At Part ___ of the Supreme Court of the State of New York, held in and for the County of New York at the courthouse thereof located at 60 Centre Street, New York, New York, on _________________ ___, 2024 Index No. 850231/2022

DOES 1-50, and XYZ CORP. 1-50, The names of the John and Jane Does 1-50 defendants and XYZ Corp. 1-50 defendants being fictitious and unknown to the plaintiff and represent persons or parties, corporations or entities having an interest in or lien against the premises sought to be foreclosed herein, as owner, licensee, occupant or otherwise,

Defendants.

--------------------------------------------------------------x Upon the Affirmation of Temporary Receiver, Barton Schwartz, dated August 18, 2024 with exhibits in support of the Receiver’s motion to authorize the repairs at the real property known as 193 Henry Street, New York, NY 10002 (the “Premises”); and after due deliberation thereon and for good cause shown; WHEREAS, defendant 193 HENRY STREET LLC (“Landlord”) is the owner and landlord of the building located at 193 Henry Street, New York, NY 10002 (Block 285, Lot 8) (the “Building”); WHEREAS, JUSTIN CRAIG currently occupies Apartment C2 in the Building; WHEREAS, Barton Schwartz was appointed Temporary Receiver of the Premises; WHEREAS, the Receiver’s motion to eject the aforementioned occupant from the Premises was granted by this Court; NOW, it is hereby ORDERED that the Receiver’s motion is granted in its entirety; and it is further ORDERED, that a New York City Sheriff and/or Marshal, be and is hereby ordered, upon receipt of a copy of this Order and payment of proper fees, to enter upon the Premises described above and shall forthwith remove and eject therefrom occupant JUSTIN CRAIG from the Premises and any other occupants of Apartment C2 and put the Receiver in possession of Apartment C2 of the Premises, and that this Order be executed by the New York City Sherriff and/or Marshall as though it were an execution for the delivery of possession of said Premises; and it is further

ORDERED that the sublease agreement dated February 1, 2023 between tenant Henry Street Pretzels LLC and occupant Justin Craig is hereby vacated; and it is further ORDERED that the Receiver is authorized to repair the property in accordance with the estimate submitted with the motion.

1-50 defendants being fictitious and unknown to the plaintiff and represent persons or parties, having an interest or entities corporations in or lien the premises sought to be foreclosed against herein, occupant or otherwise.

Mortgaged Property as set forth in the Complaint which is encumbered by Plaintiff's mortgage lien; and it is further ORDERED,that before entering upon his duties, the trust committed to him and this oath shall be filed with the Clerk of and faithfully discharge NewYork County, and shall execute to the People of the State of NewYork and file with the said Receiver shall be sworn to fairly Clerk of this Court and undertaking in the penal sum of $10,000.00, conditioned for the faithful discharge of his duties as such Receiver; and it ORDERED,that the tenants, licenses, is further occupants, or other persons in possession of any portion or the whole of said Mortgaged Property attorn to said Receiver and pay over to said Receiver all fees and license fees and other charges the "Obligors"), occupancy rents, Property now due and unpaid, become due; and that or that may hereafter HENRYSTREETLLC and THERESEOLIVA (collectively, or employees be and are hereby enjoined and restrained of such Mortgaged the defendants, and any of their agents, assigns, from collecting the rents and license fees and other charges of said Mortgaged Property and from interfering in any manner with the management, care, or use of the Mortgaged Property or its possession; and from transferring, removing or in any way disturbing any of the occupants or employees; and that all tenants, occupants, employees and licensees of the Mortgaged Property and other persons liable for the rents be and hereby are enjoined and restrained from paying any rent or license fees or other charges for such Mortgaged Property to the defendants, their agents, servants or attorneys; and it is further ORDERED,that said Receiver be and hereby is directed to demand, collect and receive from the occupants, tenants, and licensees or others in possession of any part or the whole of said {41088333:1}

