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Exhibit 4.10
PREPARED BY AND
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Xxxxxx & Xxxxxxx
000 Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attention: Xxx N.A. Boras, Esq.
For recording purposes only
ASSIGNMENT OF RENTS AND LEASES
This Assignment of Rents and Leases (this "Agreement") is
executed as of November 5, 1996 by ECHELON INTERNATIONAL CORPORATION, a Florida
corporation, with an address at Xxx Xxxxxxxx Xxxxx, Xx. Xxxxxxxxxx, Xxxxxxx
00000 ("Borrower"), as successor to the entities, and by operation of the
transactions, described in Schedule 1 hereto, as applicable, to SALOMON
BROTHERS REALTY CORP., a New York corporation, with an address at Seven Xxxxx
Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 ("Lender").
AGREEMENT:
For valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Borrower and Lender agree as follows:
1. Absolute Assignment. Borrower unconditionally and
absolutely assigns to Lender, to the extent not prohibited by the terms
thereof, all of Borrower's right, title and interest in and to: (a) all leases,
subleases, occupancy agreements, licenses, usufructs, rental contracts and
other agreements now or hereafter existing relating to the use or occupancy of
the project located on the real property described in Exhibit A hereto (the
"Property"), together with all guarantees, modifications, extensions and
renewals thereof (collectively, the "Leases"); and (b) all rents, issues,
profits, income and proceeds due or to become due from tenants of the Property,
including rentals and all other payments of any kind under the Leases, together
with all deposits (including security deposits) of tenants thereunder
(collectively, the "Rents"). This Agreement is an absolute assignment to Lender
and not an assignment as security for the performance of the obligations (the
"Obligations") under the Loan Documents (defined below), or any other
indebtedness.
2. Rights of Lender. Subject to the provisions of
Section 6 below, Lender shall have the right, power and authority to: (a)
notify any person that the Leases have been assigned to Lender and that all
Rents are to be paid directly to Lender, whether or not Lender has commenced or
completed foreclosure or taken possession of the Property; (b) settle,
compromise, release, extend the
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time of payment of, and make allowances, adjustments and discounts of any Rents
or other obligations under the Leases; (c) enforce payment of Rents and other
rights under the Leases, prosecute any action or proceeding, and defend against
any claim with respect to Rents and Leases; (d) enter upon, take possession of
and operate the Property; (e) lease all or any part of the Property; and/or (f)
perform any and all obligations of Borrower under the Leases and exercise any
and all rights of Borrower therein contained to the full extent of Borrower's
rights and obligations thereunder, with or without the bringing of any action
or the appointment of a receiver. At Lender's request, Borrower shall deliver a
copy of this Agreement to each tenant under a Lease and to each manager and
managing agent or operator of the Property. Borrower irrevocably directs any
tenant, manager, managing agent, or operator of the Property, without any
requirement for notice to or consent by Borrower, to comply with all demands of
Lender under this Agreement and to turn over to Lender on demand all Rents
which it receives.
3. No Obligation. Notwithstanding Lender's rights
hereunder, Lender shall not be obligated to perform, and Lender does not
undertake to perform, any obligation, duty or liability with respect to the
Leases, Rents or Property on account of this Agreement. Lender shall have no
responsibility on account of this Agreement for the control, care, maintenance
or repair of the Property, for any waste committed on the Property, for any
dangerous or defective condition of the Property, or for any negligence in the
management, upkeep, repair or control of the Property.
