SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-K/A
Amendment No.1
(Mark One)
/ x / ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2000 or
/ / TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Commission File No.: 333-62671-01
First Union National Bank-Chase Manhattan Bank
Commercial Mortgage Trust
Commercial Mortgage Pass-Through Certificates
Series 1999-C2
(Exact name of registrant as specified in its charter)
New York 52-2178384 52-2178389
52-7000342 52-2178388
(State or other jurisdiction (I.R.S. Employer
of incorporation or Identification No.)
organization)
c/o Wells Fargo Bank Minnesota, N.A.
9062 Old Annapolis Road
Columbia, Maryland 21045
(Address of principal executive offices) (ZIP Code)
Registrant's telephone number, including area code:
(410) 884-2000
Securities to be registered pursuant to Section 12(b) of the Act:
NONE
Securities to be registered pursuant to Section 12(g) of the Act:
NONE
Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months (or for such shorter period that the registrant was
required to file such reports), and (2) has been subject to such filing
requirements for the past 90 days.
Yes X No ___
This Amendment No. 1 on Form 10-K/A amends Item 14 of the original Annual Report
on Form 10-K (the "Original Form 10-K") filed on March 28, 2001, on behalf of
First Union Commercial Mortgage Pass-Through Certifictaes, Series 1999-C2
established pursuant to the Pooling and Servicing Agreement among First Union
Commercial Mortgage Securities Inc. as Depositor, First Union National Bank
as Master Servicer, Banc One Mortgage Capital Markets, LLC as Special
Servicer and Norwest Bank Minnesota, National Association as Trustee, pursuant
to which the First Union Commercial Mortgage Pass-Through Certificates Series
1999-C2 registered under the Securities Act of 1933 (the"Certificates") were
issued.
Item 14 of the original Form 10K is amended in its entirety to read as follows:
Item 14. Exhibits, Financial Statement Schedules, and Reports
on Form 8-K.
(a) Exhibits
(99.1) Annual Independent Accountants' Servicing Reports
concerning servicing activities for the year ended December
31, 2000.
a) First Union National Bank <F1>
b) ORIX Real Estate Capital Markets <F1>
(99.2) Report of Management as to Compliance with Minimum
Servicing Standards for the year ended December 31, 2000.
a) First Union National Bank <F1>
b) ORIX Real Estate Capital Markets <F1>
(99.3) Annual Statements of Compliance under the Pooling and
Servicing Agreements for the year ended December 31, 2000.
a) First Union National Bank <F3>
b) ORIX Real Estate Capital Markets <F3>
(99.4) Aggregate Statement of Principal and Interest Distributions
to Certificate Holders. <F2>
(b) On October 20, 2000, November 28, 2000, and December 27, 2000,
reports on Form 8-K were filed by the Company in order to
provide the statements for the monthly distributions to holders
of the Certificates. No other reports on Form 8-K have been
filed during the last quarter of the period covered by this
report.
(c) Not applicable.
(d) Omitted.
<F1> Filed herewith.
<F2> Previously filed.
<F3> Such document is not filed herewith since document was not
received by the reporting person.
SIGNATURE
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange
Act of 1934, the registrant has duly caused this report to be signed on its
behalf by the undersigned, thereunto duly authorized:
Frist Union National Bank-Chase Manhattan Bank
Commercial Mortgage Trust
Commercial Mortgage Pass-Through Certificates
Series 1999-C2
Signed: Wells Fargo Bank Minnesota, N.A., as Trustee
By: Beth Belfield, Assistant Vice President
By: /s/ Beth Belfield, Assistant Vice President
Dated: July 29, 2002
Exhibit Index
Exhibit No.
99.1 Annual Independent Accountants' Servicing Reports concerning servicing
activities for the year ended December 31, 2000.
a) First Union National Bank <F1>
b) ORIX Real Estate Capital Markets <F1>
99.2 Report of Management as to Compliance with Minimum Servicing Standards
for the year ended December 31, 2000.
a) First Union National Bank <F1>
b) ORIX Real Estate Capital Markets <F1>
99.3 Annual Statements of Compliance under the Pooling and Servicing
Agreements for the year ended December 31, 2000.
a) First Union National Bank <F3>
b) ORIX Real Estate Capital Markets <F3>
99.4 Aggregate Statement of Principal and Interest Distributions to
Certificate Holders.<F2>
<F1> Filed herewith.
<F2> Previously filed.