Mortgaged Property, therefor, fees thereof now due and unpaid or hereafter or other persons liable any license ORDERED,that Obligors or any of their rents now due and unpaid or to become due after all the rents, occupancy fees or charges and to become fixed or due; and it is further agents or assigns turn over to the Receiver all is further the date of this Order; and it all persons now or hereafter ORDERED,that in possession of said Mortgaged Property, or any part thereof, and not holding such possession under valid and existing leases or tenancies, do forthwith surrender such possession to said Receiver, subject to emergency laws, if any; and it is further ORDERED,that, upon receipt of Plaintiff's and prosecute suits for the collection of rents, license written said Receiver may institute consent, fees and other charges now due or hereafter to becomedue or fixed, and summary proceedings for the removal of any tenants or licensees or other persons therefrom; and it is further of the General Obligations Law Section 7- ORDERED,that pursuant to the provisions 105, anybody holding any deposits or advances of rental as security under any lease or license agreement affecting space in the Mortgaged Property affected by this action shall turn same over to said Receiver within five (5) days after said Receiver shall have qualified; and thereupon the said Receiver shall hold such security subject to such disposition thereof as shall be provided in an order of this Court to be made and entered in this action; and it is further ORDERED,that any person or entity in possession of same shall turn over to said Receiver all rent lists, orders, unexpired and expired leases, agreements, correspondence, notices and registration statements relating to rental space or facilities in the Mortgaged Property; and it is further {41088333:1}

onto the Mortgaged Property to remove any rented equipment, and to preserve, continue or obtain any additional necessary permits or licenses to protect or secure the Mortgaged Property; and it is further ORDERED,that the Receiver is authorized to pay, from the monies held by receiver in connection with the Mortgaged Property, the taxes, assessments, water and sewer rates and charges, the operational expenses for the Mortgaged Property, and the cost of all insurance required by the terms of the mortgage or bonds necessary or required under the Loan Documents; and it ORDERED,that notwithstanding is further anything to the contrary contained in this Order, the Receiver is prohibited from paying and/or incurring obligations, cost and expenses in excess of the monies in his/her hands without Plaintiff's written consent; and it is further, ORDERED,that said Receiver be and hereby is authorized to make any prudent, reasonable, and necessary repairs or work to the Mortgaged Property and undertake such action, provided that, the cost of such repairs and work do not exceed $5,000.00 for each repair, or Receiver has obtained an Order of this Court or written consent of the parties to make such repairs or conductsuchwork; and it is further ORDERED,that said Receiver be and hereby is authorized and directed to inspect the Mortgaged Property and to report to the Court and Crown Bank any potentially unsafe conditions at the Property and to effectuate repairs and maintenance needed to preserve and protect the Mortgaged Property or persons and property thereat, provided that, the cost of such corrections, repairs and maintenance do not exceed $5,000.00 for each repair, or Receiver has obtained an Order of this Court or consent of the parties to make such corrections, repairs or work; and it is further {41088333:1}

ORDERED,that the Plaintiff shall be entitled to, but shall not have the obligation to, make protective advances whether by payment to the Receiver as the Receiver may at any time request from Plaintiff to secure and protect the Mortgaged Property or Plaintiff maymake direct payment of such expenses and thereafter seek reimbursement; and it is further ORDERED,that the Plaintiff or any party hereto, may at any time, on proper the Receiver, and all parties who may have appeared in this action and who have not waived such notice to notice, apply to this Court for further and other instructions or powers necessary to enable the Receiver properly ORDERED,that to fulfill his duties; and it is further the appointee named herein shall comply with Section 35a of the Judiciary Law, Sections 6401-6404 of the CPLR, Section 1325 of the RPAPL, and Rule 36 of is further the Chief Judge; and it

... of action, the summons and complaint herein, and proof that all the defendants have been duly served with said summons or have voluntarily appeared in this action, and that all defendants have been given notice hereof, and that none ...

The following e-filed documents, listed by NYSCEF document number (Motion 004) 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 175, 178 were read on this motion for CONTEMPT and SANCTIONS .