4. Right to Apply Rents. Lender shall have the right,
but not the obligation, to use and apply any Rents received hereunder in such
order and such manner as Lender may determine for:
(a) Enforcement or Defense. The payment of costs and
expenses of enforcing or defending the terms of this
Agreement or the rights of Lender hereunder, and
collecting any Rents;
(b) Loan Payments. Interest, principal or other amounts
payable pursuant to (1) the Loan Agreement of even
date among Lender, Borrower and LaSalle National
Bank, as collateral agent (the "Loan Agreement"); (2)
the Promissory Note of even date herewith in the
stated principal amount of $105,000,000, executed by
Borrower, bearing interest and being payable to the
order of Lender (the "Note"); (3) the Mortgage,
Assignment of Leases and Rents, Security Agreement
and Fixture Filing, of even date, executed by
Borrower for the benefit of Lender and relating to
the Property (the "Mortgage"); and all other
documents and instruments evidencing, governing and
securing the loan evidenced by the Note (the "Loan")
and any and all modifications, amendments or
extensions thereof or replacements or substitutions
therefor (the Loan Agreement, the Note, the Mortgage,
such other documents and instruments, and such
modifications, amendments, extensions, replacements,
and substitutions thereof being herein collectively
called the "Loan Documents"); and
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(c) Operating Expenses. Payment of costs and expenses of
the operation and maintenance of the Property,
including (1) rentals and other charges payable by
Borrower under any ground lease or other agreement
affecting the Property; (2) electricity, telephone,
water and other utility costs, taxes, assessments,
water charges and sewer rents and other utility and
governmental charges levied, assessed or imposed
against the Property; (3) insurance premiums; (4)
costs and expenses with respect to any litigation
affecting the Property, the Leases or the Rents; (5)
wages and salaries of employees, commissions of
agents and reasonable attorneys' fees and expenses;
and (6) all other carrying costs, fees, charges,
reserves, and expenses whatsoever relating to the
Property.
After the payment of all such costs and expenses and after Lender has
established such reserves as it, in its sole discretion, deems necessary for
the proper management of the Property, Lender shall apply all remaining Rents
received by it to the reduction of the Obligations.
5. No Waiver. The exercise or nonexercise by Lender of
the rights granted in this Agreement or the collection and application of Rents
by Lender or its agent shall not be a waiver of any default by Borrower under
this Agreement or any other Loan Document. No action or failure to act by
Lender with respect to any obligations of Borrower under the Loan Documents, or
any security or guaranty given for the payment or performance thereof, shall in
any manner affect, impair or prejudice any of Lender's rights and privileges
under this Agreement, or discharge, release or modify any of Borrower's duties
or obligations hereunder.
6. Revocable License. Notwithstanding that this
Agreement is an absolute assignment of the Rents and Leases and not merely the
collateral assignment of, or the grant of a lien or security interest in the
Rents and Leases, Lender grants to Borrower a revocable license to collect and
receive the Rents and to retain, use and enjoy such Rents and to otherwise have
the rights and obligations with respect to the Leases as granted Lender in
Section 2 above. Such license may only be revoked by Lender upon the
occurrence of any Event of Default and the acceleration of the Indebtedness
(each as defined in the Loan Agreement). Borrower shall apply any Rents which
it receives to the payment of debt service on the Note and other payments due
under the Loan Agreement, taxes, assessments, water charges, sewer rents and
other governmental charges levied, assessed or imposed against the Property,
insurance premiums, operation and maintenance charges relating to the Property,
and other obligations of lessor under the Leases before using such proceeds for
any other purpose.
7. Term. This Agreement shall continue in full force and
effect until (a) all amounts due under the Loan Documents are paid in full, and
(b) all other obligations of Borrower under the Loan Documents are fully
satisfied. This Agreement shall be released and terminated as, when and to the
extent the Mortgage is released and discharged without the need to execute and
deliver further instruments; provided, however, that Lender shall, upon
Borrower's written request and at Borrower's sole cost and expense, execute and
deliver (in recordable form, if necessary), such documents as shall be
necessary to release, cancel and terminate this Agreement.
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8. Appointment. Borrower irrevocably appoints Lender its
true and lawful attorney in fact, which appointment is coupled with an
interest, to execute any or all of the rights or powers described herein with
the same force and effect as if executed by Borrower, and Borrower ratifies and
confirms any and all acts done or omitted to be done by Lender, its agents,
servants, employees or attorneys in, to or about the Property.
9. Liability of Lender. Lender shall not in any way be
liable to Borrower for any action or inaction of Lender, its employees or
agents under this Agreement.
10. Indemnification. Borrower shall indemnify, defend and
hold harmless Lender from and against all liability, loss, damage, cost or
expense which it may incur under this Agreement or under any of the Leases,
including any claim against Lender by reason of any alleged obligation,
undertaking, action, or inaction on its part to perform or discharge any terms,
covenants or conditions of the Leases or with respect to Rents, and including
attorneys' fees and expenses, but excluding any claim to the extent caused by
Lender's fraud, bad faith, gross negligence or willful misconduct. Any amount
covered by this indemnity shall be payable on demand, and shall bear interest
from the date of demand until the same is paid by Borrower to Lender at a rate
equal to the Default Rate (as defined in the Loan Agreement).
