FILED: QUEENS COUNTY CLERK 06/28/2016 07:15 PM INDEX NO. 707625/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS TCG LGA HOLDINGS LLC, Plaintiff, Index No. -against- GCP REAL TY II, LLC, LGA HOTEL, LLC and L48 REALTY II, LLC, WESTPORT HOLDINGS, LLC, PCAA SP, LLC, CFS 2907 LGA, LLC, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK CITY PARKING VIOLATIONS BUREAU, "JOHN DOE #1" through "JOHN DOE #20," the twenty names being fictitious and unknown to the Plaintiffs, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Date Filed: SUMMONS Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, ifthe complaint is not served with a summons, to serve a notice of appearance, on the plaintiffs attorneys within 20 days after the service of this summons, exclusive of the day of the service, or within 30 days after completion of service where service is made in any manner than by personal delivery within the State. In case of your failure to appear or answer, judgment may be taken against you by default for the relief demanded in the complaint. Pursuant to CPLR 507, Plaintiff designates Queens County as the venue in this foreclosure action on the basis that the Mortgaged Premises is located in Queens County. 1 of 19
The relief sought in this action is the foreclosure and sale of the interest of the mortgaged premises commonly known as and located at the following parcels of real property: (i) 90-10 Grand Central Parkway (Block 1068, Lot 1 ); and (ii) 90-01 23rd A venue, East Elmhurst, NY 11368 (Block 1068, Lot 48), as more paiiicularly described in the complaint herein. Dated: New York, New York June 28,2016 THOMPSON & KNIGHT LLP Attorneys for Plaintiff TCG LGA HOLDINGS LLC 900 Third A venue, 20th Floor New York, New York 10022 (212) 751-3001 TO: GCP Realty II Realty, LLC Defendant 333 Post Road West Westport, CT 06880 LGA HOTEL, LLC Defendant 333 Post Road West Westport, CT 06880 L48 Realty II, LLC Defendant 333 Post Road West Westport, CT 06880 Westport Holdings, LLC Defendant 333 Post Road West Westport, CT 06880 2 2 of 19
PCAASP, LLC Defendant 8255 Firestone Boulevard Downey, CA 90241 CFS 2907 LGA, LLC Defendant c/o PRG Parking Management, LLC 200 W. Monroe Street, Suite 1500 Chicago, IL 60606 New York State Department of Taxation and Finance Defendant Building 9, W.A. Harriman Campus Albany, NY 12227 Criminal Court of the City of New York Defendant 120-55 Queens Boulevard Queens, NY 11415 New York City Parking Violations Bureau c/o New York City Department of Finance Defendant 25 Elm Place Brooklyn, NY 11201 "John Doe #1" through "John Doe #20" Defendants 3 3 of 19
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS TCG LGA HOLDINGS LLC, Plaintiff, Index No. -against- GCP REAL TY II, LLC, LGA HOTEL, LLC and L48 REALTY II, LLC, WESTPORT HOLDINGS, LLC, PCAA SP, LLC, CFS 2907 LGA, LLC, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, CRIMINAL COURT OF THE CITY OF NEW YORK, NEW YORK CITY PARKING VIOLATIONS BUREAU, "JOHN DOE #1" tlu ough "JOHN DOE #20," the twenty names being fictitious and unknown to the Plaintiffs, the person or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, Date Filed: VERIFIED COMPLAINT Defendants. Plaintiff, TCG LGA HOLDINGS LLC ("Plaintiff' or "New Lender"), by and through its attorneys, Thompson & Knight LLP, as and for its Verified Complaint (the "Complaint"), respectfully alleges as follows: PARTIES 1. Plaintiff is a Delaware limited liability company with an address of c/o Triangle Capital, 452 Fifth Avenue, 30th Floor, New York, NY 10018. 2. Upon information and belief and at all times mentioned herein, defendant GCP REALTY II, LLC is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business located at c/o Heyman Properties, 333 Post Road West, Westpmi, CT 06880 and made a defendant in this action because it is the obligor under the Note, as defined below, and the owner of the mortgaged premises commonly known as and located at 90-10 4 of 19
Grand Central Parkway, 90-01 23rd Avenue, East Elmhurst, NY 11368 (Block 1068, Lots 1and48), and as more particularly described in Exhibit A to the Mortgage, as defined below, (the "Mortgaged Premises"), and the mortgagor under the Mortgage, as defined below, being foreclosed in this action. 3. Upon information and belief and at all times mentioned herein, defendant LGA HOTEL, LLC is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at Heyman Properties, 333 Post Road West, Westport, CT 06880, and is made a defendant in this action because it is the obligor under the Note, as defined below, the holder of a Leasehold Interest in the Mortgaged Premises and mortgagor under the Mortgage, as defined below, being foreclosed in this action. 