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SUBPOENA DUCES TECUM AD TESTIFICANDUM

TO: LNR Partners, LLC


LNR Partners, Inc.
Att: Larry Golinsky, Vice President

Milbank Real Estate


Att: Aaron Yashouafar
Att: Solyman Yashouafar

Consolato Ciccui, Receiver

YOU ARE HEREBY COMMANDED to appear and attend and testify, in person or by designee,
before Deborah Rand, RuthAnne Visnauskas, and Vito Mustaciuolo, who have been designated
by Rafael E. Cestero, Commissioner of the New York City Department of Housing Preservation
and Development, to act as a Hearing Board pursuant to Housing Maintenance Code §27-2092
in all matters concerning the ownership, management and maintenance of the properties listed
in Schedule A, at 100 Gold Street, Room 6-01, on the 11th day of January 2011 at 10:00 a.m.
or any agreed upon adjourned date thereof, and to bring with you all books papers, records and
documents requested in Schedule B.

PLEASE TAKE NOTICE that the Commissioner deems seeking the information
requested herein to be in the public interest, within the powers, duties and responsibilities
mandated by the Housing Maintenance Code of the City of New York, and relevant and material
to the investigation into the ownership, management and maintenance of the properties listed in
Schedule A.

PLEASE TAKE NOTICE that your failure to appear and produce the books, papers,
records and documents requested in Schedule B to this subpoena on the date, time, and place
stated above, or at an agreed upon adjourned date or time, may subject you to an enforcement
proceeding to compel compliance.

Dated: New York, New York

December 9, 2010

__________________________
Vito Mustaciuolo
Hearing Board Member
SCHEDULE A

List of Properties

ADDRESS BLOCK LOT BOROUGH

2505 Aqueduct 03214 0066 Bronx


Avenue West
2264 Grand 03196 0056 Bronx
Avenue
3018 Heath 03256 0176 Bronx
Avenue
3215 Holland 04597 0031 Bronx
Avenue
2770 03253 0091 Bronx
Knightsbridge
Terrace
686 Rosewood 04595 0026 Bronx
Street
2785 Sedgwick 03253 0047 Bronx
Avenue
1576 Taylor 03925 0028 Bronx
Avenue
2500 University 03213 0058 Bronx
Avenue
75 West 03214 0001 Bronx
190th Street
SCHEDULE B
Documents to be Produced

1. Documents prepared or received containing information regarding (i) income and operating
expenses including, but not limited to, monthly expense reports, and (ii) the commencement,
performance, completion, or cost of repairs with respect to the Properties listed in Schedule
A (“Properties”);

2. Copies of rent rolls for each month since the date of appointment of the receiver for the
Properties;

3. A statement regarding whether any revenue or other funds not indicated on the rent rolls for
the Properties has been received by a receiver or any other entity, and the sources,
amounts, and uses of any such monies;

4. A statement regarding who currently pays real property taxes, water and sewer charges,
and emergency repair bills for the Properties;

5. Copies of all communications (including, but not limited to, letters, memoranda, faxes, e-
mails, or any other form of written or electronic correspondence) to, from, or among any
representative or affiliate of LNR Partners, Inc., COMM 2006-C8 Taylor Avenue, LLC, Wells
Fargo, COMM 2006-C8 Commercial Mortgage Pass Through Certificates, the receiver
appointed for the Properties, or any other party holding any ownership or mortgage interest
in any of the Properties;

6. Documents sufficient to specify the nature, extent and duration of any ownership, financial,
management, contractual or otherwise beneficial interest of any group, person or entity in
the Properties, including the full legal name, principal office address, date of formation,
place of formation, and form of organization, including but not limited to deed owners, their
parent organizations, if any, and all subsidiaries or affiliates;

7. Documents sufficient to provide the following information relating to the Properties: names of
current mortgage holders, initial mortgage amount, current mortgage amount, and mortgage
arrears;

8. Documents evidencing, reflecting or referring to managerial procedures and means utilized


to record and track the intake, processing, and disposition of tenant complaints, Department
of Housing Preservation and Development of the City of New York (DHPD) Notices of
Violation, and existing DHPD violations of record;

9. Documents that relate to any lawsuit (whether a criminal action, civil action, or regulatory
action) or other complaint with regard to the Properties since the appointment of the receiver
and that includes any allegation or questions regarding any of the following: harassment,
inadequate property conditions, failure to provide required property services, failure to
submit or file a required form with the City, State, or Federal government or its subdivisions
and agencies, negligence or recklessness;
10. Documents regarding the maintenance, operation, improvement and management of the
Properties, including, but not limited to journals, ledgers, accounts, check books, cancelled
vouchers, contracts, correspondence, stock books and minute books;

11. Copies of the certified annual financial reports for the Properties;

12. Documents evidencing the establishment of reserve funds for the Properties including
statements indicating all amounts deposited in and withdrawn from such reserve funds and
the purpose of any such withdrawal;

13. Copies of any engineering reports, appraisal reports and any reports regarding the condition
of the Properties, repairs required for the Properties, or estimates of value of the Properties;

