54 DUPONT STREET

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......................... 111 W. COUNSEL’S INCOME TAX OPINION .............................................................................. 119 X. RESERVE FUND ................................................................................................................... 125 Y. WORKING CAPITAL FUND ............................................................................................... 126 Z. IDENTITY OF PARTIES ....................................................................................................... 127 AA. REPORTS TO UNIT OWNERS ......................................................................................... 129 AB. DOCUMENTS ON FILE..................................................................................................... 130 AC. GENERAL ........................................................................................................................... 131 AD. SPONSOR’S STATEMENT OF BUILDING’S CONDITION ....................

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g apportionments). (g) Purchaser will be required to deposit with the Condominium Board two (2) months’ Common Charges for his Unit to be used as working capital. See Section “Working Capital Fund” for details. (h) At closing, the Sponsor will collect each purchaser’s pro -rated share in the first year’s insurance premium from the date of the closing until the end of the first year of condominium operation. This amount will be calculated in proportion to each purchaser’s common interest and will be used to reimburse the Sponsor for payment of the first year’s premium. Insurance

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ndment. See Section “Rights and Obligations of Condominium Board, Summary of By-Laws” for details. 15. No representation is made that the initial working capital fund will be adequate to cover current or future expenses, includ ing repairs or replacements, and if additional funds are required over and above the initial capital fund, it may be necessary for the Condominium Board to increase the charges. See Section “Working Capital Fund” for details. 16. All conflicts that may be resolved by arbitration pursuant to NYS law, between Unit owners and the Condominium Board, between Condominium Board Members, or between sponsor and the board, with respect to the Condominium, or to break any deadlock in voting in any matter, must be submitted to arbitration for resolution by a single arbitrator in a proceeding in Kings County

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for his own refuse removal and for keeping the common areas clear of all objects. See “Notes to Schedule B.” 39. Purchasers should note that the Reserve Fund may not be sufficient for needed capital improvements for the first five year of Condominium Operations and in the event any capital replacements are necessary, the board may impose a special assessment to cover the cost thereof. See Section “Reserve Fund” for further details. 40. The Purchaser will represent to Sponsor that he or she has not dealt with any broker other than the Selling Agent in connection with the acquisition of his or her Unit and will indemnify the Sponsor against the claims of any other broker, if such broker is not disclosed to the Sponsor at the time of the contract. If the purchaser has dealt with a broker other than the Selling Agent, a co-broker agreement will be executed, between the brokers. See Section “Procedure to Purchase” for further details. 41. Smoking, which includes carryin

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closing, each Purchaser shall deposit an Initial Capital Payment equal to two (2) months' estimated monthly common charges for the unit. See Section "Working Capital Fund." Note: At closing, each Purchaser shall pay an additional $5,500.00 to defray Sponsor's costs of forming the condominium. See Section "Unit Closing Costs and Adjustments." *Note: Purchasers are advised that cellar space, which shall include storages and equipment spaces for the building, may not be used for any residential uses including bedroom, dining room or any other use considered to be a habitable space as defined by the New York City Buildin g Code. Any use of the cellar as a living or sleeping space may result in a violation being issued against the Building and/or the impositi on of fines against the Building. Cellar space has less light and air than ordinary living space and is more susceptible to dampness. F. SCHEDULE A OFFERING PRICES AND RELATED INFORMATION THE 54 DUPONT STREET CONDOMINIUM 54 Dupont S

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ted. In addition, prospective purchasers will be required to pay at closing, among other things: (i) two (2) months’ common charges to be used as working capital; (ii) New York City and State transfer taxes; (iii) $ 5,500.00 to defray Sponsor’s costs of creating the condominium. See section entitled “Closing Costs and Adjustments” below.

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2,000.00 Legal Fees (8): $2,000.00 Building Phone Line (9): $900.00 Fire Alarming Monitoring (10): $1,800.00 Contingency (11): $2,000.00 Reserve Fund (12): $3,021.00 Total: $30,130.00 In the event that the actual or anticipated date of commencement of condominium operation differs from the budget year projected herein by more than six (6) months from the anticipated date of the closing of the first Unit, this plan will be amended to include a revised bu dget which will disclose new projection. If such new projections exceed the projections contained herein by twenty-five percent (25%) or more, the Sponsor will offer all purchasers the right for fifteen (15) days following the presentation of such amendment within which to rescind their offer to purchase and have their down payments refunded.