4. Upon information and belief and at all times mentioned herein, defendant L48 REALTY II, LLC is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at Heyman Properties, 333 Post Road West, Westport, CT 06880, and is made a defendant in this action because it is the obligor under the Note, as defined below, the holder of a Leasehold Interest in the Mortgaged Premises, and mortgagor under the Mortgage, as defined below, being foreclosed in this action. 5. Upon information and belief and at all times mentioned herein, defendant WESTPORT HOLDINGS, LLC is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at Heyman Properties, 333 Post Road West, Westport, CT 06880, and is made a defendant in this action because it is the signatory of a Guaranty and Indemnity, as defined below, wherein it guaranteed and indemnified certain obligations of GCP REALTY II, LLC, LGA HOTEL, LLC and L48 REALTY II, LLC due under the Note. 2 5 of 19
6. Upon information and belief and at all times mentioned herein, defendant PCAA SP, LLC is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at 8255 Firestone Boulevard, Downey California 90241, and is made a defendant in this action because it is the holder of a possible Leasehold Interest in the Mortgaged Premises." 7. Upon information and belief and at all times mentioned herein, defendant CFS 2907 LGA, LLC is a limited liability company organized and existing under the laws of the State of Delaware with a principal place of business at c/o PRG Parking Management, LLC, 200 W. Monroe Street, Suite 1500, Chicago, Illinois 60606, and is made a defendant in this action because it is the holder of a possible Leasehold Interest in the Mortgaged Premises. 8. Upon information and belief and at all times mentioned herein, NEW YORK CITY DEPARTMENT OF FINANCE has a principal place of business located at 100 Church Street, New York, New York 1007 and is made a defendant in this action because it has or may have an interest in and/or lien against the Mortgaged Premises by virtue of any unpaid New York City Corporate Business Taxes which may be due and owing from GCP REAL TY II, LLC, LGA HOTEL, LLC and/ or L48 REAL TY II, LLC. 9. Upon information and belief and at all times mentioned herein, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE has a principal place of business located at Office of Counsel, Building 9, W.A. Harriman Campus, Albany, New York 12227, and is made a defendant in this action because it has or may have an interest in and/or lien against the Mortgaged Premises by virtue of any unpaid New York State Franchise taxes, License and/or Maintenance fees which may be due and owing from GCP REALTY II, LLC, LGA HOTEL, LLC and/or L48 REALTY II, LLC. 3 6 of 19
10. Upon information and belief and at all times mentioned herein, CRIMINAL COURT OF THE CITY OF NEW YORK has a principal place of business located at 120-55 Queens Blvd., Queens, NY 11415, and is made a defendant in this action because it has or may have an interest in and/or lien against the Mortgaged Premises by virtue of six Queens County Criminal Court judgments docketed against GCP Realty II, a/k/a GCP as follows: (i) Index No. 2015SQ015166, effective as of November 19, 2015 and amount of judgment at $1,500.00; (ii) Index No. 2015 SQ059454, effective as of February 5, 2015 and amount of judgment at $500.00; (iii) Index No. 2014SQ059456, effective as of February 5, 2015 and amount of judgment at $1,000.00; (iv) Index No. 2015SQ022440, effective as of July 2, 2015 and amount of judgment at $1,000.00; (v) Index No. 2015SQ022489, effective as of July 2, 2015 and an amount of judgment at $750.00; and (vi) Index No. 2015SQ042704, effective as ofnovember 19, 2015 and an amount of judgment at $1,000.00. 11. Upon information and belief and at all times mentioned herein, NEW YORK CITY PARKING VIOLATIONS BUREAU c/o NEW YORK CITY DEPARTMENT OF FINANCE has a principal place of business located at 25 Elm Place, Brooklyn, New York 11201, and is made a defendant in this action because it has or may have an interest in and/or lien against the Mortgaged Premises by virtue of any unpaid parking violations which may be due and owing from GCP REALTY II, LLC, LGA HOTEL, LLC and L48 REALTY II, LLC as follows: (i) $125.00 judgment on Plate No. FLH4281; and (ii) $105.00 judgment on Plate No. FLH4283. 12. Upon information and belief, "JOHN DOE #1" through "JOHN DOE #20" are fictitious names and unknown to the Plaintiff, and have been made defendants to this action because of possible claims or interests in possession or liens against the Premises. 4 7 of 19
