FILED: NEW YORK COUNTY CLERK 09/21/ :55 PM INDEX NO /2015 NYSCEF DOC. NO. 283 RECEIVED NYSCEF: 09/21/2017. Exhibit 2
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1 NYSCEF DOC. NO. 283 RECEIVED NYSCEF: 09/21/2017 Exhibit 2 (Letters from Aura s counsel to New York Community Bank dated April 8, 2014 and April 23, 2014; Letter from U-Trend s counsel to Aura s counsel dated May 29, 2014)
2 NYSCEF DOC. NO RECEIVED NYSCEF: 09/21/2017 ANJKJEL, KURMAN & McCARTIN, LlLP ATTORNEYS AT LAW PAULs. SKURMAN WILLIAM F. McCARTIN CLAUDIO DESSBERG N xc J:IoLAs CoRONA,jR.* JANELLE B. ROSENBAUM* 'EUGENE j. MARTIN 477MadisonAvenueoNewYork, New York Telephone: Fax: Of counsel j OEL S. SANKEL CARMEL O SHEA-MALONEYf *Also admitted in New jersey '!'Also admitted to Roll of Solicitors, Ireland April23, 2014 BY FEDERAL EXPRESS James J. Carpenter Senior Executive Vice President and Chief Lending Officer New York Community Bank 615 Merrick Avenue Westbury, New York Re: Lender: New York Community Bank Borrower: US Suite LLC Loan Number: Mortgaged Premises: 440 West 41st Street New York New York Dear Mr. Carpenter: We represent Aura Investments Ltd. ("Aura") and US Suite Corporation, the controlling investor (70% ) in US Suite LLC, as well as US Suite LLC. Aura is one of the top 10 real estate construction and development companies in Israel, publicly traded on the Tel Aviv stock exchange, and with more than 3000 apartments under construction. US Suite LLC is the borrower and mortgagor under the above-referenced mortgage loan, extended by New York Community Bank (the "Bank") on March 5, 2010 in the original principal amount of $10,000, On behalf of Aura and US Suite LLC, we have made numerous requests to meet with an officer or other appropriate representative of the Bank for purposes of discussing and resolving the issues raised in a notice of non-monetary default issued by the Bank on March 20, Included among the various options which we have been attempting to discuss with the Bank in order to resolve this matter is payment of the outstanding balance due under the mortgage loan at issue by US Suite LLC, or through the purchase of the Bank's mortgage loan. As the 70% controlling investor in US Suite LLC, and as a publicly traded company with a fiduciary obligation to its shareholders, Aura has a common interest with the
3 NYSCEF DOC. NO RECEIVED NYSCEF: 09/21/2017 James J. Carpenter April 23, 2014 Page 2 Bank in protecting its investment in the property and resolving any issues relating to the Bank's mortgage loan. Any resolution of such. issues with the Bank would require Aura's authorization and consent, which is why it has repeatedly requested a meeting with the Bank to set forth its proposals or discuss alternative options for such resolution. Enclosed is a copy of one such request made by letter dated April 8, 2014 and addressed to Mr. Kevin Dellegar, First Vice President of New York Community Bank and the only officer Aura is aware of who is involved with this loan account. A follow-up was also sent to Mr. Dellegar on April 14, 2014, again requesting a meeting or, in the alternative, asking for the names of the appropriate loan officers to whom such requests should be addressed. We have not received any response from the Bank to such requests, as well as to prior additional requests for a meeting with the Bank to resolve the claimed non-monetary defaults set forth in the Banks's notice. We are at a loss to understand why the Bank does not seem interested in meeting with us, in good faith, to resolve these issues. I am now writing directly to you in an attempt to again request such a meeting, or that, at the very least, such requests be directed to the appropriate loan officer at New York Community Bank. The officers of Aura in Israel are prepared to travel to New York for such a meeting, and are eager for such meeting to take place as soon as possible. Please advise if such meeting can be arranged, or please advise if there is someone else to whom we should be addressing such requests. Thank you, and your consideration to this matter is much appreciated. CD/ep Enclosure Sincerely, r l! I~.) /. \.)1/o/Udt O i e4'.16-c/~ / -cf Claudio Dessberg cc: Kory Davis, First VP and In-House Counsel Kevin Dellegar, First V~ Samit G. Patel, Esq. 1:\wpdata\C\Cd\Carpenter Ltr docx
4 NYSCEF DOC. NO RECEIVED NYSCEF: 09/21/2017 SANKJElL, SKURMAN & McCARTIN, LJLJP ATIORNEYS AT LAW PAULS. SKURMAN W ILLIAM F. McCARTIN CLAUDIO DESSBERG NICHOLAs CoRONA,jR.* JANELLE B. ROSENBAUM* EuGENE J. MARTIN 477 Madison Avenue New York, New York Telephone: Fax: Of counsel joel s. SANKEL CARMEL O SHEA-MALONEYf *Also admitted in New Jersey raiso admitted to Roll of Solicitors, Irtland April 8, 2014 VIA AND FIR ST CLASS MAIL Mr. Kevin Dellegar First Vice President Asset Management Department New York Community Bank One Jericho Plaza Jericho, New York Re: Lender: New York Cdmmunity Bank Borrower: US Suite LLC Loan Number: 'Mortgaged Premises: 440 West 41st Street New York New York Dear Mr. Dellegar: We represent US Suite LLC as well as Aura Investments Ltd. ("Aura"), the controlling investor in US Suite LLC. Aura is a publicly traded real estate construction and development company based in Israel. US Suite LLC is the borrower and mortgagor under the above-referenced mortgage loan evidenced by a Substitute and Restated Promissory Note and secured by a Modification Extension and Security Agreement, each dated March 5, 2010, in the original principal amount of $10,000,000. Reference is made to the notice of non-monetary default dated March 20, 2014, sent to the attention of Ben Suky at the New York address of US Suite LLC, a copy of which is here enclosed. Mr. Suky, through his company 440 West LLC, holds a minority interest in US Suite LLC. This letter is to request, on behalf of US Suite LLC, a meeting with you or other representatives of New York Community Bank for purposes of discussing and attempting to resolve the issues raised in the enclosed letter. Among other things, Aura is not aware of any secondary financing having been placed on the mortgaged premises, nor is it aware of any interest in either US Suite LLC or in the entities owing same having been sold, transferred or