14. Copies of the Operating Statement Analysis Report for each of the Properties required
under section 3.13 of the Pooling and Servicing Agreement dated December 1, 2006
(“PSA”), copies of the inspection reports for each of the Properties required under section
3.19 of the PSA, and copies of the Asset Status Report for each of the Properties required
under section 3.26 of the PSA; and

15. Documents indicating any amounts to be set aside for repairs of the Properties included in
any proposals for sale or assignment of the note for the Properties.
SCHEDULE C

Instructions and Definitions

Instructions

1. Affidavit of Compliance. Submit an affidavit of compliance, stating:


a. The name, address, telephone number, and title of the Person or Persons who
made the search of Your files for the documents called for in the subpoena, and
the location of the files searched;
b. That a complete and comprehensive search was made for the documents called
for in the subpoena
c. That all documents which are responsive to the subpoena, except those that You
claim are privileged, are included in Your production.
d. That the documents submitted are authentic and genuine; and
e. Which documents are being produced under each paragraph and for which
paragraphs no documents were produced
2. Grouping and Numbering of Documents for Submission. You are to separate the
documents to be produced according to the particular paragraph of Schedule B
("Documents to be Produced") to which each document produced pursuant to this
subpoena is responsive. When applicable, within each paragraph and subparagraph,
you are to separate the documents to be produced according to the list of Properties in
Schedule A. If a document is responsive to more than one paragraph, subparagraph or
Property, it is to be placed in the file folder of the first referenced paragraph,
subparagraph or Property to which it is responsive and for each subsequent reference to
which it is responsive, the file folder should refer to the existence of a responsive
document in the earlier file. Then, you are to initial and consecutively number the
documents in the lower right hand corner of each document (preferably marked in red or
dark blue so that copies can be distinguished from original numbered documents), and
mark each folder with the date of the subpoena and the paragraph of the subpoena
attachment to which the documents are responsive
3. Retention of Documents and Continuing Obligation to Produce Documents. All copies of
any Documents (1) responsive to the subpoena and not produced pursuant to an
agreement with Department of Housing Preservation and Development of the City of
New York (DHPD) or (2) otherwise concerning the subject matter of this subpoena and
not otherwise produced, shall be retained in Your files without alteration or modification
until written consent has been received from the DHPD permitting you to dispose of such
documents. The obligation to produce Documents responsive to this subpoena is a
continuing one, and accordingly, if at any time, You obtain knowledge or become aware
of documents in Your possession, custody, or control responsive to any paragraph of
this subpoena, You are to produce said Documents to DHPD within ten (10) days
following the date which such knowledge or awareness was first obtained.
4. Possession, Custody, and Control. The subpoena calls for all responsive Documents or
information in Your possession, custody or control. This instruction includes, without
limitation, Documents or information possessed or held by any of Your officers, directors,
employees, agents, representatives, or Persons from whom You could request
information, whether or not such information or Documents are on Your premises. If
Documents or information are responsive to the subpoena, but not in Your custody or
control, identify the person with possession or custody.
5. Non-Production of Documents. Where a claim of privilege is asserted in objecting to all
or any part of any Document requested or Documents are not produced responsive to
any paragraph in the subpoena, a statement in writing, under oath shall be submitted at
the date, time, and place of delivery of documents under the subpoena, or at the agreed
upon adjourned date or time. Such statement shall detail the nature and extent of the
privilege, information sufficient to identify the document, and the reasons why a non-
privileged responsive document has not been produced.
6. All documents that respond, in whole or part, to any portion of any document request
shall be produced in their entirety, including all attachments, enclosures, cover
memoranda and post-it notes.

Definitions

As used in this subpoena, the following terms have the following meaning:
1. “Documents” means the complete original or a true, correct and complete copy and any
non-identical copy, draft, compilation or summary of any handwritten, typewritten,
printed, computer generated, recorded or graphic matter, however stored, produced or
re-produced, and any mechanical, magnetic or electrical recording of any voice, sound,
image or data in Your possession, custody or control, wherever located. Such
Documents include, but are not be limited to, the following: certificates of incorporation,
audits, management reports, tax returns, stock certificates, stock pledge agreements,
deeds, real property transfer tax returns, franchise/syndication/partnership agreements,
mortgages and notes, service contracts, management contracts, financial statements
whether audited, compiled or otherwise prepared, management procedure documents,
work orders, superintendent logs, complaint logs, letters, correspondence etc.
2. “You”, “Your”, means (i) the person and entity to which this subpoena is addressed (ii)
that entities officers, directors, agents, contractors, employees, and attorneys (iii) any
current, predecessor or successor corporation, parent, subsidiary, division, partnership,
association, joint venture or affiliate (iv) any person acting on behalf of, or in the interest
of, the person or entity to which this subpoena is addressed and (v) any entity in which
the person or entity to which the subpoena is addressed was or is an officer, partner,
member, stockholder, or has or had any financial, contractual or beneficial interest.
3. “Relating to” means in whole or in part constituting, containing, concerning, discussing,
analyzing, identifying or stating.
4. “DHPD” means the City of New York Department of Housing Preservation and
Development.
5. "Documents sufficient to specify” means a document submission that provides a
complete, definite, and unambiguous response.
6. "Properties" means the parcels of real property and improvements thereon set forth in
Schedule A.