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nse. The funds for such modifications may be provided by decreasing this budget item or by decreasing one or more items of expense, or both. 12. Reserve Fund This item is to be used as a yearly reserve fund to be set aside and used for periodic major capital repairs or replacements, or necessary repairs of common elements. The basis of the figure projected for this item is approximately ten percent (10%) of the entire budget. At this time the Sponsor has no knowledge of any capital improvements that may have to be made during the first five years of condominium operation. IN THE OPINION OF STONE EDGE MANAGEMENT, 670 FLUSHING AVE NUE SUITE #313, BROOKLYN, NEW YORK 11206, A LICENSED REAL ESTATE MANAGER,

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ins. (viii) Purchaser will be required to deposit with the Condominium Board two (2) months estimated monthly common charges for his Unit for the Working Capital fund. (ix) Purchaser shall be obligated to pay a fee of (i) $3,000.00 to the law firm of Sponsor’s attorney for services rendered in connection with recording the Declaration of Condominium and the preparation of documents (ii) $450.00 for the preparation of the licensing documents, if the purchaser purchases a storage or roof terrace license (iii) $450.00 if the closing is held at any location other than Sponsor’s attorney’s offi ce at the request of the Purchaser; (iv) $450.00 if Purchaser applies for and closes with a mortgage; (v) $350.00 if e -forms for New York City Real Property Transfer Tax are prepared by Sponsor’s attorney; and (vi) $450.00 for each time the closing is rescheduled at the request of the Purchaser (for the costs to fix a new Closing Date and time, to coordinate the attendance of all per

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e level of Building services, amenities (if any) and facilities in accordance with, and as stated in, this Plan; and (c) the expenditures of the Working Capital Fund (which may be used for operating or working capital and to defray increases in common charges but may not be used to reduce common charges below the projected common charges in SCHEDULE B First Year’s Budget) as explained below. Sponsor Veto Control During only the Sponsor Veto Control Period (def ined below), the Condominium Board and the Unit Owners (as to any vote or action by them) must obtain Sponsor’s prior written Discretionary Approval or Consent to do any of the following (collectively. “Sponsor Veto Control”): (a) to raise Common Charges or levy a Special Assessment for any of the following purposes: (1) to make an Alteration to the Common Elements, the Association ’s Properties (including any Unit owned, leased or otherwise held or Operated by the Board, or its nominee or designee);

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erable from the Units except in accordance with the Real Property Law. M. Capital Reserves The Condominium Board has the power to accumulate reserve funds for capital replacements or other purposes in accordance with the Declaration and By -Laws, as set forth in Documents 6 and 7 in Part II of the Offering Plan. N. Arbitration In order to resolve any dispute, controversy, claim or question arising with respect to the Condominium, or to break any deadlock in voting, the parties shall submit such dispute or question to arbitration. The place of arbitration shall be Brooklyn, New York and New York State law shall apply. If the parties cannot agree on the arbitrators or if the arbitration procedure has not commenced for any other reason within ninety (90) days of the original notice, then such dispute or question shall be submitted to the American Arbitration Association, which will give any party the rights he is entitled to under New York law. The decision of th

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writing of the making of such mortgage and is to be given a copy thereof. Capital Reserves The Condominium Board has the power to accumulate reserve funds for capital replacements or other purposes to meet the needs of the Condominium in accordance with the Declaration and By-Laws, as set forth in Documents 6 and 7 in Part II of the Offering Plan. There are no restrictions on these powers. Common Charges: Assessment, Collection and Lien for Non-Payment

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xtent such income exceeds expenses properly allocable to such income. Examples of income which is not exempt function income are interest earned on reserve funds, amounts received from persons who are not members of the Association amounts received for work done on privately owned prop erty which is not Association property, and amounts received from members for special use of the Association's facilities, the use of which is not available to all members as a result of having paid the dues, fees, or assessments required to be paid by all members.