11. Modification. This Agreement may not be changed
orally, but only by an agreement in writing signed by the party against whom
enforcement of such change is sought.
12. Successors and Assigns. This Agreement shall inure to
the benefit of Lender and its successors and assigns and shall be binding on
Borrower and its successors and assigns.
13. Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the State of New York.
14. Conflict. If any conflict or inconsistency exists
between the absolute assignment of the Rents and the Leases in this Agreement
and the assignment of the Rents and Leases as security in the Mortgage, the
terms of this Agreement shall control. If, and to the extent that, any
provision of this Agreement shall conflict or be inconsistent with a provision
contained in the Loan Agreement, then, unless this Agreement shall expressly
provide that this Agreement shall control notwithstanding any other Loan
Document to the contrary, the Loan Agreement provision shall control.
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15. Limitation on Liability. Borrower's liability
hereunder is subject to the limitation on liability provisions of Section 8.24
of the Loan Agreement.
[REST OF PAGE INTENTIONALLY DELETED]
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Executed as of the date first written above.
ECHELON INTERNATIONAL CORPORATION
a Florida corporation
WITNESSES: By:
-----------------------------
Name: Xxxxx X. Xxxxxxx
------------------------- Title: Senior Vice President
Name: Address: Xxx Xxxxxxxx Xxxxx
Xx. Xxxxxxxxxx, XX 00000
-------------------------
Name:
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STATE OF NEW YORK )
)
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this ____ day of
November, 1996, by _______________, as _________________ of Echelon
International Corporation, a Florida corporation, on behalf of such
corporation. He/She either [please check as applicable] ___ is personally known
to me, or ____ has presented _____________________ as identification.
----------------------------
Notary Public
Print Name:
----------------
(NOTARIAL SEAL)
My Commission Expires:
Commission No.:
------------
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EXHIBIT A-1
LEGAL DESCRIPTION
[100 CARILLON]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Pinellas County, State of Florida, being more particularly described as
follows:
Parcel I:
Lot One (1), Block Eight (8), Replat of Carillon, according to the map or Plat
thereof recorded in Plat Book 96, pages 29 through 36, inclusive, Public
Records of Pinellas County, Florida.
Parcel II:
All of the right, title and interest which run with the aforesaid land
described as Parcel I, under that certain Declaration of Protective Covenants,
Building Standards and Easements of Carillon recorded in O.R. Book 6340, page
266, and First Supplement thereto recorded in O.R. Book 6340, page 366 and
further supplemented by the following: O.R. Book 6485, page 762; O.R. 9283,
page 202; O.R. Book 9283, page 206; O.R. Book 9329, page 11; O.R. Book 9334,
page 386; O.R. Book 9336, page 433; O.R. Book 9350, page 1691; O.R. Book 9452,
page 822; and O.R. Book 9457, page 876.
A-1
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EXHIBIT A-2
[XXXXXXX TOWER]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Pinellas County, State of Florida, being more particularly described as
follows:
Xxx 0, Xxxxx 0, Xxxxxxxx Xxxxxx Xxxxxx, according to the map or plat thereof
recorded in Plat Book 100, Page 65, Public Records of Pinellas County, Florida.
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EXHIBIT A-3
[HIGHPOINT CENTER]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Xxxx County, State of Florida, being more particularly bounded and described as
follows:
Begin at the Southeast corner of Lot Number 177 in the Original Plan of the
City of Tallahassee, according to the map or Plat thereof recorded in Plat Book
1, page 10, Public Records of Xxxx County, Florida, where it corners with Lot
Number 178, on College Avenue, formerly Clinton Street, and thence run West
along the North side of Xxxxxxx Xxxxxx 00 feet to a point which is the Point of
Beginning, and which is approximately 150 feet East of the corner of Xxxxx
Street and College Avenue, thence run North 153 feet and 4 inches, thence West
52 feet and 2 inches, thence South 36 feet and 8 inches, thence East 6 inches,
thence South 36 feet and 8 inches, thence East 14 inches, thence South 80 feet
to the North side of College Avenue, thence East along the North side of
Xxxxxxx Xxxxxx 00 feet and 6 inches to the Point of Beginning;
AND ALSO
Begin at the Southeast corner of Lot Number 177 in the Original Plan of the
City of Tallahassee, according to the map or Plat thereof recorded in Plat Book
1, Page 10, Public Records of Xxxx County, Florida, thence run North 153 feet
and 4 inches, thence West 10 feet, thence South 153 feet and 4 inches, thence
East 10 feet, to the Point of Beginning.
