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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 86.00 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