FILED: NEW YORK COUNTY CLERK 06/22/ :25 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK Index No: COUNTY OF NEW YORK Plaintiff designates East New York United Capital Real Estate Development Corp., County as the place of trial The basis of the venue is Situs of properties Plaintiff -against- $25m085 Plaintiff resides at Sahara US Corporation, Sahara Plaza LLC., Sahara 3 Columbus Circle, 15th Floor Dreams LLC., and Subrata Roy. New York, New York Defendant County of New York To the above-named Defendant 0t1 Art IJereby 58mm0885 to answer the complaint in this action and to serve a copy of your answer, or, of the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: June 11th, 2018 John P. D aio Defendant's Address: Attorney for aintiff 768 Fifth Avenue Office and Post Office Address New York, New York Maiden Lane, Suite 205 AND: New York, NY West 16th Street Tel: (212) New York, New York Fax (646) of 20

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK United Capital Real Estate Development Corp. Plaintiffs, VERIFIED - against - COMPLAINT Sahara US Corporation, Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy. Defendants. 1 The Plaintiff, United Capital Real Estate Development Corp., (United) by it's Attorney, John DeMaio, as and for a Verified Complaint allege upon information and belief: 2 The Plaintiff, United, is a Delaware Corporation authorized to and actually doing business within the state of New York. 3 The Defendant Sahara US Corporation (Sahara US) is a New York Corporation doing business within the State of New York. 4 The Defendant Sahara Plaza LLC., (Sahara Plaza) is a New York corporation doing business in the State of New York. 5 The Defendant Sahara Dreams LLC., (Sahara Dreams) is a New York corporation doing business in the State of New York. 6 The Defendant Sahara Plaza is the title owner, in fee, of the hotel commonly known as The Plaza at 768 Fifth Avenue, New York, New York Block 1274, Lots The Defendant Sahara Dreams is the title owner in fee of the hotel commonly known as The Dream Hotel Downtown at 355 West 16th New York, New York Block 740, Lots The Defendant Sahara US owns 70% of the shares of the Sahara Plaza and the Defendant Sahara US owns 85% of the shares of the Sahara Dreams, (The Shares) making Sahara US the majority shareholder in both Sahara Plaza and Sahara Dreams. 2 of 20

3 9 The Defendant Subrata Roy owns, operates and controls 100% of Sahara US. The Defendant, Roy, has full, complete and absolute authority to bind for all purposes Sahara US, Sahara Plaza and Sahara Dreams. 10 On or a bout February 19, 2018 and again on February 27, 2018 in two separate contracts (The Contracts) signed by Defendant Roy on behalf of Defendant Sahara US whereby, Defendant Sahara US agreed to sell The Shares of Sahara US in the Sahara Plaza and in Sahara Dreams for an agreed upon amount to Plaintiff United. 11 The sale of The Shares, to Plaintiff United by Sahara US was pursuant to the Drag Along Rights of Sahara US thereby extinguishing any and all rights of any of minority owners to any of The Shares herein, except to a proportionate participation in any net proceeds from said sale. FOR A FIRST CAUSE OF ACTION 12 The Plaintiff United is in full compliance with each and every legal obligation contained in The Contracts including but not limited to submission proof of funds and placement of the required Escrow. 13 The Defendants herein, acting in concert, with the knowledge consent and ratification of each act and omission of the other failed and refused to the close on the sale of The Shares in explicit violation of the terms of The Contracts, in complete breach thereof. 14 Pursuant to the terms of The Contracts, the Plaintiff United is entitled to every remedy recognized at law, including but not limited to, Specific Performance and/or money damages. 15 As a result thereof, the Plaintiff United is entitled to Specific Performance, to wit, the sale of the shares to the Plaintiff United together with money damages in the amount of One Billion Dollars. FOR A SECOND CAUSE OF ACTION 16 All prior allegations are repeated. 3 of 20

