THIRD OPEN-END FEE AND LEASEHOLD MORTGAGE, SECURITY AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTSThird Open-End Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents • August 6th, 2003 • Bush Industries Inc • Wood household furniture, (no upholstered) • Pennsylvania
THIS THIRD OPEN-END MORTGAGE, SECURITY AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTS, dated as of April 25, 2003 is made by EIDCO, INC., a Pennsylvania not for profit corporation (“EIDCO”), whose address is 2103 East 33rd Street, Erie, Pennsylvania 16502 and BUSH INDUSTRIES OF PENNSYLVANIA, INC., a Delaware corporation (“Lessee”; EIDCO and Lessee are collectively referred to herein as “Mortgagor”), whose address is c/o Bush Industries, Inc., Mason Drive Industrial Park, P.O. Box 460, Jamestown, New York 14702, to JPMORGAN CHASE BANK, a New York banking corporation, as administrative agent for the Lenders referred to below (in such capacity, “Mortgagee”), whose address is 270 Park Avenue, New York, New York 10017. References to this “Mortgage” shall mean this instrument and any and all renewals, modifications, amendments, supplements, restatements, extensions, consolidations, substitutions, spreaders and replacements of this instrument.
