HomeMy WebLinkAbout2015 - Assignment of Deed of Trust, Assignment of Leases and Rents and Security Agreement - SEG 56th LLC / Bancorp Bank - 20150706001676DOCUMENT PREPARED BY AND
WHEN RECORDED, RETURN TO:
ANDERSON, McCOY & ORTA, P.C.
100 North Broadway, Suite 2600
Oklahoma City, Oklahoma 73102
Telephone: 888-236-0007
DOCUMENT DATE:
EFFECTIVE AS OF MAY 20, 2015
Electronically Recorded
20150706001676
SIMPLIFILE ADT
Page 001 of 007
07/06/2015 04:56
King County, WA
20150706001676.001
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DOCUMENT TITLE:
ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND
SECURITY AGREEMENT
BORROWER(S):
SEG 56TH, LLC
GRANTOR/ASSIGNOR:
THE BANCORP BANK, A DELAWARE STATE -CHARTERED BANK, HAVING AN
ADDRESS AT 712 FIFTH AVENUE, 11TH FLOOR, NEW YORK, NY 10019
GRANTEE/ASSIGNEE:
WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF
THE REGISTERED HOLDERS OF CSAIL 2015-C2 COMMERCIAL MORTGAGE TRUST,
COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2015-C2,
HAVING AN ADDRESS AT 1100 NORTH MARKET STREET, WILMINGTON, DE 19890,
PROPERTY DESCRIPTION:
1. PARCEL NUMBER(S): 152304-9011-00
2. ABBREVIATED LEGAL: PTN SEC 15 7WN 23N RGE 4E, SE QTR SW QTR
SEE EXHIBIT A ATTACHED FOR COMPLETE LEGAL DESCRIPTION
RECORDING NUMBER REFERENCE(S):
# 20150324000831
Reference No.: 4507.009
Matter Name: Riverton Heights Shopping Center
Poot: CSAIL 2015-C2
20150706001676.002
ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND
SECURITY AGREEMENT
THE BANCORP BANK, a Delaware state -chartered bank
(Assignor)
SEG 5616 LLC
(Borrower)
to
WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE
REGISTERED HOLDERS OF CSAIL 2015-C2 COMMERCIAL MORTGAGE TRUST,
COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2015-C2
(Assignee)
Effective as of May 20, 2015
Parcel Number(s): 152304-9011-00
County of King
State of Washington
DOCUMENT PREPARED BY AND WHEN RECORDED, RETURN TO:
ANDERSON, McCOY & ORTA, P.C.
100 North Broadway, Suite 2600
Oklahoma City, Oklahoma 73102
Telephone: 888-236-0007
20150706001676.003
ASSIGNMENT OF DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND
SECURITY AGREEMENT
As of the 20th day of May, 2015, THE BANCORP BANK, a Delaware state -chartered
bank, having an address at 712 Fifth Avenue, llth Floor, New York, NY 10019, ("Assignor"), as
the holder of the instrument hereinafter described and for valuable consideration hereby
endorses, assigns, sells, transfers and delivers to WILMINGTON TRUST, NATIONAL
ASSOCIATION, AS TRUSTEE, ON BEHALF OF T.HE REGISTERED HOLDERS OF CSAIL
2015-C2 COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS -
THROUGH CERTIFICATES, SERIES 2015-C2, having an address at 1100 North Market
Street, Wilmington, DE 19890, ("Assignee"), its successors, participants and assigns, without
recourse or warranty, all right, title and interest of Assignor in and to that certain:
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND
SECURITY AGREEMENT made by SEG 56TH, LLC, a Washington limited
liability company to Assignor dated as of March 23, 2015 and recorded on March
24, 2015, as Document Number 20150324000831 in the Recorder's Office of
King County, Washington (as the same has heretofore been amended, modified,
restated, supplemented, renewed or extended), securing payment of note(s) of
even date therewith, in the original principal amount of $5,595,000.00, and
creating a first lien on the property described in Exhibit A attached hereto and by
this reference made a part hereof.
Together with any and all notes and obligations therein described, the debt and claims
secured thereby and all sums of money due and to become due thereon, with interest provided
for therein, and hereby irrevocably appoints Assignee hereunder its attorney to collect and
receive such debt, and to foreclose, enforce and satisfy the foregoing the same as it might or
could have done were these presents not executed, but at the cost and expense of Assignee.
Together with any and all other liens, privileges, security interests, rights, entitlements,
equities, claims and demands as to which Assignor hereunder possesses or to which Assignor is
otherwise entitled as additional security for the payment of the notes and other obligations
described herein.
This Assignment shall be binding upon and shall inure to the benefit of the parties hereto
and their respective successors and assigns.
[SIGNATURE(S) ON THE FOLLOWING PAGE]
Reference No.: 4507.009
Mauer Name: Riverton Heights Shopping Center
Pool: CSAIL 2015•C2
20150706001676.004
4 z LIIN WITNESS WHEREOF, the Assignor has caused this instrument to be executed this
1 day of May, 2015.
THE BANCORP BANK, a Delaware
state -chartered bank
Name: Timothy f Hallock
Title: Managing Director
STATE OF NEW YORK §
COUNTY OF NEW YORK §
On the ) '`- day of May, 2015, before me, the undersigned, a Notary Public in and for
said state, personally appeared Timothy J. Hallock, personally known to me or proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity as
Managing Director of The Bancorp Bank, a Delaware state -chartered bank and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS • yl hand and official seal.
