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HomeMy WebLinkAbout03-0870IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLOBAL VIDEO, INC., Plaintiff, CIVIL ACTION - LAW v. No. -. f'7t3 ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant. CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for Defendant, ERIN MOUL, and confess judgment in ejectment in favor of Plaintiff, GLOBAL VIDEO, INC., and against Defendam for possession of the real property described as follows: 3401 Hartzdale Drive, (the suite between Enterprise Car Rental and Excitement Video), Camp Hill, Cumberland County, Pennsylvania. KAIN, BROWN & ROBERTS, LLP I.D. No. 43531 119 East Market Street York, PA 17401 (717) 843-8968 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLOBAL VIDEO, INC., · Plaintiff · VS. ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION NOTICE OF DEFENDANT'S RIGHTS TO: ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant A judgment for possession of real property has been entered against you and in favor of the plaintiff without prior notice and heating based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at any time after thirty days after the date on which this notice is served to you. You may have legal rights to defeat the judgment or to prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KAIN, BROWN & ROBERTS, LLP Audrey E. Woloshii~,~Esquire 119 East Market Street York, PA 17401 I.D. 43531 (717) 843-8968 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLOBAL VIDEO, INC., Plaintiff, CIVIL ACTION - LAW v. No. 05- ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant. CONFES SION OF JUDGMENT COMPLAINT The present action is brought pursuant to Pa. R. Civ. P. 2950, et seq. whereby Plaintiff, GLOBAL VIDEO, Inc., confesses judgement against Defendant, ERIN MOUL, doing business as Cover to Cover Books, for money in the total amount of $61,935.00, on the basis of a Lease Agreement executed between the parties on September 25, 2002, for property located at 3401 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania. 1. Plaintiff is GLOBAL VIDEO, INC., a Pennsylvania corporation, with a principal place of business at 2754 South Front Street, Philadelphia, Pennsylvania. 2. Defendant is ERIN MOUL, a competent adult individual, whose address is 16 West Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3. Defendant is in the retail book business and does business under the name Cover to Cover Books. 4. On or about September 25, 2002, the parties executed a Lease Agreement whereby Plaintiff leases to Defendant the premises known as 3401 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania. A copy of the Lease Agreement is attached and marked as Exhibit A. 5. Pursuant to Article I, Section 1.2 and the Summary, the initial term of the Lease Agreement is two (2) years commencing on November 1, 2002. 6. Article II, Section 2.1 of the Lease Agreement provides the terms of the payment of Minimum Rent as follows: Tenant shall pay to Landlord fixed annual minimum rent hereinafter referred to a Base Rent, in equal monthly installments in advance, on the first day of each calendar month, throughout the term of this Lease, without any prior demand and without any deduction or set-off, at the office of Landlord or at such other place as Landlord may designate in writing Base Rent shall be as set forth in the Summary. 7. Pursuant to paragraph 10 of the Summary, the base rent for the first year of the Lease Agreement is $1,800.00 per month. 8. Article II, Section 2.2 of the Lease Agreement provides that Defendant is obligated to pay Additional Rent for common area maintenance, taxes and insurance on the first day of each month in the amount of $555.00 per month. 9. Article III, Section 2.3 of the Lease Agreement provides for late charges as follows: Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include but are not limited to processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or Deed of Trust, coveting the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within ten (10) days after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten (10%) percent of such overdue amount and thereafter such overdue amount shall accrue interest at the rate offii%en percent (15%) per annum until paid in full. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other tights and remedies granted hereunder. 10. Pursuant to the terms of the Lease Agreement, Defendant took possession of the premises on November 1, 2002. 11. Defendant has remained in possession of the property from on or about November 1, 2002, to the present. 12. Despite her possession and use of the property, Defendant has failed to pay the Minimum Rent and Additional Rent to Plaintiff as required under the terms of the Lease Agreement from December 1, 2002, and continuing until the present. 13. Plaintiff has made repeated written requests addressed to Defendant to satisfy all payments currently due under the terms of Lease Agreement, said requests having been made on December 10, 2002, December 19, 2002, December 30, 2002, January 3, 2003, January 8, 2003, January 15, 2003, and February 4, 2003. 14. Defendant has failed and refused to comply with Plaintiff's requests. 15. Defendant is also required to provide comprehensive general public liability insurance with personal injury and property damage liability limits in an amount not less than $1,000,000.00 pursuant to Article VIII, Section 8.1 of the Lease Agreement. 16. Article VIII, Section 8.3 of the Lease Agreement further provides that Defendant shall deliver to Plaintiff a copy of said policy prior to taking possession. 17. To date, Defendant has failed to provide Plaintiff with a copy of the required insurance policy despite repeated assurances from Defendant's agent that a copy of such a policy was forthcoming. 18. Defendant is in default of the Lease Agreement because of her failure to pay all amounts due under the Lease Agreement and because of her failure to procure and provide a general public liability insurance policy as set forth above. 19. Pursuant to Article XV, Section 15. l(b)(1) of the Lease Agreement, Plaintiff is entitled to "lease all or any part of the leased premises to any other person with or without first altering the same." 20. By virtue of the default set forth above, Plaintiff is entitled to obtain possession of the property. 21. Article XV, Section 15.1 (b) also authorizes Plaintiff to confess judgement against Defendant in the amount due as a result of her default under the terms of the Lease Agreement as follow: Lessee empowers any attorney of any court of record to appear for it one or more times and to take on its behalf any or all of the actions described in this section including the entry of judgment of confession, agreement or otherwise. 22. This judgment is not being entered by confession against a natural person in connection with a residential lease. 23. The Lease Agreement has not been assigned. 