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Corporate Trust Services
9062 Old Annapolis Road,
Columbia, MD 21045-1951
MAC: N2702-011
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NOTIFICATION OF PUBLIC DISPOSITION OF COLLATERAL
July 6, 2012
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To:
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BFC Genesee CDO Ltd.
c/o Walkers SPV Limited
Walker House
87 Mary Street
George Town, Grand Cayman KY1-9002
Cayman Islands
Attention: The Directors
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BFC Genesee CDO (Delaware) Corp.
c/o Puglisi & Associates
850 Library Avenue, Suite 204
Newark, Delaware 19711
Attention: Donald Puglisi
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From:
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Wells Fargo Bank, National Association
9062 Old Annapolis Road
Columbia, Maryland 21045
Attention: CDO Trust Services - Nicole Burke and Dan Cohen
Facsimile No.: 866-373-0261
Phone No.: (410) 884-2198 & (443) 367-3925
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Name of Debtors: BFC Genesee CDO Ltd., as Issuer (the "Issuer")
BFC Genesee CDO (Delaware) Corp., as Co-Issuer
(the "Co-Issuer")
We will sell the property described on Exhibit A attached hereto (the "Collateral") to the highest qualified bidder or bidders in two public sales as set forth below (the "Sales"). The Trustee has retained Dock Street Capital Management LLC ("DSCM") to act as its liquidation agent for the Collateral. To request more information from DSCM about the Sales or the Collateral, including how to participate in the Sales, contact David Crowle or Jeffrey Holtman by e-mail at dcrowle@dockstreetcap.com or jholtman@dockstreetcap.com, respectively by phone at (212) 457-8258, by facsimile at (212) 457-8269 or by mail addressed to 575-B Riverside Avenue, Westport, Connecticut 06880.
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DAY AND DATE
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TIME
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Public Sale No. 1
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Thursday, July 19, 2012
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10:00 a.m. EDT
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Public Sale No. 2
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Thursday, July 19, 2012
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2:00 p.m. EDT
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PLACE
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The Sales will be held at 575-B Riverside Avenue, Westport, CT 06880.
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You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell. You may request an accounting by contacting Nicole Burke by phone at (410) 884-2198 or by e-mail at Nicole.C.Burke@wellsfargo.com or Dan Cohen by phone at (443) 367-3925 or by email at daniel.cohen@wellsfargo.com with questions.
Nothing herein is intended to, or shall, waive any term or provision of that certain Indenture among the Issuer, the Co-Issuer and Wells Fargo Bank, National Association, as trustee and securities intermediary (the "Trustee") dated as of February 28, 2006 (as amended, modified or supplemented from time to time, the "Indenture") or any rights of the Trustee thereunder, all of which are hereby fully reserved.
WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee
cc:
Holders of Notes and Preferred Shares:*
05539MAA8, 05539MAB6, 05539MAD2, 05539MAE0, 05539H200, 05539MAC4
05539H309, G1088CAB5, G1088CAC3, G1088CAD1
Rating Agencies:
Moody's Investors Service, Inc.
7 World Trade Center
250 Greenwich Street
New York, New York 10007
Attention: CBO/CLO Monitoring
Facsimile No.: (212) 553-0355
E-mail: cdomonitoring@moodys.com
Standard & Poor's
55 Water Street, 41st Floor
New York, New York 10041-0003
Facsimile No.: (212) 438-2664
Attention: Structured Finance Ratings
Asset-Backed Securities CBO/CLO Surveillance
E-mail: CDO_Surveillance@standardandpoors.com
Paying and Transfer Agent:
Wells Fargo Bank, National Association
9062 Old Annapolis Road
Columbia, Maryland 21045
Attention: CDO Trust Services - BFC Genesee CDO Ltd.
Collateral Manager:
Braddock Financial Corporation
Tabor Center
1200 17th Street, Suite 880
Denver, Colorado 80202
Attention: Matt Talkington
Issuer:
BFC Genesee CDO Ltd.
c/o Walkers SPV Limited
Walkers House
87 Mary Street
George Town, Grand Cayman KY1-9002
Cayman Islands
Attention: The Directors
Co-Issuer:
BFC Genesee CDO (Delaware) Corp.
c/o Puglisi & Associates
850 Library Avenue, Suite 204
Newark, Delaware 19711
Attention: Donald Puglisi
Cap Provider:
AIG Financial Products Corp.
50 Danbury Road
Wilton, Connecticut 06897-4444
Attention: Chief Financial Officer
Synthetic Security Counterparty:
JPMorgan Chase Bank, National Association (successor to Bear, Stearns International Limited)
245 Park Avenue
New York, New York 10017-2507
Attention: Raymond Richards
Irish Stock Exchange:
The Company Announcements Office
The Irish Stock Exchange
28 Anglesea Street
Dublin 2 Ireland
Facsimile No.: + 353 1 677 6045
E-mail (in Microsoft Word format): announcements@ise.ie
Irish Listing Agent:
Grant Thornton
24-26 City Quay
Dublin 2, Ireland