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HomeMy WebLinkAbout01-3594 COMMONWEALTH OF PENNSYLVANIA - UCC1 __ ~ pARTIES Uniform C~rnm~dd C¢~b F~m UCC-1 ~ ~ (~t ~ ~t ~ ~ ,,~ ~s: 3~9 2~8T ~ ~RTH W~.T.U, ~ 37203 ~. 01-- ~ ~CC '~ 1 In m ~ ~ ~(c~ka~: 0 ~1~~' E 11 ; ~s~ ~t ~,,~ CO~TE~ Co~ ~ d ~ ~ ~R~ ~S~I~ ~ E~IT B ATT~D ~ ~R~ DES~I~D ~ E~IBIT A ATTenD Ms ) ~9 t~ t 2 ~ ~ ~ ~B P~T ~OF. ~ss ~ se~ ~t ~u~ ATTACHMENT TO PENNSYLVANIA UCC1: ARCH & SIMPSON LLC (DEBTOR) ITEMS CONTINUED FROM FORM: 2. Secured Party name and address: MORGAN GUARANTY TRUST COMPANY OF NEW YORK 400 PERIMETER CENTER TERRACE, SUITE 575 ATLANTA, GA 30346 Page 1 EXHIBIT A (Description of Land) All of that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being described as follows: ALL T~AT CBRTAIN tract or parcel of land s~tuated at the southwestern corner of East Simpson and South Arch Streets, in the Second Ward.o~ Mechanicsburg Borough, County of Cumberland and State of Pennsylvania0 being more particularly bounded and described i~ ac~or~e with a survey made by Harridan & Associates, dated October ~, ~, as follows~ BEGINNING at a point at the southwest ri~ht-o~-~aY_ip~er~e~t~n ?~ Eas~ Simpson Street (S.R. 2014) and So, thAtch Straeu, ~ocn sixty (60') wide publi= righ=-of-ways; thence alon~ the.~s=ern_r~h=io£'way line o~ South Arch Street Sou~h ten (10) depress z~=een (15) Eas~, a dis=ante o~ one.hundred =eh (110.00) ~ee~ =oa pein= nor=hwes~ ri~h=-o~-way Ln=er~c~on of Sou~h ~ch S~ree= and King right-of-way llne o~ King Alley, Sou~n eighty-one ~ owen=y-five (25) minu=es We~=, a dis=ante of =we hundred and ninety-~wo hundred=he (~4S.92) fee~ to a pein= a= lands now la~e of.Rober~ P., Jr. and Al~hea Span~lerl =hence along said l~ds, North n=ne (09) degrees ~or~y (40) minu~es WesC, a ~is~ance of one h - ~ ...... .-~ .... ~ eix=~ =brae hundredths (129.63) fee~ to a uoxn~ on ~he southern right-of-way lzne o~ East SAmpson ~orementxoned; thence along the southern ri~h=-of-way line of Eas~ S=~son S~ree=, Nor=h eighty-six (86) degrees Ess= a distanc~ of two h~red for~y-~ive.and nine=y-five hundreduhs (245.9~) fe~u a= =he sou=hwest r~gh~-of-way in=ersec=ion el Eas~ Simpson and South Arch Stree=s, =he place o~ BEGI~I~. Loan No.: V_17921 Debtor: Arch & Simpson LLC Tax I.D. #: 54-2031637 Secured Party: MORGAN GUARANTY TRUST COMPANY OF NEW YORK EXHIBIT "B" to UCC Financing Statement All of Debtor's estate, right, title and interest in, to and under the following described property whether now owned or hereinafter acquired by Debtor (collectively, the "Property") 1. Land. The real property described in ~ attached hereto and made a part hereof(collectively, the "Land"), together with additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the development, ownership or occupancy of such real property, and ail additional lands and estates therein which may, from time to time, by supplementai mortgage or otherwise be expressly made subject to the lien of that certain Open-End Mortgage and Security Agreement executed in connection her~vith (the "Security Instrnme'~t"); 2. ~. The buildings, structures, fixtures, additions, accessions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the "lmprovemeuts"); 3. ~. All easements, rights-of-way or us~, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenen~ents, lier~ditamen~s and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and ail the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto; 4. Fixtures and Personal Pronertv. All machinery, equipment, goods, inventory, consumer goods, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter MO 165:0M064:183648:LOUISVILLE 053101:1 LoanNo.: V 17921 Debtor: Arch & Simpson LLC Tax I.D. #: 54-2031637 located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of thc Land and the Improvements, and the right, title and interest of Debtor in and to any of the Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of the Security Instrument and all proceeds and products of the above; 5. ~. All leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereal~er entered into, whether before or afier the filing by or against Debtor of any petition for relief under I 1 U.S.C. §101 et S~;l., as the same may be amended from time to time (the "Bankrnptey Code") (individually, a "Lease"; collectively, the "Leases") and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents (including all tenant security and other deposits), additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or afier the filing by or against Debtor of any petition for relief under the Bankruptcy Code (collectively the "Ren~") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt; 6. CgJ~. All awards or payments, including interest the~on, which may heretofore and hereafter be made with respect to the Property, whether fi.om the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property; 7. ~. All proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property; 8. ~. Ali refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; 9. Conversion. Ali proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims; 10. Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or MO 165:0MO64:183648:LOUISVI LLE 2 053101:1 Loan No.: V_17921 Debtor: Arch & Simpson LLC Tax I.D. #: 54-2031637 proceeding to protect the interest of Secured Party in the Property; I I. A.A__EI~. All agreements, contracts (including purchase, sale, option, right of first refusal and other contracts pertaining to the Property), certificates, instruments, franchises, permits, licenses, appwvals, consents, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Property (including any Impwvements or respecting any business or activity con~'lucted o, thc Land and any part thereof) and all r/ght, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Debtor thereunder; 12. ~. All tradenames, trademarks, servicemarks, logns, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; 13. Accounts. All accounts, accounts receivable, escwws (including, without limitation, all escrows, deposits, reserves and impounds established pursuant Article 16 of the Security Instrument), documents, instruments, chattel paper, claims, reserves (including deposits) representations, warranties and general intangibles, as one or more of the foregoing terms may be defined in the Uniform Commercial Code, and all contract rights, franchises, books, records, plans, specifications, permits, licenses (to the extent assignable), appwvals, actions, choses, claims, suits, proofs of claim in bankruptcy and causes of action which now or hereafter relate to, are derived from or are used in connection with the Pwperty, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon; and 14. ~er.Q.~.~_P.P.P.P~. Any and all other rights of Debtor in and to the Property and any accessions, renewals, replacements and substitutions of all or any portion of the Property and all proceeds derived from the sale, transfer, assignment or financing of the Property or any portion thereof. MO 165:0MOb4:183648:LOUISVILLE 3 05310i:1