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HomeMy WebLinkAbout01-0839 PARTIES Dobt,e~. name (last name first if indivMuai) and mailing address: Keystone Operating Partnership, L.P. 200 Four Falls Corporate Center Suite 208 West Conshohocken, PA 19428 Debtor name {last name first if individual) and mailing address: Debtor name Cast name first if individual) and mailing address: aa lb Secured Party(les) names(s) (last name first if indivMuai) and address for security interest information: Fleet National Bank, as Agent 100 Federal Street Boston, MA 02110 Att: Real Estate Division 2 Assignee(a) of Secured Party name(s) (last name first if individual) and address for security interest information: 2e Special Types of Parties {check if applicable): [] The terms "Debtor" and "Secured Party" mean "Lessee" and "Lessor," respectively. [~ The terms "DeMor" and "Secured Party" mean "Cansigeea" and "Consignor," respectively. [~ Debtor is a Transmitting Utility. 3 SECURED PARTY SIGNATURE(S) This statement is filed with only the Secured Party's signature to perfect a security interest in collateral (check applicable box(es))- a. [] acquired after a change nf name, identity or corporate structure of the Debtor. b. [~ as to which the filing baa lapsed. c, already subject to a security interest in another county in Pennsyivania- ~when the collateral was moved to this county. ~lwhen the Debtor's residence or place of business was moved to this county. d. akeady subject to a security interest in another jurisdiction- ~when the cogateral was moved to Pennsylvania. [~when the Debtor's location was moved to Pennsylvania. e. I~ which is proceeds of the collateral described in block 9, in which a security interest was previously perfected (also describe proceeds in block 9, if purchased with cash proceeds and not adequately described nn the original financing statement). Secured Party Signature(s) (required only if box(es) is checked above): STANDARD FORM - FORM UCC-1 (7-89) Approved by SecretarV of Commonwealth of Pennsylvania FINANCING STATEMENT Uniform Commercial Cede Form UCC- IMPORTANT-Please read iustructiees on reverse side of page q before completing Unto, Time, Filing Office (stamped by filing officer): Filing No. (stamped by filing officer): This Financing Statement is presented for fg{n9 pursuant to th~';L~fufnrm ~mercial ~de and is to be fi~ed with the (check appbcab~e box): ~ ~ ;' ' ~ / E3 Secretary of the Commonwealth. ' ':: ~ r~ Prothonotary of ~J~m~: ~d ~ ~-.~ :~unty. ~ real estate records of ~ ' ~ County. Number of Additfonai Sheets (if any): OptionalSpecialldentifieation(Max. fO characters): /~/-~ COLLATERAL Identify collateral by item and/or type: The collateral described on Exhibit "B" attached hereto and incorporated herein, which is located in, on or about or used or intended to be used at or in connection with the real property described on Exhibit "A" attached hereto and incorporated herein :J{~(check only if desired) Products of the collateral are also covered. 9 Identify related real estate, if applicable: The cogateral is, or includes (check appropriate box(es))- a. [~ crops 9rowing ar to be grown on - b. [~ 9oDds which are or are to become fixtures on - c. [] minerals or the like (including oil and gas) as extracted on * d. E~] accounts resulting from the sale nf minerals or the like (including oil and gas) at the weghead or minehead on - the following real estate: Street Address: 75 Pleasantview Drive Described at: Book of (check one) [~ Deeds [~ Mortgages, at Page{s) for County. Uniform Parcel Identifier ~ Described on Additional Sheet, Name of record owner (required only if no Debtor has an interest of record): OEBTUR SIGNATURE(S) Oehtor Signature(e): SEE ATTACHED SIGNATURE PAGE lb RETURN RECEIPT TO: ;IRST AMERICAN TITLE INSURANCE CO. tWO PENN CENTER PLAZA, SUITE 1910 PHILADELPHIA, PA 19102 , NOTE - This page wiD not he r uCrned~h~t;e/~l~l'~r~ontlf (1) FILING OF~CE ORIGINAL ,00 State. SIGNATURE PAGE ATTACHED TO UCC-1 FINANCING STATEMENT KEYSTONE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership By: Keystone Property Trust, a Maryland real estate investment trust, its sole general partner By: ~PHEN ,J. BUTTE Title: Senior Vice President ATLANTA:4229033. I EXHIBIT A 75 Pleasant View Drive: ALL THAT CERTAIN tract or piece of ground with improvements erected