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MICHAEL G. LOUIS, ESQUIRE
ATTORNEY LD. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATHERMAN & SEBASTIAN, LTD.
17 W. Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINTWF
P.D.S.L, Inc.
c/o R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, P A.
: CIVIL ACTION - LAW
Vs.
: NO. 00- Gi137 c;;;J)
THOMAS R. PULLEN and
CHONG S. PULLEN, hlw doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
CONFESSION OF JUDGMENT FOR MONEY
Pursuant to the authority contained in the warrant of attorney, a true and correct copy of
which is attached to the Complaint filed in this action, I appear for defendant( s) and confess
judgment in favor ofplaintiff(s) and against defendant(s) as follows:
Rent, CAM, taxes and insurance in arrears
Attorney's Fees (10%)
TOTAL
$ 6,753.56
$ 675.35
$ 7,428.91
MacELREE, HARVEY, GALLAGHER
FEATHERMAN & SEBASTIAN, LTD.
By:!Itkd Jj ~~
Michael G. Louis, Esquire
Attorney for Plaintiff
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MICHAEL G. LOUIS, ESQUIRE
ATTORNEY LD. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATHERMAN & SEBASTIAN, LTD.
17 W. Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINTWF
P.D.S.L, Inc.
c/o R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
Vs.
: CUMBERLAND COUNTY, PA.
: CNIL ACTION - LAW
: NO. (H). t ,-/37 ~ -r~
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
COMPLAINT
1. Plaintiff is P .D.S.!., Inc., a Pennsylvauia corporation doing business c/o
R.J. Waters & Associates, Inc., 402 Bayard Road, Suit 200, Kennett Square, Pennsylvania
19348.
2. Defendants are Thomas R. Pullen and Chong S. Pullen, adult individuals,
husband and wife, doing business as Pro Drycleaners residing at 88 Fetrow Lane, New
Cumberland, Cumberland County, Pennsylvauia 17055.
3. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
4. On July 21, 1992, defendants executed a Lease with plaintiff whereby they
leased from plaintiff all that certain gross leasable areaof approximately 1,360 square feet at
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5303 Simpson Ferry Road, Mechauicsburg Plaza, Mechanicsburg, Cumberland County,
Pennsylvauia 17055. A true and correct copy of said lease is attached hereto, made a part hereof
and marked Exhibit" A" .
5. The original landlord, E-D Centers, Inc. d/b/a Mechauisburg Plaza
assigned the Lease to P.D.S.L, Inc. on September of 1997.
6. Judgment has not been entered on said Lease in any jurisdiction.
7. Plaintiff has repeatedly sent notices of default to defendants and more
than ten days have passed since those notices of default were sent and defendants have failed and
refused to cure the default. A true and correct copy of the July 14, 2000 notice of default is
attached hereto, made a part hereof and marked Exhibit "B".
8. In addition to being the signators on the Lease and the tenants, the
defendants signed a guaranty of the Lease Agreement which is attached to the Lease as Exhibit
"e",
9. Pursuant to paragraph l6.05(a) of the Exhibit "D" to the Lease, plaintiff is
authorized to confess judgment against defendants for all or any part of the minimum rent,
additional rent, percentage rent or all other charges specified in this Lease and then unpaid.
I O. The amount currently in arrears for rent, CAM, taxes, insurance and other
charges amounts to $6,753.56. A true and correct copy of the breakdown on the amount
currently due and owing is attached hereto, made a part hereof and marked Exhibit "D",
11. By virtue of the foregoing, defendants, husband and wife, as tenants by the
entireties, are indebted, jointly and severally, to plaintiff as follows:
Rent, CAM, taxes and insurance in arrears
Attorney's Fees (10%)
TOTAL
$ 6,753.56
$ 675.35
$ 7,428.91
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12. By reason of the confession of judgment clause in the aforesaid Lease,
plaintiff is entitled to entry of judgment in the amount of$7,428.9l in favor of plaintiff and
against defendants, husband and wife, as tenants by the entireties, jointly and severally.
WHEREFORE, plaintiff demands judgment against defendants, husband and
wife, as tenants by the entireties, jointly and severally, in the sum of $7,428.91, as authorized by
the Warrant of Attorney appearing in the attached Lease.
MacELREE, HARVEY, GALLAGHER
FEATHERMAN & SEBASTIAN, TD.
By:
Mich el G. Louis, Esquire
Attorney for Plaintiff(s)
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LEASE AGREEMENT
LANDLORD: E-D CENTERS, me. DBA MECHANICSBURG PLAZA
TENANT: TIlOMAS R. PULLEN & CHONG S. PULLEN
SHOPPING CENTER: MECHANICSBURG PLAZA
ARTICLE I: GRANT AND BASIC TERMS
1.01
1.02
1.03
1.04
1.05
1.06
1.07
Basic Tenms and Definitions ......
Use of Common Areas . . . . . .
Commencement of Rental and Other Charges
Length of Term . . . . . . .
condition of Leased Premises
Tena~t'9 Work .......
Shopping Center Provisions .
1
2
2
2
2
2
2
ARTICLE II: RENT
2.01
2.02
2.03
2.04
2.05
2.06
2.07
Minimum Annual Rental
Percentage Rent
Gross Receipts Defined
Tenant's Records . . .
Audit ........
Taxes and Insurance ...
Interest on Delinquent Rent
2
2
2
3
3
3
3
ARTICLE III: CLEANING AND REPAIR OF LEASED PREMISES
3.01 Landlord's Obligations
.... . .. . .. ... . . . . . . . . .. . . ....
3
ARTICLE IV: CONDUCT OF BUSINESS
4.01 Use of Premi ses
4.02 Operation of Business
..
3
3
ARTICLE V: COMMON USE FACILITIES
5.01 Control of Common Facilities by Landlord
5.02 Corrmon Facilities Contribution
5.03 Definitions . . . . . . . . . .
4
4
4
ARTICLE VI: ALTERATIONS, LIENS AND SIGNS
6.01 Al terations . . . . . . .
6.02 Tenant Shall Discharge All Liens
6.03 Signs, Awnings and Canopies
4
4
4
ARTICLE VII: MAINTENANCE OF LEASED PREMISES, SURRENDER AND RULES
7.01 Maintenance, Repair, and Replacement by Tenant
7.02 Maintenance by Landlord
7.03 Surrender of Premises
7.04 Rules and Regulations
4
5
5
5
ARTICLE VIII: INSURANCE AND INDEMNITY
8.01 CasuaLty Insurance . . . . . . . . .
8.02 Waiver of Subrogation .......
8.03 Increase in Fire Insurance PremilJllS
8.04 liability Insurance
8.05 Indemnification of Landlord
8.06 Plate Glass Insurance
8.07 Liquor liability Insurance
8.08 Insurance Policy . . . . .
5
5
6
6
6
6
6
6
ARTICLE IX: UTILITIES
9.01 Utility Charges
. . . . ... ..... . . . . . .. . . . . . . . .. .. . .... .
6
ARTICLE X: PRIORITY OF LEASE
10.01 Subordination ........
10.02 Notice to Landlord of Default
10.03 Estoppel Certificate
10.04 Attornment..........
6
6
6
7
ARTICLE XI: ASSIGNMENT AND SUBLETTING
11.01 Consent Required
7
ARTICLE XII: YASTE, GOVERNMENTAL AND INSURANCE REQUIREMENTS,
AND HAZARDOUS SUBSTANCES
12.01 Yaste or Nuisance ..........
12.02 Governmental and Insurance Requirements
12.03 Hazardous Substances . . . . . . . . . .
7
7
7
ARTICLE XIII: PROMOTION FUND
13.01 Promotion Fund . . . . . . . . . . . . . .. ...................
7
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ARTll\l-E XIV:
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DESTRUCTION OF LEASEO I, .<ISES
14.01 Partial Oestruction .........
14.02 Substantial Oestruction .......
..03 Partial Oestructlon of Shopping Center
ARTICLE XV, EMINENT OOMAIN
15.01 condennatlon
ARTICLE XVI:
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DEFAULT OF TENANT
16.01 Oefoul t ........
16.02 Remedies
16.03 Legal Expenses . . . . .
16.04 Failure to Pay; Interest
ARTICLE XVII' ACCESS BY LANDLORD
17.01 Right of Entry
8
9
9
9
. . .. . . . . ........ . .. .. . .... . . . .. . . . . . . . .
9
ARTICLE XVIII: TENANT'S PROPERTY
18.01 Taxes on leasehold
18.02 Loss and Damage
18.03 Notice by Tenant
ARTICLE XIX' HOLDING OVER; SUCCESSORS
19.01 Holding Over .
19.02 Successors and Assigns
ARTICLE XX: QUIET ENJOYMENT
20.01 Landlord's Covenant
ARTICLE XXI: MISCELLANEOUS
21.01
21.02
21.03
21.04
21.05
21.06
21.07
21.08
21.09
21.10
21.11
21.12
21.13
21.14
21.15
21.16
21.17
21.18
21.19
Waiver . . . . . . . . .
Accord and Satisfaction
No Partnership . . .
Force Majeure
Landlord's Liability
Notices and Payments
Financial Statements
Guarantors . . . . . . . .
taptions and Section Numbers
Definitions . . . . .
Partial Invalidity . . . . .
Recording .........
Ent i re Agreement . . . . . .
Jury Trial; Claims; Survival
Appl icable La. . . . .
Consents and Approvals
Authority
Interpretation
Brokers
ARTICLE XXII: SECURITY AND RENT DEPOSITS
22.01 Amount of Security Deposit
22.02 Use and Return of Security Deposit
22.03 Rent Deposit . . . . . . . . . . .
ARTICLE XXIII: TENANT COVENANTS: EASEMENTS
23.01 Tenant Covenants
23.02 Easements
24.01 Option to Extend
25.01 Rental Adjustment
26.01 Tenant Exclusive
EXHIBITS
Site Plan . . . . . . . . . . . . . . . . . . . .
Description of landlord's Work and Tenant's Work
Guaranty
Lease Addendum
Sign Criteria .
Lease Rider . .
. Exhibit A
. Exhibit B
Exhibit C
Exhibit 0
Exhibit E
Exhibit F
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11
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12
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LEASE AGREEMENT
lHIS LEASE AGREEMENT (the "Lease") is entered into pursuant to the following terms and conditions:
ARTICLE I: GRANT AND BASIC TERMS
1.01 Basic Terms and Definitions. This Lease is subject to the following basic terms and definitions:
(a) Date of Lease: July 21. 1992 .
(b) "Landlord": E-D Centers. Inc. dba Mechanicsbur!! Plaza
Address: 304 Brandywine II Buildin!!. Chadds Ford. PA 19317
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(c)
"Tenant":
Address:
Thomas R. Pullen & Chon!! S. Pullen
88 Fetrow Lane. New Cumberland. PA 17070
(d)
"Shopping Center": Mechanicsbuf!! Plaza
Located in Mechanicsbur!! ("City"), Pennsylvania
("State")
( e) Tenant's "leased premises": Shop -2.. containing 1360 square feet;
17 by 80
(f) Original Term:
5
years,
3 months (see Section 1.04)
(g) Commencement Date: 9/1192
Expiration Date: 11/30197
, subject to Section 1.03
. subject to Section 1.03
(h) Minimum Annual Rental: (see Section 2.01)
(1) Years 1-3 : $ 14.960 annually; $1.246.00 monthly
(2) Years _: $ annually; $ monthly
(3) Years _: $ annually; $ monthly
Years 4-5 CPI increases between (3% and 5%) annuallv (see 24.01)
!
(i) Percentage Rent:'
(see Section 2.02)
6 % of gross receipts in excess of $300.000.00
(j) Use of Leased Premises: a full service drv cleanin!! establishment for shirt tailoring.
launderin!!. tuxedo rental and for no other purpose.
Trade Name of Tenant:
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(k)
(I)
"Broker": R. J. Waters & Associates, Inc.
(m) Security Deposit: $ 1.353.65
(n) Rent Deposit: $ 1.353.65
(see Section 22.01)
(see Section 22.03)
(0)
Estimated contributions for current calendar year, based upon Tenant's pro rata share of the
Shopping Center ( 2.15 %):
Annual Amount
per Sauare Foot Monthly
Taxes (See Section 2.06) $ .47 $ 53.26
Insurance (See Section 2.06) $ .04 $ 49.86
Common Area Operating Costs
(See Section 5.02) $ .44 $ 4.50
Promotion Fund
(See Section 13.01) $ 0 $ 0
(p)
Condition of leased premises (See Section 1.05): Tenant will take upon substantial
completion of Landlord's Work described on Exhibit B
Guarantor(s) (include spouse of individual guarantors): Thomas R. Pullen. Chong S. Pullen
(q)
(r) Riders: Riders consisting of a total of nine (-2-) pages are attached to this Lease and
incorporated herein.
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Lancl.lord demises and leases to Tel)an~,_ oiind Tenant; rents from Landlord the leased j:
ises outl ined in red on Exhibit "A".
. 1.02 ~se' of COIfIfKln Are8s~ The use and occupation by Tenant of the leased premises shall include the use, in cOIlII1On
wlth others entltted thereto, of the common areas, employees' parking areas service roads loading facilities sidewalks
and customer ~ar parking areas of the Shopping Cent:r: and such other facilities as may be designated from time' to ti~ by
Landlord, subJect, however, to the terms and COnctltlons of this Lease. Landlord may designate certain portions of the
parki"? areas as reserved for use of certain tenants or customers of certain tenants. All parking rights are also subject
to ord.nanc.. of the City.
1.03 Commencement of Rental and Other theraes. Tenant's obligation to pay minimum rent and other charges due~
~ereunder,sh8ll eomnence on the lfC:onmencement Oatell which shall be the date set forth in Section 1.01(9), unless landlord
11 to perform any Landlord's Work, in which event the Conmencemant Date shall be the earlier of the following dates: (8) the . .-
date whi~h is rI r ......... OS) ninety (90) days after landlord notifies Tenant in writing that the leased premises have been ~2Jt-'
lut:'stant18lly c~leted and are a\lailable to Tenant for installation of its fixtures and i~rovements, or (b) the date 0"..--'/ . I'
whIch T.nant .hall open the l.a.ed premi... for bu.ine.. to the publ ic. Th. t.rm ".ubstantially cOll1'l.ted" a. u.ed in this cP i.
Lease shall mean that the work, ff any, to be performed by Landlord as described in Exhibit liB" hereof ("landlord's Wor~;"-'~~'" j;
~as been _c~leted with the exc~ptfon of minor items which can be conpLeted without material interference with th~ Snl~i.1 I';...
lnstsllatlon of fixtures or flDf)rovements for Tenant's business. Tenant, ,prior to the conmencement of the term, shall witti ,'~ ",,,;I
the prior consent o! Landlord be permit~ed to install fi~tures a~ equipment.. Any worlc done by Tenan~ prior t~ corrplet i on' r{~~l1r II.:'
of the leased premlses shall be done ln a manner 8S Nlll not lnterfere wtth the progress of the work by Landlord of lilt~b,!ili''''
completing construction, end landlord shalt have no liability or responsibility for loss of or any damage to fixtures, l
equipment or other property of Te",nt so installed or placed on the leased premises. Once known, the Conmencement Date shall r'
be ..t forth in writing by l.tt.r agr.ement .igned by both parti...
1.04 leMth of Term. The term of this lease shall be as set forth in Section 1.01(f), cOllllJencing with the
Commencement Date determined in accordance with Section 1.03 hereof, if said date shatl occur on the first day of a calendar
month. If the Commencement Date is other than the first day of the month, the first year of the lease term shall be deemed
to be ext.nded to includ. .uch partial month and the following tw.lv. (12) month., .0 a. to .nd on the l..t day of the month.
