Preview
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
EXHIBIT 10
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
108777 rm JUN I 2 AM 9: 00
UCC FINANCING STATEMENT
OLLOW INSTRUCTIONS (front and back) CAREFULLY
A.NAME&PHONEOFCONTACTATFILER[optionag
Phone: Fax: (818) 662-4141
(800) 331-3282
B.SEND
ACKNOWLEDGMENTTO:(NameandAddress)
2W1 -MRS FMæ ® MS
CT LienSolutionS 43663557
P.O. Box 29071
Glendale, CA 91209-9071
NYNY
File with: Secretary
Of State,
NY THE ABOVE SPACE tS FOR FILING OFFICE USE ONLY
1.DEBTOR'SEXACTFULLLEGALNAME-insert only g[|g debtorname(1aor 1b)- do notabtmr ageor combinenames
1a.ORGANIZATION'S
NAME
EROS MANAGEMENT & REALTY, LLC
ib. INDMDUAl
'SLASTNAME FIRST
NAME MIDDLE
NAME SUFFlX
1c.AAlUNG
ADDRESS CITY STATE POSTALCODE COUNTRY
345 WeSt 35th Street New York NY 10001 USA
id.SEEINSTRUCTIONS ADDLINFORE 1e.TYPEOFORGANIZATION 1f.JURISDICTION
OFORGANIZATION 1g.ORGANIZATIONAL
ID#,If any
ORGANIZATION
DEBTOR LLC NY NONE
2.ADDITIONALDEBTOR'SEXACTFULLLEGALNAME- insertonly gng debtorname(2aor 2b)- donot abbreviateor combinenames
2a.ORGANIZATION'S
NAME
2b.INDMDUAL'S
LASTNAME FIRST
NAME MIDDLE
NAME SUFFD(
2c.AAlUNG
ADDRESS CITY STATE POSTALCODE COUNTRY
!=I
2d. SEEINSTRUCTIONS ADDLINFORE 2e.TYPEOFORGANIZATION 2LJURISDICTION
OFORGANIZATION 2g.ORGANIZATIONAL
ID#,Ifany
ORGANIZATION
DEBTOR NONE
3. SECUREDPARTY'SNAME(or NAMEof TOTALASSIGNEEof ASSIGNORS/P) - insertenly g[|g secwedpartyname(3aor 3b)
3a.ORGANIZATION'S
NAME
WELLS FARGO BANK, NATIONAL ASSOCIATION
3b.INDMDUAL'S
1.AST
NAME FIRST
NAME MIDDLE
NAME SUFFlX
Sc.AAIUNG
ADDRESS CRY STATE POSTALCODE COUNTRY
- Wells Fargo Center,
1901 HarrisonStreet, 2nd Floor, MAC
AO227-020 Oaldand CA 94612 USA
4. This FINANCINGSTATEMENTcoversthe followingcollateral:
See Collateral
DeSCription in Schedule
A attached
heretO and made a part hereof.
See PropertyDescription
in Exhibit
A attachedheretO and madea part hereof.
Property AddreSS:
345 -351 WeSt 35th Street
New York, NY
County: New York
BIOCk: 759
5.ALTERNATIVE [Ifapplicable]'
DESIGNATION LESSEEEESSOR CONSIGNEFJCONSIGNOR BAILEESAILOR SELLERÆlUYER AG.UEN NON-UCCFlUNG
6. ThisFINANCING
STATEMENT
islobefiled[forreconQ intheREAL
(orpeconfed) 7.Chack
toREQLEST
SEARCH onDeMor(s)
REPORT(S)
ESTATERECORDS. AnachAddends PUXMTIONAL
FEE AllDeMe DeMor1 DeMor
2
FarPc"N"l proney
8.OPrIONAL
FILERREFERENCE
DATA
43663557 07770
Prepared
byCTUenSolutions.
P.O.Box29071.