THE LOAN AND LOAN DOCUMENTS 13. On or about March 21, 2006, Deutsche Bank Mortgage Capital, LLC. ("Original Lender") loaned GCP REALTY II, LLC, LGA HOTEL, LLC and L48 REALTY II, LLC (collectively "Borrower") the principal sum of TWENTY SEVEN MILLION AND 00/100 DOLLARS ($27,000,000.00) (the "Loan"). 14. In connection with the Loan, Borrower executed in favor of and delivered to Original Lender, an Amended, Restated and Consolidated Promissory Note, dated March 21, 2006, in the principal sum of TWENTY SEVEN MILLION AND 00/100 ($27,000,000.00) DOLLARS (the "Note"), a true copy of which is annexed hereto and made a part hereof as Exhibit A. 15. The Note is secured by an Amended, Restated and Consolidated Leasehold Mortgage and Security Agreement dated as of March 21, 2006, executed by Borrower in favor of Original Lender encumbering the Mortgaged Premises (collectively, the "Mortgage"). 16. The Mortgage was duly recorded on May 17, 2006 in the Office of the City Register, Queens County at CRFN 2006000274620. A true and correct copy of the Mortgage is annexed hereto as Exhibit B. 17. The Mortgage was amended by a First Amendment to Amended, Restated and Consolidated Fee and Leasehold Mortgage and Security Agreement, dated as of May 12, 2006, executed by Borrower in favor of Original Lender and duly recorded on July 27, 2006 in the Office of the City Register, Queens County at CRFN 2006000427542. A true and correct copy of the First Amendment is annexed hereto as Exhibit C. 5 8 of 19
18. The Note is further secured by an Assigrunent of Leases and Rents and Security Deposits dated as of March 21, 2006, executed by Borrower in favor of Original Lender (the "Assignment of Leases"). 19. The Assigrunent of Leases was duly recorded on May 17, 2006 in the Office of the City Register, Queens County at CRFN 2006000274621. A true and correct copy of the Assigrunent of Leases is annexed hereto as Exhibit D. 20. On May 17, 2006, a UCC-1 Financing Statement was filed with the Ofice of the City Register, Queens County under file number 2006000274622 (the "Original County UCC"). A true copy of the County UCC is annexed hereto as Exhibit E. 21. On March 24, 2006, a UCC-1 Financing Statement was filed with the Delaware Department of State at file number 61008978 (the "Original State UCC A") and on March 7, 2016, a UCC-1 Financing Statement was filed with the Delaware Department of State at file number 20161366127 (the "Original State UCC B"). True copies of the State UCC Financing Statements are annexed hereto as Exhibit F. 22. As further security for the Loan, on March 21, 2006 WESTPORT HOLDINGS, LLC executed in favor of, and delivered to, Original Lender a Guaranty (the "Guaranty") unconditionally guaranteeing certain obligations of Borrower due or to become due under the Loan. A true copy of the Guaranty is annexed to the Complaint as Exhibit G. 23. The, Note, Mortgage, Assigrunent of Leases, Original County UCC, Original State UCC, together with all other documents and agreements evidencing and/or securing the Loan are collectively referred to as the "Original Loan Documents." 6 9 of 19
ASSIGNMENT OF LOAN DOCUMENTS TO THE TRUST 24. Original Lender assigned the Loan and all Original Loan Documents, including the Note and Mortgage, to Wells Fargo Bank, N.A., a national banking association, as trustee for the registered holders of Comm. 2006 C-7 Commercial Mortgage Pass-Through Certificates (the "Trust"). 25. In connection with the assignment to the Trust, Original Lender executed and delivered to the Trust the following documents (the "Trust Assignments"): (a) that certain Allonge to Promissory Note by Original Lender in favor of the Trust, which is affixed to the Note, and a true and correct copy of which is affixed to the true and correct copy of the Note, which is annexed hereto as Exhibit B; (b) that certain Assignment of Mortgage made by Original Lender in favor of the Trust dated as of June 7, 2006, recorded on August 1, 2006 in the Office of the City Register, Queens County at CRFN 2006000434573, a true and correct copy of which is annexed hereto as Exhibit H; ( c) that certain Assignment of Assignment of Leases made by Original Lender in favor of the Trust dated as of June 7, 2006 and recorded on August 1, 2006 in the Office of the City Register at CRFN 2006000434574, a true and correct copy of which is annexed hereto as Exhibit I; (d) that certain UCC-3 Financing Statement, assigning the Original County UCC to the Trust, recorded on August 1, 2006 as CRFN 20060000434575, a true and correct copy of which is annexed hereto as Exhibit J. 7 10 of 19
