Moore & Van Allen Sample Contracts

Trex Co IncASSIGNMENT OF AMENDED AND RESTATED CREDIT LINE DEED OF TRUST, SUBSTITUTION OF TRUSTEE AND AMENDMENT (January 14th, 2016)

THIS ASSIGNMENT OF AMENDED AND RESTATED CREDIT LINE DEED OF TRUST, SUBSTITUTION OF TRUSTEE AND AMENDMENT (this “Assignment”) is made and entered into as of the 12th day of January, 2016, among BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, in its capacity as resigning Administrative Agent, having an office at 200 West Second Street, Winston-Salem, North Carolina 27101, Attention: Matthew W. Rush (“Assignor”), BANK OF AMERICA, N.A., a national banking association, in its capacity as successor Administrative Agent, having an office at 900 W. Trade St., 6th Floor, NC1-026-06-03, Charlotte, NC 28255, Attention: Melissa Mullis (“Assignee”), TREX COMPANY, INC. (successor to Trex Company, LLC), a Delaware corporation, having an office at 160 Exeter Drive, Winchester, Virginia 22603, Attention: Chief Financial Officer (“Grantor”), and PRLAP, INC., a Virginia corporation, having an office at c/o 1400 Best Plaza Drive, Richmond, Virginia 23227 (“Trustee”).

ENCROACHMENT EASEMENT AND AGREEMENT (April 12th, 2015)

made, dated, and entered into as of the day of January, 2015, by and between the City of Durham, a North Carolina municipal corporation (“City”), and Diamond View I, LLC, a North Carolina limited liability company (“DV I”).

ENCROACHMENT EASEMENT AND AGREEMENT (March 26th, 2015)

made, dated, and entered into as of the day of January, 2015, by and between the City of Durham, a North Carolina municipal corporation (“City”), and Diamond View I, LLC, a North Carolina limited liability company (“DV I”).

EASEMENT FOR DUMPSTER AREA (September 19th, 2013)

day of , 2013, by and between the City of Durham, a North Carolina municipal corporation (the “City”), and East Deck, Inc., a North Carolina corporation (“East Deck”).

ONE BUILDING AGREEMENT (September 19th, 2013)

, 2013, by and between DATA RESIDENTIAL, LLC, a North Carolina limited liability company (“DATA”), and the CITY OF DURHAM, a North Carolina municipal corporation (the “City”).

EASEMENT FOR MAINTENANCE OF MECHANICAL EQUIPMENT (September 19th, 2013)
Pantry IncOBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (FLORIDA) by and from THE PANTRY, INC., “Mortgagor” to WACHOVIA BANK, ... (January 15th, 2008)

THIS AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (FLORIDA) (this “Mortgage”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Mortgagor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330 and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Mortgagee”).

Pantry IncAMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (TENNESSEE) (January 15th, 2008)

THIS AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (TENNESSEE) (this “Deed of Trust”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Grantor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330, TRSTE II, INC., a Tennessee corporation (“Trustee”), whose address is 10 South Jefferson Street, Roanoke, Virginia 24011 for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8,

Pantry IncOBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (ALABAMA) by and from THE PANTRY, INC., “Mortgagor” to WACHOVIA BANK, NATIONAL ASSOCIATION, in ... (January 15th, 2008)

THIS MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (ALABAMA) (this “Mortgage”) is dated as of January 9, 2008 by and among THE PANTRY, INC., a Delaware corporation (“Mortgagor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330 and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, being set forth individually on Exhibit B attached hereto and incorporated herein by this reference, and, together with their respective successors and assigns, are referred to herein collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, referred to herein as “Mortgagee”).

Pantry IncOBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (NORTH CAROLINA) by and from THE PANTRY, INC., “Grantor” to TRSTE, INC., ... (January 15th, 2008)

THIS AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (NORTH CAROLINA) (this “Deed of Trust”) is dated as of January 9, 2008, by and among THE PANTRY, INC., a Delaware corporation (“Grantor”), whose address is 1801 Douglas Drive, Sanford, North Carolina 27330, TRSTE, INC., a Virginia corporation qualified to do business in North Carolina, whose address is 301 South Tryon Street, Charlotte, North Carolina 28202, the trustee hereunder (“Trustee”), for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (“Agent”) for the lenders party to the Credit Agreement (defined below) (such lenders, together with their respective successors and assigns, collectively, the “Lenders”), having an address at 201 South College Street, CP-8, Charlotte, North Carolina 28288-0680 (Agent, together with its successors and assigns, “Beneficiary”).