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125 X. RESERVE FUND A reserve fund will be established in the budget. The basis of the figure projected for this item is approximately ten percent (10%) of the entire budget. This fund shall be used as a reserve to pay for periodic capital replacements or repairs. At this tim e the Sponsor has no knowledge of any capital improvements that may have to be made during the first five years of condominium operation. In the event there is a need for major capital expenditures in excess of the funds available from the contingency a nd or reserve fund the Condominium Board will assess a charge to each Unit Owner in accordance with its percentage of common interest. While the Sponsor is in control of the Condominium Board, the reserve fund may not be used to reduce common charges. Neither the department of law nor any government agency passed upon the adequacy of the Reserve Fund.

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126 Y. WORKING CAPITAL FUND The Sponsor, as agent of the Condominium Board , will collect from each original purchaser at the time of the Closing an “Initial Capital Payment ” equal to two (2) months ’ estimated common charges for each Unit. The Sponsor will deliver the funds collected to the Condominium Board to provide the necessary working capital for the Condominium. Such funds may be used for certain prepaid items, organizational costs, and for such other purposes as the Condominium Board may determine and may be replenished as the Board sees fit. While th e Sponsor is in control of the Condominium Board, the Working Capital Fund shall not be used to reduce estimated Common Charges. NO REPRESENTATION IS MADE THAT THE INITIAL WORKING CAPITAL FUND WILL BE ADEQUATE TO COVER CURRENT OR FUTURE EXPENSES, INCLUDING REPAIRS OR REPLACEMENTS, AND IF ADDITIONAL FUNDS ARE REQUIRED OVER AND ABOVE THE INITIAL CAPITAL FUND, IT MAY BE NECESSARY FOR THE CONDOMINIUM BOARD TO INCRE

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(viii) Purchaser will be required to deposit with the Board of Managers two (2) months’ estimated monthly common charges for his unit to be used as working capital. (ix) Purchaser shall be obligated to pay a fee of (i) $3,000.00 to the law firm of Sponsor’s attorney for services rendered in connection with recording the Declaration of Condominium and the preparation of documents (ii) $450.00 for the preparation of the licensing documents, if the purchaser purchases a storage or roof terrace license (iii) $450.00 if the closing is held at any location other than Sponsor’s attorney’s office at the request of the Purchaser; (iv) $450.00 if Purchaser applies for and closes with a mortgage; (v) $350.00 if e -forms for New York City Real Property Transfer Tax are prepared by Purchase Price Mansion Tax Rate $2,000,000.00 to $2,999,999.99 .25% of the Purchase Price $3,000,000.00 to $4,999,999.99 .50% of the Purchase Price $5,000,000.00 to $9,999,999.99 1.25% of the Purchase Pric

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and any alteration, addition, or improvement to, the Common Elements; (ii) the establishment and/or maintenance of a general operating reserve or a reserve fund for working capital, for replacements with respect to the Common Elements, or to make up any deficit in the Common Charges for any prior year(s); (iii) the purchase, lease, or sublease by the Condominium Board or its designee, corporate or otherwise, on behalf of all Unit Owners, of any Unit whose owner has elected to sell, lease, transfer, or convey the same or that is to be sold at a foreclosure or other sale; and (iv) generally, the conduct of the affairs of the Condominium. 8. “Common Interest” shall mean the undivided percentage interest of each Unit in the Common

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r casualty, or as a result of condemnation or eminent domain proceedings, all in accordance with the terms of these By-Laws; (xii) to accumulate reserve funds for capital replacements or other purposes;

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he licenses. There will not be a monthly maintenance fee for the licensees, however, the Condominium Board may impose a monthly maintenance fee or Special Assessment to the licensees for the upkeep and maintenance of the licensed areas. See Sections “Introduction”, “Description of Property and Improvements” and “Schedule A-1.” 23. The balconies and terraces may n ot be used for any type of use that is classified as habitable space as defined by the New York City Building Code , such uses include but are not limited to using a Terrace as a living room, bedroom or kitchen. To do so may result in a violation against the building being issued by the Buildings Department. See “Notes to Schedule A.” 24. There will be lot line windows at the western exposure of the building, serving the bedroom of Unit 1A and the kitchens rooms of Units 2A, 2B and 3A. As per NYC BC Chapter 12 and the NYS Multiple Dwelling Law, lot line windows do not contribute to the mandatory light and a

