HomeMy WebLinkAbout01-2259Oa~tor nome (last name first iF indMduall and mailing address:
Cumberland Elder].y Housing Associates
1 East Stow Road
Marlton, NJ 08053
Debtor name (last name first if iedv dual} and mai ing address:
Debtor name (last name first if individual) nad mailing address:
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Secured Party(ins) names(s) (fast name first if individual) and address
for security interest information: The ,..qecretar¥ of
Housing and Urban Development
451 Seventh Street, SW
Washington, DC 20410 2
hsD{gone(s} of Secured Party nome(si {last name first if individual) and
address far security interest information:
2a
',pocial Typos of Parties {check if applieedle):
The terms "Debtor" and "Secured Party" mean "Lessee" and "Lessor,"
'eedective~y.
The terms "Debtor" and "Secured Party" meaa "Consignee" and
oasigaer/' respectively.
Debtor is a Transmitting Utility.
3
SECURED PARTY SIGNATURE(S)
statement is filed with only the Secured Party's signature to perfect
:ugly interest in collateral (check applicable box(es))-
acquired after a change of name, identity or corporate structure of
the Debtor,
as to which the fgmg has {apse&
~ady subject to a security interest in another county in Penasylvania-
~when the collateral was moved to this county.
~when the Debtor's residence or place of business was moved to
this county.
~dy subject to a security interest in another jurisdiction-
]whaa the collateral was moved to Pennsylvania
]when the Debtor's location was moved to Pennsylvania.
'hich is proceeds of the collateral described in block g, ia which a
~curity interest was previously perfected (also describe proceeds Jn
3ck 9, if purchased with cash proceeds and not adequately
scribed on the original financing statement).
Secured Party Signature{c)
(r~uir~ ~ly if box(es) is checked above):
FINANCING STATEMENT
Uniform Commercial Code Form UCC-f
IMPORTANT-Please read instructie~ on
reverse aide of page 4 before completing
Filing No. (stamped by filing officer): ])ate, Time, Filing Office {stamped by filing officer):
This Financing Statement is presented far nba9 pursuant m the Uniform Commemia{ Code,
~ Secretary of the Commonwealth.
~ Prothonotary of O~m~]~n~ Coumy.
~ real esum records of County.
Number of Additional Sheets (if any):
Optional Special Identification (Max. I0 characters):
COLLATERAL
Identify collateral by item and/or type:
See Exhibit "A" attached hereto for description
of collateral which collateral is located on the
real estate described in Exhibit "B"
See Exhibit "C"
~ (check only if desired) Products of the collateral are also covered 9
Identify related real estate, if applicable: The cagateral is, or includes {cheek appropriate box(es))-
a, El crops growing or to be grown on -
b. ~ goods which are ar are to become fixtures on -
c. El minerals or the like (including oil and gas) as extracted aa *
d. El accounts resulting from the sale of miaerals or the like (including oil and gas) at the wellhead or
minehaed en -
the following real estate;
Street Address:
Described at: Book of (check one) ~3 Deeds 0 Mortgages, at Pageis)
far County Uniform Parcel Identifier
[~ Described on Additiuaa{ Sheet,
Name of record owner (required only if no Debtor has aa interest of record):
DEBTOR SIGNATURE(S)
Debtor Signature(s):
~ See attached signature ~age
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RETURN RECEIPT TO:
Kristin M. Neun, Esq.
Hessel and Aluise, P.C.
1050 17th Street, NW
Suite 900
Washington, DC 20036
10
4
NOTE - Thin page will Dot be returned by the Department of State,
(t) FILING OFFICE ORIGINAL
12
Signature Page for UCC-1 Financing Statement
Contingent Repayment Mortgage
DEBTOR:
Cumberland Elderly Housing Associates,
a eennsylvania~i/~,e~yer ship
By: Michae~J.~L;~itt
General Partner
EXHIBIT "A"
COLLATERAL
All of the following, which may be located on certain land located in the City of Camp
Hill, Cumberland County, Pennsylvania, as legally described in Exhibit "B", attached hereto and
made a pan hereof (the "Premises"), or which may otherwise relate to, or be used or usable in
connection with, the acquisition, construction, equipping, repair, ownership or operation of a
certain (multifamily apartment complex proposed to be constructed or rehabilitated on the
Premises, which project is to be known as Mallard Run Apartments (such project being referred
to herein as the "Project"), in which Debtor has an interest now or hereafter existing or acquired
(all of the following is herein referred to collectively as the "Property"):
1. All materials now owned or hereafter acquired by Debtor and intended for
construction, reconstruction, alteration and repair of any building, structure or improvement now
or hereafter erected or placed on the Premises, all of which materials shall be deemed to be
included within the Project immediately upon the delivery thereof to the Premises.
