The URL can be used to link to this page

Home My WebLink About03-0871IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA- GLOBAL VIDEO, INC., Plaintiff, Vo CIVIL ACTION - LAW No. 03 --77/ ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant. CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant, ERIN MOUL, and confess judgment in favor of Plaintiff, GLOBAL VIDEO, INC., and against Defendant as follows: Principal Sum $ 61,230.00 Other authorized items: Late Charges: $ 705.00 Total: $ 61,935.00 Plus interest at the rate of fifteen (15%) percent per annum pursuant to the terms of the Lease Agreement. KAIN, BROWN & ROBERTS, LLP I.D. No. 43531 119 East Market Street York, PA 17401 (717) 843-8968 Attorneys 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 No. C)3 - o~''] l CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: ERIN MOUL d/b/a COVER TO COVER BOOKS, Defendant A judgment in the amount of $61,935.00, plus interest at the rate of fifteen (15%) percent per annum pursuant to the terms of the Lease Agreement has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent you money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE 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. W 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 Audit e~~~re~(~~ 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 ERIN MOUL, d/b/a COVER TO COVER BOOKS, Defendant. No. 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: bo 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, covering 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 of fifteen 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 rights 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 "declare due and payable and sue to recover unpaid rent and all other charges due and payable by [Defendant] to lessor including rent for the unexpired term of this Lease and all costs and commissions provided or permitted by law..." 20. Article XV, Section 15. l(b)(3) also authorizes Plaintiff"to lease all or any part of the leased premises to any other person with or without first altering the same." 21. By virtue of the default set forth above, the amount now due and owed under the Lease Agreement is $61,935.00, which includes the past Minimum Rent, past Additional Rent and late charges incurred from December 1, 2002, to the present, as well as the remaining base rent and additional rent due under the remaining terms of the Lease Agreement. 22. Article XV, Section 15. l(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. 23. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 24. The Lease Agreement has not been assigned. 25. A judgment has not been previously entered on this Lease Agreement in any jurisdiction. WHEREFORE, Plaintiff, GLOBAL VIDEO, INC., respectfully requests that judgment be entered in its favor and against Defendant in the amount of $61,935.00 plus interest at the rate of fifteen (15%) percent per annum and costs of suit. KAIN, BROWN & ROBERTS, LLP I.D. No. 43531 119 East Market Street York, PA 17401 (717) 843-8968 Attorneys for Plaintiff LANDLORD: G~oba~ Video, ~ By: Scott Hmnnn 2754 South ]:mnt Philndelphis~ PA 19148 By H~ht ofsub-k~ing i~. ~m~r Bray L. Paf. liaro TENANT: Edn Moul ~[ ~ 16 West ~ Smut ~ PA 17011 BUIU)ING ~TION', 3401 Hattzdale D~iv~te between ~s~ Car Rental and Excitement jdeo, ~TATE: Penn~, 17011 EXHIBIT LEASE AO{H:.RMENT This lea.me made mm the 25 day of September 2002, by nnd between Gielml Video, Inn. herein nailed "Landlord", Erin Maul herein called "Tenant", SUMMARY OF LEASE PROVISION 1. Noflse Address: Landlord: Tenant: 16 West Main street, e~nlV~s~, PA 17011 CopJesofnlinodee~tobesenttoldaMcMmvnynt: POBox8910, Caml)l~ii, PAlT001 )10 Tenant's BMMin{ Name and Address: N/A 4. Tenant's bniMing Shine: N/A $. Square footage of Tenant*s space: 3,600 6. lest- Coumencemnt l~te: ~ 1, lnldnl ~ Term: 2 years lnitinl monthly CAM, Tam & luamnee payment: discretion. Landkrd is lhrry Pqlhro. 9. ~uHly l)epoBIt: $1,800 S$5~ mmtMy, C.A.M., Taxea, and insurmee is subject to tnerease pet lmdlm'd's 10. BnseRentSeheduk: YR 1: ~ISF = S21,600.00ANNUALLY: $1,800.00 =MONTHLY: $.00 YR2:$6.401SF-S23,280.00 ANNUALLY: $1,940 ,,,MONTLI~.: S YR 3: S /SF -ANNUALLY: $ ,~MONTHLY: S 11. Annual EscM,fl~us: N/A 12. Dm At Lease .qilnin~.. Security Deposit and First Months Rent TOTAL $3,600 t3. Uua: Coffee Bar and Used Book Store 14. Opflm te Renew: Wilhin 120 da~s of*e~ph'~on - 2 ye. ar option to n~ew - Yem' ! of option (~ $? pet foot er S7.100 immtbly- Y~m* ~ ~ $7.40 per f6ot er ~2,220 monthly, plus C.A.M., raxe~ and imurmce. :~')'.;,; ~djjl~,~il GRANT AND TERM PREMISES. Section 1.1 a. In eonsideratJon of the rents, covenants, and ngre~nents herein reserved and oontahed on the part of Tenant to be observed end performed, Landlord does bereby lease and demise unto Tenent and Tennt rents from Landlord the portiun of the Imildin& which portion is heteM~cr referred to as the Premises, shown as the arm crosshatched md labeled Prmnises on the site plm labeled Eathibit !. b. The use and oeeulMtion by Tenant ofthe Premises shall include the use in cormnen with others entitled thereto of the commen msts~ 3 parkin~ spaces, service roads, loading facilities md sidewalks substantially as shown on Exlu'bit I, and other facilities as may be designated ~ time to time by Landler~ ml~eff to the terms and ~cs~fHtJom ofthis lea~ and to rensnrmble rules and reguhfinns for the use the, anfas prescribed from tbne to tbne by Landlord. c. The Pi-anises are demised subject and subordinate to aH eumm~ances, easements, reciprocal e~emant agreenents, if any, reslrictions, eontracmai obligatkms, eovenams, zoning laws and ~ta] or any aha' regulations, now or heresltn' t~ecfing er aoverning the building. d_ This Len_~ A~rcement and nil amendments thereto shill herein eolleeflvely be related lo ns the lease. 