Plaintiff, of The Community Preservation Corporation, the authorized servicer and attorney in fact for plaintiff PENY & Co., L.L.C. (“Plaintiff”), sworn to on March 17, 2025, the Affirmation of Mark A. Slama, Esq., sworn to on March 24, 2025, and the accompanying memorandum of law, and upon Plaintiff’s Verified Complaint and all of the pleadings and proceedings in this action, and it appearing to the satisfaction of the Court that: (1) this action is properly brought to foreclose the lien evidenced and secured by the Mortgage; (2) Plaintiff is the holder of the Mortgage and other Loan Documents, and is entitled to enforce the same; (3) defendant mortgagor Philadelphia Community Services Housing Development Fund Corporation {41182187:1} (“Borrower”) is in default under the Mortgage for, among other things, failing to make payments of principal, interest and other charges due under the Loan Documents; (4) that pursuant to the Mortgage and Real Property Law §254(10), Plaintiff is entitled to the appointment of a receiver as of right; and (5) that the appointment of a receiver is necessary for the protection of the Mortgaged Property and the Plaintiff's interest in it;

ORDERED, that before entering upon his duties, the Receiver shall be sworn to fairly and faithfully discharge the trust committed to him, and this oath shall be filed with the Clerk of New York County, and shall execute to the People of the State of New York and file with the Clerk of this Court an undertaking in the sum of $______________ conditioned for the faithful discharge of his duties as such Receiver; and it is further

ORDERED, that if any of the defendants or their contractors, agents and/or employees are in possession of the licenses, permits, contracts, subcontracts, plans, agreements, correspondence, notices, and registration statements relating to the Mortgaged Property, they shall immediately deliver them to the Receiver; and it is further

ORDERED, that the Receiver is authorized to secure, obtain and/or arrange for the continued storage of any prepaid building materials, to supervise any subcontractors entering 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 if the cost of the same is under $3,000.00, otherwise a Court Order is necessary; and it is further

ORDERED, that the Receiver be and hereby is authorized and directed to resolve all unaddressed and outstanding building violations issued against the Mortgaged Property and remediate same with the regulatory authorities as is necessary to (i) make such issues that are the subject of such violations safe and complete required construction or demolition activities at the Mortgaged Property; and (ii) comply with controlling law and regulations, provided that, the cost of such resolution and remediation does not exceed $3,000.00 in the aggregate or Receiver has obtained Plaintiff’s written consent to make such corrections, repairs or work; and it is further {41182187:1} ORDERED, that notwithstanding anything to the contrary contained in this order, the receiver shall not, without Plaintiff’s written consent, make improvements or repairs to the Mortgaged Property at a cost in excess of $3,000.00; and it is further,

Plaintiff, and Deputy General Counsel of The Community Preservation Corporation, the authorized servicer and attorney in fact for plaintiff PENY & Co., L.L.C. (“Plaintiff”), sworn to on March 17, 2025, the Affirmation of Mark A. Slama, Esq., sworn to on March 24, 2025, and the accompanying memorandum of law, and upon all of the pleadings and proceedings in this action, the undersigned counsel for Plaintiff will move this Court at the Courthouse located at 60 Centre Street, Motion Submission Part (Room 130), New York, New York 10007, on Friday, April 11, 2025, at 9:30 a.m., or as soon thereafter as counsel may be heard, for an order appointing a receiver and such other and further relief as this Court may deem just and proper.

Plaintiff submits a proposed form of Order with its motion papers.

{41213586:1} PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), more than sixteen days’ notice having been given, answering papers, if any, are required to be served upon the undersigned at least seven days before the return date of this motion.

WINDELS MARX LANE & MITTENDORF, LLP

NYS Department of Taxation and Finance Attn: Office of Counsel Building 9 W A Harriman Campus Albany, New York 12227 Defendant NYC Department of Finance 66 John Street, 2nd Floor New York, New York 10038 Defendant

{41182190:3} documents, and the defendant Philadelphia Community Services Housing Development Fund Corporation's ("Borrower") payment history and current account status.

The Loan is further secured by, among other things, UCC Financing Statements perfecting Plaintiffs interest in certain Collateral arising out of or related to the Mortgaged Property.

In addition, Borrower has failed to pay real estate taxes and other assessments, which constitutes a separate default under the Loan Documents.

After the happening of any Event of Default and during its continuance, or upon the commencement of any proceedings to foreclose this Mortgage or to enforce the specific performance hereof or in aid thereof or upon the commencement of any other judicial proceeding to enforce any right of the Mortgagee, the Mortgagee shall be entitled, as a matter of right, if it shall so elect, without the giving of notice to any other party and without regard to the adequacy or inadequacy of any security for the Indebtedness, forthwith either before or after declaring the unpaid principal of the Note to be due and payable, to the appointment of such a receiver or receivers.

Moreover, a receiver will be able to take appropriate action to maximize the value of the Collateral for the benefit of both Plaintiff and Borrower, including the leasing of any units in the Mortgaged Property that are, or become, vacant.

I have personal knowledge of the facts set forth in this Affirmation based on my role as counsel for Plaintiff in this matter (including the pre-litigation stages) and my review of the applicable commercial loan documents, title and tax search, and recorded commercial loan instruments available through the Automated City Register Information System.

Services Housing Development Fund Corporation (“Borrower”) in the principal amount of Four Hundred Fifty-Five Thousand Dollars ($455,000.00) with interest (“Loan”).

The Rudolph Affirmation attaches the Complaint and exhibits, including the Loan Documents giving rise to this action.

The Rudolph Affirmation sets forth the Mortgage provision establishing that Plaintiff is entitled to the appointment of a receiver on the occurrence of any Event of Default.

Plaintiff respectfully requests that the Court appoint Ava Stapp (Fiduciary No. 107182) as receiver for the Mortgaged Property.

Defendants, the nameddefendant, PHILADELPHIA COMMUNITY PLEASETAKENOTICEthat SERVICESHOUSINGDEVELOPMENTFUNDCORPORATION,hereby appears in the proceeding and demandthat all papers be served upon its attorney, PERCIVALA.

The Defendant denies it has knowledge and or information to form a belief as to the truth of the allegations contained in the paragraphs of the Verified Complaint designated "5", "18", "21", "23", "24", "25", "26", "27", "50" and "62".

That upon information and belief, no contract or other agreement ever existed in accordance with the terms that were set forth in the Verified Complaint between the plaintiff and the defendant, thus, requested herein.

WHEREFORE,the defendant, demandjudgment dismissing the Complaint herein, with legal fees, costs and disbursements against the plaintiff on its Counterclaim and for such other and as to this Court seems just, proper and equitable.

CLARKE, an Attorney-At-Law State of NewYork affirms to be true under penalties of perjury: the following the Defendant, PFCASTORROWHOUSING I amthe attorney for DEVELOPMENTFUNDCORPORATION,herein.