HomeMy WebLinkAbout01-2150 ~,~ - . PART/E8
~:ast name first if individual) and mailing address:
FINANCING STATEMENT
Uniform Commercial Code Form UCC.1
Lane Enterprises, Inc. IMPO_RTAN. T.-.Please mod in&lrucflons
3905 Ha r t z d a 1 e D r iv e revmse mae m page 4 before complefln~n
Suite 514 by
Dam,
Camp Hill, PA 17011 ~c. O/- ~/~-~) ~ C ~_ ~-~,,- by. filing 0racer)
Deifier name (last name first if ng address:
,.-__-~....
i~ ;' .' -~':~ "
This Financing Slatomenf is Presented for filing '":;:-'~ 5
with ~e (check applicable 'box): pursuant to the Uniform Con.~'~ial Cod--~/~ and is
Debtor name (last name .... la [~] Secretary of the Commonwealth. ~::.:' -'. .... ' .... ":
[~] Prothonotary of__ Cumberland :::-'~-' *"" ":'"*: "':' ,' ,-..
· ,: ,:
[~ real estate Records of -~-.....'... ?:- County.
of Additionat Sheets 4 " '~' ' :'~'"" County. 6
8
Identify collateral by item and/or type:
·
?~C Ban~, National Association See Exhibit ~A~ attac~ed ~ereto and incorporated
4242 Carlisle Pike herein by re£ere~¢e.
Camp Hill, PA 17011
Assignee(s)
of Sacured Patty name(s) (last name first if individual) and address
for security interest information:
covered.
Ideetify related real estate, if applicable. The collateral is, or includes (check appropriate box(es))
a. [~ crel~ growing or to be grown on -- -
b. [~ goods which are or are to become fixtures on --
c. j~ minerels or the like (including oil and gas) as extracted on --
~ The terms "Debtor a ' : d. E~ accounts resulting from the sale of minerels or the like (including oil and gas) at the wellhead or minehead
Paclal Types of Patties (check if applicable) on -
,sPectively. "nd "Secured Party" mean "Lessee" and "Lessor" the following real estate:
Street Address:
The terms "Debtor" and "Secured Party" mean "Consignee" and of (check one) [~ Deeds [~] Mortgages, at Page(s)
; nsignor," respectively. Describe at: Book
for~ County. Uniform Parcel identifier '
~ Debtor is a Transmitting Utility. [~] Described on Additional Sheet.
SECURED PARTY SIGNATURE(S) Name of record owner (required only if no Debtor has an interest of record):
I statement is filed with only the Sacured Party's signature to perfect a
interest in collateral (check applicable box(es))--
~ acquired after a change of name, Identity or corporate structure of the 10
Debtor.
DebtorSignature(s): Lane Enterprises,
~] as to which the filing has lapsed.
ready subject to a security interest in another county in Pennsylvania_ i , I nc,
~] when the collateral was moved to this county. 1 B · " .
~] when the Debtor's residence or place of business was moved to this
county.
la ~ ----------
;edY subject to a security interest in another Jurisdiction
~] when the collateral w --
es moved to Penns¥1vama
~] when the Debtor's I · ' '
or, anon wes moved to Penns¥1vama
~ which is proceeds of the ' ' lb
collateral describe · ----_______
in. rarest was previouslv,erfectp..~ ....... cl. m block 9,_ in which a security J J
....... [,,,u Describe procee.d.s in block 9, if pur- ~
chased with cash Proceeds and not adequately described on the original/
financing statement).
8esured ParD/Signature(s):
(required only if box(es) is checked above): Daniel $. Malpezzi
--------____ Buchanan Ingersoll PC
One South Market Square
risburg, PA 17101
' C.
NOTE .... This page will not be returned by the Department of ~ale.