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ital improvements for the first five year of Condominium Operations and in the event any capital replacements are necessary, the board may impose a special assessment to cover the cost thereof. See Section “Reserve Fund” for further details. 40. The Purchaser will represent to Sponsor that he or she has not dealt with any broker other than the Selling Agent in connection with the acquisition of his or her Unit and will indemnify the Sponsor against the claims of any other broker, if such broker is not disclosed to the Sponsor at the time of the contract. If the purchaser has dealt with a broker other than the Selling Agent, a co-broker agreement will be executed, between the brokers. See Section “Procedure to Purchase” for further details. 41. Smoking, which includes carrying, burning, or otherwise handling or controlling any lit or smoldering product containing tobacco or cloves, including but not limited to cigarettes, cigars, pipes or electronic cigarettes, shall b

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the licenses. There will not be a monthly maintenance fee for the licensees, however, the Condominium Board may impose a monthly maintenance fee or Special Assessment to the licensees for the upkeep and maintenance of the licensed areas. This Offering Plan including all Schedules and Parts A, B, C and D of the Exhibits constitute the entire Offer of the Sponsor, and copies of the Offering Plan and Parts A, B, C and D of the Exhibits will be available for inspection by prospective purchasers without charge during regular business hours at the office of the attorneys for the Sponsor, the office of the selling agent, the office of the Sponsor and the on-site office whenever the on-site office is open. Basic Aspects of Condominium Ownership The ownership of a condominium Unit is similar in many respects to the ownership of a private home. Each purchaser owns his Unit outright, in fee simple absolute, and is entitled to exclusive possession of his Unit together with an int

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errace. There are no anticipated maintenance fees in the first year of Condominium operation. Condominium Board will determine whether to impose a Special Assessment or maintenance cost on the licensees. Note: Licensee shall be solely responsible for the storages and for any belongings located in the portions of the storages. Note: The storage area may not be used as dwelling space: negligence to this requirement may result in violation placed against the building which will be the obligation of the individual Unit Owner responsible for such negligence to remove. 31

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e claim is made payable to the named insured (the Condominium Board). In the event of any uncovered claim or dam age the Board may need to assess a special assessment to the unit owners to be able to pay for the claim and or damage. There is no provision for insurance covering indemnification of Board members. It is at the discretion of the Condominium Board to obtain such coverage, the cost of which will be borne by the Unit Owners as a common expense. 8. Legal Fees and Audit Fees A portion ($ 2,000.00) of the budgeted item will be used for auditing fees in connection with the preparation of the first year ’s audited financial statements of the Condominium and its Federal, State and City income tax returns. The estimate for accounting fees is based on a letter from Chaim Blumberg, Certified Public Accountant, 2110 Aqueduct Lane, Cherry Hill, NJ 08002. An allowance ($2,000.00) is provided for miscellaneous (but not major) legal services, such as but not limited to

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dewalks and streets and the lien of any unpaid vault tax (which is to be paid by the Condominium Board); (xii) The lien of any Common Charges and Special Assessments, real estate taxes, water frontage and/or meter charges, sewer rents, vault charges and assessments, provided that apportionment of such items is made as provided in the Section of the Plan entitled “Unit Closing Costs and Adjustments”; (xiii) Leases and service, maintenance, employment, concessionaire and license agreements, if any, of other Units or portions of the Common Elements. Service, labor, concessionaire and maintenance agreements contemplated under the Plan; (xiv) Any Interim Lease with the Purchaser for such Residential Unit; (xv) Any lien, notice of pendency or other encumbrance either (i) for which the instrument required to remove said lien, notice of pendency or other encumbrance of record is delivered at or prior to the date of closing of title to the Residential Unit, together with th