5 NYSCEF DOC. NO RECEIVED NYSCEF: 09/21/2017 Mr. Kevin Dellegar April8,2014 Page2 pledged - as appears to be claimed in the enclosed letter. More generally, Aura and US Suite LLC are eager to resolve the claimed non-monetary defaults set forth in the enclosed letter, and wish to discuss any and all options which may be available for doing so - including without limitation agreeing on a plan and timeline for resolving any local law building violations, repayment of the loan amount to New York Community Bank, or refinancing of the loan, either through New York Community Bank or another lender.. The officers of Aura are ready to fly from Israel to meet with you, or other New York Community Bank representatives, for such purpose at your convenience. Please let me know if such a meeting can be arranged. Thank you, and I look forward to hearing back from you. CD/ep Enclosure Claudio Dessberg cc: Samit G. Patel, Esq. 1:\wpdata\C\Cd\Dellegar Ltr docx
6 FILED: NEW YORK COUNTY CLERK 09/21/ :39 07:55 AM PM INDEX NO / /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 09/21/2017 Elic1.cr Eshcl Hag~i Aslllagi Gnl Rozen( Mcytnl knt?.-rozellbcrg r1 1 JllY \JJT11, 1 'J/JVJN /'JVJN Eshel, Ashlagi) Rozent Law Offices Ari Hnr Znhav May \ 2014 Snrit Azricl Claudio Dessberg, Esq. llndas Cohen Rithulsky Sankel Skurman & McCartin LLP Ari Rubiuslcin 477 Madison Avenue EladTravis New York, New York Ofcr Fm:hs USA Re: US Suite Corp., US Suite LLC Dear Mr Dessberg, Our Client, U-Trend NY Investments L.P. (the "Partnership"), has requested us to approach you as follows: 1. As you ought to be well aware, our Client 1s the owner of 50% of Hospitality Suite International S.A, that in turn, owns 100% of U.S. Suite Corp., which in turn, acts as the managing member and owner of 70% of US Suite LLC [and US Suite Management LLC). Our Client's representative, Mr Tomer Shohat, is also an officer in US Suite Corp. Our Client has also made very substantial loans to US Suite LLC and to Hospitality Suite International S.A, with which sums the properiy of 440 West 41st Street was purchased. 2. You are also aware that there is currently a dispute between the members and owners of US Suite Corp. and Hospitality Suite International SA There are additional disputes between the owners of US Suite LLC. 3. There is ongoing litigation in Israel between several of the parties. 4. lt has come to our Client's attention that you have been presenting yourself as representing several entities, including US Suite Corp. and US Suite LLC. For some reason unknown to our Client, you have acted without requesting our Client's consent, and furthermore, have not even notified our Client of your actions and correspondence. Attached find two letters (which have come to our Client's attention) in which you have claimed to represent different companies, as aforementioned. Our Client is unaware if there are any additional such letters, e-m ails faxes or other documents. G98765 Knrdan Building J 8th tloor 154!vlenacbem Begin Rd. Tel Aviv lh 972-J ; Fax: ; E-n1ail: \!ij}~~@.ij,:gal~!.l.li.n~l~.\lj]; Web: I '
7 FILED: NEW YORK COUNTY CLERK 12:39 AM INDEX NO /2014 NYSCEF NYSCEF DOC. DOC. NO. NO RECEIVED RECEIVED NYSCEF: NYSCEF: 09/21/ JllY \JJT11, 1 l'7vn.,'7vjlx EliN:cr Eshcl Hng~; 1\shlngi Gnl Rozcnt Meytnl Ki!t7.-RozcJJllcrg 1\ri 1-lnr Zalia v Sari! A7.riel Hnda.s Cohen Ridmlsky Ari Rubinstc in Elm1 Travis Ofcr Fuchs Eshel, Ashlag\, Rozent Law Offices 5. You are hereby required to immediately send us any and all correspondence that you have conducted and wlll conduct in the future (Including any correspondence you have sent, and any correspondence you have received or has been copied to you) with respect to any of the following Companies - Hospltallty Suite International S.A; U.S. Suite Corp.; US Suite LLC and US Suite Management LLC. For the avoidance if doubt, be advised that you are not authorized by the Partnership to speak for or on behalf of either US Suite LLC, US Suite Corp or the Partnership and you are therefore directed to make clear In all future communications that you represent only Aura, which is only half~owner of US Suite Corp (that in turns is the managing member and holder of 70% of US Suite LLC). 6. Anything mentioned in this letter or omitted from it, does not derogate from our clients rights and remedies and does not exhaust our Client's arguments, rights and remedies.. // // /I / l / / Since~~:yburs. / /~c-,') / I/ /,,, Hagaf1\shlag1;' Adv. Eshel, Ashlagi, Rozent cc: Terence K. McLaughlin, Esq. Reuven Klein, Esq. Shukl Aharon, Esq. U-Trend NY lnvestments L.P.
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