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EXHIBIT 10.54(b)
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ASSIGNMENT OF MORTGAGE
by
TORONTO DOMINION (TEXAS), INC., as Agent
to
COMMERZBANK AG, NEW YORK BRANCH, as Successor Agent
Dated as of July 31, 1998
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This Instrument was prepared by,
and after recording, this Instrument
should be returned to:
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ASSIGNMENT OF MORTGAGE
ASSIGNMENT OF MORTGAGE dated as of July 31, 1998 made by TORONTO
DOMINION (TEXAS), INC. (formerly known as The Toronto-Dominion Bank Trust
Company), a Delaware corporation having an address at 00 Xxxx 00xx Xxxxxx, Xxx
Xxxx, Xxx Xxxx 00000, as agent ("Assignor") to COMMERZBANK AG, NEW YORK BRANCH,
a New York State Licensed Branch of a bank organized under the laws of Germany
having an address at Two World Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000,
as successor agent ("Assignee").
W I T N E S S E T H :
WHEREAS, General Electric Capital Corporation ("GECC") was originally
the mortgagee under that certain Mortgage dated as of February 4, 1992 made by
Camden Xxxxx X.X. ("Mortgagor") to GECC and recorded in the offices of the
Register of Deeds of Camden County, New Jersey on February 4, 1992 in Mortgage
Book 3742, page 1 as amended by the First Amendment to Mortgage by and between
Mortgagor and GECC dated as of April 19, 1993 and recorded in the offices of
the Register of Deeds of Camden County, New Jersey on April 20, 1993 in
Mortgage Book 3964, page 668 and as assigned by GECC to Assignor pursuant to
the Assignment of Mortgage dated as of December 22, 1993 and recorded in the
offices of the Register of Deeds of Camden County in Assignment Book 741, page
901 (collectively, the "Mortgage") encumbering the real property more
particularly described on Exhibit A; and
WHEREAS, pursuant to the Second Successor Agency Agreement dated as of
July 31, 1998 among Assignee, Assignor, The Bank of Tokyo-Mitsubishi Trust
Company, GECC, Mortgagor and various other parties (the "Second Successor
Agency Agreement"), Assignee has been appointed as successor agent to Assignor
and has succeeded to all of Assignor's right, title and interest as agent;
NOW, THEREFORE, in consideration of the premises and for other good
and valuable consideration, the receipt and legal sufficiency of which are
hereby acknowledged, Assignor hereby assigns to Assignee,
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without recourse or representation (except as is provided for in the Second
Successor Agency Agreement and the Assignment and Acceptance Agreement dated as
of July 31, 1998 among The Toronto-Dominion Bank, Commerzbank AG, Atlanta
Agency and The Bank of Tokyo-Mitsubishi Trust Company), and Assignee takes and
accepts, all of Assignor's right, title and interest as "Mortgagee" under the
Mortgage, together with all instruments and other documents evidencing the
"Indebtedness," as defined in the Mortgage.
Each of the parties to this Assignment of Mortgage agrees that at any
time and from time to time upon the written request of any other party it will
execute and deliver such further documents and do such further acts and things
as such other party may reasonably request in order to effect the purposes of
this Assignment of Mortgage.
IN WITNESS WHEREOF, Assignor has caused this instrument to be executed
in its name and on its behalf by its duly authorized officer as of the day and
year first written above.