FILINGOFFICECOPY- NATIONALUCC FINANClhFILING
NUMBER: 201406120323305 o- c^"¹2- ra >as,-32"2
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
108777 2IN JUN 12 AM 9: 00
SCHEDULE A
ATTACHMENT TO UCC-1 FINANCING STATEMENT
Debtor: EROS MANAGEMENT & REALTY, LLC, a New York limited liability
company
Secured Party: WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking
association
All of 's right,titleand interest in to and under any and all of the following:
(a) IgggL The real property described in Exhibit A attached hereto and made a part
hereof (collectively, the "Land");
(b) Additional Land. All additional lands, estates and development rights hereafter
acquired by Debtor for use in connection with the Land and the development of the Land and all
additional lands and estates therein which may, from time to time, by supplemental mortgage or
otherwise be expressly made subject to the lien of this Security Instrurnent;
(c) Improvements. The buildings, structures, fixtures, additions, enlargements,
extensions, modifications, repairs, replacements and improvements now or hereafter erected or
located on the Land (collectively, the "Improvements");
(d) Easements. All easements, rights-of-way or use, rights, strips and gores of land,
streets,ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air
rights and development rights, and all estates, rights, titles, interests, privileges, liberties,
servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way
now or hereafter belonging, relating or pertaining to the Land and the Improvements, and every
part and parcel thereof, with the appurtenances thereto;
(e) Fixtures and Personal Property. All machinery, equipment, fixtures (including,
but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator
fixtures), furniture, software used in or to operate any of the foregoing, equipment, computer
software and hardware, fixtures, inventory, materials, supplies, beds, bureaus, chiffoniers, chests,
chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains,
shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts,
luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, food carts,
cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar
fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and
paging equipment, electric and electronic equipment, dictating equipment, private telephone
systems, medical equipment, potted plants, fire prevention and extinguishing apparatus,
escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools,
motors, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing
and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel,
conveyors, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, and all
washers and dryers and other property of every kind and nature whatsoever owned by Debtor, or
NY:1633519.1
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
in which Debtor has or shall have an interest, now or hereafter located upon the Land and the
Improvements, or appurtenant thereto, and usable in connection with the present or future
operation and occupancy of the Land and the knprovements and all building equipment,
materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or
shall have an interest, now or hereafter located upon the Land and the Improvements, or
appurtenant thereto, or usable in connection with the present or future operation and occupancy
of the Land and the Improvements and all items of personal property located within or adjacent
Equipment'
to the Improvements and included within the definition of "Property and and
"Inventories"
under the Uniform System of Accounts (collectively, the "Personal Property"),
and the right, title and interest of Debtor in and to any of the Personal Property which may be
subject to any security interests, as defmed in the Uniform Commercial Code, as adopted and
enacted by the state or states where any of the Property is located (the "Uniform Commercial
Code"), and allproceeds and products of the above;
(f) Leases and Rents. All leases, subleases, subsubleases, lettings, licenses,
concessions or other agreements (whether written or oral) pursuant to which any Person is
granted a possessory interest in, or right to use or occupy all or any portion of the Land and the
Improvements, and every modification, amendment or other agreement relating to such leases,
subleases, subsubleases, or other agreements entered into in connection with such leases,
subleases, subsubleases, or other agreements and every guarantee of the performance and
observance of the covenants, conditions and agreements to be performed and observed by the
other party thereto, heretofore or hereafter entered into, whether before or after the filing by or
against Debtor of any petition for relief under any Creditors Rights Laws (collectively, the
"Leases") and all right, title and interest of Debtor, its successors and assigns therein and
thereunder, including, without limitation, cash or securities deposited thereunder to secure the
performance by the lessees of their obligations thereunder and all rents, additional rents, rent
equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties
(including, without limitation, all oil and gas or other mineral royalties and bonuses), income,
receivables, receipts, revenues, deposits (including, without limitation, security, utility and other
deposits), accounts, cash, issues, profits, charges for services rendered, and other consideration
of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its
agents or employees from any and all sources arising from or attributable to the Property,
including, all receivables, customer obligations, installment payment obligations and other
obligations now existing or hereafter arising or created out of the sale, lease, sublease, license,
concession or other grant of the right of the use and occupancy of property or rendering of
services by Debtor or Manager, all revenues and credit card receipts collected from guest rooms,
restaurants, bars, meeting rooms, banquet rooms and recreational facilities, all receivables,
customer obligations, installment payment obligations and other obligations now existing or
hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of
the right of the use and occupancy of property or rendering of services by Debtor or any operator
or manager of the hotel or the commercial space located in the Property or acquired from others
(including, without limitation, from the rental of any office space, retail space, guest rooms or
other space, halls, stores, and offices, and deposits securing reservations of such space), license,
lease, sublease and concession fees and rentals, health club membership fees, food and beverage
wholesale and retail sales, service charges, bars, mini-bars, vending machine sales and proceeds,
telephone and television systems, guest laundry, and any other items of revenue, receipts or other
income as identified in the most recent edition of the Uniform System of Accounts for Hotels, as
NY:1633519.1 2
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
from time to time amended and as adopted by the American Hotel and Motel Association, and
any net parking revenue, income and proceeds received from food and beverage operations and
from catering services conducted from the Improvements even though rendered outside of the
knprovements, in any case, and proceeds, if any, from business interruption or other loss of
income insurance whether paid or accruing before or after the filing by or against Debtor of any
petition for relief under any Creditors Rights Laws (collectively, the "Rents") and all proceeds
from the sale or other disposition of the Leases and the right to receive and apply the Rents to the
payment of the Debt;
(g) Insurance Proceeds. All insurance proceeds in respect of the Property under any