Pantry IncOBLIGATIONS SECURED HEREBY PROVIDE FOR A FLUCTUATING INTEREST RATE MULTISTATE MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (LOUISIANA) (January 15th, 2008)

BE IT KNOWN, that on the 9th of January, 2008, before me, the undersigned Notary Public, duly commissioned and qualified in and for the State of North Carolina and the County of Mecklenburg, and in the presence of the undersigned competent witness, personally came and appeared:

Riviera Holdings CorpRECITALS (August 3rd, 2007)
Acadia Realty Trustto WACHOVIA BANK, NATIONAL ASSOCIATION, as Lender MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING Dated as of January , 2007 (May 9th, 2007)

THIS MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING (as the same may be from time to time amended, consolidated, renewed or replaced, this “Mortgage”) is made as of January ___, 2007 by 239 GREENWICH ASSOCIATES LIMITED PARTNERSHIP, a Connecticut limited partnership, as grantor (“Borrower”), whose address is c/o Acadia Realty Trust, 1311 Mamaroneck Avenue, White Plains, New York 10605, to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as beneficiary (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP – 4, NC 1075, Charlotte, North Carolina 28262.

Tempur Pedic International IncMORTGAGE, ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILING by Tempur Production USA, Inc., a Virginia corporation, as grantor, and Bernalillo County, New Mexico, as Issuer, to and in favor of Bank of America, N.A., a national banking association, ... (March 14th, 2006)

This Mortgage, Assignment, Security Agreement and Fixture Filing is dated as of the day of October, 2005, by Tempur Production USA, Inc., a Virginia corporation (herein referred to as the “Company”), whose address is 1713 Jaggie Fox Way, Lexington, Kentucky 40511, and Bernalillo County, New Mexico (herein referred to as the “Issuer”), whose address is One Civic Plaza NW, Albuquerque, New Mexico 87102, for the benefit of Bank of America, N.A., a national banking association, as Collateral Agent for the holders of the Secured Obligations (herein referred to as the “Collateral Agent”), whose address is 231 LaSalle Street, IL1-231-08-30, Chicago, Illinois 60604.

Pope Resources LTD PartnershipMANAGEMENT AGREEMENT MANAGEMENT AGREEMENT (“Agreement”), dated as of December 31, 2004, by and between Cascade Timberlands LLC, a Delaware limited liability company (“Company”), and Olympic Resource Management LLC, a Washington limited liability company ... (March 9th, 2005)
Green Power Energy Holdings CorpSTATE OF NORTH CAROLINA (May 6th, 2003)
Cogentrix Energy IncASSIGNMENT & ASSUMPTION OF TENANT LEASEHOLD INTEREST (April 16th, 2002)

This ASSIGNMENT & ASSUMPTION OF TENANT LEASEHOLD INTEREST (this "Assignment") is made and entered into effective as of 11:59 p.m. on the 31st day of October, 2001 by and between EQUIPMENT LEASING PARTNERS, a North Carolina general partnership ("Assignor"), and COGENTRIX ENERGY, INC., a North Carolina corporation ("Assignee").

Policy Management Systems Corp14 CHAR1\532061_ 2 CHAR1\532061_ 2 Drawn By and Return To: Moore & Van Allen, PLLC (ESB) Bank of America Corporate Center 100 North Tryon Street, Floor 47 Charlotte, North Carolina 28202-4003 STATE OF SOUTH CAROLINA ) ) COUNTY OF RICHLAND ) MORTGAGE AND ... (May 15th, 2000)
Lower Road Associates LLCCOMMONWEALTH OF PENNSYLVANIA THIS IS AN OPEN-END MORTGAGE SECURING FUTURE ADVANCES UP TO COUNTY OF LANCASTER A MAXIMUM PRINCIPAL AMOUNT OF $25,000,000 MILLION PLUS ACCRUED INTEREST AND OTHER INDEBTEDNESS AS DESCRIBED IN 42 PA C.S.A. SECTION 8143 ... (November 12th, 1999)
Lower Road Associates LLCRECITALS: (November 12th, 1999)
Wellsford Real Properties IncSTATE OF ARIZONA DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, COUNTY OF PIMA SECURITY AGREEMENT AND FIXTURE FILING COLLATERAL IS OR INCLUDES FIXTURES THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (the "Security Instrument") ... (March 31st, 1998)
Ivex Packaging Corp /De/AMENDED AND RESTATED MORTGAGE AND SECURITY AGREEMENT (March 25th, 1998)
Penske Motorsports IncAGREEMENT AND PLAN OF MERGER DATED AS OF AUGUST 5, 1997 AMONG PENSKE MOTORSPORTS, INC., PENSKE ACQUISITION, INC. AND NORTH CAROLINA MOTOR SPEEDWAY, INC. 2 TABLE OF CONTENTS (September 4th, 1997)
Worldtex IncEXHIBIT 10.10 AMENDMENT NO. 4 TO REVOLVING CREDIT AGREEMENT This is Amendment No. 4 dated as of June 13, 1996 (the "Fourth Amendment") to the Revolving Credit Agreement dated as of November 12, 1992 (the "Original Agreement") by and among Worldtex, Inc. ... (March 31st, 1997)
Ridgeview IncSECOND AMENDMENT STATE OF NORTH CAROLINA TO DEED OF TRUST COUNTY OF CATAWBA AND SECURITY AGREEMENT THIS SECOND AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT, is made and entered into as of September 6, 1996, by and among RIDGEVIEW, INC., a North ... (October 9th, 1996)