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HomeMy WebLinkAbout01-3367 PARTIES RNANCING STATEMENT · · ,,ams gsl ,I md~wdua0 aM reaif~ng eddress: Uniform Commercial Code Form UCC-1 .e Road Associates IMPORTANT-- Please reed inslructions on .'laza West, Suite 30? reverse side of page 4 before completing d ~arket St RlingNo./sfampedbyflhngoftice[): Date. Tiree, FilingOffiee(sfampedbyhhngofl~er). ·O Box 622 Debtor n~ree (last name first il individual1 and reailmg address: .'J C~ 0 . ," ~ ;' *' 'J 5 mat~ name (ics~ nsrme I,~t ,f indiv,~a~) and rmei~iog a~rees. ITTq mofllmlofary of Cumberlan~ ~ ~? Counly. C-I real esfnte records of. ¢,,3 ~ County. ~ lb Nmebef of A~Jdifimiof Shmits~ 6 ~ceured Part~(ice) name(s) (last name firsl it iedwidual) and address Iol Optiminl Special Idel~adm, (Max. 10 characters): 7 COLL~_TERAL PNC Bank ~ational Association ;:-.~;;T ~..~.'.-.,,; by fiem and/or type: ~2~2 Ca~.Tisle ?ike (a) All of' the Debtor,s estate in the premises desc~:Lb- ed in Exhibit A, includln~ but not limited to special Camp Hill ?A .lT0lJ. 2 declarant rights, to~ether ~ith all of' the easements, · ~u.,~.~n) of Scemed Party name(s) (LSsl nsme first if individual) and address z"i ~hCs ~or'es, streets, alle.ys~ passages,~ays, Naters, ~atercourses, rights and appurtenances thereunto belon~in~ or apperta:Lnin~, and all of' the Debto~,s 2a estate, right, title interest, claim and demand therein -';=:~: Tygm of ~'.~,, (check if ap~.aUe): and in the public streets and ~ays adjacent thereto, [~] The temlS "Debtor" and "Secured Party" reasn "Lessee" and "Lessor," re- SEE ATTACHED SCHEDULE A )'-] The terms "Debl{x'" and 'Secured Party' mean "Consignee' and "Consignor" a. [] c~ growing or te be grown on - respectively. . - SECURED PARTy SIGNATURE(S) reinedead on - seeur/ty interesl ~n c~Lsteral (check applicable box(es))- Street ,Nldress: a. [] acquired after' a chnnge of mime. klnnfit¥ or corporate strcetm of the Denndbod st: Book _ of (edeek one) [] Deeds [] Morfgagas. at Page(s)_ b. [] as fo which the filing ben la,ed. [] Described on Additkmal Sheet. ~ DEBTOR SIGNATURE(S) [] wben the De~'s rceidanm or place of kofnmis was moved 1o this Debter Signntwe(si: Allendale Road Associates d. already subject tea secunty iQterest in miother juri-aiedon - By: Capltol Vie~ Development, .THC. [] when me cellateml wan meced to Pennsylvania. J--I when the Debtor'n lemifien wan mewal fo Pennsyivan/a. e.[] which is waceedn of the nsgnteral desctibed nblock9 inwhchaseeurify ta inlet, es! was. grevLsnsJy perfected (aLso describe ~ends in block 9 I N/chael K. Lau purcnasdd with cash pmcends and not adequately described on the original lb Pres ident knarcino statement). RE1URfi R~:~P r (required only if box(ee) is checked aboval: ,.~, ~ ~ ~ FILIN(; OFFIf,.E OIIIGINAL ~ ~ ~VE. NOTE -' This page will act he mtansed IF THE FILING IS WITH THE DEPARTMENT OF STATE, SEND ONLY THIS PAGE. SCHEDULE A (a) All of the Debtor's estate in the premises described in Exhibit A, including but not limited to special declarant rights, together with all of the easements, rights of way, privileges, liberties, hereditaments, gores, st~ts, alleys, passagas, ways, waters, watercourses, rights and appurtenances thereunto belonging or appertaining, and all of the Debtor's. estate, right, title, interest, claim and demand therein and in the public streets and ways adjacent thereto, either in law or in equity (the "Land"); (b) Ail the buildings, structures and improvements of every kind and description now or hereafter erected or placed on the Land, and all facilities, fixtures, machinery, apparatus, appliances, installations, machinery and equipment, including all building materials to be incorporated into such buildings, all electrical equipment necessary for the operation of such buildings and heating, air conditioning and plumbing equipment now or hereafter attached to, located in or used in connection with those buildings, structures or other improvements (the "Improvements; (c) Ail of the Debtor's right, title and interest in and to any and all agreements, plans, franchises, management agreements, approvals (whether issued by a governmental authority or otherwise) and other documentation or written or recorded work product required for or in any way related to the development, construction, renovation, use, occupancy or ownership of the Improvements, whether now existing or hereafter arising (the "Development Documents"), including all (i) plans, specifications and other design work for buildings and utilities, (ii)construction contracts and warranties, (iii) environmental