1.05 Condition of Leased Premises. If Tenant is to take the leased premises lias is" pursuant to Section 1.01(p),
Landlord .hall have no obligation to prepare the l.ased premises for T.nant'. u.e and there .hall be no Landlord'. Work.
If Tenant is not taking the leaSed premises lias is" pursuant to Section 1.01(p), landlord agrees at its cost and expense
to c~lete landlord's Work and to del iver possession of the leased premises to Tenant in a substantially cOl1{>leted condition
(as defined in Section 1.03) on or before one year from the date of the'corrmencement of landlord's Work; provided, however,
that in the event landlord's Work is delayed or hindered by strike, casualty, fire, injunction, inability to secure
materials, or restraint of law, unusual action of the elements, or any other cause beyond the control of landlord, then,the
.aid period .hall be .xtended to the ext.nt of .uch delay.. If Landlord fail. to conplete Landlord'. Work or Landlord does
not obtain acceptable financing for the Shopping Center and/or Landlord's Work within said period of time, including any
extensions as herein provided or Which may be agreed to by the parties, then Tenant shall have the option of canceling and
terminating this Lease by giving notice in writing to landlord. In the event this Lease is so terminated, Tenant shall not
be liable to Landlord on account of any. covenant or obligation herein conhined, and any security deposit shall be refunded
to T.nant. T.nant'. .ol. remedy fot the br.ach of Landlord'. obligations under this s.ction 1.05 .hall be the for.going
option to terminate this lease as herein provided, and Tenant shall not have an action for damages, specific performance,
or any oth.r remedy arising out of this provision.
1.06 Tenant's Work. Other than landlord's Work, Tenant shall make all other necessary improvements to the leased
premises to operate Tenant's bus;iness (UTenant's York"). Tenant's Work shall corrply with all applicable statutest
ordinances, regulations, and codes and shall strictly comply with the requirements of Article VI hereof. Tenant may not
puncture the roof or interfere with the sprinkler system without specific written penmiss;on from Landlord.
1.07 ShODDing Center Provisions. No rights or remedies shall accrue to Tenant arising out of the failure of
Landlord to eonstruct or lease any other parts of the Shopping Center or from any changes in occupancy by tenants in the
Shopping C.nt.r. It is und.r.tood that .aid Exhibit "A" ..t. forth the gen.ral layout of the Shopping C.nter but .hall not
be deemed as a warranty, representation or agreement on the part of landlord that the Shopping Center layout will be exactly
as depicted on said Exhibit, and Landlord specifically reserves the right from time to time and without the consent of
Tenant: (i) to change the number, size, height (including additional stories) or locations of the buildings or common areas
in the Shopping Center as landlord may deem proper: (ii) to change or modify any me~ns of ingress or egress; (iii) construct
buildingCs) and/or kioskCs) on or in the common area; or Civ) to add additional land or buildings or both to the Shopping
Center.
ARTICLE II: RENT
2.01 Minimum Annual Rental. Mini.... rental heraunder .hall be a. .et forth in Section 1.0Hh) and shall be payable
in monthly installments in advance, without set off, on the first day of each and every month throughout the lease term at
the office of landlord or at such other place designated by landlord, without any prior demand. Minimum rental for any
fractional month shall be prorated and payable in advance. For purposes of this Lease, the gross leasable area of the leased
premi... .hall be daemed to be that ..t forth in Section 1.01(.).
2.02 Percenta~e Rent. In addition to the payment of the fixed minimum rent as hereinbefore provided, Tenant shall
pay to Landlord for each applicable full or partial lease Year (including during any renewal term), as percentage rent, a
..... equivalent to the amount, if any, by wHich the perc.ntage .et forth in Section 1.01(1) of the gross receipt., a.
h.reinafter defined, .xceed. the br.akpoint s.t forth in S.ction 1.01(i). Within forty.fiv. (45) days after the close of
each lease Year during the term hereof Tenant shaLL furnish to landlord a statement showing in such detail as landlord shalt
reasonably require the amount of gros; receipts for such lease Year and the authorized exclusions and deductions therefrom;
contemporaneously with furnishing such statement, Tenant shall pay to Landlord an amount equal to any percentage rental due
for said Lease Year. The term ulease Year," as used herein, shall refer to each calendar year during the lease term, but
for the first and last years of the term shall mean the partial calendar year involved as to each; and for any such partial
years, the percentage rent breakP4int shall be proportionately adjusted based upon the length of the partial year. Tenan~'s
statement of gross receipts shall be certified (in a form acceptable to Landlord) under oath by Tenant's president or chlef
financial officer.
2.03 Gross Recei,Dts Defined. The term tlgross receipts,1I as used herein, is defined to mean the aggregate of all
gross receipts of Tenant and of all licensees, concessionaires and sublessees ~f Tenant from all business conduc~edaupon
or from the leased premises, reg~rdless of whether the such receipts are collected by or made throug~ persons w,th,n or
without the leased premises, and irrespective of whether such receipts be evidenced b'( che~k, cr.edlt, charge ac~o~nt,
exchange, or otherwise. Such gross receipts shall include those received from any transactlon, lncluchng, but not be l.1ml~ed
to, the amounts received from the sale and rental of goods, wares, merchandise and shelf and/or floor space, 91ft
certificates and for services and repairs performed on or from the leased premises, together with the amount of all orders
taken or received at the leased premises, whether such orders be filled therefrom or elsewhere, and s~a~l include sales m~de
by or from v.nding device. in the l.a.ed premi.... Gro.. r.c.ipt. .hall al.o include, but not be l~mlted to, a~l ~epos,t.
not refunded to purchasers and all sales to employees or agents of Tenant. Gross receipts sh~ll not lnclude (or lf lnc~ud!d
shall be deducted therefrom) cash or credit refunds upon gross receipts where the merchandlse sold or some part of lt lS
returned by the purchaser to and accepted by Tenant; the sales price of merchandise returned by customers for ~xchange,
provided that the .ale. price of merchandi.. delivered to the cu.tomer in .xchang. .h~ll be included in gross rece'pt.j ~nd
the amount of any .al.., u.., or gro.. r.c.ipt. tax impo.ed by any fed.ral, .tat., munIcipal or oth.r governmental authorIty
directly on sales and c~llected from customers, provided that the amount the~eof is billed separately to the ~ust~r and
is required to be paid by Tenant to such governmental authority. No franchlse or capftal stock tax and no lnherltance,
income, occupation, or similar tax or license fee based upon income, sales or profits, as such, shall be deducted from gross
receipts.
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diractly on sales and collected frOl'l: stemers# provided that the amount thereof Hled separately to the customer and
is required to be_ paid by Tenant to such goverrmental authori_ty. No franchise or c-apital stock tax and no inheritance#
inc~# occupation# or similar tex or license fee based upon income, sales or profits, 8S such, shall be deducted from gross
receipts.
2.04 Tenant's Records. For the purpose of ascertaining the amount payable as percentage rent, Tenant agrees to
prepare, maintain, and preserve on the leased premises, for 8 period of not less than three (3) years following the end of
each Lease Year, sales records showing inventories and receipts of merchandise at the leased premises and daily receipts
from all sales and other transactions on the leased premises made and conducted by Tenant and all other persons or firms
conducting any business upon said premises. Tenant shall record at the time of sale, in the presence of the customer, all
receipts from sales or other transactions whether for cash or credit in a cash register or in cash registers having a
clll'llJlative total which shall be sealed in a manner approved by Landlord, and having such other features as shall be approved
by landlord. Tenant further agrees to keep on the leased premises for at least three (3) years following the end of any
partial Lease Year and each Lease Year.the gross income, sales and occupation tax returns with respect to said partial lease
Year and lease Years and all pertinent original sales records. Pertinent original sales records shall include: (8) cash
register tapes, including tapes from temporary registers; (b) serfally'numbered sales sLips; (c) the originals of all mail
orders at and to the leased premises; (d) the original records of all telephone orders at and to the leased premises;
(e) settlement report sheets of transactions with subtenants, concessionaires and licensees; (f) the original records showing
that merchandise returned by customers was purchased at the leased premises by such customers; (g) memorandum receipts or
other records of merchandise taken out on approval; Ch) such other sales records, if any, which would normally be examined
by an independent accountant pursuant to accepted a~iting standards in performing an audit of Tenant's sales; and (i) the
records specified in (8) to (h) above of subtenants, assignees, concessionaires or licensees. In the event of any dispute
as to the amount of percentage rent due, Tenant agrees to keep all the foregoing records until such dispute is resolved.
2.05 Audit. The acceptance by Landlord of payments of perc~tage rent shall be without prejudice to Landlord's
right to an examination of Tenant's books and records of its gross receipts and inventories of merchandise on the leased
premises for purposes of verification. At its option, Landlord may at any'reasonable time, upon ten (10) days' prior written
notice to Tenant, cause a complete audit to be made of Tenant's entire business affairs, tax returns and records relating
to the leased premises for the period covered by any statement issued by Tenant as above set forth. If such audit shall
disclose a liability for rent to the extent of one percent (1%) or more in excess of the rentals theretofore computed and
paid by Tenant for such period, or if Tenant's records are not adequate or the records are not made available within ten
(10) days after written notice to Tenant to permit said accountants to determine gross receipts, Tenant shall promptly pay
to Landlord the reasonable cost of said audit in addition to the deficiency, which deficiency shall be payable in any event,
and, in addition, landlord, at Landlord's option may tenminate this lease upon five (5) days' notice to Tenant of landlord's
election to do so. Any information obtained by landlord as B result of such audit shall not be made public except to the
extent necessary to enforce this Lease and to provide information to landlord's lenderCs) or potential purchasers of the
Shopping Center. If Tenant shall fail to furnish any report of gross receipts within seven (7) days after the period
required, Landlord may charge Tenant a penalty of Fifty Dollars ($50) for each day the report is thereafter delinquent.
2.06 Taxes and Insurance. Tenant shalt pay to Landlord as additional rent its proportionate share of real estate
taxes, special taxes and assessments and all insurance for the Shopping Center (excluding any tenants separately taxed or
charged for insurance or insurance paid pursuant to Section 5.03). Insurance shall include fire insurance, extended coverage
and all other perilS coverageI' loss of rents coverage, plus all endorsements and other coverages deemed reasonable and
necessary by Landlord. landlord shall notify Tenant of the amount of such charges, and Tenant shall pay Landlord such
amounts within fifteen (15) days from the date of notice to it by landlord. Tenant's proportionate share is the fraction,
the numerator of which is the gross leasable area in the leased premises and the denominator of which is the total gross
leasable area of the Shopping Center (excluding any tenants separately taxed or charged for insurance), provided that if
the taxes for the Shopping Center are increased materially because of assessment of Tenant's improvements at a higher rate
than other tenants in the Shopping Center, Tenant agrees to pay any such excess taxes. Landlord, at landlord's option, may
bill Tenant 'on a monthly basis based on one.twel fth (1/12) of the estimated annual amount for taxes and insurance as
estimated by Landlord, and Tenant shall pay said cost for tax and insurance with monthly minimum rent. The initial estimate
shall be as set forth in Section 1.01(0). In the event Tenant does not make said payment monthly, Tenant shall be in default
of this Lease. Landlord, at Landlord's option, may obtain separate taxable status for the leased premisesI' and in such
event, Tenant's tax contribution shall be based thereon. Additionally, with respect to taxes:
(a) RiAht to Contest Assessments. Landlord may contest any and all such real estate taxes. If the result
of any such contest shall be a reduction in the amount of the real estate taxes so contested, that portion of any
refund, reduction, credit or recovery from the taxing authorities with respect to such real estate taxes which is
in the same proportion of the total refund or recovery as Tenant's share of taxes# shall belong to Tenant# and the
balance shall belong to Landlord. The cost of any such contest shall be paid as additional rent in the same
proportionate share as the real estate taxes are paid.
(b) Real Estate Tax. Real estate tax means: (i) any fee, license fee, license taxI' business license fee,
commercial rental tax, levy, charge, assessment, penalty or tax imposed by any taxing or judicial authority against
the Shopping Center or land upon which the Shopping Center is located; (ii) any tax on Landlord's right to receive#
or the receipt of# rent or income from the Shopping Center or against Landlord's business of leasing the Shopping
Center; (iii) any tax or charge for fire protection, streets# sidewalks, road maintenance# refuse or other services
provided to the Shopping Center by any governmental agency; (tv) any tax imposed upon this transaction, or based
upon a re-assessment of the Shopping Center due to a change in ownership or transfer of all or part of Landlord's
interest in the Shopping Center; and (v) any charge or fee replacing any tax previously included within the
definition of real property tax.
2.07 Interest on Oelinauent Rent. All delinquent minimum rent, percentage rent and other charges due under this
lease shall accrue interest at a rate equal to the lesser of one and one-half percent (1.5%) per month or the maximum amount
permitted by law, from due the date of such payment and shall constitute additional rent payable by Tenant under this Lease
and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed received if Tenant's payment is not
actually collected (such as payment by insufficient funds check).
ARTICLE III: CLEANING AND REPAIR OF LEASED PREMISES
3.01 landlord's Obligations. As of the time Tenant takes possession of the leased premises, landlord, at its cost
and expense, shall clean the leased premises, and the air conditioning, heating, plumbing, electrical systems and ~quipment
shall be in working condition. Except as aboveI' the respective obligations of landlord and Tenant as regards malntenance
and repairs are governed by Article VII hereinafter.
ARTICLE IV: CONDUCT OF BUSINESS
4.01 Use of Premises. Tenant shall use the leased premises solely for the purpose set forth in Section 1.01Cj)
and shall operate under the trade name set forth in Section 1.01(k), and,for no other business or purpose or under any.other
name without the prior written consent of Landlord. Consent may be subject to conditions as Landlord deems approprlate.
4.02 ooeration of Business. Tenant shall continuously operate and keep open to the public the entire leased
premises in good faith during the term hereof with due diligence and efficiency so as to produce the maximum Gross Receipts,
carry a reasonably complete stock of merchandise, maintain reasonably adequate personneL for efficiently accommodating its
customers, and at all times maintain displays of merchandise in the display windows (if any) of the leased premises. This
provision shall apply whether or not percentage rent is applicable to this Lease. The leased premises shall not be used
in any manner that would necessitate (in accordance with any requirement of law or of any public authority) the making of
an addition or alteration in or to the leased premises by landlord. ~. ..
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ARTICLE V: COMMON USE FACILITIES
5.01 ControL of Common FaciLities bv Landlord. The common facilities as defined in this Lease shall at all times
be subject to the exclusive control and management of Landlord, and landlord shall have the right from time to time to
establish, revoke, modify and enforce reasonable rules and regulations with respect to all or any part of said facilities.
Landlord shall also have the right to close all or any portion of said areas or facilities to such extent 8S may in the
opinion of landlord's counsel, be legally sufficient to prevent a dedication thereof or the accrual of any right~ to any
person or the public therein; and to do and perform such other acts in and to said areas and improvements, and/or revise
and develop the seme, as landlord shall determine to be advisable, with a view to the improvement of the convenience and
use thereof by the tenants of the Shopping Center and their customers, provided proper access to the leased premises is
maintained. .
