Extract to table

0%, and such rate has been used in computing the annuity amount necessary to zero out the taxable gift; WHEREAS, the Trust is being funded with membership interests in Stonecrest Realty Holdings LLC, a New York limited liability company, as more particularly described in Schedule A attached hereto and made a part hereof; WHEREAS, the Grantor intends the Trust to be treated as a grantor trust for federal income tax purposes under Sections 671 through 679 of the Internal Revenue Code during the Annuity Term, so that all items of income, deduction, and credit attributable to the Trust shall be reported on the Grantor's individual federal income tax return; WHEREAS, the Caldwell Family Dynasty Trust, an irrevocable trust established by Jonathan R

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and the Trustee agree as follows: ARTICLE I — DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below, unless the context otherwise requires: Section 1

3 "Caldwell Family Dynasty Trust" or "Dynasty Trust" shall mean the irrevocable trust established by Jonathan R

4 "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, and references to any section of the Code shall include any successor provisions thereto and any applicable Treasury Regulations promulgated thereunder

8 "Grantor" shall mean Jonathan Robert Caldwell, an individual residing at 418 East 72nd Street, Apt

In the event of the Grantor's death during the Annuity Term, the Payment Date for the year of death shall be the date of death, and the Annuity Amount payable with respect to such year shall be prorated as provided in Section 3