24. A judgment has not been previously entered on this Lease Agreement in any jurisdiction. WHEREFORE, Plaintiff, GLOBAL VIDEO, INC., respectfully requests that judgment of ejectment be entered in its favor and against Defendant. KAIN, BROWN & ROBERTS, LLP Au~quire/e~ I.D. No. 43531 119 East Market Street York, PA 17401 (717) 843-8968 Attorneys for Plaintiff LANDLORD.* GlobaJ Video, l~ By: Soolt Herman 2754 South Front Sm:or Pltilnd~lphia, PA 19148 By riL~t ofsub*i~ing l~m~, owncr Bray L. Pa~iiaro ]6 ~est M~ ~PA 17011 .~'~.. BUlL,DING LOCATION: 3401 Him2dalz Driv~s~te between Emeq~rtse C~tr~m~ml mldF.,xdt~l~lit Vjd~. CITY: Cimp l-~ll STATE: Pennsylvania, 170Il DATE: ~ h 2002 to S~, 2004 ~/~G'd 9S9I ~gg 9S9T £9& 6~:ST ZI~Z-~-DB~ LEASE AGR~.~.MENT This l~se made m tho 25 day ot'SeFtesuber 2002, by nad b~vee~ Globl Video, Inc. herein coiled 'Landlord", EFJn Mod, herein called SUMMARY OF LEASE PROVISION 1. Nob Address:. Landlord: 2754 Somh Front Su'eet, l~iladei~i~, Pa 19148 Tenant: 16 West Main Slreet, enasp~i~, PA 17011 Coplesofnllnotieestol~eseuttoldaMcMurmyat: POBox8910, Camp~I, PA 17001-g910 3. Tenant's Buildia~ Nasee and Address: N/A 4. Tenant's Imildin[ Sni~e: N/A $. Square footage ofTenmnt*s spe~: 3,600 6. Lease Commeneeseent Date: Initial Lease Term: 2 years Initial seoatMy CAM, ?axe~ & !~ payseent: discretim. Landkrd is ihrryPqliaro. 9. Security Deposit: $1,800 S555 m(mthly, C.A.M., Taxes, and insurance is subject m inerease per lmdlord's ]0. Base Rent $ehtdule: YR 1: $6/SF = $21,600.00 ANNUALLY: SI,B00.00 =MONTHLY: $.00 YR2: $6A0/SF =S23,280.00 ANNUALLY: $1,940 =MONTLHY.: $ YR 3: S /8F -ANNUALLY: $ ---MONTHLY: S Il. Annual Eseola#eus: N/A 1~ Dee At Le~e Signing:. Security Depmit and Firs~ Months Rent TOTAL $3,600 13. Uae: Coffee Bar and Used Book Store ;4. Opeeate Re~,w:. Wimin ;20de~of;apiraUo~-2~optiontor=e~-¥egr ~ ot'optim~$?pertootorS2,100mmtbi~-¥~r~,~lS7.a0 per £c~ot or ~.220 m~thly, p]m C.A.M., taxes and ~zsurance. ..:, . GRANT AND TERM PREMISES. _SeCtion 1.1 a. In emuideratJon oftherents, covenants, and speernents he,eh rem'ved and contained on thelMrt ofTemnt Zo be observed md performed, Landlord does hereby lease and demise unto Tenant and Tenant rents from [,endlord the portion of the buiklfn& which portion is h~eafler referred to ss the Prantses, shown ss the arm crosshatched and hbeled Premises mi the site plan labeled Exhibit 1. b. The me and occupation by Tenant of'the Premises shall include the use in common with others entitled thereto of the c~nmon areas, 3 psrking speces, service roads, loading facilities and sidewalks snbstantially as shown on Exlu'bit 1, and other facilities as may be designated · ~m time to time by Lnndlnrd, mb. jeff to the terms nmi eflnditimi9 of'this len~ nnd m renmnnble rules nnd reg,lntlons fur the u.~ thereof as prescribed ban time to time by Landlord. c. The Prmfises ~re demised abject and subordinate to all encumlrnccs, easements, reciprocei essement Mreements, ifnny, re, fictions, eonulemal obligations, covenants, zoning laws and governmmm] or any other regulations, now m' heres~er affecting ~r L, overning the building. d_ This Left~ A~reement and nil ammdmmts thereto shttii herein collectively be refefl'ed to as ,ho Lease. b. The term of this Lease slmll expire on the date which is tim nmnber ofyenrl, months md days, ha'einaRm' referred to as the Lease Term, subsequent m ,he lease Commencement Date ~s is set forth in ~he Sununary. Said expiration date is hcrcinMkr rcbred to as the Lease Explmf4on Date. This lease Term shell include any extensions of amc as may be provkkd for ha~n. LEASE YI~AR Section 1.3 n_ The tam lease y~r as used herein shall meen ~t period oftwdve (12) consecutive furl adondar months. The first lease year fhal] cmnmence on the lease Commencement Date if the Lease Commencement Date shsdl occur on the 6rat day ora adondar month; if'not, tbon the first lease year sbdl commence on thc first (by of the celendsr month next following tho Lease C~mmmcnmnnt Date and the first lease year dull include the additional days from the Lease Commoneanent Dnto*hrough *he first day of*he first lease year. Each sucm~ing lease year shall emmnonce upon *he mniversary date of the first Jense year. ARTIC_L,E II MINIMUMRENT See:tim 2.1 a. Truant shslJ p~y to I_jndlnrd fixed nnnunl minimum rent hereinaRer rufetred to as Bnse Rent, in eqml monthly inslallments in advance, ca the first day ofench calendar month, throughout the term of'this Leue, wjthont any prier demand and wJdmut any deduction or se~-off, at tAe office ofl. Jndlord cr at such other phee as LandJcrd ms), dui&mete Jn w~t~n~.Base Rent shall be as set fuflh in ~be Smumm'y. b. The first monthly.installment of'Base Rent simll be peid on the date et'execution hereof end slmll be appliM to the Bas~ Rent duc for thc first full month of the lease tenn. Landlord shall subsequcotly bill Tennnt f~r the first partial mGnd% if any, of'the lms~ tu'm (in the event the Lease Commencement Dnte is not the first day of a month) such proportion of thc monthly mstalhnmt as ~he nmnber of days fi-om tho Lmso Commmcement I~tte ~lrough the Isst day of said mm,h bears to ,he torn] nurnbn' of days in mid month, md such monthly Insmlimmt shall be due on the first day of the next ensuing month, nlong with thc next monthly installment, sad subsequmt monthly instaflments ~lmll be due in ndvanco on ,he first day of each msuing .calendar nmnth of the Lense Tmn. ~T/P~'H 9~9! £9~ 9S9t £9~ 0S:~ ~00~-~-33~ . . , ' ce S555.00 - Monthly - includ~ taxes, insurance (building only), lan~ snow remowi, h/vla/e repair, and took Tenant to provide own eootmt insurance. Thee is not a sprb~er system. *Subject to docum~med imcreases presented by Barry Pagliam to Global V'uleo, lm~ and then to Mnam. LATE CHARGES Section 2.3 a. Truant hereby aeknowiedges that late payment by Tenant to Landlord or rmt and other sums due hereunder wUl ~us~ Landlord to lager costs not contemplated by this I. ease, the exact amount ofwhkb will be exlremdy diflieult to ascertain. Such eom include but m-e not Ihnited to, woeessing and accounting darges, and late e. barges which may be imposed on Landlord by the tmns of any mortgage or Deed of Trust, covering the Pranises. Aecordingly, if any inmdlment ofrent er my other hum due from Tenant ~ nat be received by Landlord or Landlord's designee within tm (lO} days alter such amotmt simll be due, Tmmt shall pay to Landlord a late charge equal to ten (10%} percznt ofngh overdue mount and therealter mueb overdue amount d~all acme interest at the rate of fiRem pereent (1 ~'%} per ~mmn mu] paid in Rdl. The parties hereby agree that such late elunge represents a fidr end reasonable estimate of the costs Landlord will incur by reason ofhte pa}anent by Tenmt. A___~eeeptauce of such lam charge by Landlord shit in no evmt o0nstitule a waiver ofTmanes denmlt with respect to such overdue amount, nm' prevent Landlord from exereL~ nay of the other rishts and remedies 8ranted hinder. {HITIAL_CONSTRU_C'J3ON AIgD