8' 'l=ne term °f this Lalse and renud payments shall c°mmmce on 1 i*'J'h'tOmOb01b4eq300~Lub' '-J:,~o d~bo~' , ~,oo'z.=,. ~ ~'~:"'"~" b. The term of this Lease shall exp~e on the date which is the number of yen~ months md days, hereinaRer referred m as the Lease Term, subsequent to the Lease Commencement Date as is set forth in the Sunnaary. Said expiration date is ha~.innRn' referred to as the Lease Expbatim Date. This Lease Term shall Include any extensions of samo as may be provided for hm~in. LEASB Y~AR Section J.3 a. Thc tam lease yur as used hcrcin shall mean at period of twdve (12) amseentive full calender months. The first lease year shall c~mmence ~ the Lease Conuneneement Date if the Lease Commencnnent Dato shall _ec~__~ on ~e frst day ora ealendar menth; if not, then the first lena ycet shall ~mnmence on the first day of the calmdsr month next followinE the Lense Cctnmm~t Date and the first lease year slmll indu~b the additional days from the Lease Conuneneement Dato through the first day of the first lease yea~. F. ach su~mlin8 lease year shall eonunenee upon the mmiversm7 date of the fn~t lease year. ~AI~_~c~._E II MINIMUMRENTSeffion 2.1 a. Tenant shall pay to Landintd fixed nnnunl minimm trot hereinafter referred to as Bnne Rent, in equal monthly in~lallments in advance, on the first day of tach calm(hr month, throughout the tonn of this Leane, without any prior demand and wJthoat any deduction or sm-oil, at the ofllee of'LAndlord er at such other place as Landlerd may desisnate bJ w, ;G~8. Base Rent shall be as set ferth in the Summm'y. b. The first monthly.installment of Base Rent shall be paid on the date of execution hereof and shaH be appUed to the lbse Rent due for the fir: full month of the lease tefln. Lendlerd shall subsequmfly bill Truant for the first paflial moudL, if any, of the lease tmn (in the event the Lease Commencement Date is not the first any of a month) such proportion of thc menthly installmmt as the nmnber of days fi'om tho Leaso Commencement Date ti~'ough the last any of said mmth bears to the total number of days in mid month, and such month)y installment shall b~ due en the first day of the next msuing month, along with the next monthly installment, arai subsequent monthly installments shall be due in advance on the first day of each msuing.¢alendar mcmth of the Lease Term. C.A.M., Taxes mid insurance S5~5.00' - Monthly - includes taxes, insurance (imilding only), lafldaflph& mow removal, I~vla/e repair, and roof. Tcmmt to provid~ own amtcnt insurance. There is not a sprinkler sysmn. *Subject to docum~ted ~ncrc. ase~ presented by Barry Pa~liaro to Global Fideo, I~c. and then fo tenant. LATE CHARGES Section 2.3 a. Tmmt hereby acknowledges that late payment by Tenant to landlord or rmt md other sums due h~'eunder will cause Landlord to incur costs not contemplated by this Lease, the exact mount of which will be mctrmJely difficult to ascertain. Such costs include but are not Ihnited to, processins and accountini claries, and late charges which may be imposed m Lmdlord by the twins of any m(wtgage or Deed of Trust, covering the Premises. Aeeflrdhgly, if any immliment of trot or my other sum due from Tensmt droll not be r~_~;ved by L~dlord or Landlord's de~isnee within tm (10) days Lqer such amount shall be due, Truant shall tayto Landlord a late charge equal to tm (10%) percent ofsueh overdue amount md ~bereMter sueh overdue amount shall accrue interest at the rate of fifteen percent (15%} per mmmn mdi paid in full. The pm*ties hereby agree that such late charge represents n fair and reasmable estinmte oflbe colts Lmdl(~d will incur by reason oflate paymeat by Temmt A___~eceptance of such lute dutrlle by Lsndlm'd ~ in no ewmt omstilute a waive* of Tmmes detroit with resTm to such overdue mount, nm' prevent Landlord from exereL~ng any of the nther rights and remedlm 8rmmd hfreumlfr. INIIT~AL.CONSTRL~ON _A_ND $_ .I.~.qROUENT AL .TF. RATJO~S_LANDLORD ALTERATIONS Section 3.1 a. NotwJthstandlng an3~hing set forth jn this Lease to the contrary., Lsndlord reserves the fight any time eilh~ before, dtrh8 w ~ the initial conslructim thereoK me or more times, fur itself and any oMm' or owners of the Buiidlne~ to: I. build additimal building(s}, parking fneilities and othe~ tmWovements and to change the Iocatim o~ character of or reeonfi&ure all building(S}, improvemmts md linens fmUties; 2. make tlta'atims, expmsions er mlditimts to the Building md enmmou re'cas md/er to build an addtfiemJ story ~' stories ee the buJldJns(s}; 3. add 8ddidemM entrmccs md ezJts frem lhe buUding(sh 4, provide for addMenal Imdse~pjng, 5- add er cbmge mJsns to the bu~idlng(s} and/or fucilities mrmunding 1he buJldins(s}; 6. mske chauges required by state, federal or ioml authorities md; 7. make clumgcs which uppadc er cnJumGc thc appcarmee of thc building(s) or other hlnmunmts. TENANT ALTERATION~ ~_~_ nn 3.2 a. Tenant shad not make any alteration, addidou, repair or improvement to Ihe Premises, except as othe,xvL~ permitted herein, without the prim writtm approval of LandJord. Any equipmem, machinery, ef utilJtiea required by Tenant hi addition to those provided by f ~mdlnrd shnlJ be installed with the prim' writtm approval of Landlord- All such alterations, additions, repairs, improvemcnts and installatlmm ifpmniUed, shah be at the sole eost and, expmse ofTen~nt, upm the Lease Expir~m date, TermJt shall at Lmdkwd*s electhm, restore lira Premises to conditlor) mrjsting prioF to SUCh alteration or imwovunents, at: Tenaufs sole cmt and expense, m'dJnary wear and tear cxecpted. ...... .~ o,"oT ~'o, c~gT ';'92, Oc;:c;T ARTICLE IV ~ONDITION8 OF USE- OCCUPANCY AND CONDUCT OF BUSINESS BY TEN_AN'I: U~E OF I~I~MISES Section 4.1 a. Tenant shall opm far the full conduct of business sad occupy Promises on or before the dam set ~,..