(e) that certain UCC-3 Financing Statement, assigning the Original State UCC to the Trust, recorded on September 15, 2006 as file number 63197654, a true and correct copy of which is annexed hereto as Exhibit K; 26. After the Trust Assignments were executed, Original Lender delivered physical possession of the original Note, original Mortgage, and the other Original Loan Documents to the Trust. 27. Prior to further assigning and transferring the Loan and Original Loan Documents to Plaintiff, the Trust was both the proper assignee, owner and holder of physical possession of the Loan Docwnents. ASSIGNMENT OF LOAN DOCUMENTS TO PLAINTIFF 28. On or about May 6, 2016, the Trust assigned the Loan and all Loan Documents, including the Note and Mortgage, to Plaintiff. 29. In connection with the assignment to the Plaintiff, on May 6, 2016, the Trust executed and delivered to the Plaintiff: (a) that certain Allonge by the Trust in favor of Plaintiff, which is affixed to the Note, and a true and correct copy of which is affixed to the true and correct copy of the Note, which is annexed hereto as Exhibit B; (b) that ce11ain Assignment of Mortgage, dated May 6, 2016, and recorded on May 20, 2016 in the Office of the City Register at CRFN 2016000173337 a true and correct copy of which is annexed hereto as Exhibit L; and ( c) that certain Assignment of Assignment of Leases and Rents, dated May 6, 2016, and recorded on May 20, 2016 in the Office of the City Register, at 8 11 of 19
CRFN 2016000173338, a true and correct copy of which is annexed hereto as Exhibit M; ( d) that certain Assignment and Assumption of Assignment Rights and Obligations ("Omnibus Assignment"), dated May 6, 2016, assigning to Plaintiff, among other things, the Guaranty, a true and correct copy of which is annexed hereto as Exhibit N; (e) that certain UCC-3 Financing Statement assigning the County UCC to the Plaintiff, recorded on May 20, 2016 as CRFN 2016000173340, a true and correct copy of which is annexed hereto as Exhibit O; (f) those certain UCC-3 Financing Statements assigning the State UCC to the Plaintiff, filed with the Delaware Department of State on May 9, 2016 as file number 2016275943 and file number 20162753919, true and correct copies of which are annexed hereto as Exhibit P; 30. In connection with the transactions described above, on May 6, 2016, the original Loan Documents, along with the allonges and assignments discussed above, were physically delivered to Plaintiff with the intention that all ownership interest in the Note and Mortgage be transferred to Plaintiff. 31. As of the date hereof, Plaintiff is the owner and holder of and has physical custody and control of the original Note, the original Mortgage, the Guaranty, and each of the original Loan Documents. 32. Moreover, as a result of the transactions described above, evidenced by each of the written assignments, Plaintiff is the owner of the Note, Mortgage, and the Guaranty. 9 12 of 19
AS AND FOR A FIRST CAUSE OF ACTION Foreclosure of Mortgage 33. Plaintiff repeats and realleges the allegations contained in paragraphs "1" through "32" as though fully set forth herein. 34. Borrower has failed to comply with the terms and provisions of the Loan Documents by its, among other things, failure to pay the amounts due under the Loan Documents when due and upon maturity on April 1, 2016. 35. By reason of the foregoing, Borrower is in default under the Loan Documents. 36. Borrower has failed to cure its default despite due demand in writing (the "Notice of Default") on June 7, 2016. A true and correct copy of the Notice of Default is annexed hereto as Exhibit Q. 37. Plaintiff, by reason of these Events of Default, elects that the whole unpaid principal sums due on the Note and Mortgage, together with all unpaid interest, late charges, default interest, special servicing fees, loan collections costs, legal or any other costs associated with curing the default, shall now be due. 38. As of the date hereof, the total outstanding principal balance was $23,761,810.46. These amounts do not include accrued interest, late charges, default interest, special servicing fees, loan collections costs, legal or any other costs associated with curing the default. 39. Any interest in or lien upon the Mortgaged Premises held or claimed by any Defendant is subject to and junior in priority to the lien of Plaintiff's Mortgage. 40. Pursuant to the terms of the Mortgage, the mortgagee reserved the right to pay taxes and other liens affecting the Mortgaged Premises, which liens, if any, would be and/or are superior to 10 13 of 19