insurance policies covering the Property, including, without limitation, the right to receive and
apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage
to the Property (collectively, the "Insurance Proceeds");
(h) Condemnation Awards. All condemnation awards, including interest thereon,
which may heretofore and hereafter be made with respect to the Property by reason of any taking
or condemnation, whether from the exercise of the right of eminent domain (including, but not
limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a
change of grade, or for any other injury to or decrease in the value of the Property (collectively,
the "Awards");
(i) Tax Certiorari. All refunds, rebates or credits in connection with reduction in real
estate taxes and assessments charged against the Property as a result of tax certiorari or any
applications or proceedings forreduction;
(j) Rights. The right, in the name and on behalf of Debtor, to appear in and defend
any action or proceeding brought with respect to the Property and to commence any action or
proceeding to protect the interest of Lender in the Property;
(k) Agreements. All agreements, contracts, certificates, instruments, franchises,
permits, licenses (including, without limitation, any applicable liquor licenses), plans,
specifications and other documents, now or hereafter entered into, and all rights therein and
thereto, respecting or pertaining to the use, occupation, construction, management or operation of
the Land and any part thereof and any Improvements or any business or activity conducted on
the Land and any part thereof and allright, titleand interest of Debtor therein and thereunder,
including, without limitation, the right, upon the happening of any Event of Default hereunder, to
receive and collect any sums payable to Debtor thereunder;
(1) Intangibles. All tradenames, trademarks, servicemarks, logos, copyrights,
goodwill, books and records and all other general intangibles relating to or used in connection
with the operation of the Property;
(m) Accounts. All reserves, escrows and deposit accounts maintained by Debtor with
respect to the Property, including without limitation, the Accounts and allcash, checks, drafts,
certificates, securities, investment property, financial assets, instruments and other property held
therein from time to time and all proceeds, products, distributions or dividends or substitutions
thereon and thereof;
NY:1633519.1 3
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
(n) Proceeds. All proceeds of any of the foregoing items set forth in subsections (a)
through including, without limitation, Insurance Proceeds and Awards, into cash or
(o)
liquidation claims; and
(o) Hotel Management Agreement. The Hotel Management Agreement (as the same
be amended, restated, replaced, supplemented, assigned or otherwise modified from time to
may
and all contracts and agreements now or hereafter entered into relating to the ownership or
time)
operation or management of the Property or the Improvements or any portion of either of them,
including, without limitation, management agreements, franchise agreements, co-tenancy
agreements, service contracts, maintenance contracts, equipment leases, personal property leases
and any contracts or documents relating to construction on any part of the Property or the
Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental
approvals) or to the management or operation of any part of the Property or the Improvements
and any and all warranties and guaranties relating to the Property or the Improvements or any
fixtures, equipment or personal property owned by Debtor and located on and/or used in
connection with the Property, together with allrevenue, income and other benefits thereof and all
claims, judgments, awards and settlements arising thereunder;
(p) Accounts Receivables. All right, title and interest of Debtor arising from the
operation of the Land and the Improvements in and to allpayments for goods or property sold or
leased or for services rendered, whether or not yet earned by performance, and not evidenced by
an instrument or chattel paper (hereinafter referred to as "Accounts Receivable") including,
without limiting the generality of the foregoing, (i) allaccounts, contract rights, book debts, and
notes arising from the operation of a hotel on the Land and the Improvements or arising from the
sale, lease or exchange of goods or other property and/or the performance of services, (ii)
Debtor's rights to payment from any consumer credit/charge card organization or entities which
sponsor and administer such cards as the American Express Card, the Visa Card and the
Mastercard, (iii)Debtor's rights in,to and under all purchase orders for goods, services or other
property, (iv) Debtor's rights to any goods, services or other property represented by any of the
foregoing, (v) monies due to or to become due to Debtor under all contracts for the sale, lease or
exchange of goods or other property and/or the performance of services including the right to
payment of any interest or finance charges in respect thereto (whether or not yet earned by
performance on the part of Debtor) and (vi) all collateral security and guaranties of any kind
given by any person or entity with respect to any of the foregoing. Accounts Receivable shall
include those now existing or hereafter created, substitutions therefor, proceeds (whether cash or
non-cash, movable or immovable, tangible or intangible) received upon the sale, exchange,
transfer, collection or other disposition or substitution thereof and any and all of the foregoing
and proceeds therefrom;
(q) Parking Rights. All estate, right, title,interest and other claim of the Debtor with
respect to any parking facilities located other than on the Land and used or intended to be used in
connection with the operation, ownership or use of the Land, any and all replacements and
substitutions for the same, and any other parking rights easements, covenants and other interests
in the parking facilities acquired by the Debtor for the use of tenants or occupants of the
Improvements (all of the foregoing estate, right, title,interest and other claim being hereinafter
collectively called "Parking Rights"); and
NY:1633519.1 4
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
(r) Other Rights. Any and allother rights of Debtor in and to the items set forth in
subsections (a) through (q) above.
All capitalized terms not otherwise defined herein shall have the respective meanings
ascribed to such terms in that certain Amended, Restated and Consolidated Mortgage,
Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of June 11,
2014 (together with all amendments, modifications, supplements, restatements, assignments, or
extensions, the "Security Instrument") from to Secured Party, and recorded in the Office of the
City Register, New York County, New York.
NY:1633519.1 5
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
108777 NH JUN I2 AM 9:00
EXHIBIT A
Legal Description
ALL thatcertainplot,piece or parcel
of land,situate,
lying and beingin theBorough ofManhattan, County,
City and StateofNew York, bounded and described asfollows:
BEGINNING at a point
on thenortherly side of West35thStreet,distant266 feet8 incheseasterlyfrom the
corner formed by theintemection of thenortherlysideof West 35th Streetwith the easterly
sideof 9th
Avenue;
THENCE northerlyparallelwith the easterly
sideof 9thAvenue, 98 feet9 inchesto the center
lineof the
bloolq
THENCE easterlyalong thecenter lineof the block
83 feet4 inches·,
THENCE southerlyagain parallelwith the easterly
side of9thAvenue, 98 feet9 inchesto the northerly
side of
West 35thStreet;and
THENCE westerly along thenortherlysideof West 35th Street,83 feet 4 inches
to theBEGINNING.