~. in the S, mm~y, solely for the purpose and use set foflh in the Smnmary, and stroll oonduet ca~G~-,aously in the Premises the business above stated trader Ihe trade name set fi)fib in th Summary. Tenant shah not use or pmnit, or suffer the use of the Premises for say other business or purposes. COMPLIANCE WITH LAWS AND REGULATIONS Section 4.2 a. Genera] ObUgationt Teoant shall at aH times maintain and eenduct its business, at Tenant's sole cost and eq~ense, insofar ns the same relate to Tmsat's u~ md occupancy of the Premises, in 8 lawful manner, and in strict compliance with nil federal, slate end local governmental lnws~ rules, reguMions, the .Boml of Health, and orders and provisions of Jnsuranee underwrites applicable to the bushess ofTenmt eonducted in and upon the Premises. now in foroe or which may hereafter be Jn force. b. Cmnplianec with Envh~mnentaJ Laws I. Tenant shah comply with all applicable federal, state and local euvironmmtal laws, ordinances, orders or rq,,ulnfiens nfb:~in8 the PmnLqe.% tho environmmlai Jews, ordinanees, ordm or rq,,uladons affe~in~ the Premises,. the opar. fien of Truant ' s bu~nen atlbe PmnJses, the tee the Promises, or the removal of saY hazardous substances er nm ho-~dous substsaces there ~tn, as now or hereafter defined. Notwithsmding anything in ~ lease to the oontrnry, Tenant shaH not withm~t Landlord' s Irior written esasmt mid subject to rm__~nable eonditimls impeaed by Landl~d~ plaee or permit on the Premises or otharw/se use., store, manufacture, pr _oc~___ or dispose of any oH, pease or hazardous substances regulated by public at~thority. 2. Tenant shall permit no on-site disposal of say oil, grease, er hazardous substances. No hazardous or indttm'ini wastes, centmninated subntm~c~ or those resulting from mnnufacturing or processing shall be deposited in cenminers provided for trash removal. All ws~ mater/al (including Tmnnf$ enn~.tim or r~nodaling u~a~tes) othet d~m orclimry sanitary cnmmerclal bMh slmll be removed ~'om Prem/ses and properly disposed of in cmnplJmce ~ all applicable hws at Tmant's sole cost nmi 3. Tmsut do~ horeby agree to protect, defend, indmnnify and hold ~mdlord harmless o~ from and ngalnst all claims, ac6ons,; liens, demand% eom, expenses, fines, judsmmts, legal costs and attorney's fees remJting ~nJ or arising by rcasm of tho followin~ (]) my spills or contammtlm of air, soil or water by oil, grease or ha_ ~uxlom substsaees at er around the Pmnbes, if caused by Tenant, Tenant' Tenants operation, or upon mnaval th=c from; (ii) the Vioiatim of any environmenUd laws or reguhtions; er (iii)the Violation ofany provisions of Section 4.2. 4. Upon ten (10) days prior written request from Landlord, and upen mender of the Pr~nl~es to Landksd, Tesmm slulll execute, admowledge and deliver to Landlord a wrJttm statement iu ;~,,,,~ satisfuctory to Landlerd oett~ng that thn-e are no hazardous substenoes on tho Premises, and that Tenant has not disposed of any oil, 8tease or lm2mbus subahuce at the Premlsm and that any such substmees used, proeessed or generlaed at the Premises have been disposed of properly, md tlmt there exists no Violations of any environmmta] laws or tegulatims. I.EFT BLANK MAINTENANCE- REP AIRS AND SURRENDER BY LANDLORD Section 5.1 BY TENANT Section 5.2 a. Tensat agrees frnm and aRer the date that possessien of the Premises is delivered to Tenant, sad until the end of the Lense Term that it wiU b. Barry Pagliaro shall aoqube and maintain n service e~ntra~ f~r the repair and maint~enee of the hmUn8, ventiintion sod air conditioning systems. Pagliaro shall mako all repairs roquir~l fur the heatin& vmtihttion and air conditioning system. Temnt acknowledges that Barry L. PMJinro is the owner of the building nnd he is in ebarse of dl HVAC flmintenmoo not (31o111 Video, Inc. He em be renehed at 717-597-g347. e. The plmnbin$ facfli6es shall not bo'used for any other purpose thru that for whioh they are constructed, snd no foreipi substanoe of any kind shnll be thrown therein, and the eoqpense ofny breakage, stoppnge, or dnmnge resulting ~om n violation of this provision shall bo born of T~'nmlL d. In the event that my governmental regulatJom from time to time require emergency lishting to bo i-stalled in die Pranises, ibc inmU~on mid maintumnec of same, indudJns providing ofbnffeey power, shall be the reqxmm'bilit~ of Landlwd. e. IfTemnt refuses or neglscts tomake iu suite Fepuirs to property as required hereunder and to the reesemble m~sf~etien of Lafldlwd, tandiotd may mnke such .repnirs without liability to Tenant fur any loss m' dnnmge ~ may a~cflm m Temnt's merehfmdise, fixtures or other property or to Tenant's Insiness by reason thereof and charge to trent. SURRENDER OF I~3EMJSES Section 5.3 st. At the expiratimJ ofthe Lease Traat, Tenant shall surrmder the Premises in the stone condition as existed upen the completion of nil Tennnfs diffusers, filters or other equipment fur distribution of hinting and coolin8, and other perwns] property other O2sn trade fixtures, which have been installed by, far smd on belmlfofTennnk ~ the Premises, md whleh in any mnnner are attncbed to the floors, wnl]s or ceilings, droll become property of l.]ndlord upon the terminnflon of the Lene, m3d shnil remain upon nnd be surrendered with the Premises as a ~ fhereof without disturbenee, molestn*ian or injury unless Landkrd previously agreed to Tenants removal of such altermim, addit~n, improvemmt er fixture at the time of Ltmdiords approval. Any nttnched tile, llnoleum, etrpet or floer eoverin8 ofdmilsr ehnmcter shnH beoome properly of md fixtures without the prior written consent of'Landlord. Tenant's abhsatmn to