FILED: NEW YORK COUNTY CLERK 12/22/ :56 PM INDEX NO /2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2017

Size: px

Start display at page:

Download "FILED: NEW YORK COUNTY CLERK 12/22/ :56 PM INDEX NO /2017 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2017"

Annice Mathews
5 years ago
Views:

2 ASSIGNMENT AND ASSUMPTION OF LOAN DOCUMENTS Wells Fargo Bank, N.A., as trustee for the registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2007-C5 ("Assignor"), for TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, subject to the limitations and retained matters set forth in the Settlement and Assignment Agreement (herein so referred to) by and between Assignor and Assignee, dated as of h ~$;>, 2014: hereby sells, transfers, assigns, delivers, sets over and conveys to Stabilis Master Fund "Assignee". III, LLC (the "Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the mortgage loan identified on Exhibit A attached hereto (the "Loan" "Loan"), including without limitation all of Assignor's right, title and interest in any other collateral securing the Loan, including without limitation the documents and/or instruments set forth in Exhibit B attached to this Assignment. All items are delivered by Assignor without recourse, warranty or representation, express or implied, except to the extent (if any) expressly contained in, and then only to the extent (if any) expressly stated to survive, the Settlement and Assignment Agreement. Assignee hereby expressly assumes and agrees to perform and/or discharge the obligations of Assignor under the Loan Documents. {The remainder of this page has been intentionally left blank.)

3 ASSIGNOR: WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-CS C-III Asset Management LLC, a Delaware limited liability company f/k/a Centerline Servicing, Inc., in its capacity as special servicer pursuant to that certain Poolin nd..servicing Agreement dated November I';, 1';,,200, Name: Steve Luther Title: Servicing Officer ASSIGNEE: STABILIS MASTER FUND III, LLC, a Delaware limited liability company Stabilis GP III, LLC Its: Managing Member Name: Title:

4 ASSIGNOR: WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGiSTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECUR1TIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C5 C-III Asset Management LLC, a Delaware limited liability company f/k/a Centerline Servicing, Inc., in its capacity as special servicer pursuant to that certain Pooling and Servicing Agreèment.dated November 1, 2007 Name: Steve Luther Title: Servicing Officer ASSIGNEE: STABIL1S MASTER FUND lll, LLC,. a Delaware limited liability company Stabilis GP lll, LLC Its; Managing Member Nam. Josep J u o Titl: Aut orized Signatory

5 Exhibit A Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing in Lender" favor of Capmark Bank (the "Original Lender"), dated as of March 2, 2007 and recorded on March 5, 2007 with the Office of the Atlantic County, New Jersey Clerk (the "Clerk's Office" Office") as Instrument No , and encumbering, among other things, that certain real property known as the Cornerstone Commerce Center and located 1201 New Road, Linwood, Atlantic County, New Jersey, all as more particularly described in the Mortgage (the "Property"); as such Mortgage is affected by an Omnibus Amendment to Mortgage, Assignment of Leases and Rents and Other Loan Documents (the "Omnibus Amendment" Amendment") between Borrower and Original Lender, dated as of October 17, 2007 and recorded on October 30, 2007 in the Clerk's Office as Instrument No , and assigned by that certain Assignment of Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing and Assignment of Leases and Rents (the "Assignment" "Assignment") dated as of November 27, 2007 and recorded with the Clerk's Office on February 11, 2008 as Instrument No '11795.

6 Exhibit 8 Non-Exhaustive List of Documents, Instruments, and other Collateral (All documents that are dated are dated as of March 2, 2007, unless otherwise indicated) 1. Loan Agreement by Borrower and Original Lender 2. Promissory Note dated March 2, 2007 in the original principal amount of Forty One Million Dollars and 00/100 ($41,000,000.00) 3. Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing as amended by that certain Omnibus Amendment to Mortgage, Assignment of Leases and Rents and Other Loan Documents, as assigned to Noteholder by that certain Assignment of Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing and Assignment of Leases and Rents Assignment" 4. Assignment of Leases and Rents (the "Lease Assignment") given by Borrowers in favor of Original Lender, as amended by that certain Omnibus Amendment to Mortgage, Assignment of Leases and Rents and Other Loan Documents (the "Omnibus Amendment"), as assigned to Noteholder by that certain. Assignment of Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing and Assignment of Leases and Rents Original 5. Guaranty executed by Robin Karman (the "Guarantor" "Guarantor") Lender in favor of 6. Environmental Indemnity Agreement executed by Guarantor in favor of Original Lender Borrower and 7. Assignment of Property Management Contract and Subordination of Management Fees between and among Original Lender, Borrower, Karman Development Group, L.L.C. (the "Manager") Assignments 8. UCC-1 Financing Statements and UCC-3 Financing Statement 9. Promissory Note A in the original principal amount of Thirty Six Million Nine Hundred Thousand Dollars and 00/100 ($36,900,000.00) made by Borrower and payable to Original Lender, with allonge endorsed to Noteholder 10. Co-Lender Agreement dated as of October 18, 2007

Assignment of Leases and Rents

Assignment of Leases and Rents This ASSIGNMENT OF LEASES AND RENTS (this Assignment ) is given as of the day of, 20 by ( Assignor ) to ( Assignee ). RECITALS A. Assignor is the owner of the real property