SUBSEOUF. NT AL _TEgA._T_I.OJ~_LA~DLORD ALTERATIONS Section 3.1 e. Notwithstanding anything set forth in this Lense to the contrary, Landlord reserves the right any time eith~' before, dtw~g or ~ the initial conmructim thereot~ one or more times, for itself and any o~mer or o~ners of the Building m: 1. build addltimal building(s}, pwking lhcilities and othe improvements and to change the locatim or charactor of or ret~nfi~ure all building(S}, improvements and Imkiag facilities; 2. make sltoration& expansians or additims to the Building and omnmon areas md/or to build an addlfieM! stery or atorie~ en the building(s); 3. add additional entrances md ex]Is from the buUding(s}; 4. provide for midMens] landscspins; 5. add m- ebangn sisr~ to ~be b~ldin~(s} And/or fucilkies surrounding the hn'lding(s}; 6. make changes required by state, f~deral or loml authorities and; 7. make changes which upsm~ m- enhanee the appearanco of the building(s} or other imwovmnents. TL~NANT ALTERATIONS Section 3.2 a. Tenant shall not make any Ilterotion, addition, repair or improvement to the Premises, except as otherwi~ pertained herein, withnut the prior wriRm approval of Landlord. Any equipment, machinery, ar miUfies required by Tenant in addition to those provided by [ ~ndlord shell be Installed with the prim' writtm apln'ovai of Landlord- All such alterations, nddifinn% repnirs, improvements and installations if permitted, shall be at the sole ~at m~d, expense of Tenant_ Upm the Lmm Expiratim date, Tenant ~all at Landiord*s ~ r~oro thc Proni~s to O~ condition ezisdng prior ~o such nlteration or imWovements, at: Tenants sole cast and ezpense, ordinmy wear and tear cxmptod. ~r.~o'~ qcq! cq~. 9g9~ £9£ ~:gt Zl~-&T-DBO ARTICLE IV CONDITIONS OF USE- OCCUPANCY AND CONDUCT OF BUSINESS BY USE OF PREMISES Smion 4.1 a. Tenant shall opm for the full conduct of business and occtrpy Premises on or before the date set ;',~, in the -q,,mm~rT, .qolely for the pmpo~ and use set forth in the Smnmary, and shell eoflduct continuously in the Premjses the business above stated tn]der the Irude name set forth in t~ Summary. Tennnt stmU not use or pamit, or suffer the use of the Premises for any other bminess or propose. CO~. ~NCE WITH LAWS AND REOULATIONS S~ 4.2 t General Ob~atlons. Te~mtt shell at ail times nminutin and conduct its business, at Tmant's sole cost and expense., insofar ns the same relst~ to Tenant's use and oen21~ncy of the Premises, in a hwful nuaner, and in strict e0mplJanee with all f~deral, state md local governmmml laws rule~ resulations, the .Board of Health, and orders and provisions of JnsoFance tmderwrtt=3 applicable to ~e budness of Temnt conducted tn and upon the Premises. now in force oF which may hormRu, be in force. b. Cmnplinnee with Env~mnentaJ Laws 1. Truant shall comply with aU applicable federal, state and Ioc=l envirmmumtal laws, ordinances, orders or regula6ms nffectin~ the Premises, thc envirmmmtsl laws, oral/nantes, cad.s or reg~datJons affucting ~b~ Pr~m~, the oparstian ofTemmt ' s INsinen tribe Premises, the use el the Premises, or thc removal of my hazardous substances or nm hnzardous substances these from, nsnow or herm/ter defined. Notwithstanding mything in this Lesse ~o the contrary, Tenant shah not without Landiord~ s jrlm' wr~tan emsmt and mbject to reasonable eonditions imposed by Lnndinrd, place oF permit on the Prenises or otherwise tLqe, store, manufacture, pr_ _~e~___ or dispose of Shy Oil, grease or hal~'dous substmces re. dated by public a0thori~y. 2. Truant shall pemit no on-Mte disposal of any oil grease, 0r hnnrdous subsumces. No hazardom or induso-Jnl w~ contnmlnated substnnces or those resulting J~ mnnulilcturing or processing shall be deposited in containers provided foF trash removal. Ali ,,vnstc matcrlsl (including Tmnnt's eonl~uetJrm or resnodelinlg wastes) othe' d~m ordinary ~nnttary crunmq~al Irnsb shall be removed from Premhes and propes'ly disposed of in comp]Jm~ with all applicable laws at Tenant's sole cost and cxpanse. 3. Tenant does hereby agree to protect, defend, indanmLry and hold Landlord hamiless of~ fi~xn and agahst ail claims, act/ans,; liens, demands, eo~_q, c-xpens~s, fines, judgments, Jegn] costs and attorney's f~x:s resulting from or arising by rensm ofth~ following: (J) my spills or contuminatim of air, soil or water by oil, 8ruse or hanlyk~us substances at or around the Premises, if mused by Tmsnt, Tenant ' s sg~t~, or Temmrs operation, oF upm remou[ there 6'om; (ii) the Violation of my environmantai )swS or reguhtJms; oF (/fi)the Violation of any provisions of Section 4.2. 4. Upon ten (10) deys prJoF wrlttm request f~nm Landlord, and upm mender of the Pretnises to Landlord, Tennnt shall execute, acknowJedge and deliver to Landlord a wrJttm ststement iu form satisfuctory to Landlord c, ertif~ng ~mt there are no hszardous substanc~ on the Premises, md thnt Tenant has not disposed of any oil, gmt~ or bs2nrdom substance at the Premises and that any such substances u~ ltroc~Lscd or gonoramd st the Premises have been disposed of properly, md that there exists no Viointims of any environmental laws or regulatims. LEFT BLANK MAINTENANCE- REP AIRS AND SURRE~ER BY I..~N~DLORD Section 5.1 BY TENANT Section 5.2 a. Tmsnt 8grces frmn and after tho date thst possession of the Premises is delivered to Tenant, md until the end of the Lense Term tirol It will .Landlord ~fl Section ~.I. Tcumt shall not, however, be responsible ~ar repair of any dmn~e mused by my sc~ or nesti~ce of l.J. ndiord, its employees, contract, s, or I~cnts. Temmt shah not be required to make structm'd] repnks or altermims whk:b may be required by 8overnmenl~ .fides. orders, er re~datiofls or Jnsurauce companies unless resulting from the business operations p~-i-taJned by Tenant in the Premises. All ... such work shall be I~r~rmed by Tcnant in & good md workmani~e manner in conlpliancc wilh ali applicable Jaws, codes, and reBuladons an~i subjcct to such rcnsonnble requiresnmta as Landlord may impose. Landlord shall have the fight to post lite PremJscs with t notico cfa liability kJ cormoction with any such work pm-formed by or an' bchalfofTeflant. b. Barry PasJiaro shall acquire and maintain · service emtrect for the Fepak and maintmmcc of thc hcadng, va~dhdon sod oh' coflditlonin8 systems. Paibro shell make afl repairs required fir the heating, ventiladoo and ak conditioning synem. Tmmt acknowledges tbet Barry L. Paglinro is the owne~ of the building and he is in ebar~e of'all lTv*AC maintmmce not OJobd Video, Inc. He can be reached at 7J 7-~97-9347. sh~l be thrown therein, and the e~umse of my breakage, stoppage, or damage resulting ~m a violation of'this provision ahalJ I~ bo~ of T~mnqL d. in the event that any governmental regulations from time to time require emergency lisbtin$ to be installed in the Pranises, time instahfion and maintmnee of same, including providing ofbattory ])owe', shall be the rupmm'biJJW of Landlord. e. If Tenant refutes or neglects fo make iu suito Fepuirs