thereon, situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described according to a ALTA/ACSM Land Title Survey of 75 Pleasant View Drive prepared by Hartman and Associates, Inc., Camp Hill, PA, dated 12/7/00, last revised 12/29/00 as follows: BEGINNING at a point, said point being located on the centerline of Pleasant View Drive and being referenced from the centerline intersection of Pleasant View Drive and Lilac Drive North 81 degrees 39 minutes 22 seconds East, a distance of 26.30 feet; thence through Pleasant View Drive and along land now/late of Pennsylvania Lines, L.L.C. (Norfolk Southern) South 08 degrees 20 minutes 38 seconds East, a distance of 1000.00 feet to a point; thence along the same South 09 degrees 51 minutes 34 seconds West, a distance of 201.94 feet to a point; thence along the same on the arc of a curve curving to the left having a radius of 472.68 feet and an arc length of 379.33 feet to a point on the Northern right-of-way line of land now/late of Norfolk Sonthem Railroad; thence along the Northern right-of- way line North 53 degrees 43 minutes 00 seconds West, a distance of 620.67 feet to a point at land now/late of Rubin Development Associates; thence along land now/late of Rubin Development Associates and land now/late of Robert H. Bruckner and through a portion of Pleasant View Drive North 08 degrees 20 minutes 38 seconds West, a distance of 1123.76 feet to a point on the centerline of Pleasant View Drive; thence along the centerline of Pleasant View Drive North 81 degrees 39 minutes 22 seconds East, a distance of 474.00 feet to a point, the place of beginning. CONTAINING 610,122.5497 SQ. FT. or 14.0065 acres. BEING known as 75 Pleasant View Drive and designated as Tax Parcel #08-567-31. BEING part of the same premises which The Pillsbury Company, a Delaware corporation by Deed dated 10/31/1983 and recorded in the County of Cumberland on 11/1/1983 in Deed Book L-30 page 80, granted and conveyed unto Dauphin Distribution Services Co., a Pennsylvania corporation AND the said Dauphin Distribution Services Co. changed its named to Exel Logistics-Grocery Services, Inc. AND the said Exel Logistics-Grocery Services, Inc. merged into Trans Ubiquity Corp., a Massachusetts corporation as evidenced by Articles of Merger filed 12/31/1991 with the Secretary of State for the Commonwealth of Pennsylvania AND the said Trans Ubiquity Corp. on 2/25/1992 changed its name to Exel Logistics, Inc. AND the said Exel Logistics, Inc, changed its name to Exel, Inc. by Articles of Amendment filed 9/1/2000 with the Secretary of State of the Commonwealth of Pennsylvania. ATLANTA:4276631 1 EXHIBIT "B" All of Debtor's right, title and interest in and to the following: a. All that certain tract or parcel of land, more particularly described in Exhibit A attached hereto and by this reference made a part hereof, together with all right, title and interest of Debtor, including any after-required title or reversion, in and to the rights-of-ways, streets and alleys adjacent thereto, and all easements, rights-of-way, licenses, operating agreements, strips and gores of land, vaults, streets, ways, alleys, passages, sewers, sewer rights, waters, water courses, water rights and powers, oil, gas and other minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the land or under or above same, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating to or appertaining to said tract or parcel of land or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor and the reversion and reversions, remainder and remainders, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of the Debtor of, in and to the same (hereinafter referred to as the "Land"); and b. All buildings, structures, parking areas, landscaping, and other improvements of every nature now or hereafter situated, erected or placed on the Land (hereinafter referred to as the "Improvements"), and all materials intended for construction, reconstruction, alteration and repairs of the Improvements now or hereafter erected, all of which materials shall be deemed to be included within the Improvements immediately upon delivery thereof to the Land; and c. All fixtures, machinery, equipment, fumiture, furnishings, inventory, building supplies, appliances and other articles of personal property (hereinafter collectively referred to as the "Personal Property"), including, but not