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HomeMy WebLinkAbout01-1576 COMMONWEALTH OF PENNSYLVANIA - UCC1 PARTIES Debtor name (last name hrSt It individual) an(I mailing address: BEG ~ropez'ty LLC c/o U.S. Realty Advisore, LLC 1370 Avenue of ~he Americas 29th Floor. New York, ~Y 10019 ~ ~me~stname~mtffl~to~l)a~malll~addmss: FINANCING STATEMENT Uniform Commercial Code Form UCC-1 Fdiog NO. (stamped by filing officer): Date, Time, Flflng Ufflse (stamped by filing otocer): Debtor name (mst name lirst it ifxlfvntual) and madmg address: Secured Party(m) name(s) (laSt name hrst it mdwldual) and address /or security interest in/ormefion: Berkshire Hathaway Credit Corporation, a Nebraska Corporation 1440 F~ewit Plaz& Omaha, NE 68131 ASslgnae(s) of secured Patty name(s) (last name first i1~ndlVldUal) and address/or security inlerast information: 5pecioJ lypec of Par tins (check it applicable): I'lThe totals 'Debtor' ~ 'Secu~d Par~' mean'Lessee' and "Lessor,' [] The teffns 'Debtor' and 's~md ?an/menu 'coregnee are · co~gsor" mspec~way, [] Dehtoris a Traesmit~ ~kty. SECURITY PARTY SIGNATURE(S) Th~ statement is filed with onty the Secured Party's signature to perfect a ssaudty interest in collateral (check appliGnble box(es))- a. [] acquirnd alter a change of name, identity or corporate s~'uctore of the Debtor, h. [] as to which the filing has lapsed. c. alrsaby subject to a sucuri~/Intelsat in another county in Pennsylvania. []when tee sellatefal was re(wed th this county. this county. d. already subject th a sscurity interest in anofhe~ jurisdiction- ~curity interest was prssiousty prefected (also desurihe proceeds in blsuk 9, If purehasnd wlte c~il proceeds and not adequately Secured Party Signature(a) (required only if box(se) is checked abo~e): Berksh/re Hathaw&v Credit Corporation, a Nebraska COrpOr&t~on lb ~his financing Statomeof is prssemed for filing pursuant to the Unarm Commercial Code, and is to be file~ with the (check applicable hex): [] Sssretary of the Commonweal. [] Proteosetaryof O,,,*herl~,nd Cecn~. [] rsal es~aM records of Courdy. Number of Add~honal 5asets (it afly): '~, ~ OptiOnal Special identdmoffon (Ma[ 10 c~'laractors): ~"/'~:~ COLLATERAL Identity collateral by Item and/~r type: See Exh:Lbtt: A and Exhlb:Lt B atl~re~ofd ~reto! and 2 incorporated herein. Zt~'~::~:~ :.<~ ~ ~? ~Q (check only if dsair~d) Products of the cofiateral are also covwnd. Identify related real estate, if appflnable: The colJab~r~l is, or tnclu~s (check appropdato box(ns))- c. [~ minwate or the like (including oil and gan ) as nas'acted on - d. [] accounte rssultMg from tee safe of ~narels ar the like (including oil and gas) at the wellhsad or 3 Desuribasat:Bonk of(checkose) [] Deeds [] Mmtgagss, atPaga($) me of record owner (required ordy ff no Debar has a~ inl~rect of record): - pebtor Signature(s}: 1 BHG~LC DEBTOR SIGNATURE(S) Chicago Title Insurance Company Attention: E. Riley - ~/~ oo3~'? 1601 Market Street, Suite 2550 Philadelphia, PA 19103 )Il 6 7 8 9 10 11 4 308 Approved by the 6eomtaW of the Oommonwealth of Pennsylvania 12 EXHIBIT A TO FINANCING STATEMENT DEBTORS: SECURED PARTY: BHG PROPERTY LLC c/o U.S. Realty Advisors, LLC 1370 Avenue of the Americas New York, NY 10019 BERKSHIRE HATHAWAY CREDIT CORPORATION, a Nebraska corporation 1440 Kiewit Plaza Omaha, Nebraska 68131 ALL DEBTORS RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING DESCRIBED PROPERTY (the."Coilatera£'): I. that certain parcel of real property more particularly described on Exhibit B attached hereto and made a part hereof (the "Land"); II. the buildings, foundations, structures and improvements now or hereafter located on the Land together with all plumbing, electrical, ventilating, heating, cooling and other utility systems, equipment, ducts, pipes and other fixtures attached to or comprising a part thereof (collectively, the "Improvements"); III. all right, title and interest to the streets and roads, opened or proposed, abutting the Land, all strips and gores within or adjoining the Land, the air space and right to use the air space above the Land, all rights of ingress and egress to and from the Land, all easements, rights of way, reversions, remainders, hereditaments, and appurtenances now or hereafter affecting the Land or the Improvements thereon, all royalties and rights and privileges appertaining to the use and enjoyment of the Land or the Improvements thereon, including all air, lateral support, alley, drainage, water, oil, gas and mineral rights, options to purchase or lease, and all other interests, estates or claims, in law or in equity, which now has or hereafter rhay be acquired in or with respect to the Land or the Improvements thereon (collectively, the "Appurtenances"); IV. all rents, income, revenues, issues, awards, proceeds and profits