2. All the walks, fences, shrubbery, driveways, fixtures, machinery, apparatus,
equipment, fittings, and other goods and other personal property of every kind and description
whatsoever, now owned or hereafter acquired by Debtor and attached to or contained in and used
or usable in connection with any present or future operations of the Project, including, by way of ·
example rather than of limitation, all lighting, laundry, incinerating and power equipment; all
engines, boilers, machines, motors, furnaces, compressors and transformers; all generating
equipment; all pumps, tanks, ducts, conduits, wire, switches, electrical equipment, all piping,
tubing, plumbing equipment and fixtures; all heating, refrigeration, air conditioning, cooling,
ventilating, sprinkling, water, power and communications equipment, systems and apparatus; all
water coolers and water heaters; all fire prevention, alarm and extinguishing systems and
apparatus; all cleaning equipment, all lift, elevator and blinds, awnings, screens, screen doors,
storm doors, exterior and interior signs, gas fixtures, stoves, ovens, refrigerators, garbage
disposal, dishwashers, cabinets, mirrors, mantles, floor coverings, carpets, rugs, draperies and
other furnishings and furniture installed or to be installed or used or usable in the operation of
any part of the Project or facilities erected or to be erected in or upon the Premises; and every
renewal or replacement thereof or articles in substitution therefor, whether or not the same are
now or hereafter attached to the Premises in any manner; all except for any right, title or interest
therein owned by any tenant of any apartment unit in the Project.
3. All of Debtor's right, title and interest in and to any and all judgments, awards of
damages (including but not limited to severance and consequential damages), payments,
proceeds, settlements or other compensation (collectively, the "Awards") heretofore or hereafter
made, including interest thereon, and the right to receive the same, as a result of, in connection
with, or in lieu of(i) any taking of the Premises, the Project or any of the power of condemnation
or eminent domain, or the police power, (ii) any change or alteration of the grade of any street, or
(iii) any other injury or decrease in the value of the Property or any part thereof(including but not
limited to destruction or decrease in value by fire or other casualty), all of which Awards, rights
thereto and shares therein are hereby assigned to Secured Party, who is hereby authorized to
collect and receive the proceeds thereof and to give Property receipts and acquittance therefor
and to apply, at its option, the net proceeds thereof, after deducting expenses of collection as a
credit upon any portion, as selected by Secured Party, of the Obligation.
4. All of Debtor's right, title, interest in any and all payments, proceeds, settlements
or other compensation heretofore or hereafter made, including any interest thereon, and the right
to receive the same form any and all insurance policies covering the Property or any portion
thereof, or any of the other property described herein.
5. The interest of Debtor in all of the rents, royalties, issues, profits, revenues,
income and other benefits of the Property, or arising form the use or enjoyment of all or any
portion thereof, or from any lease or agreement pertaining thereto, and all right, title and interest
of Debtor in and to, and remedies under, all contract rights, accounts receivable and general
tangibles arising out of or in connection with any and all leases and subleases of the Property, or
any part thereof, and of the other Property described herein or any part thereof, both now in
existence or hereafter entered into, together with all proceeds (cash and non-cash) thereof and
including, without limitation, ail cash or securities deposited thereunder to secure performance
by the lessees of their obligations thereunder.
6. All of Debtor's rights, options, power and privileges in and to (but not Debtor's
obligations and burdens under) any construction contract, architectural and engineering
agreements and management contract pertaining to construction and management of the Premises
or the Project and all of Debtor's right, title and interest in and to (but not Debtor's obligations
and burdens under) all architectural, engineering and similar plans, specifications, drawings,
reports, surveys, plats, permits and the like, contracts for construction, operations and
maintenance of, or provision of services to, the Premises, the Project or any of the other property
described herein, and all sewer taps and allocations agreements for utilities, bonds and the like all
relating to the Property.
7. All intangible personal property, accounts, licenses, permits, instruments, contract
rights, and chattel paper of Debtor, including but not limited to cash, accounts receivable, bank
accounts, certificates of deposit, securities, promissory notes, rents, rights (if any) to amounts
held in escrow, insurance proceeds, condemnations rights, deposits, judgment, liens and causes
of action, warranties and guarantees.
8. All inventory, including raw materials, components, work-in-progress, finished
merchandise and packing and shipping materials.
9. All income, rents, profits, receipts, and charges derived from the Premises
described in Exhibit "B".
10. Ail accounts including but not limited to the following accounts: Reserve for
Replacement, Surplus Cash or Residual Receipts, Mortgage Insurance Premiums, Special Funds,
ground rents, taxes, water rents, assessments, fire and other hazard insurance premiums, accounts
receivable, operating revenue, initial operating escrow, construction fund, escrow for delayed
completion, escrow for latent defects, depreciation reserve, sinking fund.
