HomeMy WebLinkAbout01-1812 · · PARTIES
FINANCING STATEMENT
Debtor name (last name first if individual) and mailing address: Uniform Commercia!;C...ode ~C-1
Keystone Operating Partnership, L.P. IMPORTANT-Please ~L~d..in..St'~~"~e.,completing
200 Four Falls Corporate Center .,,. ..... ~ ..... ,~,.. :~ ......
Sui t e 2 0 8 Filing No. (stamped by filing officer)' Date, Time, Filih;j 'Off~r6~'~tamped by filing officer):
West Conshohocken, PA 19428
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Debtor name (last name first if individual) and mailing address: i~ ~: :.....-. · .
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la This Financing Statement is presented for filing pursuant to the Uniform Commercial Code,
Debtor name (last name first if individual) and mailing address: and is to be filed with the (check applicable box):
~] Secretary of the Commonwealth
r~ Prothonotary of Cumberland County County.
[-1 real estate records of County.
lb 6
Number of Additional Sheets (if any):
Secured Party(ies) name(s) (last name first if individual) and address
for security interest information: Identification (Max. 10 characters 8
Fleet National Bank, as Agent COLLATERAL
1 O0 Federal Street Identify collateral by item and/ortype:
Boston, MA 02110 The collateral described in Exhibit "B" attached
Att: Real Estate Division hereto and incorporated herein, which is located in,
on or about, or used or intended to be used with or
2 in connection with the real property described in
Assignee(s) of Secured Pa~y(ies) name(s) (last name first if Exhibit "A" at tached hereto and incorporated herein
individual) and address for security interest information: ·
2a
Thial Types of Parties (check if applicable):
e terms "Debtor" and "Secured Party" mean "Lessee" and "Lessor", --'-':' '
respectively.
Products of the collateral are also covered. 9
D The terms "Debtor" and "Secured Party" mean "Consignee" and Identify related real estate, if applicable: The collateral is, or includes (check appropriate bex(es))-
"Consignor," respectively.
a. I--I crops growing or to be grown on -
r'] Debtor is a Transmitting Utility. b. r~ goods which are or are to become fixtures on -
c. r'~ minerals or the like (including oil and gas) as extracted on -
3 d. E] accounts resulting from the sale of minerals or the like (including oil and gas) at the wellhead or
SECURED PARTY mii~head on -
This statement is filed with only the Secured Party's signature to perfect the following real estate: 811 Spangl er Road
a security interest in collateral (check applicable box(es))-
Street Address:
a. [-] acquired after a change of name, identity or corporate structure of Described at: Book~ of (check one) D Deeds ~ Mortgages, at Page(s)
the debtor, for County. Uniform Parcel Identifier
b. I--I as to which the filing has lapsed. ~ Described on Additional Sheet.
Name of record owner (required only if no Debtor has an interest of record):
c. alre_,ady subject to a security interest in another county in Pennsylvania-
II when the collateral was moved to this county. 10
r'] when the Debtor's residence or place of business was moved to DEBTOR SIGNATURF,
this county. Debtor Signature(s):
d. already subject to a security interest in another jurisdiction-
!-! when the collateral was moved to Pennsylvania.
r'lwhen the Debtor's location was moved to Pennsylvania. 1 See Attached Signature Page
e. ["1 which is proceeds of the collateral described in block 9, in which a
security interest was previously perfected (also describe proceeds in la
block 9, if purchased with cash proceeds and not adequately
described on the original financing statement). 1 b 11
RETURN RECEIPT TO:
Secured Party Signature(s)
(required only if box(es),, checked above):FIRST AMERICAN TITLE INSURANCE CO.
TWO PENN CENTER PLAZA, SUITE
PHILADELPHIA, PA 19102
STANDARD FORM - FORM UCC-1 (7-89)
Approved by Secretary of Commonwealth of Pennsylvania FILING OFFICE ORIGINAL
NOTE - This page will not be returned by the Department of 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: ~_ _
Executive Vice Presidem
ATLANTA:4229033. !
Exhibit "A"
LEGAL DESCI~!PTION
ALL TIIAT CERTAIN tract of'land situated in Camp Hill Borough, Cumberland
County, Pennsylvania, more particularly bounded and described as follows:
BI'GINNING at a point at the southwest comer of' lands now or late of'the ~unicipal
Authority of'the Borou~,h of Lemoyne, on the northern line of'lands now or late of'the
Norfolk Southern (Railroad) Corporation, Shippensbur~ Section, said point bein~ fifty-
feet ($0.00') north of' and perpendicular to centedine Station 178 + 43.56; which is thirty-
eight and ninety-four hundredths feet (3S.94'), in an eastwardly direction, alOn~ said
centerline ~om the centerline of'railroad Under~rade Brid~e No. 3.39, which carries
stormwater drainage under said railroad; thence ~rom the point of'BEGINNING alon~
the northern l~in~e_.o_f_t?_l_~,d,s,n.ow..or l~e ofNo..rfolk. South_em Corporation, being fiRy-
feet (50.00'), ~,,, trna par, me~ to me atorement~onea centerline, South seventy-four
degrees, forty-one minutes, zero seconds West ($. 74° 41' 00" W.) a distance ofthree
hundred ninety-one and eight tenths feet (391.80') to a point; thence continuing along
lands now or late of Norfolk Southern Corporation spur siding for ADM Milling
Company South eighty-one de~ees, fifty-two minutes, zero seconds West ($. $1 ° 52' 00"
W.) a distance of twenty-one and ninety-one hundredths feet (21.91') to a point of
curvature; thence along the same on the arc of a curve, curving to the fight, having a
radius of two hundred sixty-nine and ninety-four hundredths feet (R = 269.94') an arc .. ~-..
