HomeMy WebLinkAbout01-1091 PARTIES
Debtor name (lasl name brst d iedividual) and mailklg address:
Oct ,O ssoc,oJ'er
Debtor name (last name first if individual) and maili~J address:
FINANCING STATEMENT
Uniform Commercial Code Form UCC-I
IMPORTANT ~ Please read inslrucllons on
reverse side of page 4 before completing
Filing No. {stamped by filing olficer): Date, lime, Filing Office (stamped by liling officer)
¢ ~ Prolhoootary of -
Number of Additional Sbeels (if any):
lb
Secured ParlyJlesJ name(s) (lasl nanm first il imfividual) and address lot security Oplional Special Idenlilicafian (Max. 10 characters):
inlerect inlormabon:
Assignee s DJ 5ecure~ Perly name S last ~ame Ibol il iodividual and address
or ~cudly nleresl inlermal on:
COLLATERAL
5
ahd tS Io be filed
County.
Counly.
6
7
8
2o
Special Types of Parties (chock il applicable):
[] Tile lerms "Deblor" and "S~ured Party" mean "Lessee" and "Lessor," [] (check only il desired) Pro(hlcls of Ihe collaleral are also covered,
respectively. Identify related real estale, il applicable: The collateral is, or includes (check appropriate box(es)) -
[] The lerms "Oebtor" and "Secured Parly" mean "Consignee" and "Consignor,"
msboclively.
[] Deblor is a Trausmilting Ufilily.
3
SECURED PARTY SIGNATUREJS)
This $lalemenl is filed wilh only the Secured Party's signature J0 petJecI
a security interest in collaleral (check applicable box(es)) -
a. [] ecqoired otter a change oJ name, identity or corporate struclure of Ihe Debl0r.
b. [] as l0 which the filing has lapsed.
c. already SuJ~jecl 10 a secudly interesl in another county Jn PanecylvanJa- [] whorl the collateral wa~ moved Io Ihis county.
[] when lbo Deblor's residence or place of business was moved 10
this county.
d. already subjecl to a secnrJly J01ems( in anolher juri;diclJon -
[] whec the collateral was moved l0 PerlrlsylvaoJa.
e. [] which iS proceeds al Ibc e011aleral described in block 9, in which a
Secofgy inleresl was previollSly perlecled (also describe proceeds in lb
block 9, il purcbased will) cash proceeds and not adedualely described REIUflN RECEIPT TO:
on lbo original financing statement).
(required only il box(es) is checked above):
a. [] crops glowing or l0 be grown on -
b. [] goods which are or are Ia become fixlures on -
c. [] minerals or the like (Jecluding oil and gas) as extraclod on -
d. [] accounts resubing fram the sale of minerals Or the like (including oil and qas) al tile wellhead or
,he ,o,,ow,.g.ea, es,a,e: ;4
Described at: Book al (check one) [] Deeds [] Mortgages, at Page(s)
lot Couuly. Unilorm Parcel Identifier
[] Deccdbed on Addqional Sheet.
Name of record owner (required only if no Debtor has an in~erest o[ record):
DEBTOR SIGNATUREJS)
Debtor Signatum(s): __
10
Exhibit "A"
TRACT
ALL THAT CERTAIN parcel of land located in the Upper Allen Township, Cumberland County,
Pennsylvania in accordance with a plan entitled "Final Re-Subdivision Plan for R.A. Ortenzio," dated
October 11, 1976 and last revised November 16, 1976, and being more fully described as follows:
BEGINNING at an iron pin found along the northern right-of-way line of Geneva Drive (50' Right-
of-Way) at the dividing line between land now or formerly of Belle Terre and land of Harlan J. Wall
& Rhett Corp. d\b\a Butler Joint Venture;
THENCE along said land of Harlan J. Wall & Rhett Corp. d\b\a Butler Joint Venture, North
22°18'55' West, a distance of 554.17 feet to an iron pin found along the southern property line of
land now or formerly of Oxford Manor Apartments;
THENCE along said Oxford Manor Apartments, North 67034'30" East, a distance of 612.48 feet to
an iron pin found along the land now or formerly Lot 4 of block "N" of the Windsor Park
Subdivision;
THENCE along said Lot 4 and continuing along lots 3, 2, and I of Windsor Park Subdivision and
land now or formerly of Walter Witt & Ronald L. Felty, South 44°02'19' East, a distance of 323.90
feet to an iron pin to be set along the northern right-of-way line of Geneva Drive (50' Right-of-Way);
THENCE along said right-of-way line the following three (3) courses and distances:
Along a curve to the left having a radius of 225.00 feet, a delta angle of 31 °17'05", an arc
length of 122.85 feet, and a chord bearing and distance of South 37°29'01" West, 121.33 feet,
to a point;
Thence, along a curve to the right having a radius of 175.00 feet, a delta angle of 30°52'39",
an arc length of 94.31 feet, and a chord bearing and distance of South 37° 16'48" West, 93.17
feet, to a point;
South 52°4Y08' West, a distance of 566.35 feet to an iron pin found at the dividing line
between said land of Belle Terre and land of Harlan J. Wall & Rhett Corp. d\b\a Butler Joint
Venture, the place of BEGINNING.