IF THE FILING IS-WITH ..THE DEPARTMENT OF STATE, SEND ONLY T~$ .,;'AGE. '
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EXHIBIT A TO UCC-1 FINANCING STATEMENT
FROM LANE ENTERP~SES, INC. TO
PNC BANK, NATIONAL ASSOCIATION
Collateral Descri tion "Collateral"
1. E U1PMENT AND OTHER GOODS: All machinery, tools, equipment and
goods of all types purchased by the Debtor with the proceeds of the issuance by the Cumberland
County Industrial Development Authority (the "Issuer") of its $3,930,000 Variable Rate Revenue
Bonds (Lane Enterprises, Inc. Project) Series 2001 for the benefit of the Debtor pursuant to a
Trust Indenture dated April 1, 2001 between the Issuer and Allfirst Bank, as trustee, including,
without limitation, Model 30-60 pipe corrugators, die stands, Model 30-60 cut-off saw, Model
30-60 conveyor weight/trim station, Model 30-60 pipe conveyor/puller, platforms, safety railings,
42" molds and die with caxfier and heaters, 48" molds and die with carrier and heaters, extruders,
electric controls for extruders, screen changers, resin silo, blending and heating system and
vacuum pumps (collectively, the "New Line Equipment"), together with all machinery, mobile or
motorized Equipment and other furnishings, fixtures, hand tools, power tools, dies, jigs, molds,
blueprints, renderings, technical data, technical processes and prototypes and other Equipment,
machines, machinery or articles of tangible personal property of every type, and all parts,
substitutions, accretions, accessions, attachments, accessories, additions, components and
replacements thereof, together with all Accounts, Documents, Instruments and General
Intangibles relating thereto, including but not limited to trademarks, trade names, trade styles,
copyrights, brands, patents, patent fights, licenses, trade secrets, and all manuals of operation,
maintenance or repair, relating to or utilized in connection therewith, together with all machinery,
mobile or motorized Equipment and other fixmishings, fixtures, hand tools, power tools, dies,
jigs, molds, blueprints, renderings, technical data, technical processes and prototypes and other
Equipment, machines, machinery or articles of tangible personal property of every type, and all
parts, substitutions, accretions, accessions, attachments, accessories, additions, components and
replacements thereof, together with all Accounts, Documents, Instruments and General
Intangibles relating thereto, including but not limited to trademarks, trade names, trade styles,
copyrights, brands, patents, patent fights, licenses, trade secrets, and all manuals of operation,
maintenance or repair, relating to or utilized in connection with the New Line Equipment.
2. CONSTRUCTION PERMITS: All of the Debtor's fight, title and interest in and
to any and all contracts, agreements, documents between Debtor and any contractor,
subcontractor or material supplier performing services or supplying materials in connection with
the construction by Debtor of an expansion of a corrugated pipe manufacturing facility and
related improvements (the "Facility") on real property owned by the Debtor and located at 34
Strohm .Road, Township of Southampton, Cumberland County, Pennsylvania (the "Property")
and the ~nstallation of new manufacturing equipment therein (the construction of the Facility on
the Property and the installation of the new ' ' ' Project ), and any and all
eqmpment there~n ~s the" "
licenses, permits, contracts and agreements with or from all boards, public utilities, agencies,
departments, governmental or otherwise, relating directly or indirectly to or affecting the Project,
the Facility or the Property, whether heretofore or hereafter issued or executed, together with all
amendments, modifications or addenda to any of them.
3. BONDS COLLATERAL:
(a) All of the Debtor's right, title and interest in and to all funds (except rebate
funds) and investments thereof now or hereafter held by the Trustee (as defined in the Indenture)
under that certain Trust Indenture dated as of April 1, 2001 (the "Indenture") between the
Cumberland County Industrial Development Authorit
for the payment of the Bonds ( ,~r, · _ .y and Al!first Bank, as Trustee as security
~as d,~.ned ~n the Indenture~ incl- -" '.- -
~, umng w~mout limitation any and
all loan funds, construction funds, project funds, escrow funds, revenue funds, operations funds,
debt service funds, reserve funds and other funds and securities and other instruments comprising
investments thereof and interest and other income derived therefrom held as security for the
payment of the Bonds; such pledge, assignment and grant being under and subject only to the
fights of the Trustee under the Indenture.