limited to, all vehicles, books, gas and electric fixtures, radiators, heaters, furnaces, engines and machinery, boilers, ranges, ovens, elevators and motors, bathtubs, sinks, commodes, basins, pipes, faucets and other plumbing, heating and air conditioning equipment, mirrors, refrigerating plant, refrigerators, iceboxes, dishwashers, carpeting, floor coverings, furniture, light fixtures, signs, lawn equipment, water heaters, and cooking apparatus and appurtances, and all other fixtures and equipment now or hereafter owned by Debtor and located in, on or about, or used or intended to be used primarily with or in connection with the use, operation, or enjoyment of the Land or the Improvements, whether installed in such a way as to become a part thereof or not, including all extensions, additions, improvements, betterments, renewals and replacements of any of the foregoing and all the right, title and interest of Debtor in and to any of the foregoing now owned or hereafter acquired by Debtor, all of which are hereby declared and shall be deemed to be fixtures and accessions to the freehold and a part of the Improvements as between the parties hereto and all persons claiming by through or under them; and Page 1 of 2 ATLANTA:4229035 I d. All right, title and interest of Debtor in and to all policies of insurance, causes of action, licenses, franchises, permits, certificates of occupancy, air rights, service contracts, maintenance contracts, property management agreements, equipment leases, contract rights, all purchase options, option agreements, rights of first refusal and leasehold estates, tradenames, trademarks, servicemarks, logos, goodwill, accounts, deposits, chattel paper and general intangibles as defined in the Uniform Commercial Code as enacted in the state in which the above-described property is located which in any way now or hereafter belong, relate or appertain to the Land, the Improvements, the Personal Property or the Contracts or any part thereof now owned or hereafter acquired by Debtor, including, without limitation, all condemnation payments, insurance proceeds, title insurance awards and escrow funds (hereinafter referred to as the "Intangible Property"); and e. All present and future leases, subleases, tenancies, occupancies and licenses, whether written or oral, and guaranties and other agreements (such as escrow agreements) relating thereto, of the Land, the Improvements, the Personal Property and the Intangible Property, or any combination or part thereof ("Leases"), and all income, accounts, rents, issues, royalties, profits, judgements, revenues, security or other deposits and other benefits of the Land, the Improvements, the Personal Property and the Intangible Property, from time to time accruing, all payments under Leases, and all payments on account of oil and gas and other mineral Leases, working interests, production payments, royalties, overriding royalties, rents, delay rents, operating interests, participating interests and other such entitlements, and all the estate, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Debtor of, in and to the same (hereinafter collectively referred to as the "Revenues"); and f. All the right, title, interest of Debtor in and to all construction contracts, subcontracts, architectural agreements, labor, material and payment bonds, deposits, assurances, guaranties and warranties, all building permits, governmental permits, licenses, consents, approvals and authorizations now or hereafter granted or issued, and all tradenames, trademarks, servicemarks and logos used, in connection with the construction, development or operation of the Improvements and plans and specifications relating to the construction of Improvements on the Land, whether now or hereafter existing, including, without limitation (i) any architectural or engineering agreement entered into with respect to the design of said Improvements and other architectural or engineering services, (ii) the plans and specifications for the construction of said Improvements prepared by the architect, and (iii) any contractor's agreement entered into with respect to construction of Improvements on the Land (hereinafter collectively referred to as the "Contracts"); and h. All proceeds, products, substitutions and accessions of the foregoing of every type. Page 2 of 2 ATLANTA:4229035 1