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CARGILL GLOBAL TRADING v. APPLIED DEVELOPMENT COMPANY

Civ. No. 03-5920 (WHW).

706 F.Supp.2d 563 (2010)

CARGILL GLOBAL TRADING, Plaintiff, v. APPLIED DEVELOPMENT COMPANY, Essex & Sussex Associates, L.P., Applied Senior Living Corporation, et al., Defendants.

United States District Court, D. New Jersey.

April 21, 2010.

Attorney(s) appearing for the Case

Abram D. Burnett, K & L Gates, Harrisburg, PA, Anthony P. Larocco, Christopher A. Barbarisi, K & L Gates LLP, Newark, NJ, for Plaintiff.

Laurence B. Orloff, Craig A. Ollen-schleger, Matthew Thomas Aslanian, Orloff, Lowenbach, Stefelman & Siegel, P.A., Roseland, NJ, Neil Rodgers Gallagher, United States Attorney's Office, Martin G. Gilbert, Stryker, Tams & Dill, LLP, Newark, NJ, for Defendants.

OPINION

WALLS, Senior District Judge.

Defendant, Essex & Sussex Associates, L.P. ("Essex"), obtained a mortgage from Berkshire Mortgage Finance Bethesda Limited Partnership ("Berkshire") to finance an independent living rental facility for senior citizens. The mortgage note, backed by a security ultimately purchased by plaintiff, Cargill Global Trading Company ("Cargill"), contained a rider limiting Essex's right to pay the loan before December 31, 2006...

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