the lien of the Mortgage, and which, when paid by the mortgagee, together with interest thereon as provided in said Mortgage, are to be added to the amounts due under the Mortgage. Plaintiff may be required to pay such liens during the pendency of this action and will demand that such payments so made by it be added to the Mortgage debt as aforesaid. 41. Pursuant to the Loan Documents, Borrower must pay Plaintiff's reasonable attorneys' fees expended to foreclose upon the Mortgaged Premises. 42. Plaintiff has complied with all the terms and provisions of the Loan Documents. 43. In order to protect its security interest in the Mortgaged Premises, Plaintiff, as it is entitled to do under the Loan Documents, may be compelled to pay, during the pendency of this action, local taxes, assessments, water rates, insurance premiums, and other charges affecting the Mortgaged Premises, and any sums thus paid by Plaintiff for such purposes, together with late payments due thereon, should be added to the sums otherwise due and deemed secured by the Mortgage and adjudged a lien. 44. No proceeding other than this action has been commenced to recover the debt secured by the Mortgage owed to Plaintiff. 45. Upon information and belief, each and all of the defendants herein have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued after the lien of the Mortgage and is subordinate thereto. 46. In the event that Plaintiff possesses any other lien(s) against said Mortgaged Premises, Plaintiff requests that such other lien(s) shall not be merged in Plaintiff's causes of action set forth in this Complaint, but that Plaintiff shall be permitted to enforce said other lien(s) and/or seek or proceeding(s), including, without limitation, any surplus money proceedings. 11 14 of 19
4 7. Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinafter made by reason of the payment after the date of the commencement of this action of any or all of the defaults mentioned herein, and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the Loan Documents, and occurring prior to the discontinuance of this action, are fully paid. 48. Plaintiff seeks to foreclose upon the Mortgage and recover the outstanding principal amount of $23, 7 61,810.46 together with accrued interest, late charges, default interest, and any other amounts to be added pursuant to the terms of the Loan Documents, including costs and attorneys' fees and that Borrower be adjudged to pay the whole residue or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after the sale of the Mortgaged Premises and the application of the proceeds pursuant to the provisions contained in such judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property Action and Proceedings Law. AS AND FOR A SECOND CAUSE OF ACTION Guaranty 49. Plaintiff repeats and realleges the allegations contained in paragraphs "1" through "48" as though fully set forth herein. 50. Pursuant to the Guaranty and Indemnity ("Guaranty") at Section 1, WESTPORT HOLDINGS, LLC ("Guarantor") agreed to pay all Costs (as defined in the Guaranty), including all legal and all other costs and expenses paid or incurred by Plaintiff in enforcing such obligations, and losses incurred by Plaintiff with respect to the following (the "Indemnified Matters"): (a) Rent or other payments received from Tenants paid more than one (1) month in advance; 12 15 of 19
(b) Proceeds of insurance policies, condemnation or other taking not applied in accordance with the Loan Documents; ( c) Rents, issues, profits, revenues of the Property and tenant security deposits relating to the Property received or applicable to a period after the occurrence of an Event of Default or Default, which are not applied to the ordinary and necessary expenses of owning and operating the Property or paid to Lender; ( d) Fraud, material misrepresentation or failure to disclose a material fact by Borrower or any of its principals, officers, general partners or members, any guarantor, any indemnitor, or any agent, employee or other person authorized or apparently authorized to make statements, representations or disclosures on behalf of such persons; ( e) Waste committed on the Property by, or damage to the Property as a result of the intentional misconduct or gross negligence of, Borrower or any of its principals, officers, general partners or members or any agent or employee of such persons, or any removal of the Property in violation of the terms of the Loan Documents, to the full extent of the losses or damages incurred by Lender on account of such occurrence; (f) Failure to maintain in effect, and pay the premiums for, the insurance policies and coverages required pursuant to Section 2.1 of the Mortgage; (g) Any misrepresentation