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l limitation on Sponsor’s liability fo r failure to perform its obligations under the offering plan. 5. Sponsor agrees to pay all common charges, special assessments and real estate taxes with respect to unsold Units. Sponsor represents that it has the financial resources to meet its obligations with respect to unsold Units. Such obligations shall be funded through the rentals and sales of unsold Units and from other funds of the Sponsor. No bond or other security has been posted to secure Sponsor’s obligations. 6. The Sponsor will cause the Board o f Managers to maintain the property in substantially the same condition and manner as on the date of first closing until the Sponsor no longer controls the Board of Managers. 7. If the Purchaser is or becomes the tenant or the occupant of the Unit before the closing of title thereto and, before such closing, the Unit is damaged by casualty or otherwise, such Purchaser

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ten Discretionary Approval or Consent to do any of the following (collectively. “Sponsor Veto Control”): (a) to raise Common Charges or levy a Special Assessment for any of the following purposes: (1) to make an Alteration to the Common Elements, the Association ’s Properties (including any Unit owned, leased or otherwise held or Operated by the Board, or its nominee or designee); (2) to increase or decrease or eliminate the mandated minimum ten percent (10%) Reserve for Capital Replacements to be included in each Budget in accordance with this Plan and the Condominium Documents (see below); (3) to increase, decrease or eliminate Building services set forth in said First year’s budget or otherwise; or (4) to increase, decrease, eliminate or otherwise change the amount or types of insurance coverage from those set forth in said first year’s budget. (b) to borrow money on behalf of the Condominium Association. Sponsor, however, will give its Discretionary

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sary to discharge the same; (v) to determine the amount and establish the means and methods of payment of, and to collect, the Common Charges and Special Assessments from the Unit Owners; (vi) to borrow money on behalf of the Condominium when required in connection with the operation, maintenance, repair, restoration, improvement, alteration and replacement of the Common Elements, provided, however, that: (a) with respect to the borrowing of any sum in excess of $25,000.00 in any one fiscal year (regardless of the balance of any loans outstanding from previous fiscal years) in addition to the affirmative consent of a majority of the members of the Condominium Board, the affirmative consent of a majority of all Unit Owners shall be required; (b) no lien to secure repayment of any sum borrowed may

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and maintain bank accounts on behalf of the Condominium and to designate the signatories required therefor; (viii) to use the Common Charges and Special Assessments collected from Unit Owners, as well as all other funds held by the Condominium Board or received in connection with the operation of the Property, for the administration of the Condominium, including, without limitation: (a ) the payment of Common Expenses and (b) the making of restorations, additions, alterations and improvements to the Common Elements; (ix) to obtain insurance for the Property, including the Units, pursuant to the terms of Section 5.4 of the By-Laws which can be found in Part II of this plan; (x) to adjust and settle claims under insurance policies obtained pursuant to the terms of Section 5.4 of the By-Laws which can be found in Part II of this plan, and to execute and deliver releases upon such adjustment and settlement on behalf of: (a) all Unit Owners; (b) all holders of mortgages a

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96 In the event of any uncovered claim or damage the Board may need to assess a special assessment to the Unit owners to be able to pay for the claim and or damage. Until the first meeting of the Condominium Board elected by the Unit Owners, the public liability insurance will be in an amount of $1,000,000.00 per oc currence or $ 2,000,000.00 aggregate covering all claims for personal injury or property damage in respect of any one occurrence, and the fire insurance will be at least in the amount set forth in Schedule B, the “Budget for the First Year of Condominium Operation.” The Condominium Board shall review such limits annually. Unit Owners shall not be prohibited from carrying other insurance for their own benefit, provided that such policies contain waivers of subrogation and provided, further, that the liability of the carriers issuing insurance procured by the Condominium Board shall not be affected or diminished by reason of any Unit Owner’s other insurance.