reports, surveys and other engineering work product, (iv) permits and licenses and (v) agreements of sale, purchase options and agreements for easements and rights of way benefiting the Land, and the Debtor further covenants and agrees to execute and deliver to the Secured Party, on demand, such additional assignments and instruments as the Secured Party may require to implement, confirm, maintain or continue any grant or assignment of rights in the Development Documents. (d) All rents (the "Rents"), issues and profits arising or issuing from the Land and the Improvements including the contracts, leases and subleases for the Units (as defined in the Allendale Agreement) at Rockledge (the "Leases") now or hereafter entered into covering all or any part of the Land and Improvements all of which Leases and Rents are hereby assigned to the Secured Party by the Debtor. The foregoing assignment shall include all deposits, fees, charges, accounts or other, payments for the use or occupancy of the Improvements, and all cash or securities deposited under the Leases to secure performance of the obligations thereunder, whether such cash or securities are to be held until the expiration of the terms of such Leases or applied to one or more installments coming due prior to the expiration of such terms. The foregoing assignment extends to Rents arising both before and al~r the commencement by or against the Debtor of any case or proceeding under any Federal or State bankruptcy, insolvency or similar law, and is intended as an absolute assignment and not merely the granting of a security interest. The Debtor, however, shall have a license to collect, retain and use the Rents so long as no Event of Default shall have occurred and be continuing or shall exist. The Debtor will execute and deliver to the Secured Party, on demand, such additional assignments and instruments as the Secured Party may require to implement, confirm, maintain and continue the assignment of the Rents and Leases hereunder; (e) All proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims; (f) And without limiting any of the other provisions ofthis Mortgage, the Debtor, as debtor, expressly grant unto the Secured Party, as secured party, a security interest in all those portions of the Property which may be subject to the Uniform Commercial Code provisions applicable to secured transactions under the laws of any state, and the Debtor will execute and deliver to the Secured Party on demand such financing statements and other instruments as the Secured Party may require in order to perfect and maintain such security interest under the UCC on the aforesaid collateral. (g) UPON THE RECORDING OF THE SUBDIVISION AND LAND DEVELOPHENT PLAN FOR PHASE I OF STONEHEDGE THE SECURIT~ INTEREST OF PNC BANK, NATIONAL ASSOCIATION IN THE LANDS DESCRIBED IN EXHIBIT B ATTACHED gF-RETO SHALL TEPd4INATE AND SHALL BE EFFECTIVE ONLY WITH REGARD TO THE LANDS DESCRIBED IN e~dilBITS C AND D ATTACHED HERETO WITH SAID LANDS AS DESCRIBED IN mutiBITS C AND D BEING A PART OF THE LANDS DESCRIBED IN EXHIBIT B. ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County oFCumberland and Commonwealth of Pennsylvania, morc particularly bounded and described in accordance with a survey by Carroll Engineering Corporation, Consulting Engineers, dated November 20, 1974, as Follows: BEGINNING at a point in thc center of Allcnd:lle Road at the comer of lands now or Fom'~erly oFLinden R. Gates, Jr., and Lois Jean Rector Gates; thence in and through said Allendale Roacl the following Four (4) courses and distanccs: (1) South 24 degrees 06 minutes 37 seconds East, a distance of 358. I I Feet to a point; (2) South 22 degrees 34 minutes 27 seconds East, a distance of 328.61 Feet to a point; (3) South 22 degrees 45 minutes 02 seconds East, a distance of 371.67 Feet to a point; and (4) South 03 degrees 37 minutes 07 seconds West, a distance of 105.16 Feet to a point in the samc at I:mds now or Fom~erly of Frcderick J. Barclay; thence along said lands now or fom~erly ofFrcderick J. Barclay, South 55 degrees 19 minutes 06 seconds West, a distance of 1,830.02 Feet to a point (post) at lands now or Formerly of Christian B. Hess Estate; thence along said lands now or fom~erly oFCbristian B. Hess Estate, lhe Following two (2) courses and distances: (1) North 14 degrees 23 minutes 52 seconds West, a distance of 1,400.61 Feet to a point; and (2) North 07 degrees 06 mint/res 56 seconds East, a distance 0['888.23 feet to a point; thence along lands now or formerly oFMargarct Strong Estate, North 77 degrees 54 minutes 