NY:1633519.1
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is partofthe instrument.The City
Register willrelyon the information provided
by you on thispage forpurposes of indexing
thisinstrument.The information on thispage
will controlforindexing purposes inthe event
of any conflictwith therestof the document.
2014061201050001001E33EF
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 9
Document ID: 2014061201050001 Document Date: 06-12-2014 Preparation Date: 06-12-2014
Document Type: INITIAL UCC1 FIXTURE FILING
Document Page Count: 8
PRESENTER: RETURN TO:
GISELLA MELENDEZ GISELLA MELENDEZ
P.O. BOX 29071 P.O. BOX 29071
GLENDALE, CA 91209-9071 GLENDALE, CA 91209-9071
800-331-3282 800-331-3282
EFILING@WOLTERSKLUWER.COM EFILING@WOLTERSKLUWER.COM
PROPERTY DATA
Borough Block Lot Unit Address
MANHATTAN 759 14 Partial Lot 345 WEST 35TH STREET
Property Type: COMMERCIAL REAL ESTATE
CROSS REFERENCE DATA
or or or
CRFN DocumentID Year Reel____ Page_ File Number
PARTIES
DEBTOR: SECURED PARTY:
EROS MANAGEMENT & REALTY, LLC WELLS FARGO BANK, NATIONAL ASSOCIATION
345 WEST 35TH STREET WELLS FARGO CENTER, 1901 HARRISON STREET,
NEW YORK, NY 10001 2ND FLOOR, MAC AO227-020
OAKLAND, CA 94612
FEES AND TAXES
Mortgage : Filing Fee:
Mortgage Amount: $ 0.00 $ 0.00
Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax:
Exemption: $ 0.00
TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax:
City (Additional): $ 0.00 $ 0.00
Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE
TASF: $ 0.00 m w OF THE CITY REGISTER OF THE
MTA·
$ 0.00
NYCTA· CITY OF NEW YORK
$ 0.00
Recorded/Filed 06-12-2014 16:36
Additional MRT: $ 0.00
City RegisterFileNo.(CRFN):
TOTAL: $ 0.00 2014000202708
Recording Fee: $ 20.00
Affidavit Fee: $ 0.00
City Register Official Signature
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
UCC FINANCING STATEMENT
OLLOW INSTRUCTIONS (front and back) CAREFULLY
A. NAME& PHONEOF CONTACT AT FILER [optional]
Gisella Melendez 800-331-3282 efiling@wolterskluwer.com 818 662-4141
B. SENDACKNOWLEDGMENTTO: (Name and Address)
CT Lien Solutions
P.O. Box 29071
Glendale CA 91209-9071
US
L THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1.DEBTOR'S EXACTFULLLEGAL NAME-insertonlygndebtorname
(1aor1b)-donotabbreviate
orcombinenames
1a.ORGANIZATION'S
NAME
EROS MANAGEMENT & REALTY, LLC
OR 1b.INDIVIDUAL'S
LASTNAME FIRSTNAME MIDDLENAME SUFFIX
1c.MAILING
ADDRESS CITY STATE POSTALCODE COUNTRY
345 West 35th Street
gew York NY 10001 US
1d.SEEINSTRUCTIONS ADD'LINFORE 1e.TYPEOFORGANIZATION 1f.JURISDICTION
OFORGANIZATION 1g.ORGANIZATIONAL
ID#, if any
ORGANIZATION
DEBTOR LimitedLiabilityComp NY None NONE
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insertonlygnedebtorname(2aor 2b)- donotabbreviate
orcombinenames
2a.ORGANIZATION'S
NAME
2b.INDIVIDUAL'S
LASTNAME FIRSTNAME MIDDLENAME SUFFIX
2c.MAILING
ADDRESS CITY STATE POSTALCODE COUNTRY
2d.SFFINSTRLICTIONS ADD'LINFORE 2e.TYPEOFORGANIZATION 2f.JURISDICTIONOF
ORGANIZATION 2g.ORGANIZATIONAL
ID#, if any
ORGANIZATION
DEBTOR NONE
3.SECUREDPARTY'S NAME(orNAMEofTOTALASSIGNEEofASSIGNORS/P)-insertonlygagsecuredpartyname(3aor3b)
3a.ORGANIZATION'S
NAME
WELLS FARGO BANK, NATIONAL ASSOCIATION
3b.INDIVIDUAL'S
LASTNAME FIRSTNAME MIDDLENAME SUFFIX
3c. MAILING
ADDRESS CITY STATE POSTALCODE COUNTRY
Wells Fargo Center
- 1901 Harrison 2nd MAC AO227-020 Jakland CA 94612 US
Street, Floor,
4. ThisFINANCING
STATEMENTcoversthefollowingcollateral:
Manhattan Block: 759 Lot: 14
See Collateral Description in Schedule A attached hereto and made a part hereof.
