Special Servicer Acknowledgment and Assumption May 10, 2023
Special Servicer Acknowledgment and Assumption
May 10, 2023
To the Parties Set Forth on Schedule I, attached hereto
Re: Special Servicer Acknowledgment and Assumption: Pooling and Servicing Agreement dated as of June 1, 2021 for the Benchmark 2021-B27 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2021-B27
Dear Sir or Madam:
Reference is made to the (i) Pooling and Servicing Agreement, dated as of June 1, 2021, among Citigroup Commercial Mortgage Securities Inc., as Depositor, Midland Loan Services, a Division of PNC Bank, National Association, as Master Servicer and as Special Servicer, Park Bridge Lender Services LLC, as Operating Advisor and as Asset Representations Reviewer, Citibank, N.A., as Certificate Administrator, and Wilmington Trust, National Association, as Trustee (the “PSA”) and (ii) the Co-Lender Agreement, dated as of June 8, 2021, by and between JPMorgan Chase Bank, National Association, in its capacities as Initial Note A-1 Holder and Initial Note A-2 Holder, relating to the Colonnade Corporate Center Mortgage Loan; the Co-Lender Agreement, dated as of June 9, 2021, by and between Citi Real Estate Funding Inc., in its capacities as Initial Note A-1 Holder and Initial Note A-2 Holder, relating to the 4500 Academy Road Distribution Center Mortgage Loan; the Co-Lender Agreement, dated as of February 21, 2020, by and between Citi Real Estate Funding Inc., in its capacities as Initial Note A-1 Holder and Initial Note A-2 Holder, relating to the Alabama Hilton Portfolio Mortgage Loan (together, the “Co-Lender Agreements”). Capitalized terms used herein but undefined have the meanings given to them in the PSA and Co-Lender Agreements.
Pursuant to Sections 3.21, 6.08(a) and 7.02 of the PSA and Section 7 of the Co-Lender Agreements, K-Star Asset Management LLC (“K-Star”) hereby agrees with all the other parties to the PSA that K-Star shall serve as the Special Servicer under, and as defined in the PSA with regard to the Serviced Loans. K-Star hereby acknowledges and agrees that, as of May 10, 2023 (the “Effective Date”), it is and shall be a party to the PSA and bound thereby to the full extent indicated therein in the capacity of the Special Servicer with respect to the Serviced Loans, but shall have no liability with respect to any act or omission of any predecessor Special Servicer. K-Star hereby accepts all responsibilities, duties and liabilities of the Special Servicer and assumes the due and punctual performance and observance of each covenant and condition to be performed or observed by the Special Servicer under the PSA from and after the Effective Date. X-Xxxx’s address for notices pursuant to Section 13.05 of the PSA is as follows:
K-Star Asset Management LLC
0000 Xxxxxx Xxxx, Xxxxx 000
Dallas, Texas 75225
Attention: Xxxxxxx Xxxxxx
Email: Xxxxxxx.Xxxxxx@XXX.xxx
BUSINESS.30087889.3
As of the Effective Date, K-Star hereby:
(a) makes the representations and warranties provided for in Section 2.06 of the PSA mutatis mutandis with all references to “Agreement” in Section 2.06 of the PSA to include this Special Servicer Acknowledgment and Assumption (“Acknowledgment”) in addition to the PSA, except that it (i) is a Delaware limited liability company, and (ii) has executed this Acknowledgment in lieu of execution and delivery of the PSA per Section 2.06(b)(ii); and
(b) certifies that it satisfies all related qualifications set forth in the Co-Lender Agreement(s) relating to the Serviced Companion Loans; and
(c) represents and warrants that, as of the Effective Date, it satisfies all of the eligibility requirements applicable to the Special Servicer set forth in the PSA and that all preconditions to the appointment of K-Star as Special Servicer have been satisfied.
For the sake of clarity, it is understood and agreed that the Non-Serviced Mortgage Loans are not covered by this Acknowledgment and Assumption as such Non-Serviced Mortgage Loans are not serviced under the PSA and accordingly special servicing of those Non-Serviced Mortgage Loans is not transferring to K-Star.
[SIGNATURE PAGE FOLLOWS]
BUSINESS.30087889.3
K-STAR ASSET MANAGEMENT LLC, a Delaware limited liability company
By: /s/ Xxxxxxx Xxxxxx
Name: Xxxxxxx Xxxxxx
Title: President and Chief Executive Officer
[Signature Page to BMARK 2021-B27 Acknowledgment and Assumption Agreement]
BUSINESS.30087889.3
Schedule I
Depositor:
Citigroup Commercial Mortgage Securities Inc.
000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx
New York, New York 10013
Attention: Xxxxxxx Xxxxxxx
Fax number: (000) 000 0000
with a copy to:
Citigroup Commercial Mortgage Securities Inc.
000 Xxxxxxxxx Xxxxxx, 0xx Floor
New York, New York 10013
Attention: Xxxx Xxxxxx
Fax number: (000) 000 0000
with a copy to:
Citigroup Commercial Mortgage Securities Inc.