5.02 Common Facilities Contribution. During each calendar year or any portion thereof during the lease term
Tenant will pay to landlord as additional rent, subject to the limitations hereinafter set forth, a proportion of the commo~
area operating costs hereinafter defined based upon the ratio that the square feet of gross leasable area leased to Tenant
herein bears to the total square feet of all of the gross leasable area leased and available for Lease to all tenants in
the Shopping Center, eXCluding for any item of costs the square footage of gross leasable area allocated to any lessee
responsible for directly paying such costs; provided, however, if any 'item of comnon area operating cost for the Shopping
Center is increased materially because of Tenant's use, Tenant shalL additionaLly pay for such excess cost. Tenant's share
of such costs shall be estimated by Landlord on an annuaL basis for each calendar twelve (12) month period ending on December
31, prorating fractional years. The initial estimate shall be as set forth in Section 1.01(0). Tenant shall pay such
estimated charge in monthly installments on the first day of each month in advance, and shaLL pay any excess charge within
thirty (30) days of receiving a detailed statement therefor from LandLord or Tenant shall be in default of the Lease.
5-003 Definitions. For the purpose of tMs paragraph, "coomon area operating costs" means the total costs (other
than the eost properly ehargeabLe to capital account except as herein specifically provided) and expense incurred: in
operating, managing, maintaining, repairing, relocating, modifying, renovating and replacing the common facilities
hereinafter defined, including without limitation the costs of maintaining roof, walls, foundations, detention ponds,
porches, sprinkLer system, uti L ity lines and resurfacing or patching the parking areas and labor associated with line
painting, sidewalks and curbs, security and traffic control, security alarm systems, publ ic 1 iabi L ity and unbrella insurance,
gardening, watering and landscaping, lighting, maintenance of sanitary control, all costs for utilities to common areas,
removal of snow, ice, drainage, rubbish, and other refuse, costs to remedy and/or compLy with goverrwental and/or environnena
tal and hazardous waste matters, repair or installation of equipment for energy-saving or safety purposes, reserves for
future maintenance and repair work (which Tenant hereby authorizes landlord to use as necessary), any costs associated with
any merchants' association for the Shopping Center, depreciation on equipment and machinery used in maintenance, cost of
personnel required to provide such services, all costs and expenses associated with Landlord's obligation to repair and
maintain the areas described in the agreement (if any) described in Section 23,02 hereof, and such other items of cost and
expense which are relatable to proper maintenance of the common facilities, plus nine percent (9%) of all of the foregoing
costs to cover the, administrative cost relative to the common facilities.
"Conmon facit ities" means aLL areas, space, equipment, and special services provided by Landlord for common or joint
use and benefit of the occupants of the tracts shown on Exhibit "A", their empLoyees, agents, servants, customers and
invitees, including without limitation roofs, walls, parking areas, access roads, driveways, retaining walls, landscaped
and vacant areas, loading facilities, pedestrian malls, walkways, ramps, wash rooms, fountains, shelters, signs, security,
lighting fixtures and equipment, cost of utility service, and the faciLities appurtenant to each of the aforesaid, and any
other facilities maintained for the benefit of the Shopping Center. landlord shall have the right to modify the common
facilities from time to time as deemed reasonable by landlord.
ARTICLE VI: ALTERATIONS. LIENS AND SIGNS
6.01 Alterations. The requirements of this Section 6.01 shall apply to Tenant's Work as described in Section 1.06
and any alterations thereafter. Tenant shall not, without landlord's prior written consent, either make or cause to be made
any alterations, including additions and improvements, to the leased premises or to any exterior signs, shades or awnings.
Consent shall be at landlord's sole discretion. Any alterations consented to by landlord shall be made at Tenant's sole
expense. Tenant shall provide its own trash containers for construction debris; use service entrances to the leased
premises, if anYi conduct no core drillings during business hours; and disrupt other tenants as little as possible. Tenant
shall secure any and alL governmental permits, approvals or authorizations required in connection with any such work and
shall hold landlord harmless from any and all liability, costs, damages, expenses (inCluding attorney's fees) and liens
resulting therefrom. All alterations (expressly including all light fixtures and floor coverings, except trade fixtures,
appliances and equipment that do not become 8 part of the leased premises), shall inmediately become the property of
landlord. At landlord's request, Tenant shall utilize only contractors or subcontractors who have contracts in effect at
the time the improvements are made with the respective building trade unions which traditionally and normally perform the
work of the crafts involved in such work. Upon coopletion of any such work, Tenant shall provide landlord with "as built"
plans, copies of all construction contracts, and proof of payment for all labor and materiaLs.
6.02 Tenant Shall Discharae All Liens. Tenant shall prOOl'tly pay its contractors and materialmen for all work done
and performed by Tenant, so as to prevent the assertion or imposition of liens upon or against the leased premises, and
shall, upon request provide landlord with lien waivers, and should any such lien be asserted or filed, Tenant shall bond
against or discharge the same within ten (10) days after written request by Landlord. In the event Tenant fails to remove
said lfen within said ten (10) days, landlord may, at its sole option, eLect to satisfy and remove the lien by paying the
full amount claimed or otherwise, without investigating the validity thereof, and Tenant shall pay landlord upon demand the
amount paid out by landlord in Tenant's behalf, including LandLord's costs and expenses with interest or Tenant shall be
In default hereunder. Landlord's election to dIscharge liens as provided hereunder shall not be construed to be a waiver
or cure of Tenant's default hereunder.
6.03 Sians. Awninas and Canooies. Tenant will not, without landlord's prior written consent. such consent at
landlord's sole discretion, pLace or suffer to be placed or maintained upon the roof or on any exterior door, wall or window
of the leased premises, any sign, awning or canopy, or advertising matter or other thing of any kind, and will not without
such consent place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the
leased premises. All signs, awnings, canopies, decorations, lettering, advertising matter or other thing so installed by
Tenant shall at all times be maintained by Tenant, at its expense, in good condition and repair. landlord reserves the
exclusive right to use for any purpose whatsoever of the roof and exterior of the walls of the leased premises or the
building of which the leased premises are a part. If Tenant installs any sign that does not meet landlord's sign criteria,
landlord shall have the authority without liability to enter the leased premises, remove and store the subject sign and
repair all damage caused by the removal of the sign. All expenses Landlord incurs shall be illlllediately paid by Tenant as
additional rent. landlord reserves the right to remove Tenant's sign during any period when landlord repairs, restores,
constructs or renovates the leased premises or the building of which the leased premises are a part.
ARTICLE VII: MAINTENANCE OF LEASED PREMISES. SURRENDER AND RULES
7.01 Maintenance. Reoair. and Reolacement bY Tenant. Tenant shall, at its expense, at all times repair, maintain,
and replace (a) the interior of the leased premises, together with exterior entrances, all glass and all window motdings,
(b) all fixtures, partitions, cei lings, floor coverings and utility lines In the leased premises, and all plumbing and sewaso
facilities within, the leased premises including free flow up to utility owned sewer lines, and (c) all doors, door openers,
equipment, machinery, appliances, signs and appurtenances thereof (including lighting, heating, air ~ond;tioning, and
plumbing eqUipment and fixtures), in conformity with governmental regulations and alL rules and regulatlons of the Board
of Fire Underwriters, in good order, condition~ maintenance and repair. If any item which Tenant !s obligated to repair
cannot be fully repaired, Tenant shall promptly replace such item, regardless of whether the beneflt of SUllh r. .lBceme....nt
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extends beyond the term of this lease;. 'tenant shall make any structural, interior ..-exterior alterations and/or repairs
~o the leased premises required by any governmental entity or insurance carrier or arising from damage caused by Tenant,
ltS .efl1)loyees, servants or agents. ~f Tenant be requi'red to mak.e any exterior, interior or structural alterations, additions
or,lmprovements in the leased premlses, Tenant shall proceed with same at its own cost after first Obtaining landlord'S
wrItten approval of the plans therefor and satisfaction of each of the conditions set forth in Section 6.01 hereof. Tenant
shall use, at its cost and at intervals as Landlord shall reasonably require, a reputable service company to clean and
replace air*conditioning filtersi or, at landlord's option, landlord may contract for such services and include the charges
therefor as a common area operating cost. If Tenant refuses or neglects to commence or complete repairs, maintenance or
replacements promptly and adequately, landlor~ may make or complete said repairs, maintenance or replacements and Tenant
shall pay the cost thereof to Landlord upon demand.
7.0~ Maintenance,bv landlo~d. Subject to Articles XIV and XV, the structural portions of the leased premises, the
roof, exterlor walls and the foundatlons, shall be maintained by landlord, except when the condition requiring such repairs
shall result from Tenant's act or the fault of Tenant, its officers, agents, customers or employees. In the event landlord
fails to comnence repairs' it is obligated hereunder to make within thirty (30) days after written notice from Tenant
specifying the necessary repairs, Tenant may make such repairs and be entitled to a credit from Landlord for the reasonable
costs of said repairs.
7.03 surrender of Premises. At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the
leased premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding
all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant
remove any of the following materials or equipment without Landlord'S prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting' fixtureSi wall coverings; drapes, blinds or other window coverings;
carpets or other floor coveringsi or other similar building oPerating equipment and decorations), broom clean and in good
condition and repair, reasonable wear and tear excepted. Tenant shall remove all as property not required to be sUirendered
to landlord before surrendering the leased premises as aforesaid and shall repair any damage to the leased premises caused
thereby. Any personal praperty remaining in the leased premises at the expiration of the lease period shall be deemed
abandoned by Tenant, and Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor.
Upon termination, Tenant shall also surrender all keys for the leased premises to landlord and, if applicable, inform
Landlord of any combinations of locks or safes in the leased premises. If the leased premises are not surrendered at the
end of the term as hereinabove set out, Tenant shalL indemnifY Landlord against loss or Liability resulting from delay by
Tenant in so surrendering the leased premises, including without limitation claims made by the succeeding tenant founded
on ~uch delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination
of the term of this Lease.
7.04 Rules and Requlations. Tenant agrees as follows:
(a) The delivery or shipping of goods, merchandise, supplies and fixtures to and from the leased premises
shall be subject to such rules and regulations as in the judgment of landlord are necessary for the proper operation
of the Shopping Center.
(b) No loud speakers, televisions, phonographs, radios or other devices shall be used in a manner so as
to be heard or seen outside the leased premises without the prior written consent of Landlord.
(c) Tenant shall not place or permit any obstructions or merchandise in the outside areas inmediately
adjOining the leased premises or other common facilities and shall not use such areas for business purposes other
than for ingress and egress.
(d) Tenant and Tenant's employees shall park their cars only in those portions of the Parking area
designated for that purpose by Landlord.
(e) Tenant shall have full responsibil ity for protecting the leased premises and the property located
therein from theft and robbery.
(f) Tenant shall not permit on the leased premises any act or practice which is unlawful, immoral, or which
might injure the reputation of the Shopping Center.
(g) Tenant and Tenant's employees and agents shall not solicit business in the parking or other common
areas. nor shall Tenant distribute or place'handbills or other advertising matter in or on automobiles parked in
the parking areas or in other common areas.
(h) Tenant shall not conduct any auction, fire, bankruptcy sales or close out sales in the Leased premises.
(i) Tenant shall keep the leased premises free and clear of rodents, bugs and vermin, and Tenant shall use.
at its cost and at such intervals as Landlord shall reasonably require, a reputable pest extermination contractor
to provide extermination services in the leased premises.
(j) Tenant shall keep the leased premises and adjacent common areas orderly, neat, clean and free from
rubbish and trash at all times and to permit no refuse to accumulate around the exterior of the leased premises.
Tenant shall not burn any trash, rubbish or garbage in or about the leased premises. Trash shall be stored in a
sanitary and inoffensive manner inside the leased premises or in screened areas approved by landlord. and Tenant
shall cause the same to be removed at reasonable intervals.
(k) The leased premises shall be open for business each and every day, except legal holidays, during the
minimum hours established by Landlord.
Cll To use or permit the use of the common facilities by others to whom Landlord may grant or may have
granted such rights in such manner as landlord may from time to time designate, including but not limited to truck
and trailer sales and special promotional events.
landlord reserves the right from time to time to amend or supplement the foregoing rules and regulations and to
adopt and promulgate reasonable additional rules and regulations applicable to the ,leased premises. Notice of such rules
and regulations and amendments and supplements thereto, if any, shall be given to Tenant in writing. Tenant agrees to. comply
with all such rules and regulations, and Tenant shall be responsible for the observance of these rules and regulatlons by
Tenant's employees, agents and invitees. The foregoing rules are solely for the ~enefi~ of Landlo~d, and L~ndlord sh~11
have no obligation to enforce such rules for the benefit of Tenant. Landlord, at lts optlon, may W81ve certaln rules wlth
respect to individual tenants. If .Tenant violates any rule, landlord may notify Tenant that Tenant is in default.
ARTICLE VIII: INSURANCE AND INDEMNITY
8.01 Casualty Insurance. Tenant shall at all times keep and maintain in force a~ effect. its own ins~rance
coverage, protecting it from loss, damage or injury by whatever means, with respect ~o all furnlture, flxtures, mach~nery,
equipment, stock in trade, and all other items kept, used, or maintained by Tenant ln, on, or about the leased premlses.
8.02 Waiver of Subro~ation. each of the parties hereto does hereby release the other party hereto from all
liability for damage due to any act or neglect of the other party (except as hereinafter provided) occasioned to prope:ty
owned by said parties which is or might be incident to or the result of a fire or any other casualty against los~ from w~lch
either of the parties is now carrying or hereafter may carry insurance; provided, however, that the releases hereln contalned
shall not apply to any loss or damage occasioned by the willful acts of either of the parties hereto. Th~~rt' f..urt.her
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~ovenant that any Insurance obtained' on their respective properties shall contah. -dn appropriate provision whereby the
1nsurance company or companies consent(s) to the mutual release of liability contained in this paragraph.
8.0~ Increase!n Fire Insurance. Premiums. Te~a~t 8grees not to keep, use, sell or offer for sale, in or upon the
leased prem1ses, any artlcles or goods whlCh may be proh1b1ted by the standard form of fire insurance policy. Tenant agrees
to pay upon demand any increase in premfun for fire and extended coverage insurance and all other perils that may be charged
durin~ the term of this lease on the amount of such insurance which may be carried by Landlord on said premises, or the
build1ng of which the same are a part, resulting from the use of the leased premises by Tenant, whether or not landlord has
consented to such use. '
. ~.O~. liability Insurance. ~enant shal~, during the entire term hereof, keep in full force and effect a policy of
publ~c l,ab,llty and property damage ,nsurance w'th respect to the leased premises and the business operated by Tenant and
permItted subtenants of Tenant in the leased premises in which the limits of coverage shall not be less than $1 000000 per
occurrence for bodily and/or personal injuries, and in which the coverage for property damage liability shall 'not'be less
than $1,000,000 or a combined single limited of $1,000,000.
8.05 Indemnification of Landlord. Tenant will protect, indemnify, defend and save harmless Landlord its agents
and ser--:ants, from and against any and all claims, actions, damages, suits, judgments, decrees, orders, liability and expense
(includlng costs and attorney fees) in connection with Loss of life, bodily injury, personal injury and/or damage to property
of ~hatever kind or character, howsoever caused, arising from or out of any occurrence in, upon or about the leased premises,
~r In.th~ occupancy or u~e by Tenant of the leased premises or any part thereof, or occasioned wholly or in part by any act
or ~'ss10n 0: Tenant, 1ts agents, contractors, employees, servants, sublessees or concessionaires, notwithstanding any
posslble negllgence (whether sole, concurrent or otherwise) on the part of LandLord, its agents, contractors, employees or
servants.
8.06 . Plate Glass Insurance. Tenant shall keep and maintain in force during the term hereof, plate glass insurance
upon windows and doors in the leased premises.