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ge, pledge or hypothecate his or her Unit unless and until he or she shall have paid in full to the Condominium Board all unpaid Common Charges and special assessments theretofore assessed against such Unit and shall have satisfied all unpaid liens, except the liens of Permitted Mortgages levied against such Unit; (b) no Unit Owner shall execute any mortgage or other document mortgaging, pledging or hypothecating title to his or her Unit without including therein its Appurtenant Interests, it being the intention to prevent any severance of such combined ownership. Any mortgage or other instrument purporting to affect one or more of such interests without including all such interests shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not be expressly mentioned or described ther ein so that at all times, all of the Units interests in the Condominium shall remain and shall not be severed; (c) any mortgage covering a Unit

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ge above and beyond that coverage maintained by the Condominium Board. In the event of any uncovered claim or damage the Board may need to assess a special assessment to the Unit owners to be able to pay for the claim and or damage. See subsection “Repair or Restoration after Fire or Other Casualty”, under the Section entitled: “Rights and Obligations of the Condominium Board.” The Insurance policy listed in the section “Schedule B” Includes the following coverage: Items Covered Coverage Limits Building $1,546,000.00 All Risk, 100% Replacement Cost No Co-Insurance Deductible: $5,000.00 General Liability $1,000.000.00 Each Occurrence $2,000,000.00 Aggregate Projected Annual Premium $6,148.00 Coverage for the following items is not included and may be available at extra cost: officers’ and directors’ liability; rent insurance; water damage; excess liability; auto liability; fidelity bond; and garage keeper’s liability. Except as set forth in the next paragr

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nts. If the Trust Funds shall be less than sufficient to discharge the cost and expense of performing the Work, the Condominium Board shall levy a Special Assessment against all Unit Owners for the amount of such deficiency in proportion t o their respective Common Interests, and all proceeds of such Special Assessment shall become part of the Trust Funds. However, if the insurance proceeds are not sufficient to discharge the cost and expense of performing any work attributable to any part of the building which is not a “Common Element”, such cost and expense must be paid by the owner or owners of the Units or Limited Common Element which were damaged, and no special assessment may be levied against the Unit Owners. If, conversely, the Trust F unds shall prove to be more than sufficient to discharge the cost and expense of performing the Work, such excess shall be paid to the Unit Owner of the damaged Unit, except that no payment shall be made to a Unit Owner until there ha

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sidewalks and streets and the lien of any unpaid vault tax (which is to be paid by the Condominium Board); 12. The lien of any Common Charges and Special Assessments, real estate taxes, water frontage and/or meter charges, sewer rents, vault charges and assessments, provided that apportionment of such items is made as provided in the Section of the Plan entitled “Unit Closing Costs and Adjustments”; 13. Leases and service, maintenance, employment, concessionaire and license agreements, if any, of other Units or por tions of the Common Elements. Service, labor, concessionaire and maintenance agreements contemplated under the Plan; 14. Any Interim Lease with the Purchaser for such Residential Unit and any other leases, tenancies and occupancies permitted by the Purchase Option Agreement for such Residential Unit; 15. Any lien, notice of pendency or other encumbrance either (i) for which the instrument required to remove said lien, notice of pendency or other encumbran

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to the terms of the By -Laws, provided that they are not in conflict with the terms of the Condominium Act, the Declaration, or the By-Laws. 33. “Special Assessments” shall mean the charges allocated and assessed by the Condominium Board to the Unit Owners, pro -rata in accordance with their respective Common Interests (except as otherwise provided in the Declaration or in the By -Laws), in accordance with paragraph (C) of Section 6.1 of the By-Laws. 34. “Sponsor” As used in New York State regulations pertaining to newly constructed and vacant condominium, the word “sponsor” means “any person, partnership, joint venture, corporation, company, trust, association or other entit y or agent thereof who makes or takes part in a public offering or sale in or from the State of New York of participation interests or investments in real estate including condominium interests in realty.” 35. “Sponsor’s Initial Control ”. The Sponsor will con trol the board of managers whenever t

