NOTICE OF SECURED PARTY SALE
PLEASE TAKE NOTICE that pursuant to the New York Uniform Commercial Code and the Pledge and Security Agreement between Meir Spitzer, as “Pledgor,” and Capital Stack Fund 2, LLC, as “Secured Party,” Kessler Law, LLC, as attorneys for Lender, shall on January 12, 2026 at 1:00 PM in the Lobby of the Westchester County Courthouse located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601, expose for sale at public auction the following: The 100% membership interest (the “Collateral”) of Pledgor in 667 NEPPERHAN AVE LLC (“Issuer”) pledged to Secured Party in connection with a loan in the principal amount of $950,000.00 dated October 30, 2023. Issuer is the owner of the following real property: 663 Nepperhan Avenue, Yonkers, New York. The foregoing arises by virtue of a default under a Mortgage Note in the principal sum of $950,000.00 made by Issuer to Secured Party.
The Collateral may be redeemed by Pledgor up to the time of sale by payment in certified funds to the attorneys for the Secured Party of all amounts then due and owing which approximates $1,011,133.30 as of November 13, 2025, plus attorneys’ fees and costs in the approximate amount of $4,500.00. Amounts due under the Mortgage Note shall continue to accrue through the date of the sale. If redemption does not occur the sale will move forward to satisfy the indebtedness in whole or in part. The Secured Party reserves the right to bid at sale, shall not be required to post a deposit, and may credit against the purchase price bid all amounts due it. Secured party reserves the right to cancel the sale in its entirety or to adjourn the sale to a future date.
The purchase price for the Collateral shall be payable by certified or bank check in full at the time of the sale, made payable to Kessler Law, LLC Attorney Trust Account. Cash will not be accepted. The sale shall be conducted pursuant to all of the terms and conditions set forth in the Terms of Sale. No bid shall be accepted with any contingency of any nature. Should the successful bidder fail to so deliver the purchase price by certified or bank check made payable to the Kessler Law, LLC Attorney Trust Account, the Secured Party reserves the right, in its sole discretion, to resell the Collateral, and any loss arising from such re-sale shall be the responsibility of the defaulting successful bidder. The sale may be subject to such further conditions and provisions as may be announced at the start of the sale. Seller makes no warranty or representation in connection with the sale, except that it has a security interest in the Collateral and that the transfer is made free and clear of its security interest. The Collateral shall be sold “as is,” “where is,” “with all faults,” without recourse and subject to prior liens. The warranties of merchantability and fitness are expressly disclaimed. Seller makes no representation as to the value of the Collateral or the assets of the Issuer and the sale is subject to superior liens, if any. Secured Party disclaims any and all warranties under UCC §9-610(d) as allowed under UCC §9-610(e). The real estate owned by Issuer is sold strictly AS IS and possession to be obtained by the purchaser. Upon execution of a standard confidentiality and non-disclosure agreement, additional documentation and information will be available prior to the sale.
Please direct all inquiries with respect to the Collateral to:
KESSLER LAW, LLC
Attn: Adam S. Kessler, Esq.
354 Eisenhower Parkway
Plaza I, Suite 2250
Livingston, New Jersey 07039
(973) 773-1200 akessler@kesslerlaw.com
Attorneys for Capital Stack Fund 2, LLC
11849298