oMerve or pe, twm other tmninatim oftho Leme Term. ARTICLE VI TAXES LANDLORD'S I~_I::$PONSILITY 5eGtion 6.1, a. Subject to ~-bobursoment as berelnatb~r provided, Bnrry Pagliaro shnll be responsiblo f~ the paymmt of nH gena"al and spooial taxes .and nssessments levied en the Building md all improvements conslructcd thereen, including commm arms located local improvements, water and sewer rents not besed on eomumption, and nil impositions nmrecurring ~ well as recmTin~ special or ex~m'dinary, femseen and unfuresem, and my nmv t~cs whioh may be lev/ed or assessed o~ Lmdleni m' t~e Building ~ upon 8rom rentals in lieu of~r in addition to the c~rrent real property taxa (r~r the purpose or deteminin8 such new tsx nd other Uxes resultins ~om the mlterntion of tho methods of twmtim, the Buildin$ ~ be d~md to be l,andl~rd's sole proplrty), md other sovenunenlal cbsrSes which may b~ hwfidiy chergod, ..sod, or imposed upon the Fei, pmpefl~ tnd im~.~J~ no~. ar .he~. ~.~.. ~m_~___ed ~___,er~an~.~1.u.iM~ =ich L~ndiord d~.ms exce~j~e, 14ad]oral n~y de~.r c~mpHmce ~h~ewith to the ~t p~mitwd by the rote I~s. ~dl~d m~y in good ~-4ith properly owner is paying razes tenanf a~e~ ~o ~ their pro.ara sham of the TENANT'S ADDY{'IONYd., RENTi~RO RATA SI..L~d~,E DBFTN~D ,T)~-tiun 6.2 Tenant shall pay own utilities and Ismdi~d will pay general costs of sewer, wat~, trash as pm ofCnmmo~l Ar~ Maintenance (CAM). Any interi~ r~pairs to to|lc'~ ~tc. sbaJJ I~ Tenams ARTICLE VII Pane 10 of 22 BU!LPlNGOPERATING COSTS BUILDING OPERATING_CO$_T_S DEFINED Saelion'7.1 "Building Operating Costs" ns used herein, shall mean nil emts and ~men~ of any kind or naUre which are noeesury, md are customarily incurred in operating and maintaining the Building as detn'mined by Landlm'd mid wh~h we, as detamincd by Landlord, remomble and appr~ for the best intermt of the Building. including, wi~out lim#atimts: ali oosts md expensms of opwat/nL maintaining~ Fepeiring, replacinjL li~llttn~, deln~, pnlffting, stripping, nd policin~ all c~mmo~ areas md all improvaumts tha=to (incJudint cx~ of uniforms, equipment, md all cmploymcm taxes); costs ofutllMes f~r the common ~ costs of all roof repairs; eom of all supplies; hsmm~ce premiums f~r ]kd~il~ lnmnlnee fro' persunai injm'y, death, and l~tq~ty dmnagg oosts of wurkmen'$ compensntien hstran~e covering personnel and fidelity bonds for persmmd; costs ofhsunmce asaimt iinbility fur dofnntati~n and claims of false arrest'_,~ee__~,~,~{~ in and nbout the efu,,m~n mens; costs for renoval ofsnow, ice., ~ and d~; monitoring office and semxrJty systems for cmnmmt areas; ~ fur resuimiem ofnuflJe; costs smd eapnaes ofrep __{,~m_ ent of paving, cur~ wuBcwuy3, iandseapinL drainage and lighting facilities for tho et,mmon areas; costs and expenses ofplmtins, replanting, md rephclng flowers and shrubbery and planters; all costs of labor, incJuding wages and mher peyments incl~ disability inr, nnee, payroll taxes, welhre, and Mi legal fees snd other emts nr cxpmscs in,maTed in rmolvinn my labor disputes; cost and expenses for the rental of mus{e prosram serviees and loudspeaker systems, inoluding furnishing elocuicity therefure;, 0prinlda' nmintmsn=e costs; costs for repair md Feplacernents and emu of service ~nm,cts fur th- heating, ventilafim md sir.txmditi~ing systems as set funh in .qcction 5.2('o), dsprodntJm of ~luipmmt usod in operatin{~ md mainuining the oummon areas andrent paid fur leasing any such equipmmt; depreciation ofnon-su, uennl capital improvunents; nnd ndminismttive costs equal to ten (10%)peromt of tho Building Operating Costs. Building Costs shall not tnchde: tod estate taxes as de0ned in Section 7.1; inmrdnce as described Jn Section 8.2; cmts of worb performed ezelusively for any other tensm in the Building othu'th,m work of-, kind and smpe which Landkrd ~ be obligated to provide to all tmfml~; leasing onmmissi,-,s and other expenses nnn'bulable solely to iensing of spare Jn the BMIding; emts ofrepair.q or rebuilding necessitated by condemn-tim; a. eom of capital improvements except as irovided above. TENANT'S PRO RATA SHAI~ OF BUILDING OPERATING COSTS Section 7.2 n. Tenant occupies 2~ of the building. PLACE AND MANNER OF PAYMENT OF T~NAN1'S PRO RATA SI-LARE OF BUILDING OPERATING COSTS, REAL ESTATE TAXES,' AND INSURANCE PRENflU1MS S==~k~ 7.3 a. Building opemthzg r. om me estimated to be $23.000. Apprmdmat=ly- Co, mum Ar~a Maintenanoe (CAM) "S555 Monthly - this may be iflcreased by the increase in taxes, insuru~ce, etc. ARTICI.~ VIII_IN~I.I~NCE I~d~LIC LIAbiLITY INSURANcE/INDEMNITY Seedce ~.I n. Tmanfs Liability Insxaf~ce. Tannnt shall, during aha retire term hereof~ keep in full force and effect a policy of¢omprchansive public liability insurance with personal injury and property damagc liability limits in ma arnomt not less than One Million Dollars ($1,000,000). The policy shnll name Landlord and Tenant as insm'ed and shall comply with Section 8.3 herein. Said policy shall insur~ any and all claims for injury or damage to persens or property or for ~e loss of life o~ ofpropert~ occurrin8 upon, in or about the Pranises and thc public l~s~ians of the Building a~in8 out of or in oonneotim with any act or omissi(m of Tmmt, its emplayces, agents, contr~tors, customers, and invitees. b. Tenant shall indemni~, defend and save harmless Landlord from any and all lizbllities, damqes, fees (including without limitafrm reasonable attorney's fees), costs, claims, suits or actions 8rowing out o~. (i) any b'esch, vioiafian or mmporfuflnance of any covenant, obligation, qreemont, turn or amdition in this Lease set fuflh and ammined on thepart of the Tenant to be fulfilled, kept, observed and performed; (fi) any damegc to ix~pcrt*y and any injury to any pcrsm or pcrsens including dmth ~sulting at any