to property as required hereunder and to the reasonable safisfnetion of Lafldlwd, Landlord may make such .repairs without liability to Tenant for any loss or damage dmt may accnm to T,*~-rs merchandbe, fixnres or other property or to TemsU*s businen by rusm lheranfand dmr~ to truant. S~R OF PJ~A~S Secfiou 5.3 a. At the expira~m of~he tease Te'm, Tenant shall surrmder the Premises in the same ~ndifion as existed upon the completion ofsll Tmanfs Woric m~lJn~y wmr md tmr excq~ed. Ali nltm~ons, addMons, Jmprovemont~, md ITmm'er,, including Hgh6ng ~ duels, diffusers., fi)t~s or other equipment for distribution ofhmtfng and conlin& and other personal property od~r thru nde fixtures, which have been installed by, foF md on behalfofTonant, upm the Premises, and which in any manna' 8re allacbed to the floors, wntls or ceiibgs, shll become property of Lsndlord upon the termitmdon of the Lease, and shall remtin upon nnd be surrmdered with the Prondses ns a pert thereof without disturbance, molestation or injury unlen Lmdlord previously agreed to Tenants removal of sueb alteration, ~ddMon, lmprovonant fixture at the time of Landlords approval. Any ntUched tile, linoleum, carpet or floor coverin8 ofsimilsr character shall become propefl~ of Landlord upen the termination of the Lease. DurinB the Leafe Term, Temmt shall not remove er damase the above dsscribed improvements and fixtures without the prior written consent of Landlord. Tenant's obligation to observe or perform this eovanant shnll survive the expiration or otbor termination oftho Lease Term. ARTICLE VI TAXES LANDLORD'S RESPON~It. ITY' section a, Subject to re~mbur3a~ont as bfs'einaRer provided, Bnrry Paglinro shall be rcsponsibic for thc paymmt of aH gmeral and spocial taxes and asscssmmts icviM mt the Building md fill improv~nmts conslructed tha~on, including common areas Jocat~l Ih~eee, all assessmmts for local improvem~t$, water and M rents not based on conmmp6on, and nil hnpositions nmn'ccurring as wcil ns rotam~n_a: Sl~cia] or extraordinary, foreseen md mfurese~, md my nmv taxcs which my be levied or esse,ed on Landlord or the BuildJns rinsed upon gross rentals in lieu of or in addition to the current renal property taxes (fur the purposes ofdetermining such new tax md othn' taxes resulting the alteration of the methods oftnxstioo, the Building shall be deemed to be Landlerdt$ sole proparty)~ and other govemmmml ehurses which may b~ lawfully charged, assessed, or imposed upon the real property and improvements now or hereafter c0nslructed thereon and upon the common area, herealter collectively referred to as "real estste taxes*. H~wever, if nuthwities having jurisdlct~m assess real estate taxes, which Landlord deems excessive, landlord my defer cmnpliance therewith to the extmt permitted by the state laws. Lmdim'd may in good faith conlast nil re,d estlte tax t.qs,~mts. %411 references to Iondlord in Section 5. l skoll meanproperry miner Barry Pogi~o. .4bo wMle property o~n~r is pa~ing mr. ez tenam agrees to ~ t~lr pro. rare ~ba~ of the sam~. t~T/C~O'd 9&'gT £9z 9S9T £9~, TS:ST ~-£T-3B(I TENANT'S ADDITIONAL R~I',,,"T/PRO RATA SI'L6RE I)~F'{]',,I~D S~;:tiun 6.2 Tenant shall pay own utilities and ]mdlerd will pay gelleral costs of sewer, water, {rash as part of Ct, tatum interior rep&irs to toilet,, etc. ~aJ.I be Tenants cost. ' ARTICLE VII ~ ,10 BUILDING_OPERATING COSTS BUll,DING OPERATING.COSTS DEFINFO 'Building ~g Costs" is tw~d herein, shill mMu fiji costs md expenses of~ kind or nam which are nec4mm% end m'e cusMmsr{ly incurred in opeufiof mind majut~ ,h~ Building ss detmnined by 1,8nd{oFd md whJch sre, as delamined by Lsndlurd ma?mbl~ ~.d q~ropri~ for thc bcst hun:st ortho Baildi~ indud{nj~ wiOjout limitations: ali mm md eXlmm~ of operating, mmntninin& repeirin~ rephcin~, lighting, deminL pafmtns, strtpph~ and policin{ ali common sreas md M! fmp~vemems [hereto (inciudins c~m ofunfbms, equipment, and ali cmploymmt taxes); mm ofudlMes fer the co-,,,,(m mess; corn of:aD roofreptirs; eom of all suppiJu; insu'mc~ pmnJums b' Ibbflfl,y in.quuce/ur petrol injmT, demb, md pmpm7 dmna~; (x]sts of workn]m's compcnsatim insu~n~ (:ovmng pa'smnel md fideJiry bonds Fa- pwsonnd; cof~ ofinnnnce apin~ liabilky b deMnsflm end · claims of fuJse m'rest'o(~-,-i,~g bi md sbou~ the (Mf,,,,,m orus; cosu ~m' removal ofmow, icc, Frbes~ snd debris; m(x~m'ing office -,,=~pm& ,zmqe mm(I u~nung mctJmes rm' me am, moa stets; costs and expenses ofplmtin& n~hndnB, md replncin8 flowa3 and dnbber7 nd plmw's; ,,Il costs of htbor, including wales md otha' peymenU b,dudin8 d~sibiliL7 inm.m~ psyroll rexes, welfin'e, md nil lep] rims md odur aim oF f:xpmscs incurr~ b, r~miviD8 my ialxr disputes; cost md expenses fur d~rmta{ of music pro{mn send~s nd kmdspeeka' sysWns, including furnishing ei~ricity dlere~Te; Iprinider mahMnm(:e costm; costs b ~.2(b), dermociMiam of'cquipmmt used in opewh8 md moJnuinJng the axn,non ams m,d rent iMid f(r Jeask~ my mcb equJpmmt; depre~feflou ofnm-su mind c~hl L,n{xovemenu; nd admhisumive costs equal to tm (10°,4) percmt of'the Buildin{ Opemln{ Costs. Building Costs shall n(x hd, Kie: ~ emte roes as de6ned in Se~ion %1; insurance as described in Sec/J(]a 8.2; costs ofwuTk pa'fi~med e~l~vely for ny other mmm~ h the B~hg oth~ th,m ~ of-, kind md m~ which Landlwd vmuid i~ obligat~l to provide to all tmm~; {msiug onmmimims md ot~r m{mmMs attributable solely to {e~ing of sp~ h, the Building; c~ts of repairs or rdmilding n~:~s}~_._~_ by c~demuaflm; ~r cum of capitol iml~mv~mmts eac~ as provided abov~ TENANT'S PRO RATA SHARE OF BUILDING OPERATING COSTS Section 7.2 T~nmmt occupies 29% of the buikiing. PLACE AND MANNER OF PAYMENT OF TENANTS PRO RATA SHARE OF BU1LD{~N'G OPERATEqO COSTS, REAL ESTATE TAXES;AND INSURANCE PREMIUMS Scion 7.3 a. Building operafiug c(~ts a~e esthnated to be $23.000. Apprmthnately- Commm Area Maintenance (CAM) .- $555 Monthly - this may be 9S9T £9& TS:ST ARTICLE VHI ~N$~gANC.~ PURLIC LIAMLIT~ INSURANCE/INDEMNITY Section g.l a. Tmant's LiabiHly tnsuranee. Tenant shall, during th`* mtir`* term hereof~ keep in full fmc,* and effect a policy ofcmnprehansJve general public linbilky insurance w/th personal injury and ~ damage liability limits in m mnoont not less than Omc Million Dolhrs ($1,000,000'. The policy shall name Landlerd and Tmmt as insured and shell Gomply with Section 8.3 herein. Said policy shall insure any and all clahns fm injury or damage to persms er property or fa- the loss of life or of property occurring upon, in w about thc Prmnbes and thc public portims of the Building wising out of or in oonne~thm with any act or omission of T-,mt,/ts employees, agents, emtmm3~ eustotner% and invJtees. b, Tenant shah indonmify, defend and save hsrmless Landlerd from any and all liabililies, dnmq~s, fm (including without limitstinn reasonnble attorney's fees), costs, claims, suits or actions growing out o~. (i) any breach, viola~m er Donperformance of any eovemmt, obliption, agnmnmt, tmn er oonditim in this Lees~ set