000 Xxxxxxxxx Xxxxxx, 00xx Floor
New York, New York 10013
Attention: Xxxx X. X’Xxxxxx
Fax number: (000) 000 0000
with electronic copies e-mailed to:
Xxxxxxx Xxxxxxx at xxxxxxx.xxxxxxx@xxxx.xxx and
Xxxx X. X’Xxxxxx at xxxx.x.xxxxxxx@xxxx.xxx
Master Servicer and Special Servicer:
Midland Loan Services, a Division of PNC Bank, National Association,
00000 Xxxxxx Xxxxxx, Xxxxx 000
Overland Park, Kansas 66210
Attention: Executive Vice President – Division Head
Fax number: 0-000-000-0000
with a copy to: XxxxxxXxxxx@xxxxxxxxx.xxx
Xxxxxxx LLP
0000 Xxxxxx Xxxxxx, Xxxxx 0000
Kansas City, Missouri 64106-2150
Attention: Xxxxx X. Xxxxx
Fax number: (000) 000-0000
Certificate Administrator:
Citibank, N.A.
000 Xxxxxxxxx Xxxxxx
New York, New York 10013
Attention: Citibank Agency & Trust Benchmark 2021-B27
Fax number: (000) 000 0000
and with respect to e mail pursuant to this Agreement, at xxxxxxxxxxxxxxxxxx@xxxx.xxx
BUSINESS.30087889.3
Trustee:
Wilmington Trust, National Association
0000 Xxxxx Xxxxxx Xxxxxx
Wilmington, Delaware 19890
Fax number: (000) 000 0000
Email: xxxxxxxxxxx@xxxxxxxxxxxxxxx.xxx
Operating Advisor and Asset Representations Reviewer:
Park Bridge Lender Services LLC
000 Xxxxx Xxxxxx, 00xx Floor
New York, New York 10016
Attention: Benchmark 2021-B27— Surveillance Manager
with copies sent contemporaneously via email to xxxx.xxxxxxx@xxxxxxxxxxxxxxxxxxx.xxx
BMARK 2021-B28 – Other Depositor
X.X. Xxxxxx Xxxxx Commercial Mortgage Securities Corp.
000 Xxxxxxx Xxxxxx, 0xx Xxxxx
New York, New York 10179
Attention: Xxxxx X. Xxxxx
E-mail: XX_XXXX_Xxxxxx@xxxxxxxx.xxx
with a copy to:
X.X. Xxxxxx Xxxxx Commercial Mortgage Securities Corp.
0 Xxx Xxxx Xxxxx, Xxxxx 00
Xxx Xxxx, Xxx Xxxx 00000-0000
Attention: SPG Legal
E-mail: XX_XXXX_Xxxxxx@xxxxxxxx.xxx
BMARK 2021-B28 – Other Certificate Administrator and Other Trustee
Xxxxx Fargo Bank, National Association,
c/o Computershare Trust Company, National Association, as Agent
0000 Xxx Xxxxxxxxx Xxxx
Columbia, Maryland 21045-1951
Attention: Corporate Trust Services (CMBS)
Benchmark 2021-B28 Mortgage Trust
with a copy to:
Telecopy Number: (000) 000-0000
E-Mail: xxx.xxxx.xxxx.xxxxx@xxxxxxxxxx.xxx, and to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx
BUSINESS.30087889.3
BMARK 2021- B28 – Other Master Servicer
Midland Loan Services, a Division of PNC Bank, National Association,
00000 Xxxxxx Xxxxxx, Xxxxx 000
Building 00, Xxxxx 000
Overland Park, Kansas 66210
Attention: Executive Vice President – Division Head,
Fax number: 0-000-000-0000
Email: XxxxxxXxxxx@xxxxxxxxx.xxx
with a copy to:
Xxxxxxx LLP
0000 Xxxxxx Xxxxxx
Suite 2900
Kansas City, Missouri 00000-0000
Fax Number: (000) 000-0000
Attention: Xxxxx X. Xxxxx
Email: xxxxx.xxxxx@xxxxxxx.xxx
BMARK 2020-B17 – Other Depositor
X.X. Xxxxxx Xxxxx Commercial Mortgage Securities Corp.
000 Xxxxxxx Xxxxxx, 0xx Xxxxx
New York, New York 10179
Attention: Xxxxx X. Xxxxx
E-mail: XX_XXXX_Xxxxxx@xxxxxxxx.xxx
with a copy to:
X.X. Xxxxxx Xxxxx Commercial Mortgage Securities Corp.
0 Xxx Xxxx Xxxxx, Xxxxx 00
Xxx Xxxx, Xxx Xxxx 00000-0000
Attention: SPG Legal
E-mail: XX_XXXX_Xxxxxx@xxxxxxxx.xxx
BMARK 2020-B17 – Other Certificate Administrator and Other Trustee
Xxxxx Fargo Bank, National Association,
c/o Computershare Trust Company, National Association, as Agent
0000 Xxx Xxxxxxxxx Xxxx
Columbia, Maryland 21045-1951
Attention: Corporate Trust Services (CMBS)
Benchmark 2020-B17 Mortgage Trust
with a copy to:
Telecopy Number: (000) 000-0000
E-Mail: xxx.xxxx.xxxx.xxxxx@xxxxxxxxxx.xxx, and to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx
BUSINESS.30087889.3
BMARK 2020- B17 – Other Master Servicer
Midland Loan Services, a Division of PNC Bank, National Association,
00000 Xxxxxx Xxxxxx, Xxxxx 000
Building 00, Xxxxx 000
Overland Park, Kansas 66210
Attention: Executive Vice President – Division Head,
Fax number: 0-000-000-0000
Email: XxxxxxXxxxx@xxxxxxxxx.xxx
with a copy to:
Xxxxxxx LLP
0000 Xxxxxx Xxxxxx
Suite 2900
Kansas City, Missouri 00000-0000
Fax Number: (000) 000-0000
Attention: Xxxxx X. Xxxxx
Email: xxxxx.xxxxx@xxxxxxx.xxx
BUSINESS.30087889.3