8.07 LiQuor Liabilitv Insurance. In the event that at any time during the term of this Lease or any extension or
renewal thereof, beer, wines or other alcoholic liquors or beverages are sold or given away upon or from the Leased premises
(it being understood and agreed, however~ that the foregoing provision shall not authorize the use of the leased premises
for such purposes without the express consent of landlord being set forth otherwise in this lease), Tenant shall, at its
sole expense, obtain, maintain and keep in force, adequate liquor liability insurance protecting both Tenant and landlord
in connection therewith within policy Limits acceptable to landlord. In the event Tenant shall fail to procure such
insurance where applicable, landlord may procure the same at Tenant's expense. tn the event such insurance is not carried,
sales of the foregoing products shall be suspended until such coverage is in force.
8.08 Insurance PoLicy. The insurance required in this Article VItI shall be in form approved by Landlord, shall
name Landlord and Tenant as the insured, and shall contain 8 clause that the insurer will not cancel, materially modify or
fail to renew the insurance without first giving landlord thirty (30) days' prior written notice. The insurance shall be
in an insurance company approved by landlord, authorized to do business in the State and have a policyholder's rating of
no less than tlA" in the most current edition of Best's Insurance Reports. A copy of the policy or a certificate of insurance
shall be delivered to Landlord. The polley shall Insure Tenant's performance of the indemnity provisions of Section 8.05
hereof.
ARTICLE IX: UTILITIES
9.01 Utility CharQes. Tenant shall be solely responsible for and promptly pay all charges for heat, water, gas,
sewer, electricity, or any other utility or service used on or attributable to the leased premises. Landlord may elect to
furnish anyone or more of the above utility services, in which event Tenant shall accept and use such services as furnished
by landlord. Landlord's charges therefor shall not exceed the rates charged by local public utility companies to retail
customers for the same or similar services. In no event shall Landlord be liable for an interruption or failure in the
supply of any such utilities or services supplied by landlord because of necessary repairs or improvements or for any cause
beyond landlord's control.
ARTICLE X: PRIORITY OF LEASE
10.01 Subordination. landlord shall have the right to transfer, mortgage, assign, pledge, and convey in whole or
in part the leased premises, the Shopping Center, this lease and all rights of Landlord existing and to exist, and rents
and amounts payable to it under the provisions hereof; and nothing herein contained shall limit or restrict any such right,
and the rights of Tenant under this lease shall be subject and subordinate to all Instruments executed and to be executed
in connection with the exercise of any such right of landlord, including, but not limited to, the lien of any mortgage, deed
of trust or security agreement now or hereafter pLaced upon the leased premises and the Shopping Center and to all renewals,
modifications, consoLidations, participations, replacements and extensions thereof. Said subordination shall not require
the agreement or consent of Tenant, but Tenant covenants and agrees, if requested, to execute and deliver upon demand such
further instruments subordinating this Lease to the lien of any such mortgage, deed of trust or security agreement as shall
be requested by landlord and/or any mortgage, proposed mortgagee or holder of any security agreement, and Tenant hereby
irrevocably appoints Landlord as its attorney-in-fact to execute and deliver any such instrument for and in the name of
Tenant. Notwithstanding anything set out in this lease to the contrary, in the event the holder of any mortgage or deed
of trust elects to have this lease superior to its mortgage or deed of trust, then, upon Tenant being notified to that effect
by such encumbrance holder, this lease shaLL be deemed prior to the lien of said mortgage or deed of trust, whether this
lease is adopted prior to or subsequent to the date of said mortgage or deed of trust.
10.02 Notice to landlord of Default. In the event of any act or omission by landlord which wouLd give Tenant the
right to terminate this lease or claim a partial or. total eviction, or make any claim against landlord for the payment of
money, Tenant wiLl not make such claim or exercise such right until it has given written notice of such act or omission to
(a) Landlord; and (b) the holder of any mortgage, deed of trust or other security instrument as to whom Landlord has
instructed Tenant to give copies of all of Tenant's notices to landlord; and after thirty (30) days shall have elapsed
following the giving of such notice, during which such parties or any of them has not commenced diligently to remedy such
act or omission or to cause the same to be remedied. Nothing herein contained shall be deemed to create any rights in Tenant
not specifically granted in this lease or under applicable provisions of Law.
10.03 Estoooel Certificate. Tenant agrees, at any time, and from time to time, upon not less than ten (10) days'
prior notice by landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or
other party designated by landlord certifying that this lease is in full force and effect (or, if there have been
modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual
commencement and expiration dates of the lease, stating the dates to which rent, and other charges, if any, have been paid,
that the leased premises have been completed on or before the date of such certificate and that all conditions precedent
to the lease taking effect have been carried out, that Tenant has accepted possession, that the lease term has commenced,
Tenant is occupying the leased premises and is open for business, and stating whether or not there exists any default by
either party in the performance of any covenant, agreement, term, provision or condition contained in this lease, and, if
so, specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant;
it being intended that any such statement del ivered pursuant hereto may be relied upon by landlord or a purchaser of
landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the leased premises or the
Shopping Center. If Tenant does not deliver such statement to landlord within such ten (10) day period, Landlord and any
prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and
provisions of this lease have not been changed except as otherwise represented by Landlord; (ii) that this lease has not
been canceled or terminated except as otherwise represented by landlord; (fiO that not more than one (1) ~onth' minimum
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rent o.r other charges have been pa.id",n""advanee; and (iv) that Landlord is not in dt.'...iult under the Lease. In such event,
Tenant shall ~ estopped fr~ denyIng the truth o! such facts. Tenant shall also, on ten (10) days' written notice, provide
an agreement '" favor of and 1n the form customar11y used by such encumbrance holder by the terms of which Tenant will agree
!o give prompt written notice to any such encumbrance holder in the event of any c~sualty damage to the leased premises or
1n the event of any default on the part of Landlord under this lease, and will agree to allow such encumbrance holder a
reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self-
help under this lease, if any, or terminating or declaring a default under this Lease.
10a04 Attornment. At the option of the holder of any mortgage affecting the leased premises, Tenant agrees that
no fore~losure of a mortgage affecting the Leased premises, nor the institution of any suit. action, summary or other
proceed1ng against t8nd\0~ herein, or any successor landlord, or any foreclosure proceeding brought by the holder of any
such mortgage to recover ~ssession of such property, shall by operation of law or otherwise result in cancellation or
termination of this Leese or the obligations of Tenant hereunder, and upon the request of the holder of any such mortgage,
Tenant covenants and agrees to execute an instrument in writing satisfactory to such party or parties or to the purchaser
of the leased premises in foreclosure whereby Tenant attorns to such successor in interest.
ARTICLE XI: ASSIGNMENT AND SUBLETTING
11.01 Consent Reauired. Tenant shall not VOluntarily or involuntarily assign this lease in whole or in part, nor
sublet all or any part of the leased premises without following the procedures detailed herein and the prior written consent
of landlord in each i"stance~ which consent ~y be granted or withheld in Landlord's sole discretion. The consent by
landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent
assignment or subletting. The foregoing shall be construed to include a prohibition against any voluntary or involuntary
assignment or subletting arising by operation of law.
In the event that Tenant receives a b9na fide written offer from a third party for the sublease or assignment of
the leased premises, Tenant shall forthwith notify landlord in writing attaching a copy of said offer, of Tenant's desire
to sublet or assign tMs lease upon the terms of said offer, :whereupon landlord shall have thirty (30) days to accept or
reject said assigrment or sublease. or at landlord's sole option cancel and terminate this lease, including the right to
enter into a direct lease with the proposed assignee or subtenant before or after such termination.
Notwithstanding any assignment or sublease, Tenant shall remain fully liable on this Lease and shall not be released
from performing any of the terms, covenants, and conditions hereof. If Tenant is a corporation or partnership, any sale,
transfer. leveraged buyout or'other disposition of more than fifty percent (50%) of the corporate stock or more than fifty
percent (50%) of partnership ownership, or any reorganization or restructuring which results in the net worth of Tenant
decreasing by more tha~ ten percent (10%) shall be deemed to be an assignment.
landlord shall have the right to sell, convey. transfer or assign all or any part of its interest in the real
property and the buildings of which the leased premises are a part or its interest in this Lease. and Tenant agrees to attorn
to Landlord's purchaser or assignee. All covenants and obligations of landlord under this lease shall cease upon the
execution of such conveyance, transfer or aSSignment. but such covenants and obligations shall run with the land and shall
be binding upon the sut:>sequent owner or owners' thereof or of this leasea
ARTICLE XII: WASTE. GOVERNMENTAL AND INSURANCE REQUIREMENTS.
AND HAZARDOUS SUBSTANCES
12.01 Waste or Nuisance. Tenant shall not commit or suffer to be committed any waste upon the leased premises or
any nuisance or other sct or thing which may disturb the quiet enjoyment of any other tenant in the building in which the
leased premises may be located or in the Shopping Center. or which may disturb the quiet enjoyment of occupants of adjoining
propertiesa
12.02 Governmental and Insurance Reauirements. Tenant shall, at its sole cost end expense, comply with all of the
requirements of any insurance carrier for the Shopping Center and of all county, municipal, state, federal and other
applicable governmental authorities, now in force or which may hereafter be in force.
12.03 Hazardous Substances. Tenant covenants and warrants that Tenant, Tenant's Work and any alterations thereto
and Tenant.s use of leased premises will at all time comply with and conform to all laws, statutes, ordinances, rules and
regulations of any governmental, quasi~goverMlental or reguLatory authorities ("Lawsll) which relate to the transportation,
storage. placement, handling, treatment, discharge. generation, production or disposal (collectively "Treatment") of any
waste, petroleum product, waste products, radioactive'wBste, poly~chlorinated biphenyls, asbestos, hazardous materials of
any kind, and any substance which is regulated by any Law, statute ordinance, rule or regulation (collectively IIWastell).
Tenant further covenantS and warrants that it will not engage in or permit any person or entity to engage in any Treatment
of any Waste on or which affects the leased premises.
Immediately upon receipt of any Notice (as hereinafter defined~ from any person or entity, Tenant shall deliver to
landlord a true. correct and cooplete copy of any written Notice. "Notice" shall mean any note, notice or report of any
suit, proceeding, investigation, order. consent order, injunction, writ. award or action related to or affecting or
indicating the Treatment of any Waste in or affecting the leased premises.
Tenant hereby sgrees it will indemnify, defend, save and hold harmless landlord and landlord's officers, directors,
shareholders, employees, agents, partners, and their respective heirs, successors and assigns (collectively ItIndemnified
Partiesll) against and from. and to re.imburse the Indemnified Parties with respect to, any and all damages, claims,
1 iabU ities loss costs and expense (including, without l imitation, all attorneys' fees and expenses, court costs,
administrative co;ts and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising
out of: (a) the breach of any representation or undertaking of Tenant under this Section 12.03 or (b) arising out of the
Treatment of any Waste by Tenant or any licensee. concess;onaire, manager or other party occupying or using the leased
premises, in or affectfng the leased premises.
landlord is given the right, but not the obligation, to inspect and monitor the leased premises and Tenant's use
of the Leased premises in order to confirm Tenant's compliance with the terms of this Section 12.03 an? the representati~ns
set forth in this Section 12.03. landlord may require that Tenant deliver to Landlord concurrent w1th Tenant's vacat1ng
the leased premises upon the expiration of this lease. or any earlier vacation of the leased premises by Tenant, at Tenant's
expense, a certified 6tatement by l icens,ed engineers satisfactory to Landlord, in form and substance sa~isfactory. to
landlord, stating that Tenant, Tenant's Work and any alterations thereto and Tenant's use of the leased prem1ses complled
and conformed to all Laws which relate to the Treatment of any Waste in or affecting the leased premises.
Tenant agrees to deliver upon request from landlord estoppel certificates to landlord expressly stipulating whether
Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the leased premises, and whether Tenant
has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the leased premises,
whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the leased premises and whether,
to the best of Tenant'$ knowledge, such an occurrence has otherwise occurred at or affecting the leased premises.
ARTICLE XIII: PROMOTION FUND
13.01 Promotion Fund. landlord may establish an Advertising, Marketing and Promotional Program (hereinaf~er
referred to as the "programll) to furnish and maintain advertising and sales promotions which will benefit the Shoppmg
Center. The Promotion Fund shall be used by landlord to pay all costs and expenses associated with the f~r:mu ti.on. .a.nd.
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I carrrir19 out of an on9oin~ Program ~t__.., .'Ie promoti.on of the Shopping Center, which f' 'am may include, without limitation,
specl~l events, .show.s, d1Spl.ay~, slgn&, seasonal events, institutional advertfsing--1'or the Shopping Center, pranotional
material to be dlstrlbUted wlthln the Shopping Center, and other activities within the Shopping Center designed to attract
customers. The staff and any consultants hired by landlo~ to direct and perform the activities of the Program shall be
under t~e direction and supervision of ~andl~rd. L~ndlor~ has the exclusive right to review and approve of all proposed
activitles and acts of the Program and, In its sole dlscretlon, may approve, disapprove and/or establish its own conditions
for the Program.
Tenant agrees to pay monthly, in advance, the sum set forth in Section 1.01(0) as its estimated share of the
Promotion Fund. landlord shall supply Tenant. with a statement covering all costs and expenditures as enumerated in this
section and a determination of Tenant's share. Tenant shall pay to Landlord its share of the cost of the Program as the
same will be billed by Landlord from time to time. In the event the amount paid by Tenant shall be less than its share,
the same shall be paid within ten (10) days after notice of such determination, or in the alternative, any payment made by
Tenant in excess of its share of the sum, shall be credited to the next sums due from Tenant. Said statement shall also
contain a determination by Landlord of the monthly sun to be paid by Tenant during the succeeding months, which determination
shall be based in part on the statement of expense for the preceding period modified by any known increases in the cost of
the Program.
Upon request of Landlord, Tenant shall submit to Landlord on a calendar quarterly basis its completed Promotion
Report, which will be supplied by Landlord and will include sales results and other information necessary from Tenant in
determining the Program's effectiveness.
ARTICLE XIV: DESTRUCTION OF LEASED PREMISES
14.01 Partial Destruction. In the event of the partial destruction of the building or improvements located on the
leased premises by fire or any other casualty, Landlord shall restore or repair said building and improvements with
reasonable diligence. Landlord shall expend such sums as required to repair or restore improvements to the condition they
were in immediately prior to the date of the destruction. A just and proportionate part of the rent payable by Tenant to
the extent that such damage or destruction renders the leased premises untenantable shall abate from the date of such damage
or destruction until the leased premises are repaired or restored.
14.02 Substantial Destruction. If the leased premises shall be so damaged by fire or other casualty or happening
as to be SUbstantially destroyed, then Landlord shall have the option to terminate this Lease by giving Tenant written notice
within thirty (30) days after such destruction, and any unearned rent shall be apportioned and returned to Tenant. If
Landlord does not elect to cancel this Lease as aforeSaid, then the same shall remain In full force and effect and Landlord
shall proceed with all reasonable diligence to repair and replace the leased premises to the condition they were in prior
to the date of such destruction, and during the time the leased premises are so destroyed and totally untenantable, the rent
shall be abated.