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ary to discharge the same; (v) To determine the amount and establish the means and methods of payment of, and to collect, the Common Charges and Special Assessments from the Unit Owners; (vi) to borrow money on behalf of the Condominium when required in connection with the operation, maintenance, repair, restoration, improvement, alteration and replacement of the Common Elements, provided, however, that: (a) the affirmative consent of all of the members of the Condominium Board shall be required for the borrowing of any sum in excess of $25,000.00 in any one fiscal year (regardless of the balance of any loans outstanding from previous fisca l years); (b) the affirmative consent of all of all Unit Owners shall be required for the borrowing of any sum in excess of $25,000.00 in any one fiscal year (regardless of the balance of any loans outstanding from previous fiscal years); (c) no lien to secure repayment of any sum borrowed may be created on any Unit or its Appurtena

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all and must obtain Sponsor’s prior written Discretionary Approval or Consent to do any of the following: (a) To raise Common Charges or levy a special Assessment for any of the following purposes: (i) To make an Alteration to the Common Elements or the Association ’s Properties (the latter includes any Unit owner, leased licensed or otherwise held or operated by the condominium Board, or its nominee or designee); (ii) to create a fund for reserves for non -capital Repairs, Alterations, unanticipated expenses and/or contingencies (i .e., a Reserve for Contingencies), which in the aggregate exceed five percent (5%) of the projected annual Common Expenses or five percent (5%) of the projected annual Common Expenses (as applicable) for any Budget Year of the Condominium Operation or incr ease, decrease, or eliminate the minimum ten percent (10%) Reserve for Capital Replacement to be included in each Budget in accordance with the Declaration. (iii) To increase, d

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BL 9 or consent, when added to all other budgeted Common Expenses, will not increase the Common Charges (as applicable), inclusive of any Special Assessments of the Condominium Board, for the Budget year of the Condominium at issue, by more than 5% above the Common C harges (as applicable) for the immediately preceding Budget Year of the condominium. In addition, Sponsor may not exercise veto control over expenses included in the first Year ’s Budget or over expenses required: (a) to comply with applicable Laws; (b) to remedy a governmental notice or violation or (c) to remedy a work order of an insurer of the Building, (d) or any matter concerning the health and safety of the occupants of the building. Veto Control of Sponsor and Unsold Unit Owners: Sponsor ’s veto cont rol, as set forth herein, may be exercised during only the Sponsor Veto Control Period and solely by Sponsor while Sponsor owns any Unsold Unit. If Sponsor no longer owns an y Unsold Unit, each successo

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BL 23 performing the Work, the Condominium Board shall levy a Special Assessment against all Unit Owners for the amount of such deficiency in proportion to their respective Common Interests, and all proceeds of such Special Assessment shall become part of the Trust Funds. However, if the insurance proceeds are not sufficient to discharge the cost and expense of performing any work attributable to any part of the building which is not a “Common Element”, such cost and expense must be paid by the owner or owners of the Units or Limited Common Element which were damaged and no special assessment may be levied against the Unit Owners. If, conversely, the Trust Funds shall prove to be more than sufficient to discharge the cost and expense of performing the Work, such excess shall be paid to the Unit Owner of the damaged unit, except that no payment shall be made to a Unit Owner until there has first been paid , out of said excess, such amounts as may be necessary to reduce unp

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s Common Charges, the Condominium Board shall have the right, subject, in all respec ts, to the strictures contained in Section 2.5 hereof, to levy Special Assessments to meet the Common Expenses. All Special Assessments shall be levied against all Unit Owners in proportion to their respective Common Interests and may be payable either in one lump sum or in installments, as the

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all set forth, in reasonable detail, the nature and purpose thereof. The Condominium Board shall have all rights and remedies for the collection of Special Assessments as are provided herein for the collection of Common Charges (including, without limitation, the provisions of Section 6.4 hereof). (D) The excess of all rents, profits and revenues derived from the rental or use of any space forming a part of, or included in, any Common Element rema ining after deduction of all expenses incurred in connection with generating the same shall constitute income of the Unit Owners, and shall be collected on behalf of the Unit Owners by the Condominium Board and applied against the Common Expenses for the year in which collected. In the event that such net rents, profits and revenues, together with the Common Charges and any Special Assessments collected from the Unit Owners, for any year of operation shall exceed the Common Expenses for such year, then such excess shall be appl