See Property Description in Exhibit A attached hereto and made a part hereof.
Property Address: 345 -351 West 35th Street
New York, NY
County: New York
Block: 759
5. ALTERNATIVE
DESIGNATION[if applicable]: LESSEE,LESSOR
CONSGNEE,CONSGNOR s OR SELLER/sUYER lAG NON-UCCelLING
6. ThisFINANCING
STATEMENTisto befiled[forrecord](orrecorded)
intheREAL 7. Checkto REQUEST
SEARCHREPORT(S) on Debtor(s)
FSTATFRFCOR.DS. AttachAddendum fif applicablel
FADDITIONAl.
FFF1 footionall All DebtorsDebtor1 Debtor2
8. OPTIONAL
FILERREFERENCE
DATA
NY-999-43663526-48677768
FILING OFFICE COPY - UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02)
2014061201050001
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022
UCC FINANCING STATEMENT ADDENDUM
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
9. NAMEOF FIRST DEBTOR (1a or 1b) ON RELATED FINANCINGSTATEMENT
9a.ORGANIZATION'S
NAME
np EROS MANAGEMENT & REALTY, LLC
9b.INDIVIDUAL'S
LASTNAME FIRSTNAME MIDDLENAME,SUFFlX
10.MISCELLANEOUS:
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
11.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME- insertonlyan name(11aor 11b)- donotabbreviate
orcombinenames
11a.ORGANIZATION'S
NAME
11b.INDIVIDUAL'S
LASTNAME FIRSTNAME MIDDLENAME SUFFIX
11c.MAILING
ADDRESS CITY STATE POSTALCODE COUNTRY
11d.SFFINSTRIlCTIONS ADD'LINFORE 11e.TYPEOFORGANIZATION 11f.JURISDICTION
OFORGANIZATION 11g.ORGANIZATIONAL
ID#, if any
ORGANIZATION
DEBTOR NONE
12. ADDITIONAL SECURED PARTY'S g£ ASSIGNOR S/P'S NAME-insertonlygn name(12aor 12b)
12a.ORGANIZATION'S
NAME
OP
12b.INDIVIDUAL'S
LASTNAME FIRSTNAME MIDDLENAME SUFFIX
12c.MAILING
ADDRESS CITY STATE POSTALCODE COUNTRY
13. ThisFINANCING
STATEMENT covers timberto becutor
as-extracted 16. Additionalcollateraldescription:
collateral,or is filedas a
fixturefiling.
14. Descriptionof realestate:
Manhattan Block: 759 Lot: 14
Property Address: 345 -351 West 35th Street
New York, NY
County: New York
Block: 759 3 759 14
15. Nameandaddressofa RECORD
OWNERofabove-described
realestate
(ifDebtordoesnothavea recordinterest):
EROS MANAGEMENT & REALTY, LLC
345 West 35th Street
New York NY 10001 17. Checkony if applicable
andcheckgn
Preview
FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 EXHIBIT 10 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 108777 rm JUN I 2 AM 9: 00 UCC FINANCING STATEMENT OLLOW INSTRUCTIONS (front and back) CAREFULLY A.NAME&PHONEOFCONTACTATFILER[optionag Phone: Fax: (818) 662-4141 (800) 331-3282 B.SEND ACKNOWLEDGMENTTO:(NameandAddress) 2W1 -MRS FMæ ® MS CT LienSolutionS 43663557 P.O. Box 29071 Glendale, CA 91209-9071 NYNY File with: Secretary Of State, NY THE ABOVE SPACE tS FOR FILING OFFICE USE ONLY 1.DEBTOR'SEXACTFULLLEGALNAME-insert only g[|g debtorname(1aor 1b)- do notabtmr ageor combinenames 1a.ORGANIZATION'S NAME EROS MANAGEMENT & REALTY, LLC ib. INDMDUAl 'SLASTNAME FIRST NAME MIDDLE NAME SUFFlX 1c.AAlUNG ADDRESS CITY STATE POSTALCODE COUNTRY 345 WeSt 35th Street New York NY 10001 USA id.SEEINSTRUCTIONS ADDLINFORE 1e.TYPEOFORGANIZATION 1f.JURISDICTION OFORGANIZATION 1g.ORGANIZATIONAL ID#,If any ORGANIZATION DEBTOR LLC NY NONE 2.ADDITIONALDEBTOR'SEXACTFULLLEGALNAME- insertonly gng debtorname(2aor 2b)- donot abbreviateor combinenames 2a.ORGANIZATION'S NAME 2b.INDMDUAL'S LASTNAME FIRST NAME MIDDLE NAME SUFFD( 2c.AAlUNG ADDRESS CITY STATE POSTALCODE COUNTRY !=I 2d. SEEINSTRUCTIONS ADDLINFORE 2e.TYPEOFORGANIZATION 2LJURISDICTION OFORGANIZATION 2g.ORGANIZATIONAL ID#,Ifany ORGANIZATION DEBTOR NONE 3. SECUREDPARTY'SNAME(or NAMEof TOTALASSIGNEEof ASSIGNORS/P) - insertenly g[|g secwedpartyname(3aor 3b) 3a.ORGANIZATION'S NAME WELLS FARGO BANK, NATIONAL ASSOCIATION 3b.INDMDUAL'S 1.AST NAME FIRST NAME MIDDLE NAME SUFFlX Sc.AAIUNG ADDRESS CRY STATE POSTALCODE COUNTRY - Wells Fargo Center, 1901 HarrisonStreet, 2nd Floor, MAC AO227-020 Oaldand CA 94612 USA 4. This FINANCINGSTATEMENTcoversthe followingcollateral: See Collateral DeSCription in Schedule A attached heretO and made a part hereof. See PropertyDescription in Exhibit A attachedheretO and madea part hereof. Property AddreSS: 345 -351 WeSt 35th Street New York, NY County: New York BIOCk: 759 5.ALTERNATIVE [Ifapplicable]' DESIGNATION LESSEEEESSOR CONSIGNEFJCONSIGNOR BAILEESAILOR SELLERÆlUYER AG.UEN NON-UCCFlUNG 6. ThisFINANCING STATEMENT islobefiled[forreconQ intheREAL (orpeconfed) 7.Chack toREQLEST SEARCH onDeMor(s) REPORT(S) ESTATERECORDS. AnachAddends PUXMTIONAL FEE AllDeMe DeMor1 DeMor 2 FarPc"N"l proney 8.OPrIONAL FILERREFERENCE DATA 43663557 07770 Prepared byCTUenSolutions. P.O.Box29071. FILINGOFFICECOPY- NATIONALUCC FINANClhFILING NUMBER: 201406120323305 o- c^"¹2- ra >as,-32"2 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 108777 2IN JUN 12 AM 9: 00 SCHEDULE A ATTACHMENT TO UCC-1 FINANCING STATEMENT Debtor: EROS MANAGEMENT & REALTY, LLC, a New York limited liability company Secured Party: WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association All of 's right,titleand interest in to