fi2rth and contained on thelMrt of the Tmmnt to be fulfilled, kept, observed and perfurmed; (ii) any damag`* to pupmy and any injury to any persm or pu3ons including death resulting at any tim~ thm'e from, occasioned by any act or omission of the Tenant, its officers, agatts, mx, m, employees, c0utractws, cr ]ioemees, m' omming in or an thc Premises or ny part ~hereofinduding the Common Areas arising flora or otamioned by ny can wl~soe~, e~cept where su~ damage or in, wy is due to the ack default ct nogligmge of Landlord, its offim% agmls, serva~, employees, contracm's, eustmners, invJrms or liesnsoes, (Hi)any contract, lien, privilege, mertaq~ charge or mcumt~,,.ce of the Building arising from or occasioned by the act, defmdt cr negligence of the Tanrer. its olTteers, agonk servants, employees, mutrm:tors nr licms~e. CASUALTY' Sectim 8.2 a. Casualty hurance Coverage by Tenant. Tenant n~'ees tlmt it ~alJ ke~p its improvemant~, fixtures, m rchandise, inventory, floor eovwins~, and equipmmt insured apin IoH,'Ioss ofbunine~ or damage by fire or other casualty with all risk endmmsnmts including w~out limitnfion, ~rinkkr ienhge and flood damage 0f flond ~ exists). It is ondorstood and algeed that Temnt asnnes all risk ofdmnage to its o~n 'prnpefly arising fi'~m any muso whatsocyer, including without limitation, loss by theR or otherwise. EvJdmee ofssJd insurance shall be d~iivered to tandlord prier to I.~`* Cmnmencemmt Dnt~. Tenant eovenantn to onmply ,wtth any nd all mi~s and regulations apFiicable to the Premises inued by the ~ of Fire I. indm'v~it~rs or by any other body her`*innikr onnstituted as ~er`*ising sindlar functions, and insurance ~mnpanies 'writing polices corm, ina the ln'r~ises. b. Protection From Subroptio~ Anything in this Lesse Io the contrary notwjthstandinL neither Landlerd nor Truant ~ be liable to the othn' fo~ any business interruptian er any loss or damage to ~ oecuning on the Premises or the adjoining prope~es, sidnwnlks, torres, or nlleys, er in any mann~ ~rowing out of or connected with Tennnfs use and oocupatim of th`* ~, or the ~ondition ther`*o~ or of sidewalks, streets, or alleys adjoining f~med by the negli~mce or &u]t of Landlord or Tenant or oftheir respective agm~ ~np~, sublanants, licensees, or assignees, to the extent flint such budness interruption or less or chnnnge to property is requi~ Io b~ covered by a standard aH-risk policT, reprdlms of whether such insurance is carried er not, or if so carried, regsrdless ofwiu~her such insurance is payable to or protects landlord w Tmaflt or both m' regardle~ of which party is reimbursed; and J.~ndlerd and Tmmt ench hereby respecgvely waiv~ all r~4~t ofreeovery 81~nf the other, its night~ employees, subl~an~ JimMe~ and n_qql~nces, fro' nny sm:h loss or fur dm~nag~ to the property. Nothing eontMned in this Section, shall be conmued m lmpo~ nny other or grente~ liability upon either Landi~d or Truant than would have existed in the absence of this Section &2(e). Eneh of the I~'fies shall notify th.ir respective insman~ nurior that tho fur~goins waiver is contained in this Lease and d~II requir`* such mn-kr to include an approp~te waivm' ofsuiro~on provis~m in its poli~es. c. Additionnl Hazards. Tenant GOVonants and agrees that it will not do or permit onything to be done in or upon the Premises or bring in anything er kee~ anything thcs'eh which shall increase the rate ofinstnno~ on the Premises er on fbe other buildings above the standard rote on said Premises and buildings, with a store of the type descn~oe, d in Section 6.1 located in thc Premises; and Truant further agrees that in the event it shall do ny of the ftregoing, it wiD promptly pay to Landlord on deznand any such incrmse resulthg thercfiem which shah be due and payable as additional rent bweund~. ~/n~'4 q~qI £ga 999I £9L ag:gI EGI~JE-6I-D3~ TENANTS IN$~ POLICIES Sm~on 8.3 b. Tenant's failm'e to provide and keep in force the hsurmce required herein shall be regarded ss a maz~ default entitling Landlord to ex=c/sc any or ell ofthe remedies in thc event of a default un(kT d]Js Least. Can-yang thc ]rmugxd insunnce shall in no way be construed m cid]eT a limitation er setisfaoti(m of the hold bk.,less or indemnity prey/s/em ;~ltained h this Lease. la d]e evmt Tenant shall not obtain an) of thc insure)ce required to be obtabed hereunder, Landlord dudl hvc thc right to obmb such inaurune= Et Tenant' s bdmlf Etd Tenmt shal pay to Landlord the ooet theTeofupon fight to review armually 1he ~;rm, substance Etd Ih-ts ofall T~m-qt ' s inmrance requbed hereunder Etl TenEtt shall adjust its innganee re(FuJred heTeunder Etd/or increase the limits d]eT(mfas Landlmd ah, Il deem rmsmabiy neteMary. ARTICLED( UTILITIES CHARGES SecUon 9.1 DAMA(iE BY ~ OR OTHER CASUALTY NOT~CE~_~__ IO.I n. Tenant shaU 8ire itnmediaze written notice to Landlerd of any damage caused to the Premises by fire cf- other mama. PARTIAL DAMAGE Section 10.2 a. In the event tbaz during thetenn hereof the Premises shah be par~aHy chLmaged (as dlsfinlptJshed from "substantiaJly damaaed" as that t~n) is bereinafleT defined) by fire or other casualty, Landlord shall, not Inter than sixty (60) days afar the date of such f~ er other casualty, proceed to eonunenee repair of such damqe and restore the Pranises to substanthlly its condi§on at the ~ne of such damage subject to zmin~ laws and building cc~les then in exlstenct Landlord shall cunplete such repairs subject to any delay, which may r=ult from any cause beyond LEtdlord's reasonable conu'ol. TenEtt agrees that, promptly after completion of such work by Landlord, it wiH proceed wld] reu(miMe diligence az its sole cost and expmsc torestore its fixtures, equi/nent nnci imfrovunent~ and m-lnvunlm'y the Premises for r(mpening to extent that tenant deems reas(mable and puotiad for its business. This lease shall continue in full force and cff~ot during my such period of repair nd regtomtinn. SUBSTANTIAL DAMAGE Section 10.3 a. In the event that during the term heTeofthe Premises c~ Building shall be substantially dmnqod or ~ by fire of' otheT casualty, Landlord shall have the right, to be e0ceTcised by wrjttm notice to such effect delivered to Tenant within sixty (60) days are' the occurrence of such event, to tmninaze this lease. So long as said damage does not interfere with Tenant's ability to conduct business, TmEtt shall have the r~ght to co~filJue or tmninate this lease. If Landlord fails to firaely ~ive such notice of its elec~m to teTminaze, this Lem;e shall, except ns heTeinaReT provided remain in full force and effect, and Landlord shall, not htteT than sixty (60) days al~r the da~ of such fire or otheT casmlty, proe ~-,~l_ _ to eommeneo repair cr re-building of the Premises (or if the damage rela2s to otheT portions ofd]e Building, such p~rt/ons thereof as Landlord rmsonably determines are necessary to be repah'ed) to substEtthlly restore their cond|ti(m to Umt conclidon at Ibc time of such damage or demucdon subject to zoning hws and