~ ~ ~ 0 OE 0 0 0 0 0 0 0 0 O O n I? n f\ nN ;::Z N u 0 00 00 -?.r.r gg p cb4 CC O a? N o °o °o O g O $ 0 0 G 0 .c r: r? 0 0 0 0 o c o 0 d 6 ?D 00 V' OO Q OO O O O 8 O N N N v O Ch 6 0 0 0 0 0 0 0 +. O a p a co co N O L 01 Y O O p Lr, m C 0?y O N n N 00 -r N ? 00 v C) m ?ppp Q- H Q- ? S M n LM n n 0?1Q D M Q M N 111 N N 00 00 tip F gN N Ip iv !? O ?D .-1 .? c ?+ c fe LM Co Q 'Mr Ln i N N N o a o _< ? o 06 In = y f O O q a9 tl' N O J M M M E Q O ~i .?A a o o o c ?N ° ?n .+ o U. 0 o b?c nN E Z O O N ~ 6 y N I? u S f? N ?r ? N co fr'1 H Y/ N r = d 4! X c ) 8 d 6 1^ CL ad+ q v u? 9 2-2 ~ a 8 8 S 5 S 3 5 0 O O o C13 Id > p oC v O Q '= C N V, - co O C. O O O .--4= rlj V, - Ol C. CD 0 rn C., C-.? N N M CM M O N v _T n m Guardian Receivership Services Receiver for SFN PA LLC Hillside Cash Summary Currrent Month June Beginning G/L Balance 8,372.79 Berkadia Funding 0.00 Berkadia Distribution 0.00 Total Receipts 34,747.15 Total Disbursements (32,492.36) Ending G/L Balance 10,627.58 Year To Date Receivership 2011 24,529.73 0.00 0.00 79,819.71 0.00 (62,000.00) 194,569.93 654,173.38 (208,472.08) (661,365.51) 10,627.58 10,627.58