4 17 The Plaintiff United and the Defendant Sahara US has entered into a legally binding noncircumvent, non-compete, non-disclosure agreement with the regard to The Contracts and the purchase of The Shares (The Non-Circumvent Agreement). 18 The Defendant Sahara US breached The Non-Circumvent Agreement by inter-alia seeking a separate agreement for the sale of The Shares with the Plaintiffs United's equity partner. 19 As a result thereof, the Plaintiff United has been damaged in the amount of One Billion Dollars. FOR A THIRD CAUSE OF ACTION 20 All prior allegations are repeated. 21 All of the aforesaid constitutes unjust enrichment that is all the Defendants have been unjustly enriched by their conduct to the financial detriment of the Plaintiff United. 22 As a result thereof, the Plaintiff United has been damaged in the amount of One Billion Dollars. FOR A FOURTH CAUSE OF ACTION 23 All prior allegations are repeated 24 The Defendants herein, acting in concert, fraudulently induced the Plaintiff United to enter into The Contracts and to take all steps in compliance thereof, never intending to comply with the requirements of The Contacts, including but not limited to, the Plaintiff showing proof of funds and placing money in escrow. 25 As a result thereof, the Plaintiff United has been damaged in the amount of One Billion Dollars. FOR A FIFTH CAUSE OF ACTION 26 All prior allegations are repeated. 4 of 20

5 27 The Defendants Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy had full and complete knowledge of The Contracts and tortuously interfered with same by inter-alia, seeking to sell of The Shares to third parties including but not limited to the Plaintiff United's equity partner. 28 As a result thereof, the Plaintiff has been damaged in the amount of One Billion Dollars. WHEREFORE THE PLAINTIFF DEMANDS SPECIFIC PERFORMANCE AND DAMAGES IN THE AMOUNT OF ONE BILLION DOLLARS TOGETHER WITH INTEREST C STy AND ATTORNEY FEES. John P. D aio Attorney for laintiff 75 Maiden Lane, Suite 205 New York, NY Tel. (212) Fax. (646) of 20

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK United Capital Real Estate Development Corp. - against - Plaintiff, Sahara US Corporation, Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy. Defendants. Epummong anb Complaint Attorneys for Plaintiff Office and Post ffice Address I John P. aio, Esq. 75 Maiden La, Suite 205 New York, NY Tel: (212) Fax: (646) of 20

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X United Capital Real Estate Development Corp. Plaintiff, - against - NOTICE OF PENDENCY Sahara US Corporation, Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy. Defendants X NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this Court upon a complaint of the above named Plaintiff against above named defendants to foreclosure on contracts of sale dated February 19th, 2018; AND NOTICE IS FURTHER GIVEN, that the premises affected by the said foreclosure action, were, at the time of the commencement of said action, and at the time of the filing of this notice situate in Block 740, Lots 7502 on the land map of the City of New York in the County of New York in the State of New York, The Dream Downtown Hotel at 355 West 16th Street, New York, NY Dated: June 22nd, 2018 New York, New York John DeMaio Attorney for Plai 75 Maiden Lane, Suite 205 New York, NY Tel: Fax: of 20

8 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 521 Fifth Avenue, New York, NY (212) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPAN Y TITLE NO. NYC L EXHIBIT A ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: 17 ¹ BEGINNING at a point on the southerly side of West 17 Street, distant 100 feet easterly 17th from the corner formed by the intersection of the southerly side of West Street with the easterly side of Ninth Avenue; RUNNING THENCE southerly parallel with Ninth Avenue, 184 feet to the northerly side 16th of West Street; THENCE easterly along the northerly line of West 16th Street, 25 feet; THENCE northerly parallel with Ninth Avenue, 92 feet to the center line of the block; THENCE easterly parallel with 16th Street and along the center line of the block, 25 feet; THENCE southerly parallel with Ninth Avenue, 92 feet to the northerly side of West 16th Street; THENCE easterly along the northerly side of 16th Street, 75 feet; THENCE northerly parallel with Ninth Avenue, 92 feet to the center line of the block; THENCE easterly along the center line of the block and parallel with the northerly side of 16th Street, 50 feet; THENCE northerly and parallel with Ninth Avenue, 92 feet to the southerly side of 17th Street; THENCE westerly and along the southerly side of place of BEGINNING. 17th Street, 175 feet to the point or FOR CONVEYANCE ONLY: Premises being known as the Hotel Unit and the Retail Unit in the Dream Downtown Hotel, with a street address of West 16th Street 16th 17th a/k/a 359 West Street a/k/a West Street, New York, N.Y. and designated as Block 740 Lots 1001 and 1002, respectively, as shown on Tax Map of the of of New York. City New York, County 8 of 20