building codes then in e0cistence, but Landlord shah not be responsible for any delay 9S9T ~"9/_, ~S:ST L:~-Z,T-3~(I wit/th may result from uny muse beymwf Lundlortr s rmmmnble control. Temt shall restore purmmt to Section 10.2 (a).hereln. This Lease s~ll continue in full Rs'cc md cfl~ot during my such period ofrepnir and resturatim. ABATEMENT ~tiou 10.4 a. Taint agrees that during any period ofm:onslruction w repair of thc Premise, it w/Ii conthu~ thc operafim of its iminess within Premises to the extent pmcfimble. During the period from the occun'cnce of the casuaky until Lundlord* s repairs m'e cmnpJeMd, the Ihse Ren~ shall be reduced to neb extmt as may be fidr and reas~able under the ckcumstmce. If the Premises m*e untmmtable during such period of repak or restoration, Tmet*s Base Ret shall abate in its entirety during such period. DEFINITION OF SUi~TA~ DAMAGE Soction 10.5 Tho tam "substantled damqe" shall mom forty (40%) percent or more ofdamage to the Pr~Itises. ARTICIZ XI EMINEm' DOMAIN PARTIAL OR TOTAL CONDEMNATION Sectiou 11.1 a. If the whole or any pm of the Premises shall be taken by ny eminent domain (which shall include a voluntary sale or transfer under threat of eondmnrmfiou), Tonaut shall have no claim against Landlord nor shall it be ont/tled to my portion of any mvmxi for dmnages or otherwise, in the event only a portion of the PretllJses are taken, the lease shah ~ease as to ~e part taken md the ih~ ~ ldd~ooal rent, md other "th~rges due herein, shall be adjusted so that Tent shall be requked to pay for the bshnce of the tmn tbt lxrtion oft he rmt and mher mounts herein reserved wbldJ the value of the pm of the Praufses ranahinS aRer condenmaf~n bears to the value ofthe Premises immediately prior to the date of condmmifion. The rmfsi and other charges shsli be sppoftimed us afofemid by qreemmt betwem the ixtrties or by legal proc~gs, but pending such determinaliou, T, mmt shall pay K the time end in the manner above provided fhe rental hwein reserved, and all otha- chargus hcrcln requircd to be paid by Tenant, with deduc~. Ulxm such det~, Tmmt dmlJ be mimed to aedil for my mtcess rmtols paid. b. H~ however, by reason of the condemnation therc is not sufRdmt spaca left in the Pmmisos for Teuant to oonduct business in substantially thc manner h which it was being conducted immediately prim' to such takin& or the taking of parking md cmnmon area is so substantial as to rmder the Pruniscs unsoJtablc and unfit fur which they were rented, then md in such cvmts thc ~ shall terminate as of the dnte of title vesting in such proof. Although sll dm~ase0 b the evmt ofcondeumatiou bolong to Lendi~l wbctha' 8wa~ded as c(nlmmim b dLminution in value of the leasehold ~ to the. )~e of the Prerabes, nothin8 hwein JhalJ be con.~M to preveat Tmmt ~mn Olaimbg md recovering from the condnming authority such compmsatie as may be s~pm~tdy awm'ded or reovemble by Tenant in Tent's n right so long as any such award in no way r~duc~ landlord's award or cause s any liability to landlord.. ASSJGNME~T AND_SUBLETT~. G ~ONSENT REQUIRED .Seeb. *.on. i 2,] a. Teet may not assisn this Lease nd/ur sublet the Premises, Qf any pm thereof~ without in eath hstunce obtaining the writ~m cQnsent of Londlord, which will not be unreasonably withheld. The c(x~flt of L~dlofd to ~ LuJgnmet or sub)~g shall not consfitmo a waiver ofthe necessity for such consent to my subscqumt msignmet or sublctting. If ny subtemua er usisnee, pursunt to ny subletting or assisnmet in accorcImce with the I~'OVblons hereo£i$ obliseted to pay ony amount in exce~ of the Bese Rmt ond dl additional runt rcquiFcd to b~ paid hereundu- by Temt (h~nf~er "ex~css rcnt'), Landlord shall be cnLMcd to rccc~vc Bll cxccss r~nC £urdgr. in the evmt my tonsured to usisn~ or aubtmmt in.teds to use the Premises f~ my purpose (aher then that set foflh in Section 4.1 md Lmd]Qrd oommu to such me which shdl be in Lmdlord's sole diser~tlou. b. lfTeant assigns or sublets without Lsndlord's consmt, in addition to its other rights and rcmedics, Landlord shall have the optimt, in its sole discrction of temlionting thc Lms~. In thc ovont that Tmunt ahali sock Lndlord*s permisaJon to madgn of sublet, Tenant ,hall prov/de to Landlord the name, address and finanelal statemmt of the proposed nssiptee or sublessee and such other lnh~nstion as Landlord may require. If con,em for sublettinR, tunnnt shall remain oblinated undcr this lease. LEASE SUDORD/NATION TO MORTGAGES AND DEEDS TO TRUST Seodon 13.1 a. it is agreed that this Lease shall be subject and subordirmt~ to ny mortgngas ar u3tst deeds thnt may harentter be plneed fin the building, sm the leased pr~nises and to any and a/i advances to be made theremdor, ]md to the intwcst lhoroon, and all renewals, repbcesnents, modifications, consolidations and extrusions Ihereof~ provided the mortfl~ee er trustee namcd in said martgqu or trust deals shall agree to recognize lh~ said ~ of Lcssc~ in thc ~-vmt of foreclosure if Lessee is not thru in de.ult. Lense is also subordinated to lense between Oiobal Video. Inc. and tinrry Pa~iisoro. RIOHT OF ENTRY RI(ti-IT OF ENTRY ._q~v~,~q 14.1 t Landlord er LsndJerd' s a~mts ~ali ha~ ~bc ri~t to mtn' thc Pr~nim ~t all reasonable times to e~amine the i~,ue, including immediate mlry in the event of an emagmcy, ,nd to maJr~ such repairs, alterations, improvements er additions as Landlard may deem nmmary. Landlord may into. rapt er suspend the suj~y m the Premises of any services ofutiHtias where necessary until such repairs, aitentkm, im~mts ar add~tkm shall have been eempleted. b. During ~he six (6) months prior, to thc expiration of the Lease Term, Landlord may exhibit the Premises to prospective tennnts or purdmsers, and place upon the Premises the usml notiees "To Lct" er "For Sale" which notices Tenant shah permit to remain thereon without disturbmee. DEFAULT EVENT~3_OE TENANT DEFAULT a. The oeonrrenee of any of the following shall constitute an evmt ofdefnult bereondor: !. 'l'be filing ora petiflm by er against Tenant fa' adjudieatien a~ n bankrupt er insolvent, er for ~ teerganization or for the appointment reviver et mmee of Tenmfs property;, an assisnment by Tenant far the benefit ofcredjtm; or the talcing pessesslon of the property of Temmt by any govemmmtal ofltoer er agency putsoant to statutory authority for the dlssolu~en er IJquklafion of Tenant; or n filing by Tenmt for reliefonder the Bsnkruptcy Code. 2. Falim'e of Tenant to pay wh~ due any lnsmllmmt of trot h~. ~dor or any other sum herein to bc paid by Tenant. Tenant ~hall hsve tm (10) days to cure said dehult upon m'ittm notice by Landlord to Tenant. In the event Truant is in default for failure to timely pay said sums, in excess of two (2) times in my lense year, written notice shall not be required by Landlord in order to pursue my ofLandlard' s rights and 3. Vacating or deserting the Premises or permitting the same to be empty and tmoccupied. 