length of one hundred twenty-three and twelve hundredths feet (L = 123.12'), and a chord
bearing and distance of North eighty-five degrees, four minutes, zero seconds West, one
hundred twenty-two and six hundredths feet (Chd = N. 85° 04' 00" W., 122.069 to a point
of tangency at land now or late of ADM Milling Company; thence along said l~tnd North
seventy-two degrees, zero minutes, zero seconds West (N. 72° 00' 00" W.) a distance of
one hundred four and fifty-five hundredths feet (104.55') to a point of curvature; thence
along the same on an arc ofa curve,-curving to the left, having a radius of three hundred
+fi~e_+.~sd_. .m_' _n e,_t_Y-_~_u_r~ .h, un~ed, t_~ f_e~t_ _(R = 305.94,), an arc length of ninety-three and
_-,~,_?. ~vc-.aunoreo.tn~_ teet (L-- .93.379 and a chord bearing and distance of North
e~gnty-one oegrees, forty-seven nunutes, fifteen seconds West, ninety-three and one
hundredth feet (Chd = N. 81 o 47' '15" W., 93.01') to a point; thence along the same North
fifteen degrees, nineteen minutes, zero seconds West (N. 15° 19' 00" W.) a distance of
~ hunted ninety-nine and sixty-~ hundredths feet (299.639 to a point; thence along
- -- an ar_ ensth of one and twelve feet
' ' ' eet (Chd = S. 77 58 25
,.~_. m.tut~:% twenty secon~ls we, st {,5. 77 15 20" W.) ti distance ofsix hundred nine
ana.?rty-se.ven hundredths feet (609.47') to a point of curva~e; thence.along the same,
on me arc or a curve, curv~__g to the left having a radius of four hundred feet (R =
400.00'), an arc length of two hundred thirtY-one and seventy-eight hundredths feet (L =
231.78'), and a chord bearing and distance of South sixty' degrees, thirty-nine minutes,
_nd, W a. ,ty, o hu.dr? tw -.i ..d hundredth. (Chd
~u ~ ~,ta ~tav~, curwng to me right, having a radius of four hundred fifty feet (R =
450.00'), an arc length oftwo hundred forty six and eighty-nine hundredtl~ feet (L =
246.89'), and a chord bearing and distance of South fifty-nine degrees, forty-six minutes,
twenty-six seconds West, two hundred forty three and eighty-one hundredths feet (Chd =
S. 59° 46' 26" W., 243.81') to a point oftangency on the northern line of lands now or
late of Conewago Contractors, Inc.; thence along said land South seventy-five degrees,
twenty-nine minutes, thirty seconds West (S. 75° 29' 30" W.) a distance of five hundred
nety-seven and seven tenths feet (597.70') to a point on the southeasterly right-of-way
ine of a. Service Road (Spangler Road) to Ramps H and I, SR 0015, formerly LR 21070.
and Ramp "F", SR 0581; thence along the right-of-way line of Ramp "F" North fiRy-~
degrees, ten minute, fifty-three seconds East (N. 52° 10' 53" E.) a distance oftwenty-six
and five hundredths feet (26.05~ to apoim; thence along the same North thirty-nine
degrees, fiRy-eight minutes fifty seconds East (N. 39° 58' 50" E.) a distance of sixty-eight
and thirty-three hundredths feet (68.33) to an iron pipe; th~ along lands now or late of
ADM Milling Company; North seventy-five degrees, twenty-nine minutes, thirty, s~nds
East (N. 75° 29' 30" E.) a distance of five hun&ed eighteen and fitteen hundredths feet
(518.15') to a point of curvature; thence along the same on the are of a curve, curving to
the left, having a radius of four hundred feet (R = 400.00'), an arc length oftwo hundred
nineteen and forty-six hundredths feet (L = 219.'46'), and a chord bearing'and distance of
North fifty-nine degrees, forty-six minutes, twenty-six seconds East, two hundred sixteen
and seventy-two hundredths (Chd = N. 59° 46' 26" E., 216.72~to a point of reverse
curvature; thence along the same on the arc of a curve, curving to the right, having a .-"~- - -
radius offour hundred fifty feet (R = 450.00'), an arc length oftwo hundred sixty and
s.eventy-five hundredths feet (L = 260.75'), and a chord bearing and distance of North
s~ty degrees, thirty-nine minutes, twenty-one seconds East, two hundred fifty-seven and
twelve hundredths feet (Chd = N. 60° 3 9' 21" E., 257.12') to a point oftangency on the
southern fight-of-way line of the Capitol Beltway, Pennsylvania Route 581, SR 0581
(formerly LR 767), a limited access highway; thence along said right-of-way Nort.~
seventy-seven degrees, fifteen minutes, twenty seconds East (N. 77° 15' 20" E.) a
distance of one thousand three hundred nine and five hundredths feet (1309.05') to a point
at other lands of ADM Milling Company; thence along said lands and lands now or late
of Atlas Energy Products and lands now or late of The Municipal Authority of the
Borough of Lemoyne South fifteen degrees, nineteen minutes, zero seconds Ea~ (S. 150
19' 00" E.) a distance of four hundred fifty-nine and thirty-four hundredths, feet (459.34')
to a point on the north.em line of lands now or late of Norfolk Southern Corporation at the-
southwest corner of lands now or late of the Municipal Authority of the Borough of
Lemoyne, the point of BEGINNiNG.
CONTAINING: 395,803.79 square feet or 9:0864 acres.
Bi~ING designated Tax Parcel 22-535-99
EXHIBIT "B"
All of Debtor's fight, 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 repaii:S ' '
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, fumit~e, furnishings, inventory, building
supplies, appliances and other articles of personal property (hereinafter collectively referred to as the
"Personal Property"), including, bm 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 fi'eehold 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 com~ection 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. I