from and in respect of the property which are specifically assigned in the Indenture, it being the intention of the parties hereto that, so far as may be permitted by law, all property of the character hereinabove described which is now owned or held or is hereafter acquired by the Debtors and is affixed, attached and annexed to the Land shall be and remain or become and constitute a portion of the Collateral and the security covered by and subject to the lien hereof. The Land together with the Improvements, the Appurtenances and the other property described above relating thereto are herein collectively called "Property"; V. all furnaces, boilers, machinery, motors, compressors, elevators, fittings, piping, conduits, ducts, air conditioners, partitions, mechanical, electrical and HVAC systems and apparatus of every kind and all other fixtures, equipment and other personality owned by the Debtors and located on, attached, affixed or incorporated into the Land and Improvements including, without limitation, all seating, tables, beds, draperies, cabinetry, chairs, mirrors, nightstands, furniture, furniture accessories, bathroom accessories, floor coverings, curtains, lighting, appliances, lighting, tableware, table accessories, kitchen and laundry equipment, audio-visual equipment, wall decorations, office furniture, office and conference accessories, television wiring and ,._j~.ac...k~s2.and other miscellaneous fimxiture, fixtures and equipment now or hereafter located on th~ai~i:l and ased in the operation of the Improvements, including, without limitation, all replacements thereof (collectively the "FF&E"), in which Debtors now or hereafter have a possessory or title interest and now or hereafter installed or located in or on any Property (excluding Tenant's Personal Property) and all building materials, supplies and equipment now or hereafter delivered to Property owned by Debtors and intended to be installed therein; all fixtures, other goods and personal property of whatever kind and nature now contained on or in or hereafter placed on or in Property and used or to be used in connection with the letting or operation thereof, in which Debtors now have or hereafter may acquire a possessory or title interest (but specifically excluding inventory) and all renewals or replacements of any of the foregoing property or articles in substitution thereof (collectively, the "Equipmen£'); VI. all right, title and interest of Debtors, whether now or hereafter acquired and wherever located, in, to and under all accounts and escrows, documents, instruments, chattel paper, claims, deposits, money, investment securities and general intangibles, as the foregoing terms are defined in the Uniform Commercial Code as in effect from time to time in the state, including any amendments, modifications or successor statutes thereto (the "Code"), and, to the extent that any of the collateral is not governed by the Code in the state, the defined term "Code" shall include any applicable common law or statute in the state relating to the perfection and/or pribrity of Secured Party's security interest therein, all property and insurance policies, title insurance policies, all contract rights (including all construction contracts, architects' contracts and engineers' contracts or other contracts relating to the construction of any Improvements and ali Appurtenant Agreements and all franchise agreements, management agreements and operating agreements relating to the operation of the Properties), franchises, books, records, surveys, plans, specifications, designs, drawings, permits, consents, licenses (to the extent assignable), approvals, actions, proceedings and causes of action which now or hereafter relate to, are derived from or used in connection with Property or the ownership, construction, use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (collectively, the "Intangibles"); FHFSJ/DC02~45254 VII. all right, title and interest of Debtors, whether now or hereafter acquired and wherever located, in, to and under the Master Lease, the Master Sublease and all other leases, subleases, lettings, tenancies and licenses (to the extent assignable) of a Property or any part thereof now or hereafter entered into and ail amendments, extensions, renewals and guaranties thereof, all security therefor, and ail moneys payable thereunder (collectively, the "Leases"); VIII. ail rents, income, issues, profits, loss proceeds, purchase prices, payments of stipulated loss value, security deposits and other benefits to which Debtors may now or hereafter be entitled from a Property, the Equipment or the Intangibles related thereto, or under or in connection with the Leases, including, without limitation, all income received from tenants, transient guests, lessees, licensees and