4, Tmnnfs removal er attempt to remove, er manifesting an intmtion to remove Tenanfs goods er propmy fi~0m or out of the Premises otherwise than in the ord~ry and tmml course of business without having first paid md satisfied Landlord for all rent which may become due during the entire ternl of this lease. 5. Tmant's failure m perform I or my other covenant or condition of thc Lease within thirty (30) days af~ notice, LANDLORD'S REMEDIES Seotien 15.2 a. k: the event [,ess~ defaults as hereinabove provided, ~ a~m to ~ ~ ~ md ~im a~able ~ law ~ ~ ~ ~ ~s~ ~ ~is ~ ~ ~! ~ have ~e ~ ~ do ~ ~ m~ o~ ~ ~ m~ ~ ~g: .~. d~Ee d~ md parma ~d ~e to r~ m~ trot ~ all ~h~ ~g~ d~ ~d ~bie ~ ~m to !~ incl~E ~t ~ be '~ ~ of~s ~ ~d aU ~ md ~mi~ims ~ov~ ~ ~i~ ~ la~ 2. m~ ~e Im~ ~ md ~ ~ ~d ~! ~y ~ ~ ~ my ~ laxly s~J~ m ~m~ Lessee hereby empowers any attorney of any court of record to appear fi~' it ~ne or more time~ and to tnke on ks behalf any or.nil of the actinn! described in this sectim including the entry ofjudgment of confession, a~reemmt or otherwise. MISCELLANEOUS PROVISIONS HOLDING OVER.Se~._'~ 16. I '; a. In the event that Tennnt shall' eontinu~ to occupy the Premises aRer the expiration of th, terln ofthia lense m' nny renewal'~ol~ said tenan~ shall be emstrued to be a tenancy from month to month at a rental equal to one hundred f~y I~lf~N) pertznt of the Base Rmt herein Sl~eified then bein~ paid by Tenant, whJ~hevn' is greater, plus ali additional rent md upon all of the other tmns md conditions herein contained except where same arcnet applicable. ENTIRE AOREEMENT Suction 16.2 a. This lease constitutes the sole understanding of the parties hereto add ~ mnendmmts er additiens shsdl be ef~-'ctive rely when reduced to writing and si~ned by the Im~es bmr. NOTICES S~Jm 16.3 n. Legal notice wherever providod in ~his Agr~rn~nt, by statute or c~nmon law shall I~ t~ ( J 0 ) days in advance of any Woceedinp and shall be ~iven to ~ by mailing a copy of said notio~ by certified marl (a~ ~t fmh in the Summary). /.eR Blank EECONDINO ~z:tion 16.4 SECURITY DEPOSIT Section 16..~ a. Tenant, e0ntempnmneously with the ~xemtim of this Lmsc, has deposited with ~ndlord to Landlord's a~ent, the security deposk set fzs~b in the Summary, receipt of which is hereby n(:knowledged by Landlord. ~ald deposit shall be held by IJndlord, x~heut liability for interest, as se~rity for the fnithfnl perfmmance by Tennnt of aH the t~ms, covenen~ end conditions of this ~eme by said Truant m be kept and perftwmed during the term hereof. b. ]n the event of the &ilure of Tment to keep and pwform any of the terms, covenants, and condltkms ofthls Lense to be kept and performed by Tenant, then Landlord at Rs option may approprime and apply said entire deposit, or so much thereof as may be necessary, to (x~pensate Landlord fur loss or damage sustained or suffered by Landlord due to such breach on the pert of T~nent. Should Tenant onmply with all of said terms, covenants and eanditkn]s and Worn. ptly pay all of the rmtal herein provided for as it falls due, and ali oth~ sma payable by Truant to Landlord hn~em~der, the ~d deposit shall be refunded in full to Tmnnt atthe end ofthc term of this Lease., or upen Ihe earlier termination of this l.case. 9S9~ £9~. n Tenant shall have the right to extend tbe Lease TR~I for ~be cemecuflve periods ofyemz se~ forth Jn ~he Summary u;mu d2e same tenn-* nnd ~nd~ns ns emmtinad in this lense, at the Bs.~e Rmt and C.A.M., otc., set Rs~h in the Summary provide: (D this lease not been previously terminated pursuant to its tmns, and (ii)Tenmt is not and has not ~t mty. time been i~ default under any ofkA covenants, obli~tim~s md a~'eements ruder this .Lease, and (iii) Tenet glve~ to Landlord writtm noti~e of its intentien ~o renew th one hundred twemy (120) day~ prior to the ex'pira6on of the Lease Tenn. IN WITNESS. WttEREOF THE RESPECTIVI~ PARTIF.~ ItERETO HAVE CAUSED THESE PRESENTS TO BE SIGNED, SEALED AN[ DELIVERED ON THE DATE FIRST ABOVE WRITTEN. THIS LEASE MUST BE EXECUTED FOR TENANT, IF A CORPORATION, BY ANY PRESIDENT OR VICE-PRESIDENT AND ATTESTED BY ANY SECRETARY OR ASSISTANT SECRETARY, UNLESS THE BY-LAWS OR A RESOLUTION OF ANYBOARD OF DIRECTOI~q SHALL OTHBRWISE PROVIDE, IN WHICH EVENT A CERTI~ED COPY OF THE BY -LA WS OR RESOLUTION., AS THE CASE MA Y BE, MUST BE FURNISIdED TO LANDLORD. THIS LEASE MUST BE EXECUTED FOR TENANT, IF AN INDIVIDU~S), BY EACH INDIVlIRJAL(S) AND EACH SIGNATURE MUST BE WITNESSED, THE TENANT, ERIN MOLfL, AOREES TO PERSONALLY OAURANTEE AND BE FEKSONALLY RESPONSIBLE FOR ALL RENTAl AND C.A.M., INCLUDEINO TAXES AND INSURANCE PAYMENTS DURING TItE LEASE TERM AND oFrloN PERIOD. THIS LEASE MUST BE EXECUTED FOR TENANT, IF A PARTNERSHIP, BY A GENERAL PARTNER AND EACH SIGNATURE MUST BE WITNESSED. WHENEVER LANDLO~ IS REFERENCED rr SHAI.r. BE LrNDEi~TOOD 'f'HAT GLOBAL VIDEO, INC. IS THE MASTER TENANT. BARRY L. PA~3LIARo IS THE OWNER/LANDLO~, AND OLOBAL VIDEO, INC. IS ~JItLETTING TO ERIN MOUL. THE TENANT ALSO ACKNOWLEDGES THAT TENANT IS SUBJECT TO THE MASTER LEASE FOR PROPERTY OWNER, BARRY PAOLIARO, TO LANDLORD HEREIN.. OLOBAL VIDEO, INC. TENANT(--'~ '"' ,,. . Tide: Print or Type Name: Title: Date: 9S9T £9~, I~S :St Witness: Name: Y Title; NOTE: gotlnnm, Schubert & Reed Realtm's~ (RSE) and CIR eoopentul m this transa~on. Olobai Video, Inc. has agreed to psy a five ($%) percent brokerage fee yearly, in ndvmice, for tho I~tse rent rally, plus any renewals. The flsa wlfl bm split .~ each w/th CIR and RSR. Tenant shall be responsible at hheir expense to obtain any permits m' aMn'Ova]s ~om any govnmmmlai body fur any wm4t necessary ~o open and operate their business and shall secure ozcuimn~y pmnits and will place utilities in their nmne. 0CT-17-20(0 1 ?: 52 FROtt Nfl! Clt~ P.01/0~ Global video, Inc. Pbj]edelphia, PA 1~148 Please azoe~: ~ ~ as aut. h~n ~o~ ,~rin ldotO dba Cover m'Cove~. Boo~ m have e~Jusive lmrkiaf~ rights for*.be four (4) spaces directly in ~om ~ her eolte f~ d~e dum6xm of her lease. If you have any questions, please call Ida McMurmy i~ Bill Rothmen's absence~ TOTAL, P. Gl September 27, 2002 Global Video, Inc. 2740 South Front St. Philadelphia, pa 19148 Dear Scott, This letter is to give you permission to sublet space at Hartzdale Drive. The intended use is Used Book Store & Coffee Shop. Glad you could rent the space so quickly. Sincerely, ., · '' "1' ' "'",/"- ~' "-~*'1' - ..! .:.. .. ."'.' Former Restaurant; · . ,Extrema Sout,be~l Po.r.'tion of · .. ... //- · ,:." ,"';.,.. · .:'. , i. . . , , ' · !' . './: ,:" ...... : ....... ".'' ' ,:'...!' ".t" ":' 'i;2' .... ". ,., I' i". ' "' "'. ' q't";<.',"~.;" .<~ '..'. '~ .':: ',;.";,.:~i,":~¢q,~,"(~. 'a 'i' :':"r; ...... C',.' ..... F ' "":' :' · ..j; . ~..,~- .. ;,, · i.'~ , . '.r..,,;.,:,.',~.~: ,,~... ,,, .... ~,,....! ..