connolly properties excess cash at inception

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Siesta Park Watchung Gardens Cornell Pingry Arms Livingston Grand Court Villas Price Per Share $30,000 $50,000 $50,000 $50,000 $50,000 Prospectus shares sold 23 60 70 34 41 Prospectus shares given to Connolly 2 8 5 4 3 Prospectus total 25 68 75 38 44 Actual shares sold 26 71.875 1 79 35.5 42.5 2 Actual shares given to Connolly 2 8.5 5 4.5 3 Actual share total 28 80.375 84 40 45.5 Additional shares sold 3 11.875 9 1.5 1.5 Additional shares issued 3 12.375 9 2 1.5 Distribution per share/month @ 12% annually $300 $500 $500 $500 $500 Prospectus distribution/month $7,500 $34,000 $37,500 $19,000 $22,000 Additional distribution required/month $900 $6,188 $4,500 $1,000 $750 Prospectus investor contributions $690,000 $3,000,000 $3,500,000 $1,700,000 $2,050,000 Actual investor contributions $780,000 $3,593,750 $3,950,000 $1,775,000 $2,125,000 Additional capital from increased share sales C $90,000 $593,750 $450,000 $75,000 $75,000 Prospectus sales price $2,400,000 $7,500,000 $8,600,000 $3,500,000 $6,136,000 Actual sales price 3 $2,400,000 $7,500,000 $8,650,000 $3,475,000 $6,150,000 Increase in sales price compared to prospectus S $0 $0 $50,000 -$25,000 $14,000 Prospectus mortgage $1,900,000 $5,625,000 $6,450,000 $2,450,000 $4,602,000 Actual mortgage 3 $1,936,028 $6,230,000 4 $6,487,500 $2,760,000 $4,910,000 Increase in mortgage compared to prospectus M $36,028 $605,000 $37,500 $310,000 $308,000 Prospectus estimated closing costs $66,015 $538,925 5 $419,225 6 $455,000 $137,608 Actual closing costs unknown unknown unknown unknown unknown Prospectus cash reserve $123,985 $586,075 $930,775 $195,000 $378,392 Surplus cash obtained at inception C-S+M $126,028 $1,198,750 $437,500 $410,000 $369,000 Predicted cash reserve at inception $250,013 $1,784,825 $1,368,275 $605,000 $747,392 1 From cash flow statements provided by Connolly 4 Watchung Gardens received a first mortgage of $5,625,000 2 See Exhibit BC for derivation and a 2nd mortgage of $605,000 on the same day 3 From County Deed and Tax records 5 Per prospectus this includes $305,000 req'd by bank to be held for capital improvements 6 Per prospectus this includes $200K in funded reserve

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This table shows the excess cash above the prospectus estimates of capital reserve that David Connolly raised in five purchases, The Livingston, Watchung Gardens, Siesta Park, Cornell Pingry Arms and Grand Court Villas. This was through selling more shares than advertised, and obtaining higher mortgages than advertised. He took this cash ($4.8m total for just these five) and used it for purposes other than for each of the properties in question.

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  • Siesta Park Watchung Gardens Cornell Pingry Arms Livingston Grand Court VillasPrice Per Share $30,000 $50,000 $50,000 $50,000 $50,000

    Prospectus shares sold 23 60 70 34 41Prospectus shares given to Connolly 2 8 5 4 3

    Prospectus total 25 68 75 38 44Actual shares sold 26 71.875 1 79 35.5 42.5 2

    Actual shares given to Connolly 2 8.5 5 4.5 3Actual share total 28 80.375 84 40 45.5

    Additional shares sold 3 11.875 9 1.5 1.5Additional shares issued 3 12.375 9 2 1.5

    Distribution per share/month @ 12% annually $300 $500 $500 $500 $500Prospectus distribution/month $7,500 $34,000 $37,500 $19,000 $22,000

    Additional distribution required/month $900 $6,188 $4,500 $1,000 $750Prospectus investor contributions $690,000 $3,000,000 $3,500,000 $1,700,000 $2,050,000

    Actual investor contributions $780,000 $3,593,750 $3,950,000 $1,775,000 $2,125,000Additional capital from increased share sales C $90,000 $593,750 $450,000 $75,000 $75,000

    Prospectus sales price $2,400,000 $7,500,000 $8,600,000 $3,500,000 $6,136,000Actual sales price3 $2,400,000 $7,500,000 $8,650,000 $3,475,000 $6,150,000

    Increase in sales price compared to prospectus S $0 $0 $50,000 -$25,000 $14,000

    Prospectus mortgage $1,900,000 $5,625,000 $6,450,000 $2,450,000 $4,602,000Actual mortgage3 $1,936,028 $6,230,000 4 $6,487,500 $2,760,000 $4,910,000

    Increase in mortgage compared to prospectus M $36,028 $605,000 $37,500 $310,000 $308,000

    Prospectus estimated closing costs $66,015 $538,925 5 $419,225 6 $455,000 $137,608Actual closing costs unknown unknown unknown unknown unknown

    Prospectus cash reserve $123,985 $586,075 $930,775 $195,000 $378,392Surplus cash obtained at inception C-S+M $126,028 $1,198,750 $437,500 $410,000 $369,000

    Predicted cash reserve at inception $250,013 $1,784,825 $1,368,275 $605,000 $747,392

    1From cash flow statements provided by Connolly 4Watchung Gardens received a first mortgage of $5,625,0002See Exhibit BC for derivation and a 2nd mortgage of $605,000 on the same day3From County Deed and Tax records 5Per prospectus this includes $305,000 req'd by bank to be held for capital improvements

    6Per prospectus this includes $200K in funded reserve

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