concessionaires and other persons occupying space at such Property and/or rendering services to tenants thereat (collectively, the "Property Income"); IX. all proceeds, judgments, claims, compensation, awards of damages and settlements with respect to or hereafter made as a result of or in lieu of any condemnation "~"'~f a Property by eminent domain or by any defect or impairment of title with respect to any Property or any casuaity loss of or damage to any Property, the Equipment, the Intangibles, the Leases or the Property Income related thereto, all refunds with respect to the payment of property taxes and assessments or with respect to insurance premiums, and all other proceeds of the conversion, voluntary or involuntary, of a Property, the Equipment, the Intangibles, the Leases or the Property Income related thereto, or any part thereof, into cash or liquidated claims (collectively, the "Proceeds"); and X. all right, title and interest of Debtors now existing or hereafter arising, in and to the Option Agreement, if any, the Tripartite Agreement, if any, the Master Lease, the Master Sublease, the Master Lease Guaranty and all other instruments and agreements (including title insurance policies) relating to the ownership, operation, maintenance, leasing, financing or management of the Property and all sums now or hereafter payable to Debtors with respect thereto, including, without limitation, the present and continuing right to make claim for, collect, receive and receipt for any and all of the rents, payments, income, revenues, issues, awards, proceeds and profits and other sums of money payable or receivable thereunder, including, without limitation, all of Debtors' right, title, interest and estate in, to and under any and all warranties and other claims against dealers, manufacturers, vendors, contractors, subcontractors, architects and others relating to the construction, use or maintenance of the Landlord's Interest. EXHIBIT B TO FINANCING STATEMENT DESCRIPTION OF PROPERTY EXHIBIT "B" Site Number 1297 1153 Harrisburg Pike Carlisle, Pennsylvania ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in Middlesex Township, Cumberland County, Pennsylvania, more particularly described, as follows: BEGINNING at an iron pin found in the southeast legal right-of-way line of U.S. Route #11, known as the Carlisle Pike, said point being located and referenced from the centerline intersection of Shady Lane (T-9700) and the said Carlisle Pike the following bearings and distances: (1) along the Carlisle Pike N 54 degrees 24' 30" E, a distance of 175.93' to a point; (2) thence along the same N 54 degrees 36' 30" E, a distance of 187.56' to a point; (3) thence across the Carlisle Pike S 34 degrees 45' 09" E, a distance of 35.00' to the point of beginning; THENCE from the said point of beginning along the southeast right-of-way line of the Carlisle Pike (variable right-of-way) N 54 degrees 36' 30" E, a distance of 43.23' to an iron pin found; THENCE along the same N 35 degrees 23' 30" W, a distance of 10.00' to an iron pin found; THENCE along the same N 54 degrees 36' 30" E, a distance of 77.80' to an iron pin found at the right-of-way intersection of the southeast right-of-way line of the Carlisle Pike and the southern right-of-way line of the Pennsylvania Turnpike; THENCE along the southern right-of-way line of the Pennsylvania Turnpike (200' right-of-way) N 88 degrees 49' 30" E, a distance of 990.54' to an iron pin found; THENCE along the lands now or late of Rostan Associates S 1 degree 10' 30" E, a distance of 337.05' to an iron pin found; THENCE along the same S 54 degrees 25' 00" W, a distance of 210.83' to an iron pin with cap set; THENCE along the lands now or late John I. and Linda L. Enk N 32 degrees 19' 30" W, a distance of 27.83' to an iron pin found; 01/31/01 THENCE along the same N 76 degrees 13' 30" W, a distance of 575.54' to an iron pin found; THENCE along the same S 54 degrees 25' 00" W, a distance of 163.72' to an iron pin found; THENCE along the lands now or late of Rostan Associates N 35 degrees 35' 00" W, a distance of 363.72' to an iron pin found at the place of beginning. BEING the same premises which SHIV, INC., a Pennsylvania Corporation, by Deed dated 10/24/1996 and recorded 10/30/1996 in Cumberland County, Pennsylvania in Deed Book 148 page 257, conveyed unto Glasjar Funding, Limited Partnership, in fee. Together with all Easement rights, set forth in that certain Easement from Rostan Associates to The Carlisle Motel dated August 25, 1987, recorded August 26, 1987 in Misc. Book 339, Page 298 as amended by the Agreement dated October 22, 1996 between John I. Enck and Linda L. Enck and Shiv, Inc., recorded in Book 533, Page 831, excluding, however a License to use improvements located in such Easement area. Page 2.