Contract
Exhibit 10.49
| I certify this to be a true and exact copy of the original. | ||
| When recorded, return to: | By: /s/ | |
| Xxxxx X. Xxxxxxxx, Esquire | ||
| Xxxxxxxx Xxxxxxx LLP | ||
| Xxxx Xxxxxx Xxx 0000 | ||
| Xxxxxxxx, Xxxxxxxx 00000-0000 | ||
Grove at Waterford Crossing
ASSIGNMENT OF SECURITY INSTRUMENT
(MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING)
CWCAPITAL LLC, a Massachusetts limited liability company, whose address is One Xxxxxxx River Place, 00 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000 ("Lender"), as the holder of the instrument hereinafter described and for valuable consideration hereby endorses, assigns and delivers to XXXXXX MAE, a corporation organized under the laws of the United States of America, whose address is x/x XXXxxxxxx XXX, Xxx Xxxxxxx Xxxxx Xxxxx, 00 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000, its successors, participants and assigns, all right, title and interest of Lender in and to the following:
A Multifamily Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, among Xxxx BR Waterford Crossing JV, LLC, a Delaware limited liability company (the “Borrower”), X. Xxxxxxxx Xxxxx, as Trustee, and Lender, as Beneficiary, dated as of the 4th day of April, 2012, and recorded immediately prior hereto, in the Register's Office of Xxxxxx County, Tennessee, securing the payment of a Multifamily Note, dated as of the 4th day of April, 2012, in the original principal amount of $20,100,000.00 made by the Borrower, payable to the order of Lender, 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 secured thereby and all sums of money due and to become due thereon, with the 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 governed in all respects by the laws of the state in which the aforementioned instrument was recorded and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Lender has caused its name to be signed hereto by Xxxx X. Xxxxxxxxxxx, its Managing Director, and does hereby appoint said Xxxx X. Xxxxxxxxxxx its authorized officer to execute, acknowledge and deliver these presents on its behalf, all done as of this 4th day of April, 2012.
| -1- |
| CWCAPITAL LLC, a Massachusetts limited liability company | ||
| By: | /s/ Xxxx X. Xxxxxxxxxxx | |
| Xxxx X. Xxxxxxxxxxx | ||
| Managing Director | ||
STATE OF New York, New York County ss:
On this 19th day of March , 2012, before me personally appeared Xxxx X. Xxxxxxxxxxx, Managing Director of CWCapital LLC, a Massachusetts limited liability company, to me known to be the person who executed the foregoing instrument on behalf of said limited liability company, and acknowledged the execution of the same to be the free act and deed of said limited liability company. Witness my hand and official seal.
My Commission Expires:
| /s/ Xxxxx Xxxxxxxxx | |
| Notary Public |
| XXXXX XXXXXXXXX | |
| Notary Public, State of New York | |
| Registration #02GO6209885 | |
| Qualified in Nassau County | |
| Commission Expires August 3, 2013 |
| -2- |
EXHIBIT A
TO THE ASSIGNMENT OF SECURITY INSTRUMENT
The land referred to is located in the County of Xxxxxx, State of Tennessee, described as follows:
Being a tract of land lying in the 0xx Xxxxxxxx xx Xxxxxx Xxxxxx, Xxxxxxxxxxxxxx, Xxxxxxxxx. Bounded on the east by the western Right of Way (ROW) of Xxxxxxx Ferry Road; bounded on the south by U.S.A. Army Corps., by a portion of Resubdivision of Hickory Bay Towers and Central Baptist Church Properties as recorded in Plat Book 19, Page 62, Register's Office of Xxxxxx County (ROSC), being Central Baptist Church of Hendersonville, as recorded in Book 520, Page 342, ROSC, and by Xxxx X. XxXxxxx as recorded in Book 2567, Page 239, ROSC; bounded on the west by said XxXxxxx and by Xxxx Corp. as recorded in Book 3198, Page 797, ROSC; and bounded on the north by said Xxxx Corp. Tract being described as follows:
POINT OF BEGINNING being a set iron rod with cap lying on the southwest corner of the intersection said Xxxxxxx Ferry Road and Spadeleaf Boulevard (private road); thence along said western ROW of Xxxxxxx Ferry Road with the following: Xxxxx 00x00'00" Xxxx 212.82 feet to a set iron rod with cap; thence South 30°37'38" East 217.82 feet to a set iron rod with cap; thence South 31°38'08" East 161.98 feet to a set iron rod with cap; thence leaving said ROW and along the common line of said U.S.A. Army Corps South 72°07'49" West 208.00 feet to a found Anny Corps. boundary marker; thence along the common line of said Central Baptist Church with the following: North 85°29'14" West 698.24 feet to a found ½” iron rod; thence South 04°37'59" West 147.00 feet to a set iron rod with cap; thence along the common line of said XxXxxxx with the following: North 85°28'30" West 293.77 feet to a set iron rod with cap; thence North 04°30'46" East 95.19 feet to a set iron rod with cap; thence North 85°29'14" West 162.59 feet to a set iron rod with cap; thence along a curve to the right having a length of 51.08 feet, a radius of 34.00 feet, a central angle of 86°04'44", a tangent of 31.75 feet, and having a chord bearing and distance of North 42°26'59" West 46.41 feet to a set iron rod with cap; thence along a curve to the left having a length of 4.50 feet, a radius of 3.00 feet, a central angle of 85°56'52", a tangent of 2.80 feet, and having a chord bearing and distance of North 42°26'59" West 4.09 feet to a set iron rod with cap; thence North 85°29'14" West 31.21feet to a set iron rod with cap; thence along the common line of said XxXxxxx and Xxxx Corp. North 04°53'27" East 329.94 feet to a set iron rod with cap; thence along the common line of said Xxxx Corp. with the following: Xxxxx 00x00'00" Xxxx 317.86 feet to set iron rod with cap; thence North 03°48'55" East 93.86 feet to a set iron rod with cap; thence South 86°12'40" East
136.67 feet to a set iron rod with cap; thence along a curve to the left having a length of 592.86 feet, a radius of 676.00 feet, a central angle of 50°14'56", a tangent of 317.01 feet, and having a chord bearing and distance of North 83°20'48" East 574.04 feet to a set iron rod with cap; thence North 58°22'23" East
65.78 to the point of beginning.
Tract contains 579, 263 square feet or 13.29 acres.
Being the same property conveyed to XXXX BR WATERFORD CROSSING JV, LLC, A DELAWARE LIMITED LIABILITY COMPANY, by deed of record in Book , page , said Register's Office.
Together with the beneficial rights contained in the Easement Agreement of record in Record Book 3236, page 822, said Register's Office, as amended by that Amendment to Easement Agreement of Record in Book , page , said Register's Office.
