PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Constitution Plaza Mezz LLC

NOTICE OF UCC PUBLIC AUCTION SALE

PLEASE TAKE NOTICE, that in accordance with applicable provisions of the Uniform Commercial Code of the States of Delaware and New York (as applicable), TCM CRE REIT LLC, a Delaware limited liability company (the “Secured Party”), will sell at public auction all limited liability company interests held by Constitution Plaza Mezz LLC, a Delaware limited liability company (“Pledgor”), in Constitution Plaza Holding LLC, a Delaware limited liability company (the “Pledged Entity”; such interests, the “Equity Interests”). The Equity Interests secure indebtedness owing by Pledgor to Secured Party in a principal amount of not less than $10,000,000.00 plus unpaid interest, attorneys’ fees and other charges including the costs to sell the Equity Interests (“Debt”).

Secured Party’s understanding, without making any representation or warranty as to accuracy or completeness, is that the principal asset of the Pledged Entity is the real property located at 1, 10, 100, 248, 250, 260, 270, 280, 290 and 292 Constitution Plaza, Hartford, Connecticut 06103 (the “Property”).

The public auction sale (“Public Sale”) will be held on January 31^st, 2024 at 3:30 P.M. (ET) by virtual bidding via Zoom and/or at Secured Party’s sole option, in-person in the offices of Sills, Cummis & Gross, P.C., 101 Park Avenue, 28th Floor, New York, New York 10178. The URL address and password for the online video conference will be provided to all confirmed participants that have properly registered for the Public Sale. The Public Sale will be conducted by auctioneer Matthew D. Mannion, of Mannion Auctions, LLC, New York City Division of Consumer Affairs Licensed Auctioneer, License No. 1434494.

At the Public Sale, Secured Party reserves the right to: (i) credit bid up to the amount of the Debt; (ii) set minimum price(s) for the Equity Interests; (iii) reject bids, in whole or in part; (iv) cancel or adjourn the Public Sale, in whole or in part; and (v) establish the terms and conditions of the Public Sale (“Terms of Public Sale”) which shall comply with all restrictions and obligations pursuant to that certain Intercreditor Agreement dated as of April 18, 2018 by and between Secured Party and the holder of the mortgage encumbering the Property.

Prospective and winning bidder(s) will be required to represent in writing to Secured Party that they will adhere to the Terms of Public Sale and are purchasing the Equity Interests for their own account, not acquiring them with a view toward the sale or distribution thereof and will not resell the Equity Interests unless pursuant to a valid registration under applicable federal and/or state securities laws, or a valid exemption from the registration thereunder. The Equity Interests have not been registered under such securities laws and cannot be sold by the winning bidder(s) without registration or application of a valid exemption. The Equity Interests will be offered for sale at the Public Auction “as-is, where-is”, and there are no express or implied warranties or representations relating to title, possession, quiet enjoyment, merchantability, fitness, or the like as to the Equity Interests. THIS NOTICE DOES NOT CONSTITUTE AN OFFER TO SELL, NOR THE SOLICITATION OF AN OFFER TO BUY, THE DISPOSITION ASSETS TO OR FROM ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER OR SOLICITATION IS NOT AUTHORIZED.

All bids (other than credit bids of the Secured Party) must be for cash, and the successful bidder must be prepared to deliver immediately available good funds in the amount of twenty percent (20%) of the successful bid within 24 hours after the sale, with the balance to be delivered within five (5) business days of the Public Sale and otherwise comply with the bidding requirements, including the payment of all transfer taxes, stamp duties and similar taxes incurred in connection with the purchase of the Equity Interests.

Parties interested in bidding on the Equity Interests must contact Brock Cannon and Stephen Schwalb, Secured Party’s broker, NEWMARK (“Broker“), via email at [email protected]. Upon execution of a standard non-disclosure agreement, additional documentation and information will be available. Interested parties who do not contact Broker and register before the Public Sale will not be permitted to participate in bidding at the Public Sale. Additional information can be found at https://rimarketplace.com/listing/46695/-10-million-ucc-foreclosure-sale-class-a-high-rise-office-hartford-ct.