14.03 Partial Destruction of Shocoinq Center. In the event that sixty percent (60%) or more of the gross leasable
area in the Shopping center shall be damaged or destroyed by fire or other cause, notwithstanding that the leased premises
may be unaffected by such fire or other cause, Landlord shall have the right, to be exercised by notice in writing delivered
to Tenant within sixty (60) days after said occurrence, to cancel and terminate this Lease. Upon the giving of such notice
to Tenant, the tenm of this Lease shall expire by lapse of time upon the third C3rd) day after such notice is given, and
Tenant shall vacate the leased premises and surrender the same to Landlord pursuant to the terms of this Lease.
ARTICLE XV: EMINENT DOMAIN
15.01 Condemnation. In the event of any condemnation or conveyance in lieu thereof. of the leased premises or the
Shopping Center, or both, whether whole or partial, Landlord may terminate this Lease, and in any event, Tenant shall have
no claim against Landlord or the condemning authority for the value of the unexpired term, and Tenant shall not be entitled
to any part of the compensation or award, whether paid as compensation for diminution in value to the leasehold or to the
fee of the leased premises, and Landlord shall receive the full amount thereof, Tenant hereby waiving any right to any part
thereof and assigning to Landlord its interest therein; provided, however, to the extent the amount recoverable by Landlord,
as hereinabove set forth, is not diminished thereby, Tenant shall have the right to claim~nd recover from the condemning
authority (but not from Landlord) such compensation as may be separately awarded to Tenant in Tenant's own name and right
on account of all damase to Tenant's business by reason of the condemnation and any cost which Tenant may incur in removing
Tenant's property from the leased premises. Provided, further, Tenant's rights to recover under this paragraph shall b~
subordinate to the rights of Landlord's first mortgagee.
ARTICLE XVI: DEFAULT OF TENANT
16.01 Default. The following shall constitute an "Event of DefaultlJ under this Lease:
(a) failure of Tenant to make, ,within five (5) days after the date when due, any payment of rent,
percentage rent, additional rent or other charge payable by Tenant hereunder or to timely discharge any other
monetary obligation (it being understood that Tenant's obligation to pay any rental herein is an independent
covenant and that Tenant will pay such rental without offset or deduction).
(b) Tenant's failure to perform any other of the terms, conditions or covenants of this Lease to be
observed or performed by Tenant for more than thirty (30) days after written notice thereof; provided, however, that
such right to written notice shall be noncumulative and limited to a maximum of two (2) times during each calendar
year of the term of this Lease.
(c) if Tenant shall become bankrupt or insolvent, or file or have filed against it any bankruptcy
proceedings, or take or have taken against it in any court pursuant to any statute, either of the United State~ or
of any state a petition of bankruptcy or insolvency, or for reorganization or for the appointment of a recelver
or trustee 01 all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors,
or petitions for or enters into an arrangement.
(d) if Tenant shall abandon or vacate the leased premises, or suffer this Lease to be taken under any writ
of execution.
(e) if Tenant shall default in the timely payment of rent, additional rent, taxes, insurance or common area
charges or other charge payable by Tenant hereunder or to timely discharge any other monetary obligation three (3)
times in any twelve (12) month period notwithstanding the fact that any such default shall have been cured.
(f) the falsification by Tenant or any agent of Tenant of any report or statement required to be furnished
to Landlord pursuant to the terms of this Lease. The falsification of any such docUllent shall be deemed an
incurable, material breach of this lease and, at Landlord's option, constitute an immediate termination of Tenant's
r'ght to possession of the leased premises.
If any Event of Default occurs, Landlord, besides all such other rights or remedies it may have under this Lease
or in law or in equity, shall have the immediate right to enter the leased premises and take. possession thereof and of.all
permanent improvements thereon and may remove all persons and property from the leased premlses by force, summaryactlon,
or otherwise and such property may be removed and stored in a publ ic warehouse or elsewhere at the cost of and for tlw
account of T~nant, all without service of notice or resort to legal process, and without being deemed 9Ui/t00f trespass
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or becoming liable for any loss or darria:ge which may be occasioned thereby. Tenant 8&i'eeS that Tenant shall have no further
claim under this Lease and shall quit and deliver up the possession of the leased premises, including permanent inprovements
to the leased premises, when this lease tenminates by limitation or in any other manner provided for herein.
16.02 Remedies. If an Event of Default occurs, Landlord may elect to re-enter, 8S herein provided, or take
possession pursuant. to legal proceedings or pursuant to any notice provided for herein, and it may either terminate this
Lease, or it may from time to time without tenrninating this lease make such alterations and repairs as may be necessary in
order to relet the leased premises or any part thereof for such term or terms (which may be for a term extending beyond the
term of this lease) and at such rental or rentals and upon such other terms and conditions as landlord, in its sole
discretion, may deem advisable. upon each such reletting all rentals received by landlord from such reletting shall be
applied first to the payment of any Indebtedness other than rent due hereunder from Tenant to landlord; second, to the
payment of any costs and expenses of such reletting, including brokerage fees and attorneys' fees, and of costs of such
alterations and repairs; thi~, to the payment of the most current rent owed at that time; and the residue, if any, shall
be held by landlord and applIed In payment of future rent as the same may become due and payable hereunder from Tenant.
If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant
hereunder, Tenant shall be liable for the payment of such deficiency to landlord. Such deficiency shall be calculated and
become payable monthly. No such re-entry or the taking of possession of the leased premises by Landlord shatl be construed
as an election on its part to terminate this lease or to accept a surrender thereof unless a written notice of such intention
be given to Tenant. Notwithstanding any such reletting without termination, landlord may at any time thereafter elect to
terminate this Lease for such previous breach. Should landlord at any time terminate this lease for any Event of Default,
in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach,
including the cost of recovering the leased premises, and the worth at the time of such termination of the excess, if any,
of the amount of rent and charges equivalent to rent reserved in this lease for the remainder of the stated term over the
then-reasonable rental value of the leased premises for the remainder of the stated term, all of which amounts shall be
irimediately due ,and payable from Tenant to Landlord. In determining the rent which would be payable by Tenant hereunder
subsequent to default, the annual rent for each year of the unexpired term shall be equal to the average annual minimum and
percentage rents paid by Tenant from the commencement of the term to the time of default, or during the preceding three (3)
full calendar years, whichever period is shorter. Any reletting shall be done in such a manner as landlord may deem proper,
and if Tenant believes landlord's efforts are not sufficient, Tenant shall so notify landlord in writing and shall specify
in detail such additional action landlord should take. Unless such notice is given, landlord's efforts to relet shall be
deemed to be adequate. Tenant agrees that this lease is a lease of "real property in 8 shopping center" and that a debtor
in possession and/or trustee in bankruptcy acting pursuant to the provisions of the revised bankruptcy code, may ass\IIle this
lease only if, in addition to such other conditions of this lease and of applicable law, said debtor in possession/trustee
shall provide Landlord with such written assurances of future performance as are acceptable to Landlord. Any closing of
Tenant's business, change in product or service mix, alteration in the size of the leased premises, change in advertising
program, change in method of operation or change of Tenant's trade name by said debtor in possession/trustee shall be deemed
to be a material disruption in the tenant mix and balance of the Shopping Center. landlord shall have at all times a valid
lien for'all rentals and other sums of money becoming due hereunder from Tenant, upon all goods, wares, equipment, fixtures,
furniture and other personal property of Tenant situated on the leased premises, and such property shall not be removed
therefrom without the consent of landlord until all arrearages in rent as well as any and all other sums of money then due
to landlord hereunder shall first have been paid and discharged. Upon the occurrence of any Event of DefauLt by Tenant.
Landlord may, in addition to any other remedies provided herein or by law or equity, enter upon the leased premises and take
possession of any and all goods, wares, equipment, fixtures, furniture and other personal property of Tenant situated on
the leased premises without liability for trespass or conversion, and sell the same with or without noti~e at public or
private sale, with or without having such property at the sale, at which landlord or its assigns may purchase, and apply
the proceeds thereof less any and all expenses connected with the taking of possession and sale of the property, as a credit
against any sums due by Tenant to landlord. Any surplus shall be paid to Tenant, and Tenant agrees to pay any deficiency
forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure
of security interest or in any other form provided by law, Any statutory lien for rent is not hereby waived, the express
contractual lien herein granted being in addition and supplementary thereto. Tenant will execute upon Landlord's request
a financing statement and security agreement evidencing Landlord's security interest in Tenant's personal property and
warrants to landlord that there are no prior liens or security interests on said personal properties. In addition to other
remedies available under this lease, in the event of an occurrence of an Event of Default or, in the event of a threatened
breach by Tenant of any of the covenants or provisions hereof, Landlord shall have the right of injunction and the right
to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein
provided for. Mention in this Lease of any particular remedy shall not preclude landlord for any other remedy, in law or
in eqUity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws
in the event Tenant is evicted or dispossessed for any cause, or in the event landlord obtains possession of the leased
premises. No receipt of monies by landlord from or for the account of Tenant or from anyone in possession or occupancy of
the leased premises after the termination in any way of this lease or after the giving of any notice of termination shall
reinstate, continue or extend the term of this Lease or affect any notice given to Tenant prior to the receipt of such money;
it being agreed that after the service of notice of termi-nation or coomencement of a suit, or after final judgment for
possession of the leased premises, landlord may receive and collect any rent or other amounts due landlord and such payment
shall not in any respect reinstate this lease and shall not waive, affect or impair said notice, said suit or said judgment
without the express written consent of landlord. No delay or omission of landlord to exercise any right or remedy under
this lease, or in law or in equity shall be construed as a waiver of any such right or remedy of any Event of Default.
16.03 Legal Exoenses. If suit shall be brought or claim shall be made (whether or not suit is commenced or judgment
entered) for recovery of possession of the leased premises, and/or the recovery of rent or any other amount due under
provisions of this lease, or because of the breach of any other covenant herein contained" and the breach shall be
established, the non.prevailing party shall pay to the prevailing party, in addition to all other sums and relief available
to the prevailing party, all expenses incurred the~efor, including reasonable attorneys' fees to the extent permitted by
taw.
16.04 Failure to Pay: Interest. If Tenant at any time shall fail to pay any taxes, assessments or liens, provide
insurance or perform any act required by this Lease to be made or performed by it, or fail to pay any charge payable by
Tenant or to timely discharge any other monetary obligation of Tenant required by this Lease, landlord, without waiving or
releasing Tenant from any obligation or default under this lease, may (but shall be under no obligation to) at any time
thereafter make such payment or perform such act for the account and at the expense of Tenanta All sums so paid by landlord
and all costs and expenses so incurred shall accrue interest at a rate equal to the lesser of one and one-half percent (1~5%)
per month or the maxinum rate permitted by law, from the'date of payment or incurring thereof by landlord and shall
constitute additional rent payable by Tenant under this lease and shall be paid by Tenant to landlord upon demand.
ARTICLE XVII: ACCESS SY lANDLORD
17.01 Rloht of Entrv. landlord or landlord's agents shall have the risht to enter the leased premises at all
reasonable times to examine the same and to show it to purchasers and to make such repairs, alterations, improvements or
additions as landlord may deem necessary or desirable, and landlord shall be allowed to take all material into and upon the
leased premises that may be required therefor without the same constituting an eviction of Tenant in whole or ~n part.
During the six (6) months prior to the expirati~n of the term of this lease or any renewal term, landlord may exhIbit the
leased premises to prospective tenants or purchasers and place upon the leased premises the usual signage for space rental.
Nothing herein contained, however, shall be deemed or construed to impose upon landlord any obligation, responsibility or
liability whatsoever for the care, maintenance or repair of the building or any part thereof~ except as otherwise herein
specifically provided.
9
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ARTICLE XVIII: TENANT'S PROPERTY
18.01 Taxes on LeB~ehold. Tenant sh~ll be resporysible for end shall pey before delinquency all municipal, county,
or state taxes assessed dur1ng the term of th,S Lease agB1nst any leasehold interest or personal property of any kind owned
by or placed in, upon, or about the leased premises by Tenant.
. 18.02. Loss and oama.e. Landlord shall not be ~i~ble for any injury or damage to parsons or proparty reSUlting from
f1re! explos1on, faLLi~9 plaster! steam, gas, eleetrlclty, water, rain or snow, or leaks from any part of the leased
premlses, or from the plpeS, appllances or plumbing works, or from the roof, street or subsurface, or from any other place,
or by dampness or by sny other cause of whatsoever nature, and whether originating in, the leased premises or elsewhere.
All property of Tenant kept or storad on the leas"? pramYs;s shall be so kept or storad at the risk of Tenant only, and
Tenant hereby holds Landlord hermless from any cla,ms arlsmg out of damage to the same including subrogation cleims by
Tenant's insurance carriers, a waiver of which shall be obtained in advance by Tenant. '
18.03 Notice bv Tenant. Tenant shall give immediate notice to landlord in case of fire or accidents or damage to
or of defects in the leased premises or in the building of which the leased premises are a pert. '
ARTICLE XIX: NOLDING OVER: SUCCESSORS
19.01 Holdina O~r. Any holding over after the expiration of the term hereof, with or without the consent of
Landlord, shall be construed to be a tenancy from month to month at the rents herein specified (prorated on a monthly basis)
and s~alt .otherwise be on .the terms and cont!it.ions herein specified, so far a~ appUcable; prov.ided,. however, if such holding
over 18 wlthout the constmt of Landlord, m1nllJUIl rent for such holdover penod shall be two (2) t'Hnes the mininun rent due
for the last month of the lease term.
19.02 Successors and Assians. Except as otherwise herein provided, this lease and all the covenants terms
provisions and condition6 herein contained shall inure to the benefit of and be binding upon the heirs, representatives;
successors and assigns of each party hereto, and all covenants herein contained shall run with the land and bind any and
all successors in title to Landlord.
ARTICLE XX: QUIET ENJOYMENT
20.01 Landlord's Covenant. Upon payment by Tenant of the rents herein provided, and upon the observance and
performance of all the coV'enants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably
and quietly hold and enj~y the leased premises for the term hereby demised without hindrance or interruption by Landlord
or any other person or persons lawfully or equitably claiming by, through or under landlord; subject, nevertheless, to all
the terms and conditions of this lease.
ARTICLE XXI: MISCELLANEOUS
21.01 Waiver~ The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not
be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained.
No covenant, term or condition of this lease shall be deemed to have been waived by Landlord unless such waiver shall be
in writing.
21.02 - Accord and Sati~faction, No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent
installments herein stipulated shall be deemed to be other than on account of the most current stipulated rent owed at that
time, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed
an accord and satisfaction.
21.03 No PartnershiD. landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct
of its business or other~ise, or joint adventurer or a member of a joint enterprise with Tenant.
21.04 Force Maieure. In the event that either party hereto shalL be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials,
failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature
not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then the time
allowed for performance of such act shalt be extended by a period equivalent to the period of such delay. The provisions
of this Secti,on 21.04 shell not operate to excuse Tenant from the prompt payment of rent, percentage rent, additional rent
or any other payments required by the terms of this Lease.
21.05 landlord's Liabilitv. If landlord shall fail to perform any covenant, term or condition of this lease upon
landlord's part to be pe.rformed, Tenant may not terminate the lease, and Tenant's sole remedies shall be money damages
(except as set forth in Section 21.16) and specific performance. If Tenant shall recover 8 money judgment against Landlord,
such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon
against the right, title and interest of Landlord in the Shopping Center as the same may then be encumbered and neither
Landlord nor if landlord be a partnership, any of the partners cDq)rfsing such partnership shall be liable for any
deficiency. It is understood thet in no event shall Tenant have any right to levy execution against any property of landlord
other than its interest in the Shopping Center as hereinbefore expressly provided. In the event of the sale or other
transfer of Landlord's right, title and interest in the leased premises or the Shopping Center, Landlord shall be released
from all liability and obligations hereunder.