by Borrower with respect to Section 10.8 of the Mortgage; and (h) (i) a voluntary bankruptcy filing by, or an involuntary bankruptcy filing (if the parties that initiated the involuntary bankruptcy filing against Borrower or any general partner or managing member or majority shareholder of Borrower were recruited, and induced to initiate such bankruptcy filing by Borrower or any general partner or managing member or majority shareholder of Borrower acquiesced, conspired or colluded with the parties that initiated the involuntary bankruptcy filing against Borrower) against Borrower or any general partner or managing member or, if Borrower is a corporation, majority shareholder of Borrower; or (ii) the Property becomes an asset in any bankruptcy proceeding of any party other than Borrower. 51. The Guarantor is named in this action to preserve Plaintiff's rights under the Guaranty in the event that any Indemnified Matters have occurred or will occur during the pendency of this action. 13 16 of 19
52. Plaintiff has complied with all the terms and provisions of the Loan Documents. 53. Plaintiff seeks to foreclose upon the Mortgage and recover the outstanding principal amount of $23, 761,810.46 together with accrued interest, late charges, default interest, and any other amounts to be added pursuant to the terms of the Loan Documents, including costs and attorneys' fees and that Guarantor be adjudged to pay the whole residue or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after the sale of the Mortgaged Premises and the application of the proceeds pursuant to the provisions contained in such judgment, the amount thereof to be determined by the Court as provided in Section 1371 of the Real Property Action and Proceedings Law. WHEREFORE, Plaintiff demands judgment as follows that: a. All defendants, and all persons claiming under them be barred and forever foreclosed of all tight, title, lien, claim and equity of redemption in and to the Mortgaged Premises with all of its fixtures, except for the right of the United States of America and its political divisions, to be redeemed as provided by applicable law. b. The Mortgaged Premises be sold as to obtain the greatest return of sale, whether sold jointly as a single parcel or sold separately as two or more parcels; c. The money raised from the sale of the Mortgaged Premises be paid into Court and Plaintiff be paid first (i) the principal sum of $23,761,810.46 due and owing under the Loan Documents, with interest to the time of payment; (ii) late charges; (iii) all sums, including payment of taxes and other charges, which may be expended by plaintiff to protect its security interest in the Mortgage, and (iv) reasonable costs and attorneys' fees incurred by Plaintiff in enforcing this action; 14 17 of 19
d. The defendant Borrower be adjudged liable under the Loan Documents for all amounts of the debt remaining unsatisfied after the application of the proceeds of such sale pursuant to a judgment of foreclosure in accordance with RP APL 1371; e. The defendant Guarantor be adjudged liable under the Guaranty for such amounts as the court may determine; f. The defendant Borrower be adjudged liable under the Loan Documents for reasonable costs and attorneys' fees incurred by Plaintiff in enforcing this action; g. The upon a separate application, Plaintiff shall be entitled to the appointment of a receiver of the rents and profits of the Mortgaged Premises; h. The purchaser(s) of the Mortgaged Properties at such foreclosure sale be awarded a writ of possession and all other persons in possession of the premises be evicted; and i. The Plaintiff be awarded such other and further relief as the Court may deem just and proper. Dated: New York, New York June 28, 2016 THOMPSON & KNIGHT LLP Evelyn H. Seeler, Esq. Attorneys for Plaintiff TCG LGA HOLDINGS LLC 900 Third Avenue, 20th Floor New York, New York 10022 (212) 751-3001 \ 15 18 of 19
VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) MA TTIIEW BROWER, being duly sworn, deposes and says: I am an Authorized Signatory oftcg LOA HOLDNGS LLC, Plaintiff in the within action. f have read the annexed Verified Complaint, know the contents thereof and the same arc true to my knowledge, except as to those matters which are stated to be alleged upon information and belief and as to those matters I believe them to be trne. The source of my knowledge is the flies and business records of Plaintiff. Sw~ to me before this l..?-day of June 2016 MATTHEW BROWER MORRIS S. OOUECK Not&ly Public, State of Nev. '"., No. 02006165554 o..illd In tof9 Count)' Ca:m IHIDn ElqlirM "Pfll 21 1 2PZ,) 16 19 of 19