The following e-filed documents, listed by NYSCEF document number (Motion 005) 164, 165, 166, 167, 168, 169, 170, 172, 173, 176, 178 were read on this motion to

Upon the foregoing documents, and for the reasons stated on the record following oral argument on May 29, 2024 (NYSCEF 178), it is ORDERED that Plaintiff Crown Bank’s (“Plaintiff”) motion to hold Defendant 193 Henry Street, LLC (the “Borrower”), the Borrower’s manager Daniel Wise, and the Borrower’s counsel, in contempt of court for violations of the Court’s orders entered on April 13, 2023, and May 3, 2023 (collectively the “Receiver Order”) and to compel the Receiver, Barton Schwartz & Associated Ltd. (the “Receiver”), to provide certain information and take certain actions is 850231/2022 CROWN BANK vs. 193 HENRY STREET LLC ET AL Motion No. 004 005 Page 1 of 3 DENIED and the Borrower’s and Therese Oliva’s cross-motion for sanctions is DENIED (Mot.

This constitutes the decision and order of the Court.

850231/2022 CROWN BANK vs. 193 HENRY STREET LLC ET AL Motion No. 004 005 Page 3 of 3

The following e-filed documents, listed by NYSCEF document number (Motion 004) 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 175, 178 were read on this motion for CONTEMPT and SANCTIONS .

The following e-filed documents, listed by NYSCEF document number (Motion 005) 164, 165, 166, 167, 168, 169, 170, 172, 173, 176, 178 were read on this motion to

Upon the foregoing documents, and for the reasons stated on the record following oral argument on May 29, 2024 (NYSCEF 178), it is ORDERED that Plaintiff Crown Bank’s (“Plaintiff”) motion to hold Defendant 193 Henry Street, LLC (the “Borrower”), the Borrower’s manager Daniel Wise, and the Borrower’s counsel, in contempt of court for violations of the Court’s orders entered on April 13, 2023, and May 3, 2023 (collectively the “Receiver Order”) and to compel the Receiver, Barton Schwartz & Associated Ltd. (the “Receiver”), to provide certain information and take certain actions is 850231/2022 CROWN BANK vs. 193 HENRY STREET LLC ET AL Motion No. 004 005 Page 1 of 3 DENIED and the Borrower’s and Therese Oliva’s cross-motion for sanctions is DENIED (Mot.

This constitutes the decision and order of the Court.

850231/2022 CROWN BANK vs. 193 HENRY STREET LLC ET AL Motion No. 004 005 Page 3 of 3

DOES 1-50, and XYZ CORP. 1-50, The names of the John and Jane Does 1-50 defendants and XYZ Corp. 1-50 defendants being fictitious and unknown to the plaintiff and represent persons or parties, corporations or entities having an interest in or lien against the premises sought to be foreclosed herein, as owner, licensee, occupant or otherwise,

UPON the Notice of Motion dated March 7, 2024, the affirmation of Edward A. Vincent, Esq. dated March 7, 2024, and the exhibits annexed thereto, and all prior papers filed in this action and prior proceedings had herein; and upon the affirmation of Michael Manniello, Esq. dated May 3, 2024 in opposition thereto; and the motion having come on in the regular course of business; and the motion having been granted after oral argument on May 29, 2024;

NOW, on motion by Edward A. Vincent, Esq., attorney for Barton Schwartz, Temporary Receiver, it is hereby

The provision “ORDERED, that, upon receipt of written approval from Plaintiff and Borrower, or upon receipt of an Order of this Court in the event that written approval is not provided by both parties, the Receiver is authorized to lease any unit of the Mortgage Property which is vacant as of the date of this Order, or that may become vacant during the term of the Receivership provided that the terms of the lease(s) comply with the laws of the State of New York and any local laws governing the use or occupancy of the Property” is hereby removed from the Order;

The following provision is added to the Order: “ORDERED that the Temporary Receiver is authorized from time to time to rent and lease any part of the premises for terms not exceeding one (1) year or such longer terms as may be required by applicable laws or regulations; to keep the premises insured against loss by damage or fie; to pay the taxes assessments, water rates, sewer rates, vault rents, salaries of employees, supplies and other charges; to comply with all lawful requirements of the any municipal department or other authority of the municipality in which the mortgage premises are situated and to procure such fire, liability and other insurance as may be reasonably necessary”;