ASSIGNOR:
TORONTO DOMINION (TEXAS),
INC., as agent
By: /s/ XXXX XXXX
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Name: XXXX XXXX
Title: VICE PRESIDENT
ASSIGNEE:
COMMERZBANK AG, NEW YORK
BRANCH, as successor
agent
By: /s/ XXXXXX XXXXXXXXXXX
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Name: Xxxxxx Xxxxxxxxxxx
Title: Vice President
By: /s/ XXXXXX XXXXXXX
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Name: Xxxxxx Xxxxxxx
Title: Assistant Treasurer
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STATE OF TEXAS )
: ss.:
COUNTY OF XXXXXX )
BE IT REMEMBERED, that on this 9th day of July, 1998, in the County
and State aforesaid, before me, the subscriber, a Notary Public of the state of
Texas authorized to take acknowledgments and proofs in said State, personally
appeared XXXX XXXX who, I am satisfied, is the person who signed the within
instrument as VICE PRESIDENT of TORONTO DOMINION (TEXAS), INC., as agent, the
corporation named therein, and he thereupon acknowledged that the within
instrument signed by the corporation was signed and delivered by him as such
officer and is the voluntary act and deed of the corporation, made by virtue of
authority from its Board of Directors.
Signature /s/ XXXXXXXXX XXXXX
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===================================== Printed XXXXXXXXX XXXXX
XXXXXXXXX XXXXX ----------------------------------
[SEAL] MY COMMISSION EXPIRES Notary Public
APRIL 12, 2002
===================================== My commission expires: 4-12-2002
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XXXXX XX XXX XXXX )
: ss.:
COUNTY OF NEW YORK )
BE IT REMEMBERED, that on this 30th day of July, 1998, in the County
and State aforesaid, before me, the subscriber, a Notary Public of the state of
New York authorized to take acknowledgments and proofs in said State, personally
appeared Xxxxxx Xxxxxxxxxxx and Xxxxxx Xxxxxxx, who, I am satisfied, is the
persons who signed the within instrument as Vice President and Assistant
Treasurer of COMMERZBANK AG, NEW YORK BRANCH, as successor agent, the
corporation named therein, and he thereupon acknowledged that the within
instrument signed by the corporation was signed and delivered by him as such
officer and is the voluntary act and deed of the corporation, made by virtue of
authority from its Board of Directors.
Signature /s/ XXXXX XXXXX-XXXXXXX
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Printed
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Notary Public
My commission expires:
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XXXXX XXXXX-XXXXXXX
NOTARY PUBLIC, STATE OF NEW YORK
NO. 00-0000000
QUALIFIED IN QUEENS COUNTY
COMMISSION EXPIRES MARCH 11, 1999
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EXHIBIT A
REAL PROPERTY DESCRIPTION
ALL THAT CERTAIN land or premises situate, lying and being in the City
of Camden, County of Camden and State of New Jersey, the legal description
being more particularly bounded and described as follows:
BEGINNING at a point in the Southeasterly corner of Broadway (66 feet
wide) and Xxxxxxx Avenue (50 feet wide); thence
(1) South 88 degrees 33 minutes 00 seconds East along the
Southerly line of Xxxxxxx Avenue, a distance of 450 feet to the Westerly line of
Sixth Street (50 feet wide); thence
(2) South 01 degrees 20 minutes 45 seconds West along the Westerly
line of Sixth Street, a distance of 400 feet to a point; thence
(3) North 88 degrees 33 minutes 00 seconds West, a distance of 210
feet to a point in the center line of Fillmore Street (now vacated); thence
(4) North 01 degrees 20 minutes 45 seconds East and along the center
line of Fillmore Street (now vacated) 20 feet to a point; thence
(5) North 88 degrees 33 minutes 00 seconds West, a distance of 115
feet to a point in the center line of Hedley Street (now vacated); thence
(6) North 01 degrees 20 minutes 45 seconds East along the center
line of Hedley Street (now vacated), a distance of 20 feet to a point; thence
(7) North 88 degrees 33 minutes 00 seconds West, a distance of 125
feet to a point in the Easterly line of Broadway; thence
(8) North 01 degrees 20 minutes 45 seconds East along the Easterly
line of Broadway, a distance of 300 feet to the point and place of beginning.
BEING Xxx 0, Xxxxx 000, Xxx Xxx.
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XXXXXXXX-XXXXXX XXXXXX
98 AUG 24 PM 2:25
/s/ XXXXX XXXXX
CLERK