tima then*e from, occasioned by any act o~ omission of the Tenant, ia oefioers, a~nu, servants, employees, contractm, er lioansees, er occurring in er on the Premises or any part thereof including the C(nnmon Arms arising from or occasimed by any cause whatsoever, ezcept ~4tore such dsrns~ or injury is due to the act, dofauit or negliguge of Landlord, its officers, agents, servants, employees, contractors, custemor8, invjtees or lioanssas, (Hi)any contract, tim, privilege, mmpge, charge or encunbrmce oftha Buildin~ arising from or occasioned by the act, d~,dt er negligence of the Tenmt, its omesrs, agent, servants, employees, contractors or licensee. CASUALTY' Section 8.2 a. Casualty burance Coverage by Tenant. Tenant agrem that it shall keep its itnl~ovements, F~mres, merdmndise, inventory, floor coverings, and equipment insured uriah i°t% loss ofbtttiness or dmage by fire or other casualty with all risk endorsements inchding without limitation, sprinkler leakage and flood danmge (if flood exposure exists ~t is undasmod and agreed that Tenant assumes nil risk of dum~e to its own property arising fi.om any causu whatscevu', including without limitation, loss by theft m' otherwise. EvJdmce of said insmsncc shall bo delivered to Landlord prior to Lcsso Commencement Date. Tenant covenants to oornply with any and all rules end resuiations applicable to the Premises issued by th~ lkmrd of Fire Underwriters or by any other body hereinafter constituted ss ~ercising similar functions, and insurance emnpanies writing policies cove~s the Premises. b. Protection From Subrosation. Anything in this Lease to the contrary notwlthstnnding, neither Landlmzl nor Truant ehnll be liable to the otb= for any business interruption or any loss or dsmnge to prope~ occurring on thc Pranlses or the adj,,i,,ing properties, sidmvalk~ streets, or alleys, or In any manner 8rowing out of or connected with Tenanfs use md occupation of the Premises, er the condMm thereoC or of sidewalks, streets, or alleys adjoifiing, e-~umstl by the negligence or fault of Landlord or Tanam or of their respective agenls, employes, subtenants, licensees, or ass]~uess, to the eatont that such bu~ness intarupdon or loss or damage to property is requked to be covered by a standsrd aH-risk policy, reprdJms ofwhethff' sud~ insurance is carried or not, or if so carried, regsrdlens of whether such hsormce is payable to or protects Landlord or Tenant or both or regardless of which party is reimbursed; and landlord md Tmmt etw. h Inseby respectively waive all right of recovery against the other, its agents, employees, subtenants, licensees, and assignees, for any such loss or fur damage tothc property. Nothing oentained in this Section. shall be consu'ued to tmpo~ any other or greater liability upon either Landkrd or Tenant than would have existed in the absence of this Section S.2(c). Each of the pmies shall notify thek respective insurance cam'Jar that the begoina waiver is ctmtained in this lease and shall require such carrier to Include an appropriate wuivtr ofsubroptiou provishm in its poJicie,~ c. Additionnl Hazards. Tenant c~venants and agrccs that it will not do or permit anything to be donc in or upon the Prenfises or bring in anything or keep anything therein which shall incrcase tbe rate ofinmnnce on the Premises or on thc other buildings abova the sumdnrd me on said Premises and buildings, with a store of the type described in Section 6.1 located in thc Premises; end Tcn~t further asrees tht in the event it shall do any ofthe foregoing, it will promptly pay to Landlord on demand any such inomse resulting thercfi.mn which shall be due payable as additional rent bermmder. TENANTS INSURANCE POLICIES Section $.3 a. Ail instance poficies required Of Tenent pursuant to the trane of this Lease shill be written in farm and substance reasonable smd ~atisfactory to Landlord by rcpomblc insurance companies licensed and authorized to do business in thc stew in which the beildinf is located and shah cenmin a provision or endorsement that (I) no sot or omissim of Tenant sliM] sffcot or limit tho oblJsation of the insm, er to pay the mount of'loss sustained, (ii) mil of Telmt's indemnity obliptims under this Lease ore insured, (iii') Tram droll be solely resp~sibJe f~ the puyment of M] premiums and thst Lmdlord shall have no obligofion to pdty sine no~ithsmdhg that ~d is or may be nenmi as insured, and (iv) that the policy mmot be cancded or mended e~ccept upon thirty (30) days prJur writ~n notice to Lmdlurd. Tmmt shall deliver to Landlord a copy of the policy or certificate ofinmmmce prior to Tenant receiving possess~en of the Prend~es hereunder and ShM] ]~ovide Landlurd with thifl~ (30) days police, as sm:b policies s~e mended or new policies are issued and Tenant's fsiha'e to provide Landlwd with the certificates md policies set forth bore. in shall riot relieve Tanant of its obllptiom hereunder. *Oiobal Viden, inc. and Barry PqJisro Should be hemes ~s ndditlmal insmed with proof of the same provided. b. Tenanfs failure to Frovide and keep in force the insm-ance required herein shall be re~srded as a material de~ult entitling Landlord to exercise my or all of the remedies in thc ev~t ora default under this Lease. Cerrying thc prcserbM insurnen sbu/n no wuy b~ cauuuM as either a limimflm or saflsfltction of the hold harmless or indemnity provisions contained in this Lease. In the event Tenant shall not obtain any of thc insurance required to be obtained hetennder, Landlord shall have thc right to obtain such insurance en Taunt' s behalf md Tenant sbll I~ty to Landlurd the ~ost thweofupon right to Mew mmtmlly the rotan, substance md ~ ofall Tenant' s in.qtwnnen rmquired hweonder md Tenant shall adjust its inmnnee required ha~under end/ur increns~ thc limits theronfas Landl~ shall ~ s~mmmably necessm'y. A~TICLE IX UTILITIES CHARGES Sect:loft 9.1 DAMAGE BY FIRE OR OTHER CASUALTY N..OTICE_~ lO.! n. Tenant shah give immedinte written notice to Landlurd of any damage mused to the Premises by ~re or other enmalty. PARTIAL DAMAGE Section 102 a. In the event that during the term herenfthe Premises shall be partially dsmaged (ns distinguished from "mbslm~ialty damaaed" as that tmn is here/nafinr defined) by fire or other comml~, i~ndlurd shall, not Inter than sixty (60) dsys a~er the date of such f~ ur other casualty, proceed to commence repnk of tach dam~ and restore ~ Premises to subtantJally Jts cmdifim at the dine of such damage subject to zmin8 la~ and building codes then in extstonce. Lmdinrd drall cmnplete such reptirs subject to eny delsy, whiGh mayresult ,~*~ any cause b~0nd Landlord's reasonable eouwol. Temnt agrees that, promptly affer cmnpletion of such wnrk by Lnndlurd, it will Fruceed with ress~able diligmce at its sole cost and e~mse to restore ~ ~mn'es, equipment md improvements md r~-invmm~ the Premis~ fur rmpming to the merit that tenant deems reas~nmbk and pm~eal for its bu.~ness. This lease droll c~nfimm in full ft~en and elT~ct dm'ins eny such period of rel~ and retention. SUBSTANTIAL DAMAOE Seotioa 10.3 a. In the event that during the term he. of the Premises or B~ldb~§ shall be substmthlly dmagM or destroyed by fire ur other casualty, Landlord shall have the right, to be exercised by wFitten notice to such effect dciiverad to Tennt within sixty (60) days afar the oef~rrence such event, to terminate this lense. So long as said damage does not interfere with Tenant's ability to conduct business, Tanont Shnll have the r;~t to continue ur tmninntc this lease. IfLmdiord fails to timely give such notice of its election to terminnte, this Lease shM], except as hereinaRer provided r~nab~ in fuji for~ and effect, and Landlord shall, not later thnn sixty (60) days after thc dm~ of such fire OF Other casualty, pr~_P~_ to eommm~e repair ur ~'e-buildio$ of the Premis~ (or if the damage rehtes to other porfi~us of the BuJldin& such pmtions thereof as Landlord rmsunnbly determines are necessary to be repaired) to sub~tantinlly restore their conditim to that condition at thc time of such damage er de~ruotion subject to ~ning laws and building codes then in existence, but Landlord SbU not be re~sJble for stay delay ........"'~ *'~* 9S9T £9& ~c;:~T ~(~-J~T-3~](I ' .~ch may result t;om any muse beyond Landlord~ s reasonable control. Tm tent sltali reslm~ pwsuant to Seetion 10.2 (a).her~in. This Lease shall oontinue in full for~ and cffeot durlng'any such period of repair and restorstion. ABATEIV~NT Section 10.4 a. Tenant nireto that during any pgriod ofrg~anstructlo~ or repair of the Premises, it will continue the operatimt of its business within the Premises to the extent practicable. During the period from the oeeurrenm of the casualty ontil Landlmd' s repairs are mmpleted, the Base Rent shall be reduc~ to sush extent as may be fair and reasmmble trader the circumstance. If the Premises are untananmble during such period of repair er restoration, Tenanf~ Base Rmlt shall abate in its entirety during such period. DEFINITION OF SUBSTANTIAL DAMAGE Section 10.5 The twin "substantial damqe" shall mean forty (40~) percent or more of dsma~ to the Premises. ARTI!~LE XI EMINENT DOMAIN PARTIAL OR TOTAL CONDEMNATION Section I i.I a. If the whole or nny part of the FremiSes shall be taken by any eminont domain (which shall include a voluntary sale or mmsfer ruder threat ofcmdemnnfion~ Tenant shall have no dai~ n~in~ Landlerdnm shall it be entitled to any pm~on ofany awurd for d~nages or off~rwise, in the event only a portion office Prmnis~s are taken, the Leas~ shall cease as to the part token andlbe Base Rent, addi~mal rent, and other - chnrges due herein, shell be adjusted so that Tenant shall be required to lmy in' die balan~ of the twin that pmlion of the r~t and other mnounts hwein resorved which the value of the part of the Prmtfses remainin8 after condenmafim bears to the value of the Premises immediately prior to the date of condenmsfion. The rmtal nnd other charges shell be np~med ns ~ by agreement between the pmies or by legal proceedings, but pending such detmninagon, Tanmt shall pay nt the time and in the manner above provided the t~*,,i herein reserved, and all othor dmrges her~in required to be paid by Tenant, with deduction. Upm such deta-minafim, Tensut shall be entitled to credit for any exeess rennds paid, b. If, however, by reason of the condoranation there is not sufli~imt spa~ left in the Premises for Temmt to ~mdu~t business in substantially the manner in which it was being conducted jmmedhttely prim' to such takin$, er the taking ofpar~g and ~mmon wex is so substantial as to rmder the Premises unsuitable and unfit fur which they were rcntM, then and in such ~ents thc Lcase shall tmninate as of thc date oftltle vesting in such proceeding. AIthouf, h all dsmagm in the evem ofc~ndmmafion belong to Landiwd whethw awardM an cmnpmsafim Rs' diminution in value of the leasehold ur to the fse of the Premises, nothing herein ~ be construed to prevent Temmt ~om claiming md rmovering 6mn the ~ndenming euthoriP/such componsafim as may b~ seporataly ammled or rmoverable by Tenant in Tenanfs own fight so long as my mmh amu'd ~n no w~y r~due~ Landlord*s award er cause s any liability to landlord.. CONSENT RE(~F,,,IXRED ,$ecB. '.on 12.1 a. Tenant may not assisn fids Lease nd/or sublet the Premises, or any pm thereoK without in each ~-tance ubt-ain~g the wrimm consmt of Landlord. ~hich will not be unrmsonably withheld. The eoment of Landlord to any assignment or subletting shall not eonstitute a waiver of the necessity'for such consmt to