CONTAINING: 7.14 acres or 310,890 square feet more or less.
Subject to all covenants and agreements of record.
BEING the same property as was conveyed to Belle Terre, a Pennsylvania limited partnership, by
deed dated January 31, 1978 and recorded in the office of the Recorder of Deeds of Cumberland
County on March 9, 1978, in Deed Book 27-R, page 367. By Certificate of Merger filed with the
Department of State on February 21, 2001, Belle Terre merged with Octagon Associates, a
Pennsylvania limited partnership, leaving Octagon Associates as the surviving limited partnership.
TRACT 2
ALL THAT CERTAIN parcel of land located in Upper Allen Township, Cumberland County,
Pennsylvania, being shown on a plan entitled "ALTA/ACSM Land Title Survey For Octagon
Associates" by Dawood Engineering, Inc., said plan being dated February 8, 2001, and being more
folly described as follows:
BEGINNING at an existing 5/8~ rebar at the western right-of-way line of Nanroc Drive where said
line intersects with the southern line of lands of John E. Sroka as described in Deed Book 101, Page
10, Tract #1;
THENCE along said Nanroc Drive right-of-way, the following four courses and distances:
1. Along a curve to the left, having a radius of 175.00 feet, a delta angle of 14 degrees 36'57~, an
arc length of 44.64 feet, and a chord bearing and distance of South 79048'24'' East, 44.52 feet
to a 5/8" rebar to be set;
2. South 87°06'50'' East a distance of 143.17 feet to an 5/8" rebar to be set;
3. Along a curve to the right, having a radius of 110.00 feet, a delta angle of 49°43'20#, an arc
length of 95.46 feet, and a chord bearing and distance of South 62°15'10~ East, 92.49 feet to a
5/8" rebar to be set;
4. South 37°23'30' East a distance of 204.57 feet to an existing concrete monument at the
northern line of lands of Liberty Square as described in Deed Book Y-28, Page 121;
THENCE along said lands, South 52°36'30~ West a distance of 315.13 feet to an 5/8 rebar to be set
at lands of David K. & Marrietta M. Wilgus as described in Deed Book 166, Page 112, Parcel #1.
THENCE along said lands the following two(2) courses and distances.
1. North 40019'57'' West a distance of 121.70 feet to an 5/8" rebar to be set;
2. South 52 °36'30~ West a distance of 46.31 feet to an 5/8" rebar to be set at lands of John E.
Sruka as described in Deed Book 188, Page 1097;
THENCE along said lands and along lands of John E. Sroka as described in Deed Book 188, Page
1097, North 37°23'30~ West a distance of 292.38 feet to an existing 5/8" rebar;
THENCE along the same, North 52°36'30~ East a distance of 189.54 feet to an existing 5/8" rebar,
the place of BEGINNING.
CONTAINING: 3.0103 acres or 131,128 square feet more or less
Subject to all covenants and agreements of record.
BEING the same property as was conveyed to Octagon Associates, a Pennsylvania limited
partnership, by deed dated December 30, 1985 and recorded in the office of the Recorder of Deeds of
Cumberland County on December 31, 1985, in Deed Book 31-R, page 8.
Page 2
7e/fiso~
Loan No. V_11830
Debtor: OCTAGON ASSOCIATES
Tax I.D.: 25-1513036
Secured Party: MORGAN GUARANTY TRUST COMPANY OF NEW YORK
EXHIBIT "B"
to
UCC Financing Statement
All of Debtor's estate, right, title and interest in, to and under the following described
property whether now owned or hereinafter acquired by Debtor (collective/y, the "Property")
1. Land. The real property described in Exhibit A attached hereto and made a part
hereof (collectively, the "Land"), together with additional lands, estates and development rights
hereafter acquired by Debtor for use in connection with the development, ownership or
occupancy of such real property, and all additional lands and estates therein which may, from
time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of that
certain Mortgage and Security Agreement executed in connection herewith (the "Security
Instrument");
2. Improvements. The buildings, structures, fixtures, additions, accessions,
enlargements, extensions, modifications, repairs, replacements and improvements now or
hereafter erected or located on the Land (the "Improvements");
3. Easements. All easements, rights-of-way or use, rights, strips and gores of land,
streets, ways, alleys, passages, sewer fights, water, water courses, water rights and powers, air
fights mhd development fights, and all estates, rights, titles, interests, privileges, liberties,
servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way
now or hereafter belonging, relating or pertaining to the Land mhd the Improvements and the
reversion and reversions, remainder and remainders, and all land lying in the bed of any street,
road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof
and all the estates, rights, titles, interests, dower and rights of dower, curtesy and fights of
curtesy, property, possession, claim and demand whatsoever, both at law mhd in equity, of Debtor
of, in and to the Land and the Improvements and every part and parcel thereof, with the
appurtenances thereto;
4. Fixtures and Personal Property. All machinery, furnishings, equipment, goods,
inventory, consmner goods, fixtt~res (including but not limited to all heating, air conditioning,
plumbing, lighting, fans, alarm systems, communications mad elevator fixtures) and other
property of every kind and nature, whether tangible or intangible, whatsoever owned by Debtor,
or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the
Improvements, or appurtenant thereto, and usable in connection with the present or future
operation and occupancy of the Land and the hnprovements, including without limitation, chairs,
desks, lamps, mirrors, bookcases, tables, couches, shelves, outdoor furniture, grills, cabinets,
rugs, carpeting, floor coverings, draperies and drapery rods and brackets, curtains, shades,