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EXHIBIT A-4
[XxXXXXX STATION]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Pinellas County, State of Florida, being more particularly described as
follows:
Xxxx 0, 0, 0, 0, 0, 0, 0, 0, 0, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20,
Block 36, Revised Map of the City of St. Petersburg, according to the map or
plat thereof recorded in Plat Book 1, Page 49, of the Public Records of
Hillsborough County, Florida, of which Pinellas County, Florida was formerly a
part.
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EXHIBIT A-5
[PROGRESS CENTER]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Alachua County, State of Florida, being more particularly described as follows:
PARCEL 1:
Parcels A and C of REPLAT OF PROGRESS CENTER, according to the map or plat
thereof recorded in Plat Book P, pages 48 and 49, of the public records of
Alachua County, Florida.
PARCEL 2:
TOGETHER WITH a perpetual, non-exclusive, alienable easement for the flow of
storm water, surface water, groundwater and any other diffused water, including
ingress, egress, access, use and maintenance on, over, across, under and
through the real property described in Exhibit "A" to that certain Drainage
Easement Agreement recorded October 8, 1991 in O.R. Book 1830, Page 345, Public
Records of Alachua County, Florida.
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EXHIBIT A-6
[MARINA]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Pinellas County, State of Florida, being more particularly described as
follows:
PARCEL 1:
Lots 9 through 14 inclusive in Block 4; Lots 7 and 8 in Block 14; The South 40
feet of Lot 8 in Block 15; and Lots 15 and 16, inclusive, in Block 16; Lots 1
and 2 and the North 10 feet of Lot 3 in Block 17; Lots 9 through 13 inclusive
in Block 25 of X.X. XXXXXXX'X REARRANGEMENT of X.X. XXXXXXX'X PLAN OF BAYBORO,
according to the map or plat thereof recorded in Plat Book 1, Page 19, of the
public records of Pinellas County, Florida.
PARCEL 2:
Xxx 0 xx Xxxxx 0 xx XXXXXXX XXXXXX SUBDIVISION, according to the map or plat
thereof recorded in Plat Book 89, Page 93, of the public records of Pinellas
County, Florida.
PARCEL 3:
Lot 3 less the North 10 feet and all of Xxxx 0, 0, xxx 0 xx Xxxxx 17 of X.X.
XXXXXXX'X REARRANGEMENT OF X.X. XXXXXXX'X PLAN OF BAYBORO, according to the map
or plat thereof recorded in Plat Book 1, Page 19, of the public records of
Pinellas County, Florida.
PARCEL 4:
A parcel of submerged lands lying in Bayboro Harbor, as shown on the plat of
MAP OF BAYBORO ADDITION TO ST. PETERSBURG, FLORIDA, as recorded in Plat Book 3,
page 51 of the public records of Pinellas County Florida, being more
particularly described as follows:
Commence at the Northwest corner of Xxx 0, Xxxxx 00, xx xxxx xxxx of Map of
Bayboro Addition to St. Petersburg, Florida; thence North 89 degrees 23'08"
East for 149.92 feet more or less to a point on the waters face of seawall, and
said point being the POINT OF BEGINNING; thence North 89 degrees 24'05" East
for 74.92 feet; thence North 1122'37" East for 412.33 feet; thence South 79
degrees 10'44" East for 348.20 feet; thence South 40 degrees 49'41" East for
80.63 feet; thence East for 143.03 feet; thence South 40 degrees 59'59" East
for 105.61 feet; thence South for 565.07 feet to a point being the
prolongation of the waters face of seawall; thence along said waters face of
seawall, and its prolongation, the following ten (10) courses: 1) South 88
degrees 41'23" West for 507.18 feet more or less; 2) thence North 00 degrees
12'32" West for 22.97 feet more or less; 3) thence South 89 degrees 48'59"
West for 63.63 feet more or less; 4) thence North 89 degrees 48'08" West for
119.91 feet more or less; 5) thence South 89 degrees 56'52" West for 38.02 feet
more or less; 6)
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thence South 89 degrees 35'47" West for 27.36 feet more or less; 7) thence South
89 degrees 59'48" West for 14.86 feet more or less; 8) thence North 01 degrees
54'08" East for 59.30 feet more or less; 9) thence 06 degrees 49'57" East for
4.09 feet more or less; 10) thence North 00 degrees 02'58" West for 286.46 feet
more or less to the POINT OF BEGINNING.