any subsequmt armignmmt or suble~ng, if any subtmant or assignoc, pursumt to any subletting or assignment in accordance with t~e provisions hereofis obligated to pay any mnount in excess of the Base Rent and all additional rent required to be paid hereunder by Tenant (hm'eafler 'excess rent'), Landlord shall be entitled to receive all ex,ss r~nt. Further, in thc ~"vant any ~ns~ted to nssignee or subtenant in.tends to use the Premises for my pmpos~ other than that set forth in Section 4.1 and Landlord t~scnu to such use which shall be in Landlord's sole discretion. b. IfTanant assigns or sublets without Landlord's consent, in addition to its other rights and remadies, Landlord shall have the option, in its sole discretion of terminating thc Leas~. In the m~ont that Truant shall seek Landlwd's permission to assign or sublet, Ten*et ul~ll pro, de to Landlord gte nsme, address and financial statemmt of the proposed assignee or sublessee and such other inf~nnadon as Landlord may r~quire. lfeonsent for subletting, tenartt shall remain obligated under this lease. ......... n, ?o, 9S9T £9£ ES:ST LEASE SUDORDINATION TO MORTGAGES AND DEEDS TO TRUST Seodan 13.1 a. It is agreed that this lease shall be subject and subordinate to any moFtgnSe~ ~ trust deeds that amy heretbn- he plm~d m the building, and the leased premises and to any and all advances to bo made theremder, and to the bzta'cst tha-am, and :dj rcn~-wals, repla~ments, modifications, consolidations and cxtcnsJms thcreof~ provJdod the mortl~ee or trustee nsmed in said mortgqu OF trust daxis sJmil a~'ee to recofniz~ the said Z,e~se of Lcmm in th~ evmt of foreclosure if Lessee is not thru h detroit Lensu b also subordinnted to lease bfween Global Video, Inc. and lbfl7 Pnsliaro. RIOHT OF ENTRY RIOHT OF ENTRY Section 14. J 8. Landlord er Lmdkrd' s quiz shall h~ ~e riiht to rater the ~uniss st all rcssmable times to enzmine the ~,e, inchm~nil immediate entry in the event of an emergmcy, and to make such repairs, nlteratim~s, improvements er additions as Lmdkrd may dean necessary. Landlord may interrupt er suspend the .mpply m the Premises of any services of utflJfies where necessary tmtil such repairs, almatims, improvements er ~6ms shall have been eesupleted. b. Durinf the six (6) mmths pti~ to thc expirutim o~the Lca~ Term, Zend]old may exhibit the Premises ~o proslX~Ve tensuts er ptrchasers, and place upon the Premises the ustml notices "To l. ct" or "For Sale' which notices Tenant shell pmnit to rcmain ther~o without disturbance. DEFAULT EVENTS_OF '~NANT DEFAULT {;eerien 15.1 a. The oeeuttenee of any ofthe following shall (~ustJtute m event of defuuit hereunder: 1. The filing ora petition by os- aimnst Tenant for adjudication fa a ~ er insuivmt, or fur its teo~mimiea or ~e~ the appoinnnmt ora reeeiver or mmee of Temnes property;, an nss/snmem by Tenant fbr the benefit ofcrediters; or the raking possession of the property of Truant by any govemmentltl officer OF agency pursuant to statutory authority for the dismlu~m or liquidnden of Tmant; or n filing by Tenmt fa, relief under the B~ Code. 2. Fftilute of Tenant to pay whea due any fnsudlmmt ofrmt h .etemder er any other sum herein to be paid by Tenant. Tenant shall have ten (10) days to cure said dehult upon ~rittm notice by Landlord to Tenant. In the event Truant is in default for faihre to timely pay said sums, in excess of two (2) times in my leuse year, written notice shall not tm rcquirod by Lnndlord in erda' to pursue my ofLandlerd' s t/ghts and 3. Vicetin8 or deserting the Premises er permitting the stone to be empty and mwccupied. 4. Tmant's removal er attempt to remove, or msnifesting an/ntmtim to remove Tenanfs goods or propmy fram er out oflbe Prem/ses otherwise th~J in the erdinaty sad usual eoutse of business without having first paid nm/sat/stiod LandLord fer all rent wb/ch may become due during the entire ternl of this lease, 5. Tenunt's failure to perferm 1 ot my other covenant er eondifim of the Lease within thirty (:30) days after not/ce, LANDLORD'S RE]~_r)IES Sectien ]5.2 a./a the ~wmt Lem~ dehults ss hereinebovo provided, in additiou to ell other rights and remedies avsil~la in l~w or equity or elsewhere in this Lmse~ Lessor shell also hew the right to do once or more oRm ~yone or more of the fotlo~ng:. I. declare due md Mrysble md sue to recover unpaid rent m~d ell ¢~her ch~r8~ due sad pa~ble by Lessee to lessor including rent for the '~mexpired tam of this Lease and all costs and commissions provkled or penniUed by 2. enter the leased pr~nises and distrain upon and sell any property therein which rosy be lawfully subject to distrain; 3. lease all or any Imrt of the ~ premises to troy other person with nr without first elm-lng the same; Lessee hereby empowers any attorney of any ~-ourt of record to appear for it one or more ~ ond to take on in behalf troy or.nil of'the nctions described in this section including the entry ofjudgmont of confession, qreenmt or otherwise. a. In ~he event that Teosnt shall, eontinuc to occupy the Premises after the expkat~m of the tam of this lense or ny renewal~ereof~ sm si~eified then bein8 paid by Tenant, whichever is gramsr, pim au andidonm rent nun upon mi oxmc contained except where ume a~ not applicable. E~ AGREEMID4T ~ection 16.2 a. This leme coustinnes the sclc understanding of thc jxu-tics hereto sod any amendmmts er edditJmts sludl be cf~ctive ~ whm reduced to writing md -ianed by the parties ber~o. NOTICt:.S Sectim 16.3 n. Legal notice wherever provided in this Agrccmcnt, by ststuto or cemmon Inw shall Ix~ ten ( J0 ) dnys in advance of any proceedings and th&II be given to Lessee by mniling n onpy ofs~/d no,ce by certifJed mall (as set Rrth in the S,~m,~y). ~aBlank RECONDINO Section 16.4 SECURITY DEPOSIT Section 16.2 a. Tenant. emtempornneously with the executim of this Lc~c, has dcpordt~ with l.