and under any and all of the following: (a) IgggL The real property described in Exhibit A attached hereto and made a part hereof (collectively, the "Land"); (b) Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrurnent; (c) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the "Improvements"); (d) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets,ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements, and every part and parcel thereof, with the appurtenances thereto; (e) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture, software used in or to operate any of the foregoing, equipment, computer software and hardware, fixtures, inventory, materials, supplies, beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, food carts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, fire prevention and extinguishing apparatus, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, motors, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, and all washers and dryers and other property of every kind and nature whatsoever owned by Debtor, or NY:1633519.1 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the knprovements and all building equipment, materials and supplies of any nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements and all items of personal property located within or adjacent Equipment' to the Improvements and included within the definition of "Property and and "Inventories" under the Uniform System of Accounts (collectively, the "Personal Property"), and the right, title and interest of Debtor in and to any of the Personal Property which may be subject to any security interests, as defmed in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), and allproceeds and products of the above; (f) Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Debtor of any petition for relief under any Creditors Rights Laws (collectively, the "Leases") and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or Manager, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms and recreational facilities, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Property or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, bars, mini-bars, vending machine sales and proceeds, telephone and television systems, guest laundry, and any other items of revenue, receipts or other income as identified in the most recent edition of the Uniform System of Accounts for Hotels, as NY:1633519.1 2 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 from time to time amended and as adopted by the American Hotel and Motel Association, and any net parking revenue, income and proceeds received from food and beverage operations and from catering services conducted from the Improvements even though rendered outside of the knprovements, in any case, and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Debtor of any petition for relief under any Creditors Rights Laws (collectively, the "Rents") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt; (g) Insurance Proceeds. All insurance proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property (collectively, the "Insurance Proceeds"); (h) Condemnation Awards. All condemnation awards, including interest thereon, which may heretofore and hereafter be made with respect to the Property by reason of any taking or condemnation, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property (collectively, the "Awards"); (i) Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings forreduction; (j) Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender in the Property; (k) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses (including, without limitation, any applicable liquor licenses), plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and allright, titleand interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any Event of Default hereunder, to receive and collect any sums payable to Debtor thereunder; (1) Intangibles. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; (m) Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property, including without limitation, the Accounts and allcash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; NY:1633519.1 3 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 (n) Proceeds. All proceeds of any of the foregoing items set forth in subsections (a) through including, without limitation, Insurance Proceeds and Awards, into cash or (o) liquidation claims; and (o) Hotel Management Agreement. The Hotel Management Agreement (as the same be amended, restated, replaced, supplemented, assigned or otherwise modified from time to may and all contracts and agreements now or hereafter entered into relating to the ownership or time) operation or management of the Property or the Improvements or any portion of either of them, including, without limitation, management agreements, franchise agreements, co-tenancy agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Property