11.

Commitments and Contingencies

The Liquidating Trust has future funding commitments attributable to its 701 Seventh Avenue investment which total approximately $2,920,000 at December 31, 2017, $1,667,000 of which was funded on March 2, 2018. The Liquidating Trust’s venture which owns the property located at 450 W 14^th Street, New York, New York is subject to a ground lease which expires on June 1, 2053. As of December 31, 2017, in connection with the ground lease, the venture has commitments of $1,791,000; $1,844,000; $1,900,000; $1,957,000, $2,015,000 and $99,912,000 for the years ending December 31, 2018, 2019, 2020, 2021, 2022 and thereafter, respectively. The Liquidating Trust’s venture which owns the property referred to as Atrium Mall in Chicago, Illinois is subject to a master lease with the State of Illinois which expires on September 19, 2034. As of December 31, 2017, in connection with the master lease, the venture has commitments of $440,000 for each of the years ending December 31, 2018, 2019, 2020, 2021 and 2022 and aggregate commitments of $5,167,000 thereafter.

The Liquidating Trust is involved from time to time in litigation on various matters, including disputes with tenants and disputes arising out of agreements to purchase or sell properties. Given the nature of the Liquidating Trust’s business activities, these lawsuits are considered routine to the conduct of its business. The result of any particular lawsuit cannot be predicted because of the very nature of litigation, the litigation process and its adversarial nature, and the jury system. The Liquidating Trust does not expect that the liabilities, if any, that may ultimately result from such legal actions will have a material adverse effect on its financial condition or results of operations.

See Note 12 – Related-Party Transactions for details on potential fees payable to FUR Advisors.

Churchill, Pennsylvania – In 2011 Winthrop was conveyed title to the land underlying the Churchill, Pennsylvania property. Prior to the conveyance of the land, a Phase II environmental study was performed. The study found that there were certain contaminants at the property all of which were within permitted ranges. In addition, given the nature and use of the property currently and in the past as a laboratory that analyzes components and machinery that were utilized at nuclear power plants, it is possible that there may be contamination that could require remediation.