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK United Capital Real Estate Development Corp. - against - Plaintiff, Sahara US Corporation, Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy. Defendants. 0 Rotice Of Senbency The properties affected by the within instrument lies in Block 740, Lots 7502 on the land map of the County of New York. The Dream Downtown Hotel at 355 West 16th Street, New York, NY Attorneys for Plaintiff. Office and Post 0 fice Address 0 CD H 2 John P. De aio, sq. 75 Maiden Lan Suite 205 New York, NY Tel: (212) Fax: (646) of 20

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X United Capital Real Estate Development Corp. Plaintiff, - against - NOTICE OF PENDENCY Sahara US Corporation, Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy. Defendants X NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this Court upon a complaint of the above named Plaintiff against above 2018,. named defendants to foreclosure on contracts of sale dated February 19th, 2018; AND NOTICE IS FURTHER GIVEN, that the premises affected by the said foreclosure action, were, at the time of the commencement of said action, and at the time of the filing of this notice situate in block 1274 lot 25 on the land map of the City of New York in the County of New York in the State of New York, The Plaza Hotel at 768 Fifth Avenue, New York, NY Dated: June 22nd, 2018 New York, New York John DeM 'o Attorney for laintiff 75 Maiden Lane, Suite 205 New York, NY Tel: Fax: of 20

11 'I :I EXHIBIT A LAND ' As to Parcel A: (The Plaza Condominium): As to Parcel I - The Plaza Condominium, 768 FGh Avenue, The Transient Hotel Unit (THU) The Condominium Units in the building known as The Plaza Condominium and located at and known as and by street number 768 Fifth Avenue, designated and described as Unit THU "Units" (Transient Hotel Unit) (hereinafter collectively called the "Units") in the Declaration made by CPS 1 Realty LP under the Condominium Act of the State ofnew York (Article 9-B of the Real Property Law of the State of New York), dated March 13, 2006 and recorded March 23, 2006 in the Office of the Register of The City of New York, County of New York as CRFN , by amended by that certain Amended and Restated Declaration dated as of March 13, 2006 and recorded April 12, 2006 as CRFN and further amended by First Amendment to Amended and Restated Declaration, dated as of May 29, 2007 and recorded June 12, 2007 as CRFN as further amended by Second Amendment to Amended and Restated Declaration of Condominium dated as of August 12, 2013 and recorded October 1, 2013 in CRFN (amends bylaws) (hereinafter collectively called the "Declaration" "Declaration") establishing a plan for Condominium ownership of said Building and the land "Property" upon which the same is erected (hereinafter sometimes collectively call the "Property") and also designated and described as Tax Lot No in Block 1274 of Section 5, Borough of Manhattan on the Tax Map of the Real Property Assessment Department of the City of New York and on the Floor Plans of said Building certified by Costas Kondylis & Partners LLP on March 2, 2006 and filed as Condominium Plan No and as Map No on March 23, 2006, as amended by Floor Plans of said Building certified by Costas, Kondylis & Partners LLP, as of May 29, 2007 and filed with the Real Property Assessment Bureau as Condominium Plan No A and recorded June 12, 2007 as CRFN in the aforesaid Register's Office. Together with an undivided percent interest in the Common Elements (as such term is defined in the Declaration). The land upon which the Building containing the Unit is erected is described as follows: (FORMER LOT 25): ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, County, City and State ofnew York, bounded and described as follows: BEGINNING at the comer formed by the intersection of the northerly side of West 58th Street with the westerly side of Fifth Avenue Plaza 11 of 20