Terms and Conditions of that certain Lease executed by and between The City Of
St. Petersburg, a municipal corporation of the State of Florida and Xxxxxxxxx
Equities, Inc., a Florida corporation recorded in O.R. Book 6414, page 285. (As
to Parcel 4).
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EXHIBIT A-7
[WAREHOUSE]
ALL that certain tract, piece or parcel of land, situate, lying and being in
Hillsborough County, State of Florida, being more particularly described as
follows:
PARCEL 1:
Beginning at a point fifty feet North (50 ft. N.) of the center of the main
line track of the Atlantic Coast Line Railroad Company and 196.74 feet East of
the West boundary of Lot Eight (8) of Knight's Subdivision of a portion of
Xxxxxxx 00, Xxx. 00 Xxxxx, Xxxxx 19 East, which point of beginning is
twenty-five (25) feet North of the South line of said Knight's Subdivision,
running thence North 436.2 feet to the South boundary of the right-of-way of
Xxxxx Xxxx Xx. 00 (Xxxx Xxxxxxxx), thence in a Southwesterly direction along
the Southerly boundary of Xxxxx Xxxx Xx. 00 for 155.6 feet; thence South 234.6
ft; thence West 75.0 ft; thence South 160.0 ft. to a point 50.0 feet North of
the center of the main line track of the Atlantic Coast Line Railroad Company,
which point is 25.0 ft. North of the South line of said Knight's Subdivision,
thence East 225.0 feet to the point of beginning; being portions of Lots seven
(7) and Eight (8) of Knight's Subdivision, as recorded in Plat Book 1, Page 84
of the public records of Hillsborough County, Florida.
Parcel 2:
Beginning at the intersection of the East Boundary of Lot 7 of Knight's
Subdivision, as recorded in Plat Book 1, Page 84, of the public records of
Hillsborough County, Florida, with the Southerly boundary of East Broadway (Old
State Road #23), as now exists, and run thence Westerly along said Southerly
boundary of East Broadway a distance of 278.5 feet, thence South, parallel to
the East boundary of said Lot 7, to a point 50.0 feet North of the center line
of the ACL Railroad main line track; thence run East, parallel to and 50.0 feet
North of said center line of ACL main line track a distance of 240.0 feet, more
or less, to a point 28.26 feet West of the East boundary of said Lot 7; thence
North, parallel to said East boundary of Lot 7 a distance of 160.0 feet; thence
East, parallel to the South boundary of said Lot 7 a distance of 75.0 feet to a
point 46.74 feet East of the West boundary of Lot 8 of said Knight's
Subdivision; thence North, parallel to the said West boundary of Lot 8, a
distance of 234.6 feet to the Southerly boundary of East Broadway, as now
exists; thence run Westerly along said Southerly boundary of East Broadway 48.4
to the point of beginning.
Parcel 3:
That part of Lot 8 of Knight's Subdivision, as per map or plat thereof in Plat
Book 1, on Page 84 of the public records of Hillsborough County, Florida, being
more particularly described as follows: Beginning at a point on the North
boundary of said Xxx 0, 000 xx. Xxxxxxxxxxxxx of the Northeast corner of said
Lot 8, thence run Southwesterly along said North boundary, 80 ft., thence run
South parallel with the East boundary of said Lot 8 to the South boundary of
said Lot 8, thence run East 101.22 ft. to a point 192.8 ft. West of the
Southeast corner of said Lot 8, said point being on the
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West boundary line of County Road deeded to Hillsborough County by deed
recorded in Deed Book 929 on Page 31, thence Northwesterly along said Right of
Way to the point of beginning, LESS that part of said tract lying within 33 ft.
of the center line of Old State Road Number 23.
Parcel 4:
Beginning at the Southwest corner of Lot 7 of Knight's Subdivision, as per map
or plat thereof recorded in Plat Book 1 on Page 84 of the public records of
Hillsborough County, Florida, run thence East along the South boundary of said
Lot 7, 212.52 feet for a point of beginning, run thence North 0 degrees 10'
West 292.22 feet, more or less, to an intersection with the South boundary of
the present right of way of East Broadway, thence in a Southwesterly direction
along the South boundary of the right of way of the said East Broadway a
distance of 15.95 feet, thence South to an intersection with the South boundary
of the said Lot 7 at a point 18 feet West measured on the said South boundary
from the point of beginning, thence East 18 feet to the point of beginning.