21.06 Notices and Payments. Any notice by Tenant to landlord IIlJSt be served by Federal Express or similar overnight
delivery service or by certified mail, postage prepaid, addressed to landlord at the place designated for the payment of
rent, or at such other address as landlord may designate from time to time by written notice. Any notice by Landlord (which
may be given by Landlord or landlord's attorney or management company) to Tenant must be served by Federal Express or similar
overnight delivery service or by certified mail, postage prepaid, addressed to Tenant at the leased premises, or at such
other address as Tenant may designate from time to time by written notice to landlord. All notices shall be effective upon
delivery or attempted, delivery in accordance with this Section 21.06. Until otherwise notified in writing, Tenant shall
pay all rent reserved herein and all other sums required under this Lease by check payable to the order of Landlord and shall
forward the same to landlord as herein provided.
21.07 Financial Statements. The persons signing this Lease on behalf of Terant hereby personally represent and
warrant to Landlord that the financial statements delivered to landlord prior to the execution of this Lease properly reflect
the true and correct value of all the assets and liabilities of Tenant and Guarantors. Tenant acknowledges that in entering
into this Lease, landlord is relying upon such statements and Tenant shall supply landlord updated financial statements of
Tenant and Guarantors each lease Year and from time to time as requested by Landlord.
21~08 Guarantors. This lease shall not be effective unless the persons, if any, listed in Section 1.01Cq) hereof
shall execute the Guaranty attached as Exhibit "e" of this Lease.
21.09 Captions and Section Numbers. The captions, section numbers, article numbers and headings appearing in this
Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent
of such sections or articles of this lease.
21.10 Definitions. The word "Tenantll shall mean each and every person, firm or corporation mentioned as a Tenant
herein, be the same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms
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thereof. If there shall be more than one Tenant. they shall aU be bound Jolntly'and severally.
21.11 Partial Invalidity. If any term, covenant or condition of this lease. or the application thereof to any
person or circumstance, shalt to any extent be invalid or unenforceable, the remainder of this lease 'or the application of
such term. covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law.
21.12 RecordinA. This lease or a certificate or memorandum thereof prepared by landlord may. at the option of
Landlord. be recorded. Tenant shall execute ~ny such certificate, short form Lease or memorandum upon'demand by Landlord.
21.13 Entire AAreement. The Lease. the exhibits and rider. if any, set forth all the covenants. promises,
agreements. conditions end understandings between landlord and Tenant concerning the leased premlses. and there are no
covenants. promises. agreements, conditions or understandings. either oral or written, between them other than as herein
set forth. All prior communications. negotiations. arrangements. representations. agreements and understandings, whether
oral, written or both, between the parties hereto and their representatives are merged herein and extinguished, this Lease
superseding and canceling the same. Except as herein otherwise provided. no subsequent alteration, amendment, change or
addition to this lease shalL be binding upon Landlord or Tenant unless reduced to writing and executed by the party against
which such subsequent alteration. amendment, change or modification is to be enforced. If any provision contained in any
rider hereto is inconsistent with any printed provisions of this Lease. the provision contained in such rider shall supersede
said printed provision. Tenant hereby acknowledges that (a) this Lease contains no restrictive covenants or exclusives in
favor of Tenant; and (b) this LeaSe shall not be deemed or interpreted to contain. by implication or otherwise, any warranty,
representation or agreement on the part of Landlord that any department store or regional' or national chain store or any
other merchant shall open for business or occupy or continue to occupy any premises in or adjoining the Shopping Center
during the term of this Lease or any part thereof. and Tenant hereby expressly waives all claims with respect thereto and
acknowledges that Tenant is not relying on any such warranty, representation or agreement by landlord either as a matter
of inducement in entering into this lease or as a condition of this Lease or 8S a covenant by landlord.
21.14 Jurv Trial: Claims: Survival. To the extent permitted by applicable law. and acknowledging that the
consequences of said waiver are fully understood. Tenant hereby expressly waives the right to trial by jury in any action
taken with respect to this ~ease and waives the right to interpose any set-off or counterclaim of any nature or description
in any action or proceeding instituted against Tenant pursuant to this lease. Notwithstanding anything in this lease to
the contrary. the representations and undertakings of Tenant under this lease shall survive the expiration or te~ination
of this lease rega~less of the means of such expiration or termination.
21.15 ADDlicable laW. This Lease and the rights and Obligations of the parties arising hereunder shall be construed
in accordance with the laws of the State.
21.16 Consents and Aoorovals. Whenever landlord's consent or approval is required herein, such consent or approval
shall not be deemed given until landlord has provided such consent or approval in writing. Tenant shall pay Landlord's
reasonable attorneys' fees incurred in connection with Tenant's request for landlord's consent or approval. Where the
consent or approval of Landlord shall be required, such consent or approval shall be granted in landlord's sole discretion
unless otherwise expressly provided. With respect to any provision of ~bis lease which either expressly provides or is held
to provide that landlord shall not unreasonably withhold or unreasonably delay any consent or approval, Tenant shall not
be entitled to make claim for, and Tenant expressly waives claim for. damages incurred by Tenant by reason of landlord's
failure to comply. it being understood and agreed that Tenant's sole remedy shall be an action for specific performance.
21.17 Authority. In the event Tenant hereunder shall be a corporation. the persons executing this lease on behalf
of Tenant hereby covenant and warrant that Tenant is a duly qualified corporation and all steps have been taken prior to
the date hereof to qualify Tenant to do business in the State; all franchise and corporate taxes have been paid to date;
all future forms. reports. fees and oth~r documents necessary to comply with applicable laws will be filed when due; and
those persons executing this lease on behalf of Tenant are duly qualified and authorized to bind, and in fact do bind. the
corporation. In the event Tenant hereunder shall be 8 partnership. either general or limited, the persons or entities
executing this lease on behalf of Tenant hereby covenant and warrant that Tenant is a duly qualified partnership and all
steps have been taken prior to the date hereof to qualify Tenant to do business in the State, if required by law; all
franchise and partnership taxes have been paid to date; all future forms. reports. fees and other documents necessary to
comply with applicable laws will be filed when due; and those entities executing this lease on behalf of partnershi~ are
duly qualified to bind, and in fact do bind, the partnership. This Lease shall be effective only when it is signed by both
landlord and Tenant. Tenant's submission of a signed lease for review by Landlord does not give Tenant any interest, right
or option in the leased premises.
21.18 JnterDretaticm. Both parties have read this lease and had the opportunity to employ legal counsel and
negotiate changes to the lease. The Lease is the joint product of the parties and, in the event of any ambiguity herein,
no inference shall be drawn against a party by reason of document preparation.
21.19 Brokers. Tenant represents and warrants to Landlord that no broker or agent negotiated or was instrumental
in negotiating orcoiiSimnating this Lease excepting only Broker. Broker is representing Landlord on this Lease. and Broker's
commission shall be paid by landlord. Tenant knows of no other real estate broker or agent who is or might be entitled to
a commission or compensation in connection with this Lease. All fees. commissions or other compensation payable to any
broker or agent of Tenant shall be paid by Tenant. Tenant shall hold landlord harmless from all damages and shall indemnify
Landlord for all damages paid or incurred by Landlord resulting from any claims asserted against Landlord by brokers or
agents claiming through Tenant. Tenant acknowledges that Tenant has been informed that person(s) associated with Broker
may have or may acquire an ownership interest in the Shopping Center. and Tenant acknowledges by signing this lease ,that
such ownership interest shall not affect the terms. conditions or validity of this lease.
ARTICLE XXII: SECURITY AND RENT DEPOSITS
22.01 Amount of Security Deoosit. Tenant, contemporaneously with the execution of this Lease, has deposited with
Landlord the sum set forth In Section 1.01(m), the receipt of which is hereby acknowledged by Landlord. Said deposit shall
be held by Landlord, without liability for interest, as security for the faithful. performance by Tenant of all th! ~erms.
covenants and conditions of this Lease by said Tenant to be kept and performed durlng the term hereof. Tenant speclflcally
agrees that any deposit held hereunder by Landlord may ,be commingled with any other funds of Landlord.
22.02 Use and Return of Security Deoosit. Should Tenant fail to keep and perfonm any of the terms. .covenants and
conditions of this Lease to be kept and performed by Tenant. as provided in Article XVI, landlord may approprlate and apply
said entire deposit. or so much thereof as may be necessary. to compensate landlord for loss or damage sust~ined by Landl~rd
due to such breach. without prejudice to its further rights and remedies. Should the entire security deposlt or any portloFl
thereof be appropriated and applied by landlord for the payment of overdue rent or other sums due from Tenant hereunder,
then Tenant shall upon the written demand of Landlord. forthwith remit to Landlord a sufficient amount in cash to restore
said deposit to the original sum deposited. Should Tenant comply with all the terms. covenants and ~onditio~s of thl~ Le~se.
the said deposit shall be returned in full to Tenant at the end of the term of this lease or upon lts earller termlnatlon.
22.03 Rent Deoosit. Tenant. contemporaneously with the execution of this lease has deposited with Landlord the sum
set forth in Section 1.01(n) to be held and applied to the initial rent due under this Lease.
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ARTICLE XXIII: TENANT COVENANTS: EASEMENTS
23.01 Tenant Covenants. Notwithstanding anything to the contrary contained herein, this lease is subject to and
made on the understanding that landlord has granted and/or wilt grant certain restrictions and exclusive 'use covenants to
other tenants of the Shopping Center (herein the "Tenant Covenantsll). Tenant' acknowledges that Tenant's use and/or occupancy
of the leased premises in violation of any current or future Tenant Covenants would subject Landlord to substanttal damages,
and as such, Tenant acknowledges and agrees that any such violation by Tenant of any such Tenant Covenants shall constitute
e defau\t hereunder entitling Landlord to cancel this lease or enjoin Tenant from violating such Tenant Covenants, or
exercise any of the remedies stated in Article XVI hereof and any other remedies available under the law of the State.
Nothing contained in this Section 23.01 shall De construed to permit Tenant to expand the use restrictions set forth in Sec~
tion 4.01 hereof.
23~02 Easements. The Shopping Center ;s and/or may be encllTlbered and/or benefitted from time to time by certain
easements, development and operating covenants, and similar agreements. Tenant agrees that it shall abide by any such
agreement, including as any such agreement may be amended from time to time in Landlord's sole discretion. Landlord shall
have the right to enter into and/or terminate any such agreement in landlord's sole discretion.
2-4~01 OOtion to Exterd~ So 10f'Ml 8S Tenant has never been in default of this lease dJrina the initial tera. Tenant r;t
shall have en OI>tion to extencl this lease for one (1) DOriocl of five (5) years. The rental for the ODtion DOriocl shall be
detennined bv the consuner Drice hdex as more SDeCificallv defined in Article 25..01. Tenant IIIJSt notify lardlord of its '.A
intention to exercise said option in writillA not less than one hl..l1dl"ed and eight (180) daYS orior ta the exDiration of the ~
initial term.. If all of the foreaoiM conditions are not met then said ootion shall be ooll and vOid. Exceot where ^'" "t
exPlicitly stated here. all t...... and conditio... of the lease "HI ......in full force and effect thr"""" the Uation of the "....,
oPtion Deriod..
25.01 Rent Adiustment~ BegimiM in Seoteuber 1. 1995. and each and every subsewent Seoteuber thereafter. the rent
shaH be adiusted in accoJidanee with \tie Consuner- p....ice Index as he....einafter Drovlded. The Adiustment shaH be Blade by
nultiDlvi"" the ....thlv rent of $1246.00 by a fraction. (the l1unerator of Ilhich shall be the Cons.unerPrice Index for the
....th of J.... 1995 a eaoh t J.... thoreafter and th denomi tor f Ilhich sha I be the Consuner Price. I for f)IR;:
J4;:} If':-othe month of JLIle'" .; the fraction is less than One Dollar $1 ~OO then the rent as ad usted.. for. the ,jor. ", "r sha_ll '..
. I remain in effect. Said ConSuner Price Index 15 herebv defined to be the Index now known as 'Rfbe COI1SlIDer Price ,Index:, -AU .
urban.consuners: U.s. City averaRe: All items: 1967 - 100..0. If such index shall be disconti'nJed. then the' successor 'f;f!.~.,f
Consuner Price Index Dreoared bv the u.s. Bureau of Labor Statistics or successor allencv ther'eto wh,ich most clearlv, fPi
a""roximates the defined index shall be used. Not,.ithstandi"" the foregoi"" the mini.... rental shall not be less then that r
provided in oaraArach 3.1 of this AQreement. Notwithstanding anvthing to the contrary the increas,es in rental dJe to the
consuner orice index shat 1 not be more than 5% or ,less than 31 in any one vear.
26.01 So lonq as Tenant is not in default and is 0Den far bJsiness as a dry cleaner~ landlord will not directly
lease anv sooce in the shocohllil center with the exceotion of soaces 12 and 3 as denoted on Exhibit QA- to another ShOD that
offers dry cleaning and latndrv services as its Drfman form of business.
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IN WITNESS WHEREOF, landlord and Tenant have executed this Lease as of the day and year first above written.
LANDLORD:
E..D CENTERS, a Missouri general
partnership
By: DOEV1llE lIMITED PARTNERSHIP, a
Oelaware limited partnership,
a general partner
By:
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TENANT: Thomas
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Printed Name:
Title:
R. Pullen, Chong S. Pullen
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EXHIBIT "A"
TO LEASE AGREEMENT
SITE PLAN
EXHIBIT A
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DESCRIPTjON OF lEASED PREMISES
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EXHIBIT "B"
TO LEASE AGREEMENT
DESCRIPTION OF LANDLORD'S WORK AND TENANT'S WORK
Attached to and forming a part of Lease
Landlord: E-D Centers, D.B.A Mechanicsburg Plaza
Tenant: Thomas R. Pullen & Chtng S. Pullen
Date: July 21, 1992
LANDLORD'S WORK
A. STRUCTURE
1. Frame, etc.: The structural frame, colwns, beams, floor and roof slabs shall be constructed with inconbJstfble
and/or wood ,framing. and the floor and roof slabs shall be designed to carry live loads in accordance with the governing
building codes. Roofs will be insulated roof deck construction. Exterior walls above grade will be concrete block and/or
suitable structural members, with ties for anchorage of exterior veneers such as brick, stone, and other suitable materials.
If any loads are applied to the roof or structural areas of the building which. in the opinion of Landlord shall be
considered excessive, any costs for handling these structural changes shall be borne by Tenant.
2. space heights: The minimum clear height measured between the floor slab and the ceiling when finished shall
generally be, as follows:
Sales Area 10
Stock Areas 10
B. STORE FRONTS
1. Design: Store fronts will be designed by landlord's architect. Special store front designs may be used if desired
by Tenant, at Tenant's expense. as set out below, provided the same is approved by landlord in writing.
C. INTERIOR FINISH
1. Floors: All floors will be concrete with smooth cement finish.
2. Ceilings: A suspended 2 x 4 grid system and 2 x 4 acoustical tiles will be installed. At Landlord's option, in
any stock areas so designated by Tenant, such area may either bave finished ac~ustical ceiling or exposed bar joist.
3. walls: Interior surfaces of walls enclosing leased areas will be finished with sheet rock (taped and ready for
paint). concrete or haydite block.
4. Toilet Roams: one toilet room will be provided in the leased premises with common toilet facilities for men and
women. ~ere the local codes require more than one toilet, the cost of said second toilet shall be borne by Tenant.