(b) All of the Debtor's fight, title and interest, now owned or hereafter
acquired, in and to any and all unremarketed Pledged Bonds, as defined in that Reimbursement,
Credit and Security Agreement between the Secured Party and the Debtor dated as of April 1,
2001 (the "Reimbursement Agreement") (together with all income therefrom and proceeds
thereof) purchased pursuant to the Indenture with the proceeds of a Liquidity Drawing (as
defined in the Reimbursement Agreemen0 presented
Reimbursement Agreemen0 for which neither (i) full under the Letter of Credit (as defined in the
reimbursement has been made to the
Secured Party nor (ii) the Trustee holds sufficient funds which, pursuant to the Indenture, the
Trustee is required to apply on behalf of the Debtor to reimburse the Secured Party in full for
such Liquidity Drawing on the date such Liquidity Drawing is paid by the Secured Party.
4. :
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(a) All of Debtor's estate in the premises described in Schedule 1 attached
hereto, together with all of the easements, fights of way, privileges, liberties, hereditaments,
gores, streets, alleys, passages, ways, waters, watercourses, rights and appurtenances thereunto
belonging or appertaining, and all of the estate, fight, title, interest, claim and demand
whatsoever of Debtor therein and in the public streets and ways adjacent thereto, either in law or
in equity, in possession or expectancy (collectively, the "Realty");
(b) The structures and buildings and all additions and improvements thereto
now or hereafter erected upon the Realty (including all Equipment, as hereinafter defined,
constituting fixtures) (collectively, the" ,,
Improvements );
(c) all machinery, apparatus, equipment, fittings, appliances and fixtures of
every kind and nature whatsoever and regardless of whether the same may now or hereafter be
attached or affixed to the Realty or Improvements, including, without limitation, all electrical,
antipollution, heating, lighting, incinerating, power, air conditioning, plumbing, lifting, cleaning,
fire prevention, fire extinguishing, refrigerating, ventilating and communication machinery,
apparatus, equipment, fittings, appliances and fixtures, and all engines, pipes, pumps, tanks,
motors, conduits, ducts, compressors, elevators and escalators, and all articles of personal
property and goods of every kind and nature whatsoever, including all shades, awnings and
carpets now or hereafter affixed to, attached to, placed upon, or used or usable in any way in
connection with the use, enjoyment, occupancy or operation of the Realty or Improvements
(collectively, the "Equipment");
(d) all leases and other agreements now or hereafter in existence relating to
the use, occupancy or possession of the Realty, Improvements or Equipment (together with the
Leases and Rents, the "Mortgaged Property"), or any part thereof, and all other leases, subleases
and other agreements now or hereafter in existence relating to the use, occupancy or possession
of the Realty, Improvements or Equipment or any part thereof, and all fight, title and interest of
Debtor thereunder, including cash and securities deposited thereunder to secure performance by
the tenants of their obligations thereunder, and including further, the fight to amend or terminate
the same or waive the provisions thereof, and the fight to receive and collect the rents thereunder
and al/guaranties thereof (collectively, the "Leases");
(e) all revenues, income, rents, issues and profits of the Realty, Improvements,
Equipment and Leases (collectively, the "Rents"), including all proceeds of the conversion,
voluntary or involuntary, of the Realty, Improvements and Equipment or any part thereof into
cash or liquidated claims, including proceeds of insurance and condemnation awards or payments
in lieu thereof;
(0 all Debtor's fights and interests in all agreements now or hereafter in
existence providing for or relating to the construction, alteration, maintenance, repair, operation
or management of the Realty or Improvements or any part thereof, as well as the plans and
specifications therefor, and all copies thereof (together with the fight to amend or terminate the
same or waive the provisions of the foregoing) and any amendments, renewals and replacements
thereof; to the extent permitted by the relevant authorities, al/licenses, permits and approvals for
the ownership, construction, maintenance, operation, use and occupancy of the Mortgaged
Property or any part thereof and any amendments, renewals and replacements thereof; al/
Debtor's fights and interests in all warranties and guaranties from contractors, subcontractors,
suppliers and manufacturers to the maximum extent permissible relating to the Mortgaged
Property or any part thereof; all insurance policies covering or affecting the Mortgaged Property
or any part thereof; all refunds, rebates or credits in connection with any reduction in real
property taxes or assessments charged against the Mortgaged Property as a result of any tax
assessment appeals or other applications or proceedings for reduction of the assessed value of the
Mortgaged Property or the real estate taxes or assessments charged against the Mortgaged
Property.