~:,., ~ · '.. ..... "::'7 02/19/2003 14:21 71784~4999 PAGE 03 VERIFICATION I hereby verify that the statements in this Complaint are correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Global Video, Inc. By: Scott Herman OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (717) 240-6195 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: Global Video, Inc. versus Defendant: Erin Moul, d/b/a Cover to Cover Books Judgment No.: CERTIFICATE OF RESIDENCE PA R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: 2754 South Front Street, Philadelphia, PA 19148 AND CERTIFY THAT THE LAST KNOWN ADDRESS OF THE WITHIN DEFENDANT IS: 16 West Main Street, Shiremanstown, PA 17011 Sign~~Fili~g~ Party Audrey E. Woloshin, Esq. ID No.: 43531 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GLOBAL VIDEO, INC. Plaintiff(s) VS. NOTICE OF FILING JUDGMENT ERIN MOUL, dPo/a COVER TO COVER BOOKS () Notice is hereby given that a Judgment of Ejeetment in the above-captiq~t~..d ~natter has been entered against you in the amount of on ~ ~g& ,2003. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Pr2~vil'~Di~. ~ If you have any questions regarding this Notice, please contact the filing party: Audrey E. Woloshin, Esquire 119 East Market Street York, Pennsylvania 17401 Telephone: (717) 843-8968 (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: Erin Moul, d/b/a Cover to Cover Books 16 West Main Street Shiremanstown, PA 17011 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GLOBAL VIDEO INC VS MOUL ERIN D/B/A COVER TO COVER CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE was served upon MOUL ERIN D/B/A COVER TO COVER BOOKS the DEFENDANT at 3401 HARTZDALE DRIVE CAMP HILL, PA 17011 ERIN MOUL , at 1515:00 HOURS, on the 6th day of March , 2003 by handing to a true and attested copy of CONFESSION OF JUDGE together with WARRANT FOR EJECTMENT, CERTIFICATE OF RESIDENCE, RULE 236 NOTICE FOR EJECTMENT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /3~ day of So Answers: R. Thomas Kline 03/07/2003 KAIN BROWN & ROBERTS uty' Sheri~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLOBAL VIDEO, INC., Plaintiff, CIVIL ACTION - LAW No. 03-870 CIVIL TERM ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant. CONFESSION OF JUDGMENT PRAECIPE FOR WRIT OF POSSESSION UPON CONFESSED JUDGMENT To the Prothonotary: Issue writ of possession upon the judgment in ejectment entered by confession in the above matter and take possession of the premises known as 3401 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania (the suite between Enterprise Car Rental and Excitement Video). Certification I certit~ that (1) This praecipe is based upon a judgment entered by confession, and (2) Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record. KAIN, BROWN & ROBERTS, LLP I.D. No. 43531 119 East Market Street York, PA 17401 Attorneys for Plaintiff, Global Video, Inc. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: MAYRE ERIN MOUL, Debtor GLOBAL VIDEO, INC., Movant, Chapter 7 Case No. 1-03'~z~l O ~Z~/l MAYRE ERIN MOUL, Debtor, and LEE HALLER, Trustee. ORDER MODIFYING AUTOMATIC STAY §;}62(d) AND NOW, this/~ ~ay of May, 2003, upon the presentation and consideration of the within Stipulation for Entry of Order Modifying Automatic Stay Under §362(d), ITISHEREBY ORDERED AND DECREED that the Order is granted and the Automatic Stay of all proceedings as provided pursuant to §362 of the Bankruptcy Reform Act of 1979, as amended, 11 U.S.C. §362, is modified with respect to the premises located at 3401 H?tzdale Drive, Camp Hill, Cumberland County, Pennsylvania, so as to allow Movant to execute on its judgment in ejectment against Debtor entered in the Court of Common Pleas of Cumberland County, Pennsylvania and indexed to No. 08-870 and to take any legal action for the enforcement of its right to possession of said premises. The effective date of this order shall be 12:0al a.m. on May 12, 2003. The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. D. FRANCE Bankruptcy Judge THE UNITED STATES B~UPTCY COURT ]FOR THE lvlIDDLE DISTRICT OF pEN-NSYLVANIA re: MAYR.E ERIN MOUL, Debtor GLOBAL VIDEO, INC., lVJ[ovlttat, M_&YRE ERIN MOUL, De[nor, and Trustee. Chapter 7 Case No. 1-03-~21F ooo a /l STIPULATION FOR ~TRY OF ORDER MODIFYING AUTOMATIC STAY 1.1ND~ §362(d) .dJV'O NOI~, comes GLOBAL XrlDBO, INC., a Pennsylvania corporation (Movant), MAYKE ER.Eq MOUL (Debtor) and T ~F3~. I-I. ALLER Cfmstee) and enter into this Stipulation for Entry of Order for Relief from Automatic Stay Under §362(d) of the Bankruptcy. Code. In that regard~ the parties to this Stipulation acknowledge and agree that the following is a true gtaternent of the facts: 1. Debtor is MA.~ ERIN MOUL, a competent adult individual with an address of 16 West Main Street, Shiremanstown, Cumberland Cotmty, Pennsytvartia. 2. Debtor filed for relief pursuant to Chapter 7 of the Bankruptcy Code on April 14, 2003. 3. Iviovant is GLOBAL VIDEO, [NC., a Pennsylvania corporation with a prbacipa/place of business located at 2754 South From Street, Philadelphia, Pennsylvarfia. 4. LEE I-tAI.I.ER is the Trustee appoimed by this Court. 5. Pursuant to a commercial lease agreement, Debtor leased the premises located at 3401 Hart. zdale Drive, Camp Hill, Cumberland County, Permsylvania from Movam. 6. As a renault of Debtor'S failure to pay rent and comply ~th other te~ a~r~t M~I o~ained a jud~m~l i~ ei~t ~an~ De. or p~suant m ~ Celestion cf lud~t ~on ~ed ~ ~e Co~ of C~on Pt~s of Cumberl~d Coup, ~dex~ to No. 03-870. 7. Mov~ wishes ~o proce,d to have Debtor removed ~om ~¢ abov~des~b~ pre~s~ because of Debtor's ~l~e to m~e ~e mont~y pa~ts req~red ~d~ ~e le~e a~c~ent, ln~t~ a w~n~s to vacate ~¢ pr~s~ no later thru ~ t t 8. De. or h~ .... ~, 2003. 9. Movam md D~mr sfip~ate ~d ~ee tMt ~e automatic ~y ~ proxqded ~ ~362 of ~e B~ Code sh~ r~ in ~ force md ~t ~ md~ on ~, 2003. 10. Movmt ~d Debtor ~her ~pulate ~d ~ee that t~ ~ is ~ofized to ent~ ~ ~d~ modi~g the ~omtlc my d~five 12;01 a.m. on May ~ 2~3, to prat Merit m ~orce its jud~t in ~hr~ent a~ De. or. 11. The p~es ~e that a faos~e si~a~ sh~ be ~d~M m ofi~ si~a~. Date: ~. 2003. Thomas D. Gould, Esquire Attorne7 for Debtor Trustee ~' ) Mayre Erin Moul Debtor WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) GLOBAL VIDBD, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-870 civil Term vs. ERIN MOUL, d/b/a COVER TO COVER BOOKS No. Term Costs Att'y. $ 72,1~ Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: GLOBAL VIDEO, INC. Plaintiff (s) being: (Premises as follows): 3401 HARTZDALE DRIVE CAMP HILL, PA (the suite between Enterprise Car Rental and Excitement Video) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date June 12, 2003 (SEAL) Curtis R. Lonq Pro~onomry, Common Pleas Court of Cumberland County, Pennsylvarfia Deputy By virtue of this writ, on the 30th da3.' of July I caused the within named Global. Video, Inc. have possession of the premises described ]~tl~lig[~rru~ga~;~Y~ilg Camp Hill PA 17011 3401 · _ 2003 Hartzdale Dr, , to Sheriff's Costs: Docketing Poundage Proth Service POSSESSION Surcharge_ 18.00 1.80 1.00 2O .7O 30.00 20.00 91.50 Sworn and subscribed to before me this day of ~ ~ Prothonotary Advance~iosts:_~ Sheriff's Costs: 91.50 58.50 Refunded to Arty on 8/1/03