Parcel 5:
Begin at a point 3 chains and 22 links East of the Southwest corner of Lot 7 of
Knight's Subdivision, of the South half of the NE 1/4 of Section 16, Township
29 South, Range 19 East, running thence East 2 chains and 20 links, thence
North 4 chains and 66 links to a brick road, thence Westerly along said brick
road to a point North of point of beginning, thence South 4.10 chains to point
of beginning, lying and being in Hillsborough County, Florida.
TOGETHER WITH the real property as set forth in Ordinance No. 5827-A adopted on
January 3, 1974 by the City Council of City of Tampa, vacating, closing and
abandoning 00xx Xxxxxx between East Broadway (State Road 574) on the North and
the Seaboard Coast Line Railway right-of-way on the South.
Parcel 6:
Beginning at the Southeast corner of Lot 8 of Knight's Subdivision according to
map or plat thereof as recorded in Plat Book 1, Page 84, public records of
Hillsborough County, Florida; running thence North along the East boundary line
of said Xxx 0 xx xxx Xxxxxxxxx xxxxxx xx xxxx Xxx 0; running thence in a
Southwesterly direction along the North boundary line of said Lot 8, 200 feet;
running thence South parallel with the East boundary line of said Lot 8 to the
South boundary line of said lot 8 running thence East along the South boundary
line of said Lot 8 to the point of beginning, being a part of the South 1/2,
Northeast 1/4, Section 16, Township 29 South, Range 19 East, and being the
East 192.8 feet of said Xxx 0, Xxxxxxxxxxxx Xxxxxx, Xxxxxxx.
All of the foregoing Parcels 1 through 6, inclusive, TRACT "A" being also
described as follows:
A parcel of land lying in and being a part of Lot 7 and Lot 8, KNIGHT'S
SUBDIVISION, as recorded in Plat Book 1, Page 84, of the Public Records of
Hillsborough County, Florida; said parcel being more particularly described as
follows:
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Beginning at the intersection of the Southerly right-of-way line of West
Seventh Street (formerly East Broadway), a 66-foot right-of-way as now
established, with the East line of said Lot 8, also being the West line of X.
X. Xxxxx'x Subdivision, as recorded in Plat Book 2, Page 41, of said Public
Records; thence, on the East line of said Xxx 0, Xxxxx 00 degrees 03 minutes 47
seconds West, 571.35 feet to the North line of the CSX (formerly Atlantic Coast
Line) Railroad, a 100-foot right-of-way as now established; thence, on said
North right-of-way line, North 89 degrees 56 minutes 13 seconds West, 1120.00
feet; thence, parallel with the East line of said Xxx 0, Xxxxx 00 degrees 03
minutes 47 seconds East, 258.27 feet to the Southerly right-of-way line of said
West Seventh Street; thence, on said Southerly right-of-way line, North 74
degrees 26 minutes 44 seconds East, 1162.94 feet to the Point of Beginning.
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SCHEDULE 1
1. As to the property described on Exhibit A-2 (Xxxxxxx Tower), Borrower
is the successor by merger to TALQUIN DEVELOPMENT COMPANY, a Florida
corporation ("TDC").
2. Exhibit A-4 (XxXxxxx Station), Borrower is the successor by merger to
TDC, formerly known as XXXXXXXXX EQUITIES, INC. ("XXXXXXXXX"), a
Florida corporation.
3. As to the property described on Exhibit A-5 (Progress Center),
Borrower is the successor by merger to TDC, formerly known as
XXXXXXXXX, successor by merger to APALACHEE DEVELOPMENT COMPANY, a
Florida corporation.
4. As to the property described on Exhibit A-6 (Marina), Borrower is the
successor by merger to TDC, as to Parcels 1 and 2, and to PROGRESS
CREDIT CORPORATION, a Florida corporation, as to Parcel 3.
5. As to the property described on Exhibit A-7 (7th Avenue/Warehouse),
Borrower is the successor by merger to TDC, successor by merger CROWN
WINDOW COMPANY, a Florida corporation.
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