12 RUNNING THENCE northerly along the westerly side of Fifth Avenue Plaza, 200 feet 10 inches to the corner formed by the intersection of the southerly side of West 59th Street with the said westerly side of Fifth Avenue Plaza; THENCE westerly along the southerly side of West 59th Street, 250 feet; THENCE southerly parallel with Fifth Avenue Plaza, 100 feet 5 inches to the center line of the block: THENCE westerly parallel with West 59th Street and along said center line, 35 feet; THENCE southerly parallel with Fifth Avenue Plaza, 100 feet 5 inches to the northerly side of West 58th Street; THENCE Easterly along the northerly side of West 58th Street, 285 feet to the first mentioned corner, the point or place of BEGINNING. TOGETHER WITH the benefit of those certain easements contained in Paragraph 2 of that certain Restatement Declaration of Easements, Covenants and Restrictions made by CPS 1 Realty LP dated March 10, 2006 and recorded on March 22, 2006 under CRFN , as amended by Amendment and Restatement of Declaration of Easements, Covenants and Restrictions, dated as of June 21, 2012 and recorded June 29, 2012 as CRFN TOGETHER WITH the benefit of the easement for light and air contained in the Light and Air Easement made by CPS 1 Realty LP, dated as of April 7, 2005 recorded May 26, 2005 as CRFN TOGETHER WITH the following non-exclusive easements and/or rights of access contained in the Declaration of Condominium and By-Laws dated as of March 13, 2006 and recorded March 23, 2006 as CRFN , as amended by Amended and Restated Declaration made by CPS 1 Realty LP, dated as of March 13, 2006 and recorded April 12, 2006 as CRFN , and by First Amendment to Amended and Restated Declaration, dated as of May 29, 2007 and recorded June 12, 2007 as CRFN as further amended by Second Amendment to Amended and Restated Declaration of Condominium dated as of August 12, 2013 and recorded October 1, 2013 in CRFN (amends bylaws) (collectively, Condominium". the "Declaration of Condominium"), subject, however, to the limitations and burdens contained in the Declaration of Condominium, as follows: a) the easement for operation and maintenance of common elements contained in Section 15.1 of the Declaration of Condominium; and b) the easements for the use of the terrace or courtyard contained in Section 15.2 of the Declaration of Condominium; and c) the easement for ingress and egress for each unit owner to the unit's Limited Common Elements contained in Section 15.3 of the Declaration of Condominium; and EU-DOC$ of 20

13 d) the easement for the benefit of the Transient Hotel Unit Owner to erect, use and operate, repair and replace roof telecom installations as defined and set forth in contained in Section of the Declaration of Condominium. Fifth Avenue Plaza is now known as Grand Army Plaza. 59th Street is now known as Central Park South. As to Parcel H - The Plaza Condominium, 768 Fifth Avenue, Unsold Units The Condominium Units in the building known as The Plaza Condominium and located at and known as and by street number 768 Fifth Avenue, designated and described as Units (See "Units" Schedule of Units Attached) (hereinafter collectively called the "Units") in the Declaration made by CPS 1 Realty LP under the Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New York), dated March 13, 2006 and recorded March 23, 2006 in the Office of the Register of The City of New York, County of New York as CRFN , by amended by that certain Amended and Restated Declaration dated as of March 13, 2006 and recorded April 12, 2006 as CRFN and further amended by First Amendment to Amended and Restated Declaration, dated as of May 29, 2007 and recorded June 12, 2007 as CRFN as further amended by Second Amendment to Amended and Restated Declaration of Condominium dated August 12, 2013 and recorded October 1, 2013 "Declaration" in CRFN (amends bylaws) (hereinafter collectively called the "Declaration") establishing a plan for Condominium ownership of said Building and the land upon which the "Property" same is erected (hereinafter sometimes collectively call the "Property") and also designated and described as Tax Lot Nos. (See Schedule of Units Attached) in Block 1274 of Section 5, Borough of Manhattan on the Tax Map of the Real Property Assessment Department of the City of New York and on the Floor Plans of said Building certified by Costas Kondylis & Partners LLP on March 2, 2006 and filed as Condominium Plan No and as Map No on March 23, 2006, as amended by Floor Plans of said Building certified by Costas, Kondylis 4 Partners LLP, as of May 29, 2007 and filed with the Real Property Assessment Bureau as Condominium Plan No A and recorded June 12, 2007 as CRFN in the aforesaid Register's Office. Together with an undivided (See Schedule of Units Attached) percent interest in the Common Elements (as such term is defined in the Declaration). The land upon which the Building containing the Unit is erected is described as follows: (FORMER LOT 25): ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, County, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of West 58th Street with the westerly side of Fifth Avenue Plaza 13 of 20

