FILED: NEW YORK COUNTY CLERK 07/25/ :58 PM INDEX NO /2013 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 07/25/2014 EXHIBIT

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1 FILED: NEW YORK COUNTY CLERK 07// 04:58 PM INDEX NO. 6572/ NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 07// EXHIBIT

2 Inst Fees $.00 N/C Fee $0.00 RECORDING COVER PAGE 09/07/ AM Must be typed or printed clearly in BLACK ink only and avoid printing in the margins of document eceip 32 Requestor BALLARD SPAHR LLP Recorded By 001 Pgs DEBBIE CONWAY CLARK COUNTY RECORDER 11 digit Assessors Parcel Number may be obtained at http//redrock.co.clark nv us/assrrealp mop/own r.aspx TITLE OF DOCUMENT DO NOT Abbreviate Order Granting Defendants Motion to Expunge the Lis Pendens Document Title on cover page must appear EACTLY as the first document to be recorded page of the RECORDING REQUESTED BY Jon Pearson Esq RETURN TO Name Jon Pearson 100 North City Parkway Suite 50 Address CitylStatelZip Las Vegas Nevada MAIL TAX STATEMENT TO Applicable to documents transferring real property Name Address CityState/Zip This page provides additional information required by NRS Sections 12 An additional recording fee of $1.00 will apply To print this document properlydo not use page scaling

3 Oflilk Stanley Parry Esq Nevada BaNo Jon Pearson Faq Nevada Bar No BALLARD SPAHRLLP 100 North City Parkway Suite 50 Las Vegas Nevada Telephone Facsimile parrysbaflathpt.eom pearsonjbaflathpt.com Electronically Filed 09106/ PM 44- CLERK OF THE COURT Anthony Paccione Esq Alexis Cirel Esq KAn MucmN ROSENMAN 575 Madison Avenue New York New York 100 Telephone Facsimile ELF F-ñiail anthony.paccionekatteniaw 4Admittedpro vice corn Attorneys for Defendants The Bank of Nova Seotk New York Agency and TSLVLLC DISTRICT COURT CLARK COUNTY NEVADA is JEFFREY SOFFER an individual TURNEERRY DEVELOPMENT Florida limited liability eompatiy LLC Case Nob A-i C Dept.No Plaintiffs 27 vs THE BANK OF NOVA SCOTIA NEW YORK AGENCY Canadian chartered bank acting through its New York Agency as successor in interest to DEUTSCHE BANK TRUST COMPANY AMERICAS New York banking corporation TSLV LLC Delaware limited-liability conpany DOES 1-10 ROES 1-10 Defendants ORDER GRANTING DEFENDANTS MOTION TO EXPUNGE TIlE LIS PEIVIIENS

4 On July 12 Defendants The Bank of Nova Scotia New York Agency tscotia and TSLV LLCTSLV collectively Defendants submitted their Motion to Expunge the Lis Pendens and Application for Order Shortening Time by and through their counsel of.4 record Stanley Parry Esq and Jon Pearson Esq of the law firm of BALLARD SPAI- LLP On July ftri Court entered an Order Shortening Time and ordered that the Motion to Expunge the Lis Pendens be heard on July 12 at 0 p.m.8 On July 12 Defendants flied their Motion to Expunge the Us Fendens Subsequently on July 12 Plaintiff Jeffrey Soffer Soffer filed his to 11 Opposition to the Motion to Expunge the Lis Pendens Daniel It MeNult Esq of the law firm of CARBAJAL by and through bus counsel of record MCNUTT LU 12 The Motion to Expunge the Us Pendens was heard on July 12 at 0 p.m before the Honorable Allan Earl Anthony.Paccione Esq Mr Pearson and Alexis Cirel Esq appeared on behalf of the Defendants and Stephen Meister Esq Christopher Major Esq Mr MeNutt and Mario Romine Esq appeared on behalf of Soffer The Court having considered the pleadings and papers on the file herein having heard the arguments of counsel and good cause appearing 18 WHEREFORE IT IS ORDERED ADJUDGED AND DECREED that Defendants Motion is granted and that the notice of its pendens which was rsorded in the official records of the Clark County Recorder on March 11 as Book No and Instrument No be hereby cancelled and expunged pursuant to NRS 4.0 IT IS FURTHER ORDERED ADJUDGED AND DECREED that no bond need be posted in connection with this cancellation onier IT IS FURTHER ORDERED ADJUDGED AND DECREED that this cancellation order operates and has the same effect as an expungernent of the original notice of its pendens recorded on March

5 IT IS FURTHER ORDERED ADJUDGED AND DECREED that either party shall record certified copy of this cancellation order in accordance with INRS.0 and.0 with the Clark County Recorders Office and shall serve and file notice of recording of said cancellation order within two days from the entry of this Order IT IS SOORDEREI this cltday of 1 DISTRICT COURT JUDGE Respectfully submitted by 10 BALLARD SPAHR LLP 4k ey.parryesq Jon Pearson Esq 100 City Parkay SUite 50 Las Vegas NV Attorneys for Defendants and TSL LLC The Bank of Nova Scofl4 New York Agency CERTIFIED COPY DOCUMENT ATTACHED ISA TRUE AND CORRECT COPY OFTHEORJGII\IALON FILE CLERK OF THE COURT SEPg7 112