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  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
  • Hello Living Developer Nostrand Llc, Hello Nostrand Llc v. 1580 Nostrand Mezz Llc, Madison Realty Capital LpCommercial - Business Entity document preview
						
                                

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FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 Exhibit “D” FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 Brody, Alan (Shld-NJ-Bky) From: Brody, Alan (Shld-NJ-Bky) Sent: Monday, March 21, 2022 12:13 PM To: vworm@victorawormspc.com Cc: Haynes, Nathan A. (Shld-NY-CP-Bky); Ray, Kevin P. (OfCnsl-Chi-Bky-FinInst); Leo Fox Subject: RE: Hello Nostrand LLC - Access to Mortgaged Property Victor, Let me know when you are available this afternoon to discuss. Alan Alan J. Brody Shareholder Greenberg Traurig, LLP 500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677 One Vanderbilt Avenue | New York, NY 10017 T 973.443.3543 | F 973.295.1333 BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography From: Leo Fox Sent: Monday, March 21, 2022 12:02 PM To: Brody, Alan (Shld‐NJ‐Bky) Cc: Haynes, Nathan A. (Shld‐NY‐CP‐Bky) ; Ray, Kevin P. (OfCnsl‐Chi‐Bky‐FinInst) ; Eli Karp ; vworm@victorawormspc.com Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property Checked with the client and he advised that you speak with Victor Worms at vworms@victorawormspc.com. Leo Fox, Esq. The Law Office of Leo Fox, Esq. 630 Third Avenue – 18th Floor New York, New York 10017 (212) 867-9595 (Office) (917) 873-2766 (Cell) (212) 949-1857 (Fax) leo@leofoxlaw.com 1 FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. From: BrodyA@gtlaw.com Sent: Sunday, March 20, 2022 6:18 PM To: Leo Fox Cc: haynesn@gtlaw.com; raykp@gtlaw.com Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property Leo, You have been involved with the property for some time and we provided you with notice of the assignment days ago. There is no requirement that Nostrand Senior Lender LLC, the mortgagee on the real property owned by non‐ debtor Hello Nostrand LLC, file the assignment. Having known you for over 30 years, I expect that we will be able to resolve this issue in a prompt and professional matter.. To that end, it is imperative that you confirm the following: i. Hello Nostrand will provide access to Nostrand Senior Lender LLC on Monday, as required by the Mortgage and Security Agreement. There is no reason the property inspection should be delayed by your client any longer. ii. All insurance policy premiums for the property have been paid in full. As I told you yesterday, it is our understanding that the premiums have not been paid. As required by the loan documents, the borrower must pay the required insurance policy premiums and must provide certification of such payment. iii. That you represent Hello Nostrand LLC (if not, please advise if Hello Nostrand LLC has counsel). As I told you before, I’m always happy to discuss settlement, but it is my understanding that Jerry’s client rejected your last offer. Absent immediate confirmation of the above items, your client will be in further default of its obligations and placing the property in considerable jeopardy, for which Nostrand Senior Lender LLC will proceed accordingly. Nothing contained herein shall be considered a waiver of any of Nostrand Senior Lender LLC’s and Nostrand Mezz Lender LLC’s rights and remedies, which Nostrand Senior Lender LLC and Nostrand Mezz Lender LLs expressly reserve. Alan Alan J. Brody Shareholder Greenberg Traurig, LLP 500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677 2 FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 One Vanderbilt Avenue | New York, NY 10017 T 973.443.3543 | F 973.295.1333 BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography From: Leo Fox Sent: Friday, March 18, 2022 3:17 PM To: Brody, Alan (Shld‐NJ‐Bky) Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property Alan I have not seen a filed assignment. I will need some time to manage this. Leo Fox, Esq. 630 Third Avenue - 18th Floor New York, New York 10017 (212) 867-9595 (Office) (212) 949-1857 (Fax) leo@leofoxlaw.