ASSIGNMENT AGREEMENT (Exchangor to EAT - Replacement Property)Assignment Agreement • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec
This Assignment Agreement (hereinafter referred to as “Assignment”), is made as of 2/9/2012(the "Effective Date") by and between CVD Equipment Corporation(hereinafter referred to as "Exchangor"), andFAE Holdings 411519R, LLC (hereinafter referred to as "EAT"). Exchangor and EAT are collectively known as the "Parties" to this Assignment.
AMENDED AND RESTATED FEE AND LEASEHOLD MORTGAGE from THE TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY (the “IDA”) and FAE HOLDINGS 411519R, LLC (the “Borrower”) (the IDA together with the Borrower, collectively as “Mortgagor”) to HSBC BANK USA,...Fee and Leasehold Mortgage • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec • New York
This AMENDED AND RESTATED FEE AND LEASEHOLD MORTGAGE (“Mortgage”) executed as of this 15th day of March, 2012, by and among THE TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY, a corporate governmental agency (being hereinafter called the “IDA”), having an office at 40 Nassau Avenue, Islip, New York 11751, FAE HOLDINGS 411519R, LLC, a New York limited liability company (being hereinafter called “Borrower”, and together with the IDA, collectively “Mortgagor”), having an address at c/o First American Exchange Company, LLC, 560 South 300 East, Salt Lake City, Utah 84111 and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association (being hereinafter called “Mortgagee”), with offices at 534 Broad Hollow Road, Melville, New York 11747.
LEASE AGREEMENTLease Agreement • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec
THIS LEASE AGREEMENT (the “Lease”) is made and entered into as of 2/9/2012by and between FAE Holdings 411519R, LLC(“Landlord”), and CVD Equipment Corporation(“Tenant”).
AMENDED AND RESTATED MORTGAGE NOTEMortgage Note • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec • New York
THIS AMENDED AND RESTATED MORTGAGE NOTE made as of March 15, 2012, between FAE HOLDINGS 411519R, LLC, a New York limited liability company, having an address at c/o First American Exchange Company, LLC, 560 South 300 East, Salt Lake City, Utah 84111 (the “Maker”) and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association, having an office at 534 Broad Hollow Road, Melville, New York 11747 (the “Payee”).
HSBC BANK USA, NATIONAL ASSOCIATION and SJA INDUSTRIES, LLC and THE TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY and FAE HOLDINGS 411519R, LLC NOTE AND MORTGAGE ASSUMPTION AGREEMENT Dated: March 15, 2012Note and Mortgage Assumption Agreement • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec • New York
AGREEMENT, made the 15th day of March, 2012, by and among HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association, having an address at 534 Broad Hollow Road, Melville, New York 11747 (being hereinafter called “Mortgagee”), SJA INDUSTRIES, LLC, a New York limited liability company, having an address at 355 South Technology Drive, Central Islip, New York 11722 (being hereinafter called the “Original Borrower”), FAE HOLDINGS 411519R, LLC, a New York limited liability company, having an address at c/o First American Exchange Company, LLC, 560 South 300 East, Salt Lake City, Utah 84111 (being hereinafter called “New Borrower”), and THE TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY, a corporate governmental agency, having an address at 40 Nassau Avenue, Islip, New York 11751 (being hereinafter called the “IDA”).
QUALIFIED EXCHANGE ACCOMMODATION AGREEMENT (REPLACEMENT PROPERTY HOLD) Exchange No. 411519R-AQualified Exchange Accommodation Agreement • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec • California
THIS QUALIFIED EXCHANGE ACCOMMODATION AGREEMENT (“QEAA”) is made and entered into as of 2/9/2012by and between CVD Equipment Corporation(“Exchangor”)andFAE Holdings 411519R, LLC(“EAT”).
ASSIGNMENT OF LEASES AND RENTSAssignment of Leases and Rents • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec
THIS ASSIGNMENT OF LEASES AND RENTS (the “Assignment”), is made as of the 15th day of March, 2012, by FAE HOLDINGS 411519R, LLC, a New York limited liability company, having an address at c/o First American Exchange Company, LLC, 560 South 300 East, Salt Lake City, Utah 84111 (herein called the “Borrower”) and THE TOWN OF ISLIP INDUSTRIAL DEVELOPMENT AGENCY, a corporate governmental agency, having an office at 40 Nassau Avenue, Islip, New York 11751 (herein called the “Assignor”) and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association, with offices at 534 Broad Hollow Road, Melville, New York 11747 (herein called the “Assignee”).
GUARANTY AND INDEMNIFICATION AGREEMENTJoint and Several Hazardous Material Guaranty and Indemnification Agreement • May 15th, 2012 • CVD Equipment Corp • Special industry machinery, nec
WHEREAS, CVD EQUIPMENT CORPORATION (“CVD”) contemplates effecting, pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended, a tax-deferred exchange (the “Exchange”) of certain premises known by the street address 355 South Technology Drive, Central Islip, New York (the “Premises”), as more particularly described in the Mortgage (as defined on Exhibit A);