<F3> Such document is not filed herewith since document was not
received by the reporting person.
EX-99.1 (a)
KPMG (logo)
401 South Tryon Street
Suite 2300
Charlotte, NC 28202-191
Independent Accountants' Report
The Board of Directors
First Union National Bank:
We have examined management's assertion about First Union National Bank
(the Bank) compliance with the minimum servicing standards set forth in the
Mortgage Bankers Association of America's (MBA's) Uniform Single Attestation
Program for Mortgage Bankers (USAP), except for minimum servicing standards
V.4. and VI.1., which the MBA has interpreted as being inapplicable to the
servicing of commercial and multifamily loans, as of and for the year ended
December 31, 2000 included in the accompanying management assertion.
Management is responsible for the Bank's compliance with those minimum
servicing standards. Our responsibility is to express an opinion on
management's assertion about the Bank's compliance based on our
examination.
Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included examining, on a test basis, evidence about the Bank's
compliance with the applicable minimum servicing standards and performing
such other procedures as we considered necessary in the circumstances. We
believe that our examination provides a reasonable basis for our opinion.
Our examination does not provide a legal determination on the Bank's
compliance with the applicable minimum servicing standards.
In our opinion, management's assertion that the Bank has complied in all
material respects with the aforementioned applicable minimum servicing
standards as of and for the year ended December 31, 2000 is fairly stated,
in all material respects.
February 9, 2001
EX-99.1 (b)
ARTHURANDERSEN (logo)
Report of Independent Public Accountants
To ORIX Real Estate Capital Markets, LLC:
We have examined management's assertion about ORIX Real Estate Capital
Markets, LLC's ("ORECM") compliance with the minimum servicing standards
identified in the Mortgage Bankers Association of America's (MBA) Uniform
Single Attestation Program for Mortgage Bankers (USAP) (except for minimum
servicing standards V.4 and VI.1., which the MBA has interpreted as
inapplicable in commercial and multi-family servicing contracts) as of and
for the year ended December 31, 2000, included in the accompanying
management assertion. Management is responsible for ORECM's compliance with
those minimum servicing standards. Our responsibility is to express an
opinion on management's assertion about ORECM's compliance based on our
examination.
Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly,
included examining, on a test basis, evidence about ORECM's compliance with
the minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not
provide a legal determination on ORECM's compliance with the minimum
servicing standards.
In our opinion, management's assertion that ORECM complied with the
aforementioned minimum servicing standards as of and for the year ended
December 31, 2000, is fairly stated, in all material respects.
Dallas, Texas,
February 22, 2001
EX-99.2 (a)
FIRST UNION Securities (logo)
First Union Securities
NCO121
Structured Products Servicing
8739 Research Drive URP4
Charlotte, NC 28288-0121
Management Assertion
As of and for the year ended December 31, 2000, First Union National Bank (the
Bank) has complied in all material respects with the minimum servicing standards
set forth in the Mortgage Bankers Association of America's (MBA's) Uniform
Single Attestation Program for Mortgage Bankers, except for minimum servicing
standards V.4. and V1.1., which the MBA has interpreted as being inapplicable to
the servicing of commercial and multifamily loans. As of and for this same
period, the Bank had in effect a fidelity bond and errors and omissions policy
in the amount of $200 Million and $20 million, respectively.
John M. Church February 9, 2001
Managing Director/Senior Vice President Date
First Union National Bank
Timothy S. Ryan February 9, 2001
Director/Vice President Date
First Union National Bank
EX-99.2 (b)
Report of Management
As of and for the year ended December 31, 2000, ORIX Real Estate Capital
Markets, LLC has complied in all material respects with the minimum
servicing standards set forth in the Mortgage Bankers Association of
America's Uniform Single Attestation Program for Mortgage Bankers (except
for commercial loan and multifamily loan servicing, minimum servicing
standards V.4. and VI.1., which the MBA has interpreted as inapplicable to
such servicing). For the period of January 1, 2000, through July 11, 2000,
ORIX Real Estate Capital Markets, LLC had in effect a fidelity bond and
errors and omissions policy in the amount of $25,000,000. For the period of
July 12, 2000, through December 31, 2000, ORIX Real Estate Capital Markets,
LLC had in effect a fidelity bond and errors and omissions policy in the
amount of $35,000,000.
Michael E. Cousins February 22,2001
Chief Financial Officer
Paul Smyth February 22, 2001
Managing Director of Servicing