venetian blinds, screens, awnings, paintings, hangings, pictures, keys or other entry systems,
cable t.v. equipment, intercom equipment, electric and electronic equipment, private telephone
systems, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus,
fittings, plants, stoves, ranges, microwaves, dishwashers, garbage disposal un/ts, refrigerators,
washers and dryers, tools, lawn mowers, pool equipment, exercise equipment, machinery, water
heaters, incinerators, mach/nes, engines, boilers, dynamos, elevators, stokers, tanks, office
supplies, other customary apartrnent equipment, and all building equipment, materials and
supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an
interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto,
or usable in cormection with the present or future operation, enjoyment and occupancy of the
Land and the Improvements and the right, title and interest of Debtor in and to any of the
Property which may be subject to any security interests, as defined in the Uniform Commercial
Code, as adopted and enacted by the State or States where any of the Property is located (the
"Uniform Commercial Code") superior in lien to the lien of the Security Instrument and all
proceeds and products of the above;
5. Leases and Rents. All leases and other agreements affecting the Use, enjoyment
or occupancy of the Land and the Improvements heretofore or hereafter entered into, whether
before or after the filing by or against Debtor of any petition for relief under 11 U.S.C. § 101 et
seq., as the same may be amended from time to time (the "Bankruptcy Code") (individually, a
"Lease"; collectively, the "Leases") and all right, title and interest of Debtor, its successors and
assigns therein and thereunder, including, without limitation, cash or securities deposited
thereunder to secure the performance by the lessees of their obligations thereunder and all rents
(including all tenant security and other deposits), additional rents, revenues, issues and profits
(including all oil and gas or other mineral royalties and bonuses) from the Land and the
hnprovements whether paiil or accruing before or after the filing by or against Debtor of any
petition for relief under the Bankruptcy Code (collectively the "Rents") and all proceeds from the
sale or other disposition of the Leases and the right to receive and apply the Rents to the payment
of the Debt;
6. Conde~rmation Awards. All awards or payments, including interest thereon,
which may heretofore and hereafter be made with respect to the Property, whether from the
exercise of the right of eminent domain (including but not limited to any transfer made in lieu of
or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to
or decrease in the value of the Property;
7. Insurance Proceeds. All proceeds of and any unearned premiums on any
insurance policies covering the Property, including, without limitation, the right to receive and
apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage
to the Property;
8. Tax Certiorari. All refunds, rebates or credits in co~mection with a reduction in
real estate taxes and assessments charged against the Property as a result of tax certiorari or any
applications or proceedings for reduction;
9. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of
the foregoing ~ncluctmg, without limitation, proceeds of insurance and condemnation awards,
into cash or liquidation claims;
10. Rights. The fight, in the name and on behalf of Debtor, to appear in and defend
any action or pr-F6E~ding brought with respect to the Property and to commence any action or
proceeding to protect the interest of Secured Party in the Property;
11. Agreements. All agreements, contracts (including pumhase, sale, option, fight of
first refusal and other contracts pertaining to the Property), certificates, instruments, franchises,
permits, licenses, approvals, consents, plans, specifications and other documents, now or
hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use,
occupation, construction, management or operation of the Property (including any Improvements
or respecth~g any business or activity conducted on the Land and any part thereof) and all right,
title and interest of Debtor therein and thereunder, including, without limitation, the right, upon
the happening of any default hereunder, to receive and collect any sums payable to Debtor
thereunder;
12. Trademarks. All tradenames, trademarks, servicemarks, logos, copyrights,
goodwill, books and records and all other general intangibles relating to or used in connection
with the operation of the Property;
13. Accounts. All accounts, accounts receivable, escrows (including, without
limitation, all escrows, deposits, reserves and impounds established pursuant to that certain
Escrow Agreement for Reserves and Impounds of even date herewith between Debtor and
Secured Pm'ty), documents, instruments, chattel paper, claims, reserves (including deposits)
representations, warranties and general intangibles, as one or more of the foregoing terms may be
defined in the Uniform Commercial Code, and all contract rights, franchises, books, records,
plans, specifications, permits, licenses (to the extent assignable), approvals, actions, choses,
claims, suits, proofs of claim in bankruptcy and causes of action which now or hereafter relate to,
are derived from or are used in connection with the Property, or the use, operation, maintenance,
occupancy or enjoyment thereof or the conduct of any business or activities thereon; and
14. Other Rights. Any and all other fights of Debtor in and to the Property and any
accessions, renewals, replacements and substitutions of all or any portion of the Property and all
proceeds derived from the sale, transfer, assignment or financing of the Property or any portion
thereof.
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