D. PARKING AREAS ANO ~ALKS
1. surface: Parking areas will be concrete or asphaltic concrete over crushed rock base on grade at landlord's
option. Walks and malls will be surfaced with concrete, stone, brick, tile or any other suitable materials as specified
by Landlord's architect.
2. Lighting: Parking areas. walks. and malls will be lighted; the minimum average maintained lighting level on the
surface of the parking areas will be one (1) foot candle.
E. ELECTRICAL WORK
1. public and service areas: Electrical wiring, electrical fixtures in common service areas and public areas will
be provided by Landlord.
2. Leased space: landlord will furnish six (6) duplex wall or duplex column outlets as set forth on plans. landlord
will provide one (1) empty 3/4" conduit for any necessary hookups. landlord will supply initial installation of fluorescent
strip lighting fixtures.
3. service: landlord will provide a 200 amp 3 phase service entrance, and power will be
brought to- the leased premises and stubbed in at panel and any increase in power requirements shall be: pai.d for by Tenant.
F. HEATING AND AIR CONDITIONING >?
1. Neating, Landlord will provide a heating system .11I,~ .HI 11'1 . ....... and air-conditioning system th~NfL:.0.'~.iJ!:) .
is rated at 8S is tons to be located as set forth in the plans. _
G. UTILITIES
1. W8ter, Gas, Etc.: Normal waste lines shall be brought to the leased premises, stubbed in and connected to the
public sewer.
2. In respect to gas, if this utility is available. SUbject to the sole discretion of Landlord. It shall be brought
to the leased premises. Water and electricity will also be brought to the leased premises. Tenant will be obligated to
supply Tenant's own meter, and in the event that landlord has supplied a meter, Tenant shall reimburse Landlord for said
cost of the meter. This cost shall be determined as th~t amount paid by Landlord to the utility company for the installation
of said meter.
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TENANT'S WORK
landlord's Work is limited to the work hereinabove described snd excludes work described as Tenant's Work' all work
not classified as landlord's York Is Tenant's Vork. '
Tenant's Work shall include all other necessary ill'!'rovements to operate Tenant's business and shall include but not
be limited to, the purchase and/or installation and/or performance of the following, and all the following sh~ll be at
Tenant's expense. The plans and specifications, if any are needed, and the detail and design shall be subject to the written
approval of landlord's architect.
A. ITEMS TO BE DONE
1. Telephone wiring, devices, and installation and service costs.
2. Inter. com, radio and TV conduit, devices and wiring.
3. l\ght covers end other cell ings not standard to the project.
4. Fire protection and detection devices, other than Landlord's sprinkler system, if any.
5. Store fixtures, furnishings, display devices and special column treatments.
6. Display window platforms, floors, backs and ceilings, interior or special rooms.
7. Store signs and special structural stiffeners and anchorage therefor.
8. Tenant shan bear the additional cost of a special store front over that of the standard "straightll front provided
by landlord, including installation of automatic doors.
9. Complete plans showing all details of interior design, electrical and mechanical items which affect Landlord's
Work, if required by landlord in order to prepare preliminary plans, including special venting or air handling equipment
necessary for Tenant's occupancy and use.
10. All Interior walls and curtain wall within the leased premises except as provided by landlord's Work C(3).
11. All signs in or on the leased premises inCluding construction. furnishing and installation. No sign shall be
erected without prior written approval of Landlord or Landlord's architect.
12. All requirements related to bottled water.
B. CONSTRUCTION
1. All work undertaken by Tenant shall be at Tenant's expense and shall not damage the building or any part thereof;
design and details shall conform with the standards of the project and shall be approved by landlord's architect.
2.. Work undertaken by Tenant during general construction shell be handled in the fo\lowir\g tnaf'ller:
a. Work attached to the structure such as additional plumbing, electrical work. plaster ins, terrazzo, etc.,
may be handled in any of the following ways:
(1) Awarded by lenant to hh own Contractor. who has been approved by tandlord's architect.
(2) Awarded to the Project Contractor through the use of unit prices which have been established for this
type of work by previous bidding.
b. Store furniture, fixtures, painting, floor covering, etc., may be let to any contractor approved by
landlord's architect. Tenants.shoutd attempt to allow Contractors for this category of Nork who are already
on the site to bid on their work.
PROCEDURE
1. landlord will provide Tenant, when preliminary plans have been prepared by landlord's architect, with scale
drawings, showing the general features of the leased premises, together-with information on suitable locations for air-
handti.ng units, toilet rooms and design.
2. In developing the working drawing, landlord reserves the right to make such necessary reasonable changes and
adjustments which are the result of detailed technical development of the preliminary studies.
3. Tenant shall have the right to substitute more expensive items for items normally provided by landlord hereunder.
in which event Tenant shall complete such items at Tenant's cost, and landlord shall give Tenant an allowance based upon
the cost of the item landlord would have been required to complete. All such work performed by Tenant shall be subject to
the approval of landlord's architect.
The aforesaid is agreed to as of the day and year first above writt .
E-D Centers, D.B.A. Mechanicsburg Plaza
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EXHmIT "C"
TO LEASE AGREEMENT
GUARANTY
In order to Induce E'D Center. Inc. dba Mechanlc.bur. Pla.a
, (lIlandlord") to enter into that certain Leese Agreement dated Julv 21
'99~ (the "Lease") between Landlord and Thomas R. Pullen & Chon. S. Pullen
(1ITenantll), and in consideration of the benefits inuring ,to the undersigned (the
IIGuarantor") under said Lease, the receipt and sufficiency of which is represented by the Guarantor to landlord to be
suffi.cient and adequate, the Guarantor her-eby unconditional ty guarantees the performance of all of Tenant's obl ;gatlons under
the Lease, including, without limitation, the payment of rental as provided therein. This Guaranty shall remafn in full
force throughout the original lease term and any renewals thereof. This Guaranty shall be binding upon Guarantor and
Guarantor's heirsl legal representatives, successors and assigns, and shall inure to the beMfit of landlord and its
successors and assigns. If there is more than one Guarantor, the liability of each Guarantor shall be joint and several.
This Guaranty is a guaranty of payment and performance and not of collection. Guarantor hereby waives notice of
acceptance of this Guaranty agreement and all other notices in connection herewith or in connection with the liabilities,
obligations and duties guaranteed hereby. including notices to it of default by Tenant unqer the Lease, and hereby waives
diligence, presentment, protest and suit on the part of Landlord in the enforcement of any liability, obligation or duty
guaranteed hereby. Guarantor further agrees that landlord shalt not be first or concurrently required to enforce against
Tenant or any other person, any liability, obligation or duty guaranteed hereby before seeking enforcement thereof against
Guarantor. The liability of Guarantor shall not be affected by any indulgence, compromise, settlement or variation of terms
which may be extended to Tenant by landlord, or agreed upon by landlord or Tenant. and shall not be affected by any
assignment or sublease by Tenant of its interest in the Lease, nor shall the liability of the Guarantor be affected by the
insolvency, bankruptcy (voluntary or involuntary), or reorganization of Tenant, nor by the voluntary or involuntary
liquidation, sale, or other disposition of all or substantially all of the assets of Tenant, or by the release of any other
guarantor. landlord and Tenant, without notice to or consent by Guarantor, may at any time or times enter into such
modifications, extensions, amendments or other covenants respecting the Lease as they may deem appropriate, and Guarantor
shall not be released thereby but shall continue to be fUlly liable for the performance of all obligations and duties of
Tenant under the lease as so modified, extended or amended.
Guarantor further agrees (1) to indemnify and hold harmless Landlord from and against any claims, damages, expenses,
or losses, including to the extent permitted by law, the reasonable fees of an attorney, resulting from or arising out of
any breach of the Lease by Tenant or by reason of Tenant's failure to perfonm any of its obligations thereunder, and (2)
to the extent permitted by law, to pay any costs or expenses, including the reasonable fees of an attorney, incurred by
landlord in enforcing this Guaranty.
The Guarantor acknowledges that Landlord may assign its rights under the Lease to an institutional investor as security
for a loan to be made by such institutional investor to LandLord, and as long as any indebtedness of Landlord shall be
outstanding and such assignment of the Lease shall exist, such institutional investor assignee shall be entitled to bring
any suit, action or proceeding against the undersigned for the enforcement of any provision of this Guaranty, and it shaLL
not be necessary in any such suit, action or proceeding to make Landlord a party thereto. This Guaranty may not be modified
or amended without the prior written consent of such assignee of landlord's interest in the Lease, and any att~ted
modification or arnendnent without such consent shalt be void.
All existing and future advances by Guarantor to Tenant and all existing and future debts of Tenant to any Guarantor
shall be subordinated to all obllgations owed to landlord under the Lease and tMs Guaranty. Guarantor aS$\.IneS the
responsibility to remain informed of the financial condition of Tenant and of all other circumstances bearing upon the risk
of Tenant's default, which reasonable inquiry. would reveal, and agrees that Landlord shall have no duty to advise Guarantor
of information known to it regarding such condition or any such circumstance. Landlord shall not be required to inquire
into the powers of Tenant or the officers, employees, partners or agents sctiog or purporting to act on its behalf, and any
indebtedness made or created in rel iance upon the professed exercise of such powers shall be guaranteed under this Guaranty.
Each Guarantor hereby represents and warrants to Landlord that such Guarantor has received a copy of the Lease, has read
or had the OpPOrtunity to read the Lease, and understands the terms of the Lease. The provisions in the Lease relating to
the execution of additional documents. legal proceedings by Landlord against Tenant, severability of the provisions of the
Lease, interpretation of the lease, notices, waivers, the applicable laws which govern the interpretation of the Lease and
the authority of Tenant to execute the lease are incorporated herein in their entirety by this reference and made B part
thereof. Any reference in those provisions to IITenantll shall mean each Guarantor and any reference in those provisions to
the "Leasell shall mean this Guaranty.
If anyone or more of the provisions of this Guaranty shall be held to be invalid, illegal or unenforceable in a~y
respect, such invalidity, illegality or unenforceabflity shall not affect any other provision of this Guaranty, and thlS
Guaranty shall be construed as if such invalid, iLlegal or unenforceable provision had never been contained herein. This
Guaranty sha\\ be construed according to the taws of the state where the teased premises are located (the "Stat~'). By
execut,ion hereof, the undersigned specifically consent to this choice of law designation and consent that all actions or
proceedings aris~n~ directly, indirectly or otherwi~e !~ c~nne;ti?n with, out of, r:lated ~o, or from this Gu~ranty or t~e
Lease shall be lltlgated ohly in the courts located tn t~e Sta~~ and the understgned (t) consent and submtt to the 1n
oersonam jurisdiction of any state or federal court Jocateq within the State, (ii) waive any right to transfer or change
the venue of litigation brought against the undersigned, and (iii) agree to service of process, to the extent permitted by
law, by mall.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ACKNOWLEDGING THAT THE CONSEQUENCES OF SAID WAIVER ARE FULLY UNDERSTOOD,
THE UNDERSIGNED HEREBY EXPRESSLY WAIVE THE RIGHT TD TRIAL BY JURY, THE RIGHT TO INTERPOSE ANY DEFENSE BASED UPON ANY STATUTE
OF LIMI1AT10NS, ANY CLAIM DF LACHES AND ANY SEl'OFF OR COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY AC1I0N OR PROCEEDING
INSTITUTED AGAINST THE UNDERSIGNED OR ANY OTHER PERSON LIABLE DN THE LEASE.
IN WITNESS WHEREOF, Guarantor{sl has/have caused thIs Instrument to be executed thl..~~Y of ~, '9~
ATTEST:
By
Its President
Secretary
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CORPORATE GUARANTOR
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Thoma. R.-Pullen
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Chong S. Pullen
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EXHIBIT D
LEASE ADDENDUM
NOTWITHSTANDING anything in this lease to the contray; Landlord and Tenant hereby
agree to the following terms and conditions prevailing as additions to and/or modifications of this
lease.
ARTICLE ll: RENT
2.08 LATE CHARGE: Add, "In the event any payment of rent provided for in this lease or
any other charge provided for in this lease shall become overdue for a period of excess of ten (10)
days, Tenant shall pay to Landlord a late charge of five ($0.05) cents for each dollar ($1.00) so
overdue to cover the extra expense involved in handling delinquent payments. Payment of the late
charge by Tenant shall in no way prevent Landlord from treating the late payment as an item of
default as provided in Paragraph 16.01 of this Lease subject to any applicable cure period."
ARTICLE IV: CONDUCT OF BUSINESS
4.01 HOURS: Add, "Tenant shall be required to remain open for business a minimum of 9:00
a.m. to 5:00 p.rn. Monday through Friday and 10:30 a.rn. to 5:00 p.m. on Saturdays. Tenant shall not
be required to open on Sundays or major holidays."
ARTICLE XVI: DEFAULT OF TENANT
16.05 ADDITIONAL LEGAL REMEDIES: The following additional clauses shall be added
to this Lease Agreement:
16.05(a) CONFESSION OF JUDGEMENT: Tenant covenants and agrees that if the rent
~nd/or any charges reserved in this lease as rent (including all accelerations of rent permissible under
the provisions of this lease) shall remain unpaid ten (10) days after the same is required to be paid,
then and in such event, Landlord or its assignee may cause Judgement to be entered against Tenant,
and for that purpose Tenant hereby authorizes and empowers Landlord or its assignee or any
I:rothonotary, Clerk or Court or Attorney of any Court of Record to appear for and confess
judgement against Tenant and agrees that Landlord or its assignee may commence an action pursuant
to the Pennsylvania Rules of Civil Procedure for the recovery from Tenant of all rent hereunder
(including all accelerations of rent permissible under the provisions of this lease) and/or for all
charges reserved hereunder as rent, as well as for interest and costs and attorney's fees, for which
authorization to confess judgement, this lease or a true and correct copy thereof, shall be sufficient
warrant. Such judgement may be confessed against Lessee for the amount of rent in arrears
(including all accelerations of rent permissible under the provisions of this lease and/or for all charges
reserved hereunder as rent, as well as for interest and costs; together with all attorney's fees of ten
percent (10%) of the full amount of the claim of Landlord or its assignee against Tenant. Neither
the right to institute an action pursiJant to Pennsylvania Rules of Civil Procedure nor the authority
to confess judgement granted herein shall be exhausted by one or more exercises thereof, but
successive complaints may be filed and successive judgements may be entered for the aforedescribed
sums five days or more after they become due, a well as after the expiration of any extension or
renewal of this lease. .
16.05(b) EJECTMENT: Tenant covenants and agrees that if this lease shall be terminated
(either because of condition broken during the Term and/or when the Term shall have expired) then,
and in such event, Landlord or its assignee may cause a judgement in ejectment to be entered against
Tenant for possession of the Premises, and for that purpose Tenant hereby authorizes and empowers
any Prothonotary, Clerk of Court or Attorney of Record to appear for Tenant and to confess
judgement against Tenant in ejectment for possession of the herein Premises, and agrees that
Landlord or its assignee may commence an action pursuant to the Pennsylvania Rules of Civil
Procedure for the entry of an order in ejectment for the possession of real property, and Tenant
further agrees that a Writ of Possession pursuant thereto may issue forthwith, for which authoriiation
to confess judgement and for the issuance of a writ or writs of possession pursuant thereto, this lease
or a true and correct copy thereof, shall be sufficient warrant. Tenant further covenants and agrees
that if for any reason whatsoever, after said action shall have commenced the action shall be
terminated and the possession of the Premises hereunder shall remain in or be restored to Tenant,
Landlord or its assignee shall have the right upon any subsequent default or defaults, or upon the
termination of this lease as set forth above to commence successive actions for possession of real
property and to cause the entry of successive judgements by confession in ejectment for possession
of the Premises hereunder.
