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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------------X In the Matter of the Application of HARVESTIME TABERNACLE UNITED PENTECOSTAL CHURCH INTERNATIONAL a/k/a HARVESTIME TABERNACLE INC. a Religious Corporation in the County of Kings, State of New York, for an Order of this Court granting leave to a Religious Corporation to Sell Real Property,

Petitioner --------------------------------------------------------------------------------X

JONATHAN PUROW, ESQ., an attorney duly admitted to practice law before the Courts of

the State of New York, affirms the truth of the following, under the penalties of perjury:

1. I am a member of the law offices of the GOODMAN LAW FIRM, attorneys for

Petitioners. As such, I am fully familiar with the facts and circumstances hereinafter contained.

The source of my knowledge is the file maintained by my office in the course of handling this action.

2. HARVESTIME TABERNACLE UNITED PENTECOSTAL CHURCH

INTERNATIONAL, is a religious corporation incorporated under the laws of the State of New York,

that is, Article 8 of the Religious Corporation Law by a certificate of incorporation dated November 4,

2001. (Attached hereto as Exhibit “A” is a copy of the Certificate of Incorporation)

3. That HARVESTIME TABERNACLE UNITED PENTECOSTAL CHURCH

INTERNATIONAL, was formed as a church to conduct regular church services and such other

activities as is customary, in accordance with the government and doctrines of HARVESTIME

TABERNACLE UNITED PENTECOSTAL CHURCH INTERNATIONAL, as more fully set forth

in its By-Laws. (Attached hereto is a copy of said By-Laws as Exhibit “B”.)

PETITION

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4. That the Trustees of said corporation are:

Wayne Byrd, Chairman 57 Prudence Drive Stamford, CT 06907

Carmen Fairclough, Secretary 1270 East 51st St., Apt. 4R Brooklyn, NY 11234 Trevelene Neckles 1685 Arkansas Drive Valley Stream, NY 11580 Jacqueline Simpson 1420 East 51st St. Brooklyn, NY 11234 David Bowes 3906 Avenue D Brooklyn, NY 11203 Shamar Millington 1472 Sutter Avenue Brooklyn, NY 11208 Melvyn Dunkley 185 Lambert Lane Staten Island, NY 10314

5. That the principal officer is Reverend Wayne Byrd, who is the Pastor and

Chairman of said Corporation and resides at 57 Prudence Drive, Stamford, CT 06907.

6. That the Secretary of the Corporation is Carmen Fairclough, residing at 1270 East

51st St., Apt. 4R, Brooklyn, NY 11234.

7. The Petitioner is seized of ownership in fee in the lands described herein, known

as 1567 Ralph Avenue, Brooklyn, New York having received the deed dated August 4th, 2010, recorded

August 7th 2010 in Reel 5002 Page 0582 in the Office of the City Register for Kings County, and

hereinafter referred to as "PREMISES". (Attached hereto as Exhibit "C" is a copy of said deed). The

Premises were gifted to the Petitioner by Reverend Byrd and his wife Annith Byrd.

8. The Petitioner is desirous of selling the Premises known as 1567 Ralph Avenue,

Brooklyn, New York to God’s Deliverance Force Crusade Inc., for Two Million Four Hundred Fifty

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Thousand Dollars ($2,450,000.00) pursuant to the Contract of Sale dated May 3rd 2012, and the Addendum

to the Contract of Sale dated August 15th 2012 (Attached hereto as Exhibit "D" is a copy of the Contract

of Sale, and attached hereto as Exhibit “E”is a copy of the Addendum to the Contract of Sale).

9. Petitioner seeks an Order for Leave to sell the premises known as 1567 Ralph

Avenue, Brooklyn, New York as more fully described herein as follows:

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Brooklyn, City and State of New York, designated on the Tax Map of the City of New York for the Borough of Brooklyn, as said Tax Map was on May 5, 1970 as Section 6 Block 1754 Lots 34,35.

10. An appraisal performed by an independent real estate appraiser not related to any real

estate broker involved in the within transaction is annexed hereto as Exhibit "F".