or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Property or the Improvements and any and all warranties and guaranties relating to the Property or the Improvements or any fixtures, equipment or personal property owned by Debtor and located on and/or used in connection with the Property, together with allrevenue, income and other benefits thereof and all claims, judgments, awards and settlements arising thereunder; (p) Accounts Receivables. All right, title and interest of Debtor arising from the operation of the Land and the Improvements in and to allpayments for goods or property sold or leased or for services rendered, whether or not yet earned by performance, and not evidenced by an instrument or chattel paper (hereinafter referred to as "Accounts Receivable") including, without limiting the generality of the foregoing, (i) allaccounts, contract rights, book debts, and notes arising from the operation of a hotel on the Land and the Improvements or arising from the sale, lease or exchange of goods or other property and/or the performance of services, (ii) Debtor's rights to payment from any consumer credit/charge card organization or entities which sponsor and administer such cards as the American Express Card, the Visa Card and the Mastercard, (iii)Debtor's rights in,to and under all purchase orders for goods, services or other property, (iv) Debtor's rights to any goods, services or other property represented by any of the foregoing, (v) monies due to or to become due to Debtor under all contracts for the sale, lease or exchange of goods or other property and/or the performance of services including the right to payment of any interest or finance charges in respect thereto (whether or not yet earned by performance on the part of Debtor) and (vi) all collateral security and guaranties of any kind given by any person or entity with respect to any of the foregoing. Accounts Receivable shall include those now existing or hereafter created, substitutions therefor, proceeds (whether cash or non-cash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof and any and all of the foregoing and proceeds therefrom; (q) Parking Rights. All estate, right, title,interest and other claim of the Debtor with respect to any parking facilities located other than on the Land and used or intended to be used in connection with the operation, ownership or use of the Land, any and all replacements and substitutions for the same, and any other parking rights easements, covenants and other interests in the parking facilities acquired by the Debtor for the use of tenants or occupants of the Improvements (all of the foregoing estate, right, title,interest and other claim being hereinafter collectively called "Parking Rights"); and NY:1633519.1 4 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 (r) Other Rights. Any and allother rights of Debtor in and to the items set forth in subsections (a) through (q) above. All capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in that certain Amended, Restated and Consolidated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of June 11, 2014 (together with all amendments, modifications, supplements, restatements, assignments, or extensions, the "Security Instrument") from to Secured Party, and recorded in the Office of the City Register, New York County, New York. NY:1633519.1 5 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 108777 NH JUN I2 AM 9:00 EXHIBIT A Legal Description ALL thatcertainplot,piece or parcel of land,situate, lying and beingin theBorough ofManhattan, County, City and StateofNew York, bounded and described asfollows: BEGINNING at a point on thenortherly side of West35thStreet,distant266 feet8 incheseasterlyfrom the corner formed by theintemection of thenortherlysideof West 35th Streetwith the easterly sideof 9th Avenue; THENCE northerlyparallelwith the easterly sideof 9thAvenue, 98 feet9 inchesto the center lineof the bloolq THENCE easterlyalong thecenter lineof the block 83 feet4 inches·, THENCE southerlyagain parallelwith the easterly side of9thAvenue, 98 feet9 inchesto the northerly side of West 35thStreet;and THENCE westerly along thenortherlysideof West 35th Street,83 feet 4 inches to theBEGINNING. NY:1633519.1 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is partofthe instrument.The City Register willrelyon the information provided by you on thispage forpurposes of indexing thisinstrument.The information on thispage will controlforindexing purposes inthe event of any conflictwith therestof the document. 