17 seconds East, a distance o1'886.83 feet to a point at lands now or Fom~erly of Linden R. Gates, Jr., and Lois Jean Rector Gates; Ihence along said lands now or Formerly of Linden R. Gates, Jr. and Lois Jeat~ Rector Gates, the Following two (2) courses and distances: (1) South 11 degrees 26 minutes 37 seconds East, a distance of 377.10 feet to a point; and (2) North 80 degrees 33 mintltes 52 seconds East, a distance o1'397 feet to a point in the center oFAllendale Road, the point and place oFBEGINNING. CONTAINING 65.7 acres of land. BEING the same premises which WESLEY AFFILIATED SERVICES, INC., by its deed dated May 23, 2001 and intended to be recorded in OFfice oFthe Cumberland Coumy Recorder of Deeds, granted and conveyed unto STONEI-IEDGE LANE ASSOCIATES, a Pennsylvania limited partnership, for itselFas to part; and as Straw Party For ALLENDALE ROAD ASSOCIATES, a Pennsylvania limiled partnership, as to the remaining part. dlb~'e~stonehedge 1 &2.legal June 1, 2001 EXHIBIT "C" Lot #1 Stonehedge Subdivision All that certain parcel of land situate in the Township of Upper Allen, Cumberland County, Pennsylvania, more particulary bounded and described as follows: BEGINNING at a point at the intersection of street right-of-way lines of the western right-of-way line of Allendale Road (T-608) and the northern right-of-way line of Stonehedge Lane, being the southeast comer or lot #1; thence along the northern right-of-way line of Stonehedge Lane South 70 degrees 40 minutes 12 seconds West a distance of 92.09 feet to a point; thence by same along a curve to the right having a radius of 275.00 feet an are length of 195.78 feet and a chord bearing of North 88 degrees 56 minutes 06 seconds West a distance of 191.67 feet to a point; thence by same North 68 degrees 34 minutes 36 seconds West a distance of 48.44 feet to a point; thence along the boundary with lot #2 North 21 degrees 46 minutes 39 seconds East a distance of 159.20 feet to a point; thence by same North 70 degrees 40 minutes 12 seconds East a distance of 203.75 feet to a point; thence along the western right-of-way line of Allendale Road South 19 degrees 19 minutes 48 seconds East a distance of 218.39 feet to a point, the place of BEGINNING. Containing: 54,266 square feet (1.25 acres). BEING part of the same premises which WESLEY AFFILIATED SERVICES, INC., by its deed dated May 23, 2001, and intended to be recorded in Office of the Cumberland County Recorder of Deeds, granted and conveyed unto STONEHEDGE LANE ASSOCIATES, a Pennsylvania limited partnership, for itself as to part; and as Straw Party for ALLLENDALE ROAD ASSOCIATES, a Pennsylvania limited partnership, as to the remaining part. dlb~'e~stonehedge 1 &2.legal June 1, 2001 EXHIBIT "D" Lot #2 Stonehedge Subdivision All that certain parcel of land situate in the Township of Upper Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the western right-of-way line of Allendale Road (T- 608) and the northeast comer of lot #1, being the southeast comer of lot #2; thence along the boundary with lot # 1 South 70 degrees 40 minutes 12 seconds West a distance of 203.75 feet to a point; thence by same South 21 degrees 46 minutes 39 seconds West a distance of 159.20 feet to a point; thence along the right-of-way linc of Stonehedge Lane North 68 degrees 31 minutes 41 seconds West a distance of 134.58 feet to a point; thence along by same along a curve to the right having a radius of 12.00 feet, an arc length of 18.85 feet and a chord bearing of North 23 degrees 32 minutes 22 seconds West a distance of 16.97 feet to a point; thence by san~e North 21 degrees 27 minutes 38 seconds East a distance of 342.31 feet to a point; thence by same along a curve to the fight having a radius of 225.00, an arc length of 192.59 feet and a chord bearing of North 45 degrees 58 minutes 54 seconds East a distance of 186.76 feet to a point; thence by same North 70 degrees 30 minutes 09 seconds East a distance of 18.24 feet to a point; thence along the western right-of-way line of Allendale Road South 19 degrees 19 minutes 48 seconds East a distance of 322.12 feet to a point, the place of BEGINNING. Containing: 96,148 square feet (2.21 acres) BEING part of the same premises which WESLEY AFFILIATED SERVICES, INC., by its deed dated May 23, 2001, and intended to be recorded in Office of the Cumberland County Recorder of Deeds, granted and conveyed unto STONEHEDGE LANE ASSOCIATES, a Pennsylvania limited partnership, for itself as to part; and as Straw Party for ALLLENDALE ROAD ASSOCIATES, a Pennsylvania limited partnership, as to the remaining part.