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le, deed in lieu of foreclosure, or otherwise), the defaulting Unit Owner shall remain fully liable for the payment of all unpaid Common Charges and Special Assessments that accrued prior to such foreclosure. Any unpaid Common Charges and Special Assessments that are not collected from such defaulting Unit Owner shall be deemed a Common Expense, collectible from all those who are Unit Owners at the time that the same is levied. (C) Subject to the terms and conditions contained in these By-¬Laws, any Unit Owner may convey his or her Unit, together with its Appurtenant Interests, to the Condominium Board or to its designee, corporate or otherwise, on behalf of all Unit Owners, without being compensated therefor, and, in such event, be exempt from the payment of Common Charges and Special Assessments thereafter accruing, provided, however that: (i) all Common Charges and any Special Assessments then due and payable with respect to such Unit have been paid; (ii) such Unit is

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ll be permitted to convey or lease his or her Unit unless he or she shall have paid in full to the Condominium Board all unpaid Common Charges and Special Assessments theretofore assessed against such Unit and shall have satisfied all unpaid liens, other than that of Permitted Mortg ages, levied against such Unit. Proceeds from lease payments may be used to satisfy the outstanding Common Charges. Section 7.4. Power of Attorney. At the time of acquiring title to a Unit and as a condition thereof, the new Unit Owner shall duly execute, acknowledge and deliver to the representative of his or her title insurance company (or, if no such rep resentative is present, to the Condominium Board) for recording in the Register ’s Office, the Unit Owner ’s Power of Attorney required in Article 14 of the Declaration, in the form set forth as Exhibit E to the Declaration. Section 7.5. Transfers by Sale, Gifts and Devises, Etc. Any Unit Owner shall be free to sell, convey, gift or trans

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the Condominium Board shall promptly report to such Permitted Mortgagee any default by his or her mortgagor(s) in the payment of Common Charges or Special Assessments or in the observance or performa nce of any of the provisions of the Condominium Documents as to which the Condominium Board has knowledge then exists. The Condominium Board shall, when giving notice to a Unit Owner of any such default, also send a copy of such notice to his or her Permitted Mortgagee, if so requested. However, the Condominium Board shall have no liability for any failure, through oversight or negligence, in notifying a Permitted Mortgagee of any default by his or her mortgagor under the Condominium’ Documents, provided that (i) the Condominium Board shall advise such Permitted Mortgagee of the default promptly after discovering such failure and (ii) if the Condominium Board shall foreclose a lien on such mortgagor’s Unit pursuant to the terms of Section 6.4 hereof by reaso n of such default,

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a mortgagee , defaults in performing any act or making any payment which is that party’s responsibility hereunder, including Common Charges and or special assessments, for a period of sixty (60) days after the obligation to pay, and said default is not cured within fifteen (15) da ys of written notice of said default. (3) If any insurance policies insuring the Building and all service machinery contained therein covering the interest of the Condominium, the Condominium Board, all of the Unit Owners and all Permitted Mortgagees, as their interests may appear may not be either cancelled, or be allowed to lapse, or substantially modified except upon at least ten (10) days’ prior written notice to all of the insureds, including all Permitted Mortgagees. (4) If the Declaration and the By-Laws of the Condominium are to be amended and such amendment would materially interfere with any right or interest of any mortgagee. C. Notwithstanding the foregoing provisions in the e

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closing, each Purchaser shall deposit an Initial Capital Payment equal to two (2) months’ estimated monthly common charges for the unit. See Section “Working Capital Fund.” At closing, each Purchaser shall pay an additional $5,500.00 to defray Sponsor’s costs of forming the condominium. See Section “Unit Closing Costs and Adjustments.” The 54 Dupont Street Condominium 54 Dupont Street, Brooklyn, NY 11222 Year Projected: January 1, 2024 - December 31, 2024 As per the 2nd Amendment to the Plan SCHEDULE A Offering Prices and Related Information The projected real estate taxes for the first year of operation contained in the Schedule A are partially based on an assessment of the building before construction is complete. Purchasers are advised that real estate taxes may increase materially when the building is reassessed after construction is complete. See Footnote 5 of the Notes to Schedule A for more information regarding the projected assessed valuation after completion of construction.