11. Proceeds, products, returns, additions, accessions and substitutions if any to any or
all of the above.
12. Any of the above arising or acquired by Debtor or to which Debtor may have a
legal or beneficial interest on the date hereof and at any time in the future.
13.
Premises.
Any of the above which may become fixtures by virtue of attachment to the
' ~" ' EXHIBIT B
(1) bu%h 64 ~egrees 10 minutes 30 seconds Wes~ 128 fe~t from ~' ~in~
whi~ ~in~ is me~ured
(2) Nor:h 61 de~reesl9 min~:es ~ seconds %'Ies~ 35 fe~: from a pein: on
along ~e said ~=therly rich= of way line.
on the We~erlM side of ~burn Road LR 21023~ which pein=
· he northerly side of s~d ~0 feet wide right of way
Of ~=les J. Lieber~ ~e ne~ follo~n~ courses ~d
D~I=~ED as Tract No. ,2 on ~he ~ores~d survey
over, upon =d along a ~ract of 1~ 50 fee= in width, ~emcrlbed ~ foilo,
(i)
(3)
(9)
the said ~ide of ~sburn Road and ~%ending ~long
Sou%h 64 degrees'lO minutes ~0 seOend~ %'lest
~.75 fe~t to a point
S~ fee= ±o a point, Then
12~.00 feet ~o a point
Continued
:hence
(7) A~ong :He arc of a circle curving =o %he right havin~ a radiu= of
~in= ~ place of be~!nnin9
Si~A~e in To~hi~ of ~w~ ~len, Cmberl~d ~, Pen.
· ~ded ~d ~escribed ~
(4) ~th 77 ~egrees 2o minu=es ~ se~n~ ~ for ~ ~s=aqce of
as follows:
(2) Nor=h 13 degrees 40 minu~es ~1 seconds %~es= a distance o~ 32.4~ feet
Continued ~//ij _
(4) .
(6)
on ~hm s~d Northerly side of the 50 feet wide riph~ of way a~ its
intersection wi~h ~he division line be~%veen Ghese premises ~nd the
premises ~joinlng on the West, ~hence donGinuinG alon9 the sa~d
p~=~ and premises now or la~e Of C~p ~ill ~orouph, thence alon9
' ~he l~d$ now or laGe oS Camp ~ill Borouph crossing ~he bed of ~he
50 fee~ wide riGhG of way
ly side o~ ~he Said SO fee~ Wide riGh~ of way, ~hence along
(7)
(9)
(ii)
(l~)
(~)
North 78 degrees _~0 minutes 15 seconds E&s~ 660.8~ feet GO a point
~d ~he pre~se~ ~jofnimg~ thence con=inulng ~ong ~e
Notch 78 degee~ 40 minutes 1~ stands ES= !$8.~4 feet to a point
sou~h 1~ de~rees
Along Gh~ ~c o~
North 77 de~rees
dis:~ Of 194.15 fee~ ~o a ~in~, ~ence
No=:h 62 degrees 28 minuGes 09 seconds east 9.68 fee= to a poin~
on -~he Sou=herly line of the appur=em= con~ning 2803.9412
Northerly side of the s~d right of Way bein~ ~e firs~ men~oned
~in~ ~ place of beginning.
Blderly recorded on May 3, 1978 in Plan ~och Vol=me 32 page. 103,
vised copy of w~ich ' in=ended to be recorded.
EXHIBIT "C"
The real property described in Exhibit "B" is subject to the following items:
Mortgage from Cumberland Elderly Housing Associates, a Pennsylvania Limited
Partnership to Secretary of Housing and Urban Development recorded in Book ,
Page of the Cumberland County Office of the Recorder of Deeds on
~p~i\ \~ ,2001. Final payment date on said Mortgage is June l, 2032. This
financing statement alsq relates to.an ,qbligation secured by a Security Agreement of even
date herewith. ZL-~5~h~t~ ~ ](~
Mortgage Restructuring Mortgage from Cumberland Elderly Housing Asso~ciates, a
Pennsylvania Limited Partnership to Secretary of Housing and Urban Development
recorded in Book ~, Page of the Cumberland County Office of the
Recorder of Deeds on ~Ol'~ ic~ ,2001. Final payment date on said Mortgage
Restructuring Mortgage · June 1, 2032. This financing statement also relates to an
obligation secured by a Secu_}rity A~greEment o.f eve;a date herewith.
Contingent Repayment Mortgage from Cumberland Elderly Housing Associates, a
Pennsylvania Limited Partnership to Secretary of Housing and Urban Development
recorded in Book , Page of the Cumberland County Office of the
Recorder of Deeds on ~'~ ~ g ,2001. Final payment date on said Contingent
Repayment Mortgage is Jun- ' e 1, 2032. This financing statement also relates to an
obligation secured by a Security Agreement of even date herewith.
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