11. The total value of the current assets and liabilities of the Corporation for the fiscal

year ending December 31, 2011 are Two Million Four Hundred and Fifteen Thousand Dollars and Zero

Cents ($2,415,000.00) and One Million Nine Hundred Thousand Dollars and Zero Cents

($1,900,000.00), respectively, as set forth in the copy of the General Ledger as submitted and prepared

by Rev. Wayne Byrd, President of the Corporation annexed hereto as Exhibit “G”. The Church holds

existing mortgages of Seventy Two Thousand Dollars ($72,000.00). The Church has entered into a

settlement with the foreclosing lender U.S. Bank N.A in the amount of One Million Nine Hundred

Thousand Dollars ($1,900,000.00) minus any sums held in receivership, to be paid in full at the closing of

title of the premises.

12. A copy of the financial statement of the Petitioner for the fiscal year ending

December 31, 2011 is attached hereto as Exhibit “H”.

13. The monies received by the Petitioner upon the sale of the Premises

shall be used in the best interest of the Church to pay the necessary closing costs and fees in

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connection with the sale of the property, to satisfy all of its outstanding debts, and for general church

purposes should any funds remain.

14. The interests of Petitioner that will be promoted by the selling of the

Premises shall be to pay off all outstanding debts and the current mortgage, as well as the closing

costs of the transaction, and to utilize any remaining proceeds for general church purposes. The

congregation currently holds its services at the premises but has entered into the a lease to utilize 1029

Rutland Road, Brooklyn New York 11212 as its congregational home for a term of five (5) years starting

on September 1st 2012. (A copy of the executed Lease for 1029 Rutland Road is attached hereto and

made a part hereof as Exhibit “I”)

15. That the dissolution of the Petitioner is not contemplated.

16. The proposed sale of the said premises is an arms length transfer and the terms

thereof are fair and reasonable.

17. The sale of the Premises by the Petitioner was authorized by a unanimous vote of

all the Trustees of the Petitioner at a regularly scheduled meeting on the 3rd day of June, 2012 . (A copy

of the resolution adopted at the meeting to sell the within premises is attached hereto and made a part

hereof as Exhibit “J”)

18. That at a special meeting of the members entitled to vote of HARVESTIME

TABERNACLE UNITED PENTECOSTAL CHURCH INTERNATIONAL, held at the church on

June 3rd 2012, a resolution was adopted by all 235 members of the Church unanimously approving the

terms of the sale thereby authorizing President of the Corporation, Pastor Wayne Byrd and Secretary

Renee Napier to complete the proposed sale of the premises. (A copy of the Resolution of Membership

Meeting is attached hereto and made a part hereof as Exhibit “K”.)

19. This petition is made pursuant to Section 12 of the Religious Corporations Law

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of the State of New York, and the provision of that section and of Section 511 of the Not-for -Profit

Corporation Law of the State of New York, as modified by Section 2-b (1) (c) of the Religious

Corporations Law, and all acts amendatory thereof and supplemental thereto have been in all respects

complied with.

20. A copy of the signed Order shall be served on the Attorney General of the State of

New York and the Attorney General shall receive written notice that the transaction has been completed,

abandoned or is still pending 90 days after Court approval.

21. That no prior application has been made for the relief prayed for herein to this or

any other Court of competent jurisdiction.

WHEREFORE, Petitioner respectfully requests that an order of this Court grant leave to sell the

real property described herein in the amount of Two Million Four Hundred and Fifty Thousand Dollars

($2,450,000.00) and to execute the proper and necessary documents and/or instruments for this purpose,

and to apply the proceeds thereof to be utilized to pay the necessary closing costs in connection with the

sale of the property, to pay off its outstanding debts, and to deposit the net proceeds in the general fund

of the Petitioner to be used for general church purposes.

AND FURTHER, that the Court grants such other and different relief as this Court may deem

just and proper.

Dated: August 17th , 2012 Brooklyn, New York

_________________________________ Jonathan Purow, Esq.

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