Keywords:
NOTICE OF RESCHEDULED UNIFORM COMMERCIAL CODE FORECLOSURE SALE
PLEASE TAKE NOTICE that, in accordance with applicable provisions of the Uniform Commercial Code as enacted in
the State of New York, by virtue of Common Member Event(s) of Default under that certain Limited Liability Company
Agreement of Nied Member, LLC, a Delaware limited liability company (“Company”), dated as of March 1, 2023 (the
“Company Operating Agreement”), between Nied Ownership LLC, a Delaware limited liability company (“Debtor”),
as Common Member, and PCRED II HOLDING XVIII, a Delaware limited liability company (“Original Secured Party”) as
Preferred Investor, ACRE CFPORTFOLIO LLC, a Delaware limited liability company (“Secured Party”), the current Preferred
Investor, will offer for sale at public auction all of the Debtor’s right, title and interest in and to the Common Member
interests of Company, and all other rights and privileges of any type or nature now existing or hereafter acquired by Debtor
in respect of such Common Member interests, as described more fully in the Terms of Public Sale, collectively, the “Collateral”.
The public sale (the “Sale”) will take place at 11 A.M. Eastern Time on September 18, 2026, both in person from
the offices of Proskauer Rose LLP, Eleven Times Square, 28th Floor, New York, New York 10036, and virtually via Zoom at the
following link: https://bit.ly/NiedUCC (URL is case sensitive). Password to be provided to bidders that qualify and certify as
“Accredited Investors” (“Qualified Buyers”). The Sale, originally scheduled for May 8, 2026, was rescheduled for September
18, 2026 as a result of the Debtor’s previous filing for bankruptcy, which was dismissed on September 8, 2026.
Secured Party’s understanding is that:
(i) The principal asset of Debtor is its limited liability company interests in Company, as the Common Member of
Company.
(ii) The principal assets of Company are its limited liability company interests in 12 entities (each a “Subsidiary”, and
collectively, the “Subsidiaries”).
(iii) The principal asset of each Subsidiary is its direct and indirect ownership interest(s) in various entities, including its
indirect ownership interest in 12 entities (“Property Owners”) that own and/or operate real property located throughout
Florida (the “Properties”).
(iv) Seven Properties are multifamily housing, one Property is senior housing, one Property is student housing and three
Properties are undeveloped land.
(v) Ten of the 12 Properties are subject to senior mortgage loans.
(vi) Certain Subsidiaries, and therefore Company, indirectly own less than 100% of 9 Property Owners.
The following table shows each Subsidiary’s, and therefore Company’s, indirect ownership percentage in each Property