Penthouse w/ Terraces
UCC Foreclosure Auction

Details:

• 1835 shares of capital stock of 45 East 66th Owners Corp. and appurtenant to 45 East 66th Street, PHAB, New York, New York 10065
• Description of PHAB (Access Unavailable – Sourced from online websites and Not Represented to be Accurate)
•    4,000+ Sq Ft of Living Area
•    3,400+ Sq Ft of Outdoor Terraces
•    4-5 Bedrooms
•    4.5 Bathrooms

Additional Information:

• PLEASE TAKE NOTICE, that, in accordance with applicable provisions of the New York State Uniform Commercial Code (the “Code”), including, without limitation, Sections 9-604(e) and 9-610(a) of the Code, Rock Harbor Capital, LLC, a Delaware limited liability company (“Secured Party”), by Richard B. Maltz, DCA# 1240836 or David A. Constantino, DCA# 1424944 (“Auctioneer”), will offer for sale, at public auction, those certain 1835 shares of capital stock of 45 East 66^th Owners Corp. issued to David J. Mitchell (“Borrower”) and appurtenant to 45 East 66^th Street, PHAB, New York, New York 10065 (the “Shares”), and the related Proprietary Lease dated July 24, 2013 between Borrower and 45 East 66^th Owners Corp. (the “Lease”, and together with the Shares, collectively, the “Collateral”). The public auction will be held in person at the offices of Pryor Cashman LLP, 7 Times Square, New York, New York and online by desktop bidding at RemoteBidding.MaltzAuctions.com on March 2, 2022 at 9:30 a.m. (Eastern Time) (the “Sale Date”). All bidders must pre-register via Maltz Auction’s online bidding app (Maltz Auctions), available for download via the App Store or Google Play, by no later than March 1, 2022, at 9:30 a.m. (Eastern Time). Any bidder intending to appear in person at the offices of Pryor Cashman LLP (the “Offices”) must also contact Marie P. Hofsdal, Esq. by email at [email protected], by no later than March 1, 2021, at 9:30 a.m. (Eastern Time) to obtain access to the Offices. In addition, all bidders intending to appear in person must be prepared to show a government issued ID and may be required to follow certain COVID protocols then in effect, including completing a wellness check, providing proof of vaccination and wearing a mask while inside the Offices.
• The Collateral is being offered as a single lot, “as-is, where-is”, with no express or implied warranties, representations, statements or conditions of any kind made by the Secured Party or any person acting for or on behalf of the Secured Party, without any recourse whatsoever to the Secured Party or any other person acting for or on behalf of the Secured Party. The Secured Party reserves the right to credit bid, set a minimum reserve price, reject any or all bids (including without limitation any bid that it deems to have been made by a bidder that is unable to satisfy the requirements imposed by the Secured Party upon prospective bidders in connection with the sale or to whom in the Secured Party’s sole judgment a sale may not lawfully be made) and terminate or adjourn the sale to another time, without further notice. Further information concerning the Collateral, the requirements for obtaining information and the terms and conditions of bidding on and sale of the Collateral can be obtained through Auctioneer at Maltz Auctions, 39 Windsor Place, Central Islip, NY 11722, 516-349-7022, [email protected].
• Secured Party reserves the right, on or prior to the sale, to withdraw all or any part of the Collateral from the sale for any reason whatsoever, to modify, waive or amend any terms or conditions of the sale and, if Secured Party deems appropriate, to reject any or all bids or to continue the sale to such time and place as Secured Party, in its sole and absolute discretion, may deem fit, or to cancel such sale.  Additional or amended terms and conditions of the sale may be announced before or on the Sale Date, or any continued Sale Date.
• NEITHER THE COLLATERAL NOR ANY COMPONENT THEREOF HAS BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OR APPLICABLE STATE SECURITIES LAWS. THE COLLATERAL IS BEING ACQUIRED AS AN INVESTMENT FOR THE SUCCESSFUL BIDDER’S OWN ACCOUNT AND NOT WITH A VIEW TO THE SALE OR DISTRIBUTION THEREOF OR ANY COMPONENT THEREOF.

Please E-Mail [email protected] to Digitally Sign the NDA, or Access the NDA in the Documents Section Below (to be Executed and Returned to [email protected])

Upon Completion & Approval, Access will be provided to the Data Room