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e‐mail. Please notify the sender immediately by e‐mail if you have received this e‐mail by mistake and delete this e‐mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. From: BrodyA@gtlaw.com Sent: Friday, March 18, 2022 9:54 AM To: Leo Fox Cc: haynesn@gtlaw.com Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property 3 FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 Leo, There is no reason the property inspection should be delayed by your client. Please confirm Hello Nostrand will provide access Monday. In the meantime, I’m always happy to discuss settlement, but it is my understanding that Jerry’s client rejected your last offer. Also, it is our understanding that the premiums for the insurance on the property have not been paid. As required by the loan documents, the borrower must pay the required insurance policy premiums and must provide certification of such payment. Please advise on the status of payment of the policy premiums. Alan Alan J. Brody Shareholder Greenberg Traurig, LLP 500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677 One Vanderbilt Avenue | New York, NY 10017 T 973.443.3543 | F 973.295.1333 BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography From: Leo Fox Sent: Thursday, March 17, 2022 5:47 PM To: Brody, Alan (Shld‐NJ‐Bky) Cc: Haynes, Nathan A. (Shld‐NY‐CP‐Bky) Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property Alan: Do I understand by your response that you are refusing to provide a payoff (not surprising in light of your predecessors refusal to provide a payoff) despite the provisions in the Note that contemplates prepayments and to your connection to the original holders, and to your unwillingness to discuss a proposed resolution along the terms of my discussion with Jerry Feuerstein? Nonetheless, the client indicates that subject to obtaining appropriate approvals, we can have an inspection towards the end of next week. In the meantime, please advise on whether the new lender is prepared to proceed under the terms discussed with Jerry Feuerstein. Thanks. 4 FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 Leo Fox, Esq. The Law Office of Leo Fox, Esq. 630 Third Avenue – 18th Floor New York, New York 10017 (212) 867-9595 (Office) (917) 873-2766 (Cell) (212) 949-1857 (Fax) leo@leofoxlaw.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. From: BrodyA@gtlaw.com Sent: Thursday, March 17, 2022 5:20 PM To: Leo Fox Cc: haynesn@gtlaw.com Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property Leo, By your letter, I take it you are representing Hello Nostrand LLC. Attached is the Mortgage and Security Agreement (the “Mortgage”), dated as of August 28, 2020, which provides in Section 28, inter alia, that “Mortgagee and its agents shall have the right to enter and inspect the Mortgaged Property at all times.” As described in my March 16 letter to you, Nostrand Mezz Lender LLC and Nostrand Senior Lender LLC have acquired the loans made by 1580 Nostrand Ave LLC and 1580 Nostrand Mezz LLC to Hello Nostrand LLC and Hello Living Developer Nostrand LLC, respectively (including the Mortgage”). As such, your question inquiring if a “connection or financial relationship, if any, exists between the new lender entities and the old lender entities” is irrelevant. All legal communication and settlement discussions concerning the loans should be directed to me. In the meantime, please confirm your client will comply with the loan document and provide access on Monday. Thanks. Alan Alan J. Brody Shareholder Greenberg Traurig, LLP 500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677 One Vanderbilt Avenue | New York, NY 10017 T 973.443.3543 | F 973.295.1333 BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography 5 FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 From: Leo Fox Sent: Thursday, March 17, 2022 3:53 PM To: Brody, Alan (Shld‐NJ‐Bky) Cc: Haynes, Nathan A. (Shld‐NY‐CP‐Bky) Subject: RE: Hello Nostrand LLC ‐ Access to Mortgaged Property *EXTERNAL TO GT* Alan: Please see attached letter. Thank you. Leo Fox, Esq. The Law Office of Leo Fox, Esq. 630 Third Avenue – 18th Floor New York, New York 10017 (212) 867-9595 (Office) (917) 873-2766 (Cell) (212) 949-1857 (Fax) leo@leofoxlaw.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. From: BrodyA@gtlaw.com Sent: Thursday, March 17, 2022 1:43 PM To: Leo Fox 6 FILED: ROCKLAND COUNTY CLERK 09/09/2022 04:36 PM INDEX NO. 034885/2021 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 09/09/2022 Cc: haynesn@gtlaw.com Subject: Hello Nostrand LLC ‐ Access to Mortgaged Property Leo, As discussed in my letter of March 16, 2022, my clients, Nostrand Mezz Lender LLC and Nostrand Senior Lender LLC have acquired the loans made by 1580 Nostrand Ave LLC and 1580 Nostrand Mezz LLC to Hello Nostrand LLC and Hello Living Developer Nostrand LLC, respectively. Attached please find a letter requesting access to the mortgaged property located at 1580 Nostrand Avenue, Brooklyn, NY 11226 (the “Mortgaged Property”) on Monday, March 22, 2022. Please confirm (a) that someone will be available to provide Nostrand Senior Lender LLC with access to the mortgaged property and (b) that you represent Hello Nostrand LLC (if not, please advise if Hello Nostrand LLC has counsel). Alan Alan J. Brody Shareholder Greenberg Traurig, LLP 500 Campus Drive, Suite 400 | Florham Park, NJ 07932-0677 One Vanderbilt Avenue | New York, NY 10017 T 973.443.3543 | F 973.295.1333 BrodyA@gtlaw.com |www.gtlaw.com | View GT Biography If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate the information. 7