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16.05(c) AFFIDAVIT OF DEFAULT: In any procedure or action to enter judgement by
confession for money pursuant to paragraph 16.05 (a), or to enter judgement by confession in
ejectment for possession of real property pursuant to Paragraph 16.05 (b) hereof, if Landlord shall
first cause to be filed in such action an affidavit or averment of the facts constituting the default or
occurrences of the condition precedent or event, the happening of which default, occurrences, or
event authorizes and empowers Landlord to cause the entry of judgement by confession, such
affidavit or averment shall be conclusive evidence of such facts, defaults, occurrences conditions
precedent or events; and if a true copy of this lease (and of the truth of which such affidavit or
averment shall be sufficient evidence) be filed in such procedure of action, it shall not be necessary
to file the original as a Warrant of Attorney, any rule of court, custom, or practice to the contrary
notwithstanding.
16.05(d) WAIVER OF ERRORS, RIGHT OF APPEAL, STAY AND EXEMPTION:
Tenant hereby releases to Landlord and to any and all attorneys whom may appear for Tenant all
errors in any procedure of action to enter judgement by confession by virtue of the warrants of
attorney contained in this lease, and all liability thereof, Tenant further authorizes the Prothonotary
or any Clerk of any Court of Record to issue a Writ of Execution or other process. If proceedings
shall be commenced to recover possession of the Premises either at the end of the term or sooner
termination of this lease, or for non-payment of rent or for any other reasons, Tenant specifically
waives the right to the three (3) months notice to quit and/or the fifteen (15) or thirty (30) days
notice to quit required by the Act of April 6, 1951, P.L 69, as amended, and agrees that five (5) days
notice shall be sufficient in either or any such case."
EXHIBIT B: DESCRIPTION OF OWNER'S WORK AND TENANT'S WORK
TENANT;S WORK: A. ITEMS TO BE DONE: Add, "Prior to tenant taking possessions of said
premises, Tenant shall deliver to Landlord a copy of its Pennsylvania State Labor and Industry
Certificate of Occupancy Permit. Tenant shall also send to Landlord a copy of its Certificate of
Occupancy issued by the municipality where Tenant's premises are located within ten (10) business
days after Tenant opens for business.
DESCRIPTION OF OWNERS WORK AND TENANTS WORK G. UTILITIES: 1. Water and
Sewer: Landlord shall pay for the initial water and sewer tap in fees not to exceed one (1) Estimated
Dwelling Unit (EDU) each. Any additional water and sewer tap in fees or any additional water
andfor sewer assessments incurred by Tenant shall be paid for solely by Tenant.
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EXHIBIT E
SIGN CRITERIA
GENERAL: The following sign criteria has been established for the purpose of developing
uniform, highly visible, aesthetically pleasing store signage and fascia to harmonize with and
compliment your shopping center's building material and assist in creating a proper retail
atmosphere.
A
B.
C.
D.
Each tenant will be required to identify its store front sign band and under-
canopy with approved signs.
Tena. nt Shall. choose a Sign. contractor from Landlord's preapproved list of sign .AffJ!.17
contractors. If Tenant wishes to use a sign contractor not specified on../;fi :~~
Landlord's list, Tenant must submit a qualifications letter for Landlord to C,
review and approve IIt':t. _~k d.....tis8. l~ I-,,,,,",/,,i~ p,,'/I .t-oftLJ..I~1
~,,;d.iI. tA7n$iJ<1-r. .
Tenant wil( pioVlde at his expense two copies of drawings of its proposed sign.
Sign drawings shall include a scale section of sign bank with layout of
proposed sign showing individual lettering height and total copy length. Sign
construction, installation diagram, material information and color scheme shall
also be indicated. Upon review, Landlord will notify tenant or sign
manufacturer of approval or disapprovaL
E.
All Tenant fascia signs will be designed and installed at the Tenant's expense.
All signs shall meet requirements and specifications set forth in the Landlord's
sign criteria. Please note: it is the Tenant's responsibility to be informed of
sign ordinances in your local area. Where governmental sign requirements are
more restrictive than Landlord's criteria, their restriction will prevail.
Necessary sign permits shall be obtained at the Tenant's expense. In some
cases, your sign company will provide ordinance information as well as
obtaining necessary sign permits. Tenant will be held liable and bear all costs
for removal and/or correction of signs; sign installation and damage to the
building because of signage installation that does not conform with the
following specifications. If Tenant leaves center, it will be required to remove
its sign and repair store front sign bank to its original condition.
Tenant shall have sign installed and operating prior to the opening of the
store for business.
TENANT FASCIA SIGNS:
A Signs will be made up of individually illuminated channel letters, separately
installed on the fascia front. Any connecting of letters and/or logo will be
considered.
B. Letters will be fabricated of aluminum with your choice of color. Letter
sidewalls must be at least .032 or .040 gauge aluminum, fully welded or riveted
for fabrication. The depth of all letters shall be 4". When required, all letters
. will be caulked to prevent light from filtering out the back of letters, and a
1/4" deep (drain) hole drilled on all letters to allow for water drainage. The
letter face will be at least 1/8" (thickness) Plexiglas surrounded by 1" plastic
trim.
C. Letters shall be illuminated by at least one row of neon tubing. All
transformers are to be mounted in vented boxes. No fascia raceways for
wiring of letters shall be permitted. All wiring of letters shall be permitted in
access area behind fascia and shall meet all building and electrical codes.
D. Reverse type channel letters are not permitted.
E. No flashing action nor other mechanical animlltion will be permitted.
F. Tenant's sign must be kept clean and in good operating condition at all times.
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G. All signs must be installed in compliance with the National Electrical Code
(Article 600).
H. Each metal cabinet and all conductive components must be grounded to the
building ground.
1. Disconnect switches must be installed within sight of the sign.
J. Transformers must be properly supported, fastened, and supported away from
flammable materials. Covers must be replaced after installation.
K. Splices must be properly made, insulated and supported away from flammable
materials.
L. Connections must be made and properly enclosed as required.
M. All electrical components must be protected against water intrusion.
SIZE REQUIREMENTS:
Store Front
Maximum Length
75% of store frontage
Maximum Height
30'
Balance:
Vertical
Capital letters will be spaced so they have an equal border on top and
bottom of each letter. Smaller case letters will be placed even with
the bottom of the capital letter.
Horizontal
Letters will be spaced equally on both the left half of the sign area
and on the right half of the sign area.
Miscellaneous
All letters are to be mounted flush to fascia. Projected mounting of
letters is not permitted.
Letters are to be mounted with stainless steel fasteners to prevent
staining of fascia.
SIGN INSPECTION: Tenant's sign contractor shall be required to have its installation
approved by a certified electrical inspector who shall inspect all wiring and connections so
that the sign construction and installation meet all codes and requirements. A copy of the
certification shall be sent to Landlord for its review.
UNDER CANOPY SIGNS: Landlord requires that all Tenants pay for the construction and
installation of a canopy type sign to be installed under the canopy and in front of their
appropriate store. The Landlord will take the responsibility to bid the job to the most
qualified company.
Landlord will provide Tenant with a sketch of its under canopy sign for his review and
approval. Tenant upon acceptance of sketch will pay to Landlord one-half of the
total amount of the sign, with the balance due within fifteen (15) days of the
completion of work and receipt of invoice.
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LEASE RIDER
This Lease Rider is made and entered into as of the twenty firstday
of July , 1992 , by and between E-D CENTERS, a Missouri
general partnership (the "Landlord"), and Thomas R. Pullen, Chong S. Puller.
, a sole Propietor
(the "Tenant").
RECITALS:
A. Landlord and Tenant are executing simultaneously herewith
a written Lease Agreement dated of even date herewith leasing
certain premises (the "leased premises") in a shopping center
corrunonly known as klechanicsburq Plaza (the
"Shopping Center"), as more particularly set forth in said Le,ase
Agreement (which Lease Agreement, together with all exhibits
thereto and the site plan, Tenants Work. Lease Addendum & r.ea~e Gllaran""e
thereto are herein together called the "Lease").
B. Landlord and Tenant desire to add the terms, covenants
and conditions of this Lease Rider (the "Rider") to the Lease
Agreement, which Rider is and shall for all purposes be
considered a part of the Lease.
NOW, THEREFORE, in consideration of the respective covenants
of the parties hereto contained in the Lease (including, without
limitation, those contained in this Rider), Landlord and Tenant
further mutually agree as follows:
1. Controlling Language. Insofar as the specific terms and
provisions or conditions of this Rider purport to amend or modify
o~ are in conflict with the specific (but not implied) terms,
provisions or conditions of the Lease, the terms, provisions and
conditions of this Rider shall govern and control. In all other
respects, the terms, provisions and conditions of the Lease are
unmodified and unchanged and are in full force and effect.
2. Prohibition Against Prepayrr.ent of Rent.
Tenant hereby agree that, except as set forth in
the Lease, captioned "DEFAULT OF TENANT", Tenant
permitted to prepay any rent due under the Lease
excess of two months.
Landlord and
Article XVI of
shall not be
for periods in
3. Subordination. Landlord and Tenant hereby agree that the
following shall be added to the end of Article X of the Lease as
new Section 10.05:
10.05 Overlease. Notwithstanding anything in this
Article X to the contrary, Tenant hereby agrees that this
Lease is subject and subordinate to the lease under which
Landlord occupies the Shopping Center (the "Overlease") (the
lessor and its successors under the Overlease being herein
called the "Overlandlord"), and that Tenant will, upon
termination of the Overlease, attorn to the Overlandlord (or,
if its Lender [hereinafter defined] requests and such Lender
or its successors or assigns becomes the owner of the
Shopping Center, such Lender), and pay the Overlandlord (or
its Lender) all of the rents and other monies required to be
paid by Tenant under this Lease, and perform all of the
terms, covenants, conditions and obligations contained in
this Lease, and this Lease shall continue as a direct lease
between Tenant and Over1and1ord (or such Lender, its
successors or assigns, if it or its successors or assigns
become the owner of the Shopping Center) upon all of the
terms and conditions hereof; PROVIDED, that in no event shall
Overland1ord (or any successor owner of the Shopping Center)
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have any obli,.tion to perform any oblig6rlon of the Landlord
hereunder accruing prior to the date that Overlandlord (or
such successor owner of the Shopping Center) becomes the
Landlord hereunder, and that any obligations of Overlandlord
(or such successor owner of the Shopping Center) hereunder
arising after such date shall be without recourse to
Overlandlord (or s~ch successor owner of the Shopping Center)
in the property demised by this Lease. The term "Lender"
shall initially mean the holder of any mortgage or deed of
trust or similar lien against the Shopping Center, but upon
any judicial or non-judicial foreclosure sale or deed in lieu
thereof, "Lender" shall mean the purchaser at such sale or
transferee by deed in lieu thereof.
IN WITNESS WHEREOF, the parties have executed this Rider as
of the date first above written.
LANDLORD:
E-D CENTERS, a Missouri general
partnership
By: DOEVILLE LIMITED PARTNERSHIP, a
Delaware limited partnership,
general partner
By: FAWN CORPORATION, a Missouri
corpora n'Jge p rtner
By: L
Print d Name:
TI tle: .j);rR.rv:)f")...!T"""
TENANT: Thomas R. Pullen, Chong S. Pullen
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Title:
IILER/EIS-RIDER
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& ASSOCIATES
R. J. Waters & Associates, Ine. .
402 Bayard Road, SuHe 200
Kennett Square, PA 19348-1818
TelepHone: (6101 444-6000
Fax: (610) 444.8351
Emsil: rjwaters@dca.net
July 14, 2000
Thomas R. Pullen
Pro Dry Cleaners
88 Fetrow Lane
New Cumberland, P A 17070
VIlI: Certified Mail
RE: DEFAULTNOTICE
Pro Dry Cleaners
Mechanicsburg Plaza
Mechanicsburg, P A .
Dear Tenant:
Please note that as of today your account is past due in the following amount: $3,376.78
(SEE DETAILED STATEMENT ATTACHED)
It is specifically agreed to in the Lease that all regular ~ and Additional Rent Payments are to be made
payab1eto P.D.S.l. and sent to American Resurgens Management Corporation at 261 Old York Road Suite
617 Jenkintown, P A 19046. The payments are due on or before the 1st of each month.
Please make arrangements for payment as soon as possible. If payment bas already been sent, please
arrange for mailing sooner each month so payment is received by the Landlord on or before the 1st of
each month.
This default lIlust be cured immediately.
The Landlord does not waive any rights it bas or may have to rent and/or other payment during the tenn of
the Lease.
Thank you for your immediate attention to this matter. If you have questions, please call me.
Sincerely,
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Charlene Chaffee
Property Manager
Attach.
H/pm/809/prodry/00/default
Rea' Estate Development,
Management, Leasing, Brokerage
"f
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.. < InternatlonalCounciJ
~ of Shopping CBllters
941 P03 AUG. 17 '.00 .10'47
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SU1t~ 617
Jmlks.~town, WI. 19046
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Real .6Btat.:!: 'l'~ ll.eimburaer,tent
Monthly Re:\'rt
COll)jUQfl Ar~ Maintenanoe
ln8ura~ce ~eovery
-Real Ji!6tat:e 'Xttx Re~III1mrBer.lent
Y.onthly Rant
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PREVIous BALANCil
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Insurance Recovery
Real Estate Tax Reimbursement
1,443.23
164.49
8.15
72.52
CHARGES
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EXHmIT "C"
TO LEASE AGREEMENT
GUARANTY
In order to induce E'D Center. Inc. dba Mechanic.bur. Plaza
(lIlandlord") to enter into that certain lease Agreement dated Julv 21
199~ (the "Lea.e") between Landlord and Thoma. R. PuLLen & Chon. S. PuLLen
(UTenant"), and in consideration of the benefits inuring .to the undersigned (the
"Guarantorlf) under said Lease, the receipt and sufficiency of which is represented by the Guarantor to landlord to be
sufficient and adequate, th!!, Guarantor hereby unconditionally guarantees the performance of all of Tenant's obligations under
the Leaae, including, without limitation, the payment of rental a. provided therein. Thl. Guaranty .hall rerneln In full
force throughout the original lea.e term and any renewal. thereof. Thi. Guar.nty .hall be binding upon Gu.r.ntor and
Gu.r.ntor'. heir., leg.l repre.entative., .ucce..or. .nd ...Ign., and .h.ll inure to the benefit of Landlord and it.
.ucce.sor. .nd .sslgns. If there Is more than one Guar.ntor, the liability of e.ch Gu.r.ntor .h.ll be Joint and sever.l.
This Guaranty is a guaranty of payment and performance and not of collection. Guarantor hereby waives notice of
acceptance of this Guaranty agreement and all other notices in connection herewith or in connection with the liabilities,
obligations and duties guaranteed hereby, including notices to it of default by Tenant ~er the lease, and hereby waives
diligence, presentment, protest and suit on the part of landlord in the enforcement of any liability. obligation or duty
guaranteed hereby. Guarantor further agrees that Landlo~ shall not be first or concurrently required to enforce Bgainst
Tenant or any other person, any liability, obligation or duty guaranteed hereby before seeking enforcement thereof against
Guarantor. The liability of Guarantor shall not be affected by any indulgence, compromise, settlement or variation of terms
which may be extended to Tenant by Landlord. or agreed upon by Landlord or Tenant, and shall not be affected by any
assignment or sublease by Ten~nt of its interest in the lease, nor shall the liability