2014061201050001001E33EF RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 9 Document ID: 2014061201050001 Document Date: 06-12-2014 Preparation Date: 06-12-2014 Document Type: INITIAL UCC1 FIXTURE FILING Document Page Count: 8 PRESENTER: RETURN TO: GISELLA MELENDEZ GISELLA MELENDEZ P.O. BOX 29071 P.O. BOX 29071 GLENDALE, CA 91209-9071 GLENDALE, CA 91209-9071 800-331-3282 800-331-3282 EFILING@WOLTERSKLUWER.COM EFILING@WOLTERSKLUWER.COM PROPERTY DATA Borough Block Lot Unit Address MANHATTAN 759 14 Partial Lot 345 WEST 35TH STREET Property Type: COMMERCIAL REAL ESTATE CROSS REFERENCE DATA or or or CRFN DocumentID Year Reel____ Page_ File Number PARTIES DEBTOR: SECURED PARTY: EROS MANAGEMENT & REALTY, LLC WELLS FARGO BANK, NATIONAL ASSOCIATION 345 WEST 35TH STREET WELLS FARGO CENTER, 1901 HARRISON STREET, NEW YORK, NY 10001 2ND FLOOR, MAC AO227-020 OAKLAND, CA 94612 FEES AND TAXES Mortgage : Filing Fee: Mortgage Amount: $ 0.00 $ 0.00 Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: $ 0.00 TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax: City (Additional): $ 0.00 $ 0.00 Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE TASF: $ 0.00 m w OF THE CITY REGISTER OF THE MTA· $ 0.00 NYCTA· CITY OF NEW YORK $ 0.00 Recorded/Filed 06-12-2014 16:36 Additional MRT: $ 0.00 City RegisterFileNo.(CRFN): TOTAL: $ 0.00 2014000202708 Recording Fee: $ 20.00 Affidavit Fee: $ 0.00 City Register Official Signature FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 UCC FINANCING STATEMENT OLLOW INSTRUCTIONS (front and back) CAREFULLY A. NAME& PHONEOF CONTACT AT FILER [optional] Gisella Melendez 800-331-3282 efiling@wolterskluwer.com 818 662-4141 B. SENDACKNOWLEDGMENTTO: (Name and Address) CT Lien Solutions P.O. Box 29071 Glendale CA 91209-9071 US L THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1.DEBTOR'S EXACTFULLLEGAL NAME-insertonlygndebtorname (1aor1b)-donotabbreviate orcombinenames 1a.ORGANIZATION'S NAME EROS MANAGEMENT & REALTY, LLC OR 1b.INDIVIDUAL'S LASTNAME FIRSTNAME MIDDLENAME SUFFIX 1c.MAILING ADDRESS CITY STATE POSTALCODE COUNTRY 345 West 35th Street gew York NY 10001 US 1d.SEEINSTRUCTIONS ADD'LINFORE 1e.TYPEOFORGANIZATION 1f.JURISDICTION OFORGANIZATION 1g.ORGANIZATIONAL ID#, if any ORGANIZATION DEBTOR LimitedLiabilityComp NY None NONE 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insertonlygnedebtorname(2aor 2b)- donotabbreviate orcombinenames 2a.ORGANIZATION'S NAME 2b.INDIVIDUAL'S LASTNAME FIRSTNAME MIDDLENAME SUFFIX 2c.MAILING ADDRESS CITY STATE POSTALCODE COUNTRY 2d.SFFINSTRLICTIONS ADD'LINFORE 2e.TYPEOFORGANIZATION 2f.JURISDICTIONOF ORGANIZATION 2g.ORGANIZATIONAL ID#, if any ORGANIZATION DEBTOR NONE 3.SECUREDPARTY'S NAME(orNAMEofTOTALASSIGNEEofASSIGNORS/P)-insertonlygagsecuredpartyname(3aor3b) 3a.ORGANIZATION'S NAME WELLS FARGO BANK, NATIONAL ASSOCIATION 3b.INDIVIDUAL'S LASTNAME FIRSTNAME MIDDLENAME SUFFIX 3c. MAILING ADDRESS CITY STATE POSTALCODE COUNTRY Wells Fargo Center - 1901 Harrison 2nd MAC AO227-020 Jakland CA 94612 US Street, Floor, 4. ThisFINANCING STATEMENTcoversthefollowingcollateral: Manhattan Block: 759 Lot: 14 See Collateral Description in Schedule A attached hereto and made a part hereof. See Property Description in Exhibit A attached hereto and made a part hereof. Property Address: 345 -351 West 35th Street New York, NY County: New York Block: 759 5. ALTERNATIVE DESIGNATION[if applicable]: LESSEE,LESSOR CONSGNEE,CONSGNOR s OR SELLER/sUYER lAG NON-UCCelLING 6. ThisFINANCING STATEMENTisto befiled[forrecord](orrecorded) intheREAL 7. Checkto REQUEST SEARCHREPORT(S) on Debtor(s) FSTATFRFCOR.DS. AttachAddendum fif applicablel FADDITIONAl. FFF1 footionall All DebtorsDebtor1 Debtor2 8. OPTIONAL FILERREFERENCE DATA NY-999-43663526-48677768 FILING OFFICE COPY - UCC FINANCING STATEMENT (FORM UCC1) (REV. 05/22/02) 2014061201050001 FILED: NEW YORK COUNTY CLERK 12/02/2022 08:15 PM INDEX NO. 654609/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2022 UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. NAMEOF FIRST DEBTOR (1a or 1b) ON RELATED FINANCINGSTATEMENT 9a.ORGANIZATION'S NAME np EROS MANAGEMENT & REALTY, LLC 9b.INDIVIDUAL'S LASTNAME FIRSTNAME MIDDLENAME,SUFFlX 10.MISCELLANEOUS: THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 11.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME- insertonlyan name(11aor 11b)- donotabbreviate orcombinenames 11a.ORGANIZATION'S NAME 11b.INDIVIDUAL'S LASTNAME FIRSTNAME MIDDLENAME SUFFIX 11c.MAILING ADDRESS CITY STATE POSTALCODE COUNTRY 11d.SFFINSTRIlCTIONS ADD'LINFORE 11e.TYPEOFORGANIZATION 11f.JURISDICTION OFORGANIZATION 11g.ORGANIZATIONAL ID#, if any ORGANIZATION DEBTOR NONE 12. ADDITIONAL SECURED PARTY'S g£ ASSIGNOR S/P'S NAME-insertonlygn name(12aor 12b) 12a.ORGANIZATION'S NAME OP 12b.INDIVIDUAL'S LASTNAME FIRSTNAME MIDDLENAME SUFFIX 12c.MAILING ADDRESS CITY STATE POSTALCODE COUNTRY 13. ThisFINANCING STATEMENT covers timberto becutor as-extracted 16. Additionalcollateraldescription: collateral,or is filedas a fixturefiling. 14. Descriptionof realestate: Manhattan Block: 759 Lot: 14 Property Address: 345 -351 West 35th Street New York, NY County: New York Block: 759 3 759 14 15. Nameandaddressofa RECORD OWNERofabove-described realestate (ifDebtordoesnothavea recordinterest): EROS MANAGEMENT & REALTY, LLC 345 West 35th Street New York NY 10001 17. Checkony if applicable andcheckgn