~ndiord to Landlord's agent, the seemity deposit set forth in the Summm-y, receipt of which is hereby nchnowledged by Landlord. Said depot shall be held by Landlord, without lkbiiJty for interest, as security for the f~ithful performance by Tenant of all the tmns, covennnts, and condi6ons of this l.ea~ by hid Truant m be kept and perfx~ed during the term hereof. b. In the event of the hilum of Teoant to keep and pn'furm any of'thc terms, covenants, and conditions of'this ~ to bc kcpt and performed by Tenant, then Landlord at its option may appropriate md apply said entire deposit, er so much thereof as may be nccessary, to cempensate Landlord for loss or derange sustained or suffered by L~mdJord duc to such brench ~ the ~ett of Tenant. Should Tmnnt rumply with all of said terms, covenants md conditicm and promptly pay all of'the tcntal herein provided for as it falls due, and all other m pay~bic by T~nant to Landlord hereunder, the ~ld deposit shnJl be refunded in full to Tenant a~ the end of the term of this lease., or upon tt~ earlier tennin~on of this tease. '. terms nnd oandJfions n~ canmined in this lense, at the Bsse Rmt nnd C.A.M., etc., r, et fmlh m lbo ~ ~. O) mas ~ ~ not been previously terminated pursunnt to its tenas, and (ii)Tensnt is not and has nat at ~ time bran i~ default under shy of it.q covmants, obli~tims and a~m~ous trader th{s .I.~, and ~Ji) Truant givesto ~ ~ ~ ~ ~ ~ rm~ ~ one hundred tw~ty (120) days prior to the expiration of the Lease Tenn. IN WITNESS. WHEREOF THE RESPECTIVE PARTItaS HERETO HAV~ CAUSED THESE pRESENTS TO BE SIGNED, SEALED AND DELIVERED ON THE DATE FIRST ABOVE WR/TTEN. THIS LEASE MUST BE EXECUTED FOR TENANT, IF A CORPORATION, BY ANY PRESIDENT OR VICE-PRESIDEHT AND A~TESTED BY ANY SECRETARY OR ASSISTANT SECRETARY, UNLESS THE BY-LAWS OR A RESOLUTION OF ANYBOARD OF DIRECTORS SHALL OTHERWISE PROVIDE, IN WHICH EVENT A CERTIFIF.~ COPY OF TH~ BY -IA WS OR RESOLUTION, AS THE CASE MA Y BE, MUST BE FURNISHED TO LANDLORD. THIS LEASE MUST BE EXECUTED FOR TENANT, IF AN INDIVIDUAL(S), BY EACH INDIVIDUAL(S) AND EACH MUST BE WITNESSED. THE TENANT, ERIN MOUL, AGREES TO PERSONALLY GAURAiqTEE AND BE PERSONALLY RESPOHSIBi~ FOR ALL RENTAL AND CA.M., INCLUDEING TAXES AND INSURANCE PAYMENTS DURING THE LEASE TERM AND OPTION PERIOD. THIS LEASE MUST BE EXECUTED FOR TENANT, IF A PARTNERSHIP, BY A GENERAL PARTNER AND EACH SIGNATURE MUST BE WITNESSED. WHENEVER LANDLORD IS REFERENCED IT SHALL BE UNDERSTOOD THAT GLOBAL VIDEO, INC. IS THE MASTER TENANT. BARRY L. PAGLIARO IS THE OWNER/LANDLORD, AND GLOBAL VIDEO, INC. IS SUBLEI'IINO TO ERIN MOU~ THE TENANT ALSO ACKNOWLEDGES 11tAT TENANT IS SUBJECT TO THE MAS1~R LEASE FOR PROPERTY OWNEi~ BARRY PAGLIARO, TO LANDLORD HEREIN. GLOBAL VIDEO, INC. Tide: , .Title~' Print or Type Name: Wime~s: -, ~ NOTE: Rothman, $chuiml & Reed Realters~ (ESE) and CI~ ~operated m this Irms~'~ion. Olobai Video, Inc. hss agreed to pay a five ($%) percetlt brokerage f~ yearly, in advance, for tho base rent only, plus my rmewaJs. The fa~e will be split 50~ each with ClR and Tennnt shnll be reslxmsible at their expmseto obtain any permits m' spprovals from any govnmmmlai Ix)dy fur any wc~k n___,~c,~ssry to open and operate the~ business and shall secure oeoupancy permits and will place utilities in their nme. FROM : B I P{:I~ FROM ~I CIR TO 566~5i P,01/01 8eott Herman Olebal ~l&eo, I~e. m7M 8eu~ ~toat Street to have ~ purklz~8 n~hts fro' the four (4) 8paces ~ m ~rou~ ~n n sttite for the d~ o£ hat lesse- If you have any que~ons, please call Ich McMurmy L~ Bill Rothrnan's absence. Sincerely, TOT~I~ P. 21 FROM : ~ L PRG ~ r~u. Scpmmber 27, 2002 Global Video, ]nc. 2740 South Front St. Philadelphia, Pa~ 19148 Dear This letter is to give you tmnnission to sublet space at Hartzdale Drive. is Used Book Store & Coffee Shop. Glad you could rent the space so quickly. The intended use Sincerely, KXtlLI!/T A ' ' .".. ~ .,.. :', ~o~r restm~r~nt .".. ..,.- · . . .. ., /4'. ; .:. .. ~ .'.' , ..,. ,., .,~.~.. .., . . ,,, ~.. . .--.':,.',,:. ,~ ., ...... ...~ ,,. ~.'~1.' ;.. ... :.... ~, ,.'.,;.,.' ..... ~....:; · ~:,?.'.~" · ..." ...' ."¥';'.. ,.~...,..'"~;'" ..~ ....~ ;~-:~. ~ ~-~,,; ~.i, ~,1~ ,.. '.~.~. OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (717) 240-6195 IN 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 s i~r Filing 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, d/b/a COVER TO COVER BOOKS () Notice is hereby given that a ,Judgment in the above-eaptiom~_ j~tter has been entered against you in the amount of on 2003. - ' ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. ~ If you have any questions regarding this Not. ice, 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: 2003-00871 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 MONEY DAMAGES, CERTIFICATE OF RESIDENCE, RULE 236 NOTICE FOR MONEY DAMAGES 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 /~ day of So Answers: R. Thomas Kline 03/07/2003 KAIN BROWN & ROBERTS By: ~-~ .... ' e~y Sheri~ UNITED STATES BA~UPTCY COURT MIDDLE DISTRICT OF PENNSYLV]~NIA IN RE: : MOUL, MAYRE ERIN : CASE NO. : : CHAPTER 7 ORDER AND NOW this $$-~ day of~, to Avoid Lien held by Global Video, Inc. Cumberland County Prothonotary is ordered strike/remove the lien in favor of Global Video, of $61,935.00 against Mayre Erin Moul, dated February 26, 2003. 2003, the Debtors' Motion is granted. The and directed to Inc. in the amount d/b/a/ Cover to Cover Books Judge Distribution: THOMAS D. GOULD, ESQUIRE 2 E. MAIN ST., SHIREMANSTOWN, PA 17011 OFFICE OF U.S. TRUSTEE, 228 WALNUT ST, HARRISBURG, PA 17108-0969 LEON P. HALLER, TRUSTEE 1719 N. FRONT ST., HARRISBURG, PA 17102 AUDREY E. WOLOSHIN, ESQUIRE 119 E. MARKET ST., YORK, PA 17401