Schedule 1
All that certain lot of ground situate on the Easterly side of the local road known
as State Route 3002 (Legislative Route 21006, Strohm Road) in Southampton Township,
Cumberland County, Commonwealth of Pennsylvania, being further bounded and
described as follows:
Beginning at a railroad spike in the center of S.R. 3002 (Strohm Road); thence
along S. R. 3002 (Strohm Road) and along land now or formerly of Wayne D. Baker
North thirty-eight (38) degrees, fifty-seven (57) minutes, forty (40) seconds West, one
hundred thirty-four and nine hundredths (134.09) feet to a railroad spike in the center of
S.R. 3002 (Strohm Road); thence along the same North forty-two (42) degrees, fifty-one
(51) minutes, thirteen (13) seconds West, two hundred sixty-five and fifty-two
hundredths (265.52) feet to a railroad spike in the center of S.R. 3002 (Strohm Road) at
the right-of-way of the Consolidated Railroad Company, said railroad spike being thirty-
one and twenty hundredths (31.20) feet Southeast from the centerline of railroad tracks,
as they exist in July, 1994; thence along the right-of-way of the Consolidated Railroad
Company on a curve to the right having a radius of eleven thousand four hundred
fourteen and nineteen hundredths (11,414.19) feet, an arc length of five hundred sixteen
and seventy-two hundredths (516.72) feet, a chord bearing North forty-eight (48) degrees,
eighteen (18) minutes, eleven (11) seconds East, and a chord distance at five hundred
sixteen and sixty-eight hundredths (516.68) feet to an iron pin at the fight-of-way of the
Consolidated Railroad Company, said arc passing through an iron pin thirty and two
hundredths (30.02) feet from said railroad spike; thence along said right-of-way on a
curve to the fight having a radius of seven thousand five hundred ninety-four and forty-
nine hundredths (7,594.49) feet, an arc length of nine hundred three and forty-two
hundredths (903.42) feet, a chord bearing North fifty-three (53) degrees, zero (00)
minutes, twenty-eight (28) seconds East and a chord distance of nine hundred two and
eighty-eight hundredths (902.88) feet to an iron pin at the right-of-way of the
Consolidated Railroad Company and land now or formerly of Abram G. Seavers; thence
along land now or formerly of Abram G. Seavers South thirty-three (33) degrees, thirty-
five (35) minutes, four (04) seconds East eight hundred nine and fifty-two hundredths
(809.52) feet to an iron pin of land now or formerly of Abram G. Seavers and land now
or formerly of Lamar Z. Sensenig; thence along land now or formerly of Lamar Z.
Sensenig South sixty-eight (68) degrees, fifteen (15) minutes, zero (00) seconds West
four hundred ninety-two and seventy-three hundredths (492.73) feet to an iron pin, thence
along land now or formerly ofLamar Z. Sensenig and land now or formerly of Wayne D.
Baker South sixty-eight (68) degrees, twenty-six (26) minutes, five (05) seconds West
eight hundred ninety-four and eighty-three hundredths (894.83) feet to a railroad spike in
the center of S.R. 3002 (Strohm Road) the place of beginning, said line passing through
an iron pin thirty-two and twenty-seven hundredths (32.27) feet fi'om said railroad spike.
Containing 19.745 acres.
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