Signature:
Public
My Commission Expires: )
SOPHIA TZANNES
Notary Puti.[, S;r:;L ni New York
„0. (f Zti`:0 , 7
Oval; eci fa 0..:=.trs County
Ca:?ifie; Se d>c; lfl rcs1 Y;; . vow] rty
Cunru;_diun E;:p:as July 27, 20 t 7
Reference No.: 4507.009
Matter Name: Riverton Heights Shopping Center
Pool: CSAIL 2015-C2
20150706001676.005
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SUBDIVISION WHICH
IS 25 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 330
FEET PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION TO THE
SOUTHWEST CORNER OF LOT 10, BLOCK 3, JAMES CLARK'S GARDEN ADDITION
TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 13 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON;
THENCE EAST 264 FEET ALONG THE SOUTH LINE OF SAID LOT 10; THENCE SOUTH
330 FEET, MORE OR LESS, PARALLEL WITH THE WEST LINE OF SAD SUBDIVISION
TO THE SOUTHERLY LINE THEREOF; THENCE WEST 264 FEET ALONG SAID
SOUTHERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 180 FEET THEREOF.
EXCEPT THE NORTH 60 FEET AS MEASURED ALONG THE WEST LINE THEREOF.
EXCEPT THE WEST 5 FEET OF THE REMAINDER THEREOF CONVEYED TO KING
COUNTY FOR 37TH AVENUE SOUTH BY DEED RECORDED JUNE 2, 1972 UNDER
RECORDING NO. 7206020386.
PARCEL B:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH LINE OF SAID SUBDIVISION AT A POINT 229.00 FEET
EASTERLY OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 213'57" EAST
PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 20.00 FEET TO THE TRUE
POINT OF BEGINNING: THENCE NORTH 213'57" EAST PARALLEL WITH THE WEST
LINE OF SAID SUBDIVISION 160.00 FEET; THENCE SOUTH 8735'33" EAST PARALLEL
WITH THE SOUTH LINE OF SAID SUBDIVISION 60.00 FEET; THENCE SOUTH 213'57"
WEST PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 6.10 FEET; THENCE
SOUTH 8633'03" EAST 261.03 FEET TO THE WESTERLY MARGIN OF STATE
HIGHWAY NO. 1; THENCE SOUTH 2007'27" WEST ALONG SAID WESTERLY MARGIN
Reference No.: 4507.009
Matter Name: Riverton Heights Shopping Center
Pool: CSAIL 2015-C2
20150706001676.006
93.60 FEET; THENCE NORTH 8735'33" WEST PARALLEL WITH THE SOUTH LINE OF
SAID SUBDIVISION 139.17 FEET; THENCE SOUTH 224'27" WEST 60.00 FEET; THENCE
NORTH 8735'33" WEST 152.86 FEET TO THE TRUE POINT OF BEGINNING.
ALSO BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF STATE
ROAD NO. 1 WITH THE NORTH LINE OF THE SOUTH 20.00 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE
WEST ALONG SAID NORTH LINE 120 FEET; THENCE NORTH AT RIGHT ANGLES
THERETO 60 FEET; THENCE EAST PARALLEL TO SAID NORTH LINE TO THE
WESTERLY MARGIN OF STATE ROAD NO. I; THENCE SOUTHERLY ALONG SAID
WESTERLY MARGIN TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON RECORDED
DECEMBER 14, 1995 UNDER RECORDING NO. 9512140574;
AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY
INSTRUMENTS RECORDED MAY 1, 2006 UNDER RECORDING NOS. 20060501000630
AND 20060501000631.
PARCEL C:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION WHICH IS
SOUTH 8735'33" EAST 289 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 213'57" EAST PARALLEL TO THE WEST LINE OF SAID
SUBDIVISION 173.90 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT
HERE IN DESCRIBED; CONTINUING THENCE NORTH 213'5r EAST 105.40 FEET;
THENCE SOUTH 8633'03" EAST 294.65 FEET TO THE WESTERLY MARGIN OF STATE
HIGHWAY NO. 1; THENCE SOUTHERLY ALONG AN ARC OF A CURVE TO THE
RIGHT WHOSE RADIUS IS 1,860 FEET, 25.11 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 2017'27" WEST ALONG SAID WESTERLY MARGIN OF STATE ROAD
NO. 1, 84.84 FEET; THENCE NORTH 8633'03" WEST 261.03 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL D:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION DISTANT
SOUTH 8735'33" EAST 289 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 213'57" EAST PARALLEL WITH THE WEST LINE OF SAID
SUBDIVISION 279.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE
Reference No.: 4507.009
Matter Name: Riverton Heights Shopping Center
Pool: CSAIL 2015-C2
20150706001676.007
CONTINUING NORTH 213'57" EAST 151.6 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER OF LOT 10, BLOCK 3, JAMES CLARK'S GARDEN ADDITION
TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 13 OF PLATS, PAGE 12, IN KING COUNTY, WASHINGTON; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID BLOCK 3 TO THE WESTERLY
MARGIN OF STATE HIGHWAY NO. 1; THENCE SOUTHWESTERLY ALONG SAID
WESTERLY MARGIN TO A POINT WHICH BEARS SOUTH 8633'03" EAST 294.65 FEET
FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 8633'03" WEST 294.65
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL E:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 10, BLOCK 3, JAMES CLARK'S
GARDEN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 12, IN KING COUNTY,
WASHINGTON; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 10 A
DISTANCE OF 264 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 60 FEET; THENCE
WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 10 A DISTANCE OF 264
FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 60 FEET TO THE POINT OF
BEGINNING.
EXCEPT THE WEST 5 FEET THEREOF CONVEYED TO KING COUNTY FOR 37TH
AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 7206020386.
Reference No.: 4507.009
Matter Name: Riverton Heights Shopping Center
Pool: CSAIL 2015-C2