14 I I RUNNING THENCE northerly along the westerly side of' of Fifth Avenue Plaza, 200 feet 10 inches to the corner formed by the intersection of the southerly side of West 59th Street with the said westerly side of Fifth Avenue Plaza; THENCE westerly along the southerly side of West 59th Street, 250 feet; THENCE southerly parallel with Fifth Avenue Plaza, 100 feet 5 inches to the center line of the block: THENCE westerly parallel with West 59th Street and along said center line, 35 feet; THENCE southerly parallel with Fifth Avenue Plaza, 100 feet 5 inches to the northerly side of West 58th Street; THENCE Easterly along the northerly side of West 58th Street, 285 feet to the first mentioned comer, the point or place of BEGINNING. TOGETHER WITH the benefit of those certain easements contained in Paragraph 2 of that certain Restatement Declaration of Essements, Covenants and Restrictions made by CPS 1 Realty LP dated March 10, 2006 and recorded on March 22, 2006 under CRFN , as amended by Amendment and Restatement of Declaration of Easements, Covenants and Restrictions, dated as of June 21, 2012 and recorded June 29, 2012 as CRFN TOGETHER WITH the benefit of the easement for light and air contained in the Light and Air Easement made by CPS 1 Realty LP, dated as of April 7, 2005 recorded May 26, 2005 as CRFN TOGETHER WITH the following non-exclusive easements and/or rights of access contained in the Declaration of Condominium and By-Laws dated as of March 13, 2006 and recorded March 23, 2006 as CRFN , as amended by Amended and Restated Declaration made by CPS 1 Realty LP, dated as of March 13, 2006 and recorded April 12, 2006 as CRFN , and by First Amendment to Amended and Restated Declaration, dated as of May 29, 2007 and recorded June 12, 2007 as CRFN as further amended by Second Amendment to Amended and Restated Declaration of Condominium dated as of August 12, 2013 and recorded October 1, 2013 in CRFN (amends bylaws) (collectively, Condominium" the "Declaration of Condominium"), subject, however, to the limitations and burdens contained in the Declaration of Condominium, as follows: a) the easement for operation and maintenance of common elements contained in Section 15.1 of the Declaration of Condominium; and b) the easements for the use of the terrace or courtyard contained in Section 15.2 of the Declaration of Condominium; and 14 of 20

15 I c) the easement for ingress and egress for each unit owner to the unit's Limited Common Elements contained in Section 15.3 of the Declaration of Condominium; and d) the easement for the benefit of the Transient Hotel Unit Owner to erect, use and operate, repair and replace roof telecom installations as defined and set forth in contained in Section of the Declaration of Condominium. Fifth Avenue Plaza is now known as Grand Army Plaza. 59th Street is now known as Central Park South. PERCENTAGE INTEREST HOTEL UNIT TAX LOT IN COMMON ELEMENTS % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % HOTEL PERCENTAGE INTEREST IN UNIT COMMON ELEMENTS 15 of 20

16 % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % HOTEL TWOT PERCENTAGE INTEREST IN COMMON ELEMENTS % 16 of 20

17 % % % % % % % % % % % % % % % % % % % % % % PH % PH % PH % PH % As to Parcel IH (The Plaza Condominium, 768 Fifth Avenue, Accessory Unit and Club Unit) The Condominium Units in the building known as The Plaza Condominium and located at and known as and by street number 768 Fifth Avenue, designated and described as the Accessory "Units" Unit and Club Unit (hereinafter collectively called the "Units") in the Declaration made by CPS 1 Realty LP under the Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New York), dated March 13, 2006 and recorded March 23, 2006 in the Office of the Register of The City of New York, County of New York as CRFN , by amended by that certain Amended and Restated Declaration dated as of March 13, 2006 and recorded April 12, 2006 as CRFN and further amended by First Amendment to Amended and Restated Declaration, dated as of May 29, 2007 and recorded June 12, 2007 as CRFN as further amended by Second Amendment to Amended and Restated Declaration of Condominium dated as of August 12, 2013 and recorded October 1, 2013 in ÇRFN (amends bylaws) (hereinafter collectively called the "Declaration" "Declaration") establishing a plan for Condominium ownership of said Building and the land "Property" upon which the same is erected (hereinafter sometimes collectively call the "Property") and also designated and described as Tax Lot Nos and 1302, respectively, in Block 1274 of Section 5, Borough of Manhattan on the Tax Map of the Real Property Assessment Department of the 17 of 20

18 City of New York and on the Floor Plans of said Building certified by Costas Kondylis & Partners LLP on March 2, 2006 and filed as Condominium Plan No and as Mao No on March 23, 2006, as amended by Floor Plans of said Building certified by Costas, Kondylis & Partners LLP, as of May 29, 2007 and filed with the Real Property Assessment Bureau as Condominium Plan No A and recorded June 12, 2007 as CRFN in the aforesaid Register's Office. Together with an undivided and percent interest, respectively, in the Common Elements (as such term is defined in the Declaration). The land upon which the Building containing the Unit is erected is described as follows: (FORMER LOT 25): ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough. of Manhattan, County, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of West 58th Street with the westerly side of Fifth Avenue Plaza RUNNING THENCE northerly along the westerly side of Fifth Avenue Plaza, 200 feet 10 inches to the corner formed by the intersection of the southerly side of West 59th Street with the said westerly side of Fifth Avenue Plaza; THENCE westerly along the southerly side of West 59th Street, 250 feet; THENCE southerly parallel with Fifth Avenue Plaza, 100 feet 5 inches to the center line of the block: THENCE westerly parallel with West 59th Street and along said center line, 35 feet; THENCE southerly parallel with Fifth Avenue Plaza, 100 feet 5 inches to the northerly side of West 58th Street; THENCE Easterly along the northerly side of West 58th Street, 285 feet to the first mentioned corner, the point or place of BEGINNING. TOGETHER WITH the benefit of those certain easements contained in Paragraph 2 of that certain Restatement Declaration of Essements, Covenants and Restrictions made by CPS 1 Realty LP dated March 10, 2006 and recorded on March 22, 2006 under CRFN , as amended by Amendment and Restatement of Declaration of Easements, Covenants and Restrictions, dated as of June 21, 2012 and recorded June 29, 2012 as CRFN TOGETHER WITH the benefit of the easement for light and air contained in the Light and Air Easement made by CPS 1 Realty LP, dated as of April 7, 2005 recorded May 26, 2005 as CRFN of 20

19 TOGETHER WITH the following non-exclusive easements and/or rights of access contained in the Declaration of Condominium and By-Laws dated as of March 13, 2006 and recorded March 23, 2006 as CRFN , as amended by Amended and Restated Declaration made by CPS 1 Realty LP, dated as of March 13, 2006 and recorded April 12, 2006 as CRFN , and by First Amendment to Amended and Restated Declaration, dated as of May 29, 2007 and recorded June 12, 2007 as CRFN as further amended by Second Amendment to Amended and Restated Declaration of Condominium dated as of August 12, 2013 and recorded October 1, 2013 in CRFN (amends bylaws) (collectively, Condominium" the "Declaration of Condominium"), subject, however, to the limitations and burdens contained in the Declaration of Condominium, as follows: a) the easement for operation and maintenance of common elements contained in Section 15.1 of the Declaration of Condominium; and b) the easements for the use of the terrace or courtyard contained in Section 15.2 of the Declaration of Condominium; and c) the easement for ingress and egress for each unit owner to the unit's Limited Common Elements contained in Section 15.3 of the Declaration of Condominium; and d) the easement for the benefit of the Transient Hotel Unit Owner to erect, use and operate, repair and replace roof telecom installations as defined and set forth in contained in Section of the Declaration of Condominium. Fifth Avenue Plaza is now known as Grand Army Plaza. 59th Street is now known as Central Park South. 19 of 20

20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK United Capital Real Estate Development Corp. - against - Plaintiff, Sahara US Corporation, Sahara Plaza LLC., Sahara Dreams LLC., and Subrata Roy. Defendants. 0 Of enbency The properties affected by the within instrument lies in Block 1274, Lots 25 on the land map of the County of New York. The Plaza Hotel at 768 Fifth Avenue, New York, NY Attorney for Plaintiff Office and Post ice Address \ O 0 John P. aio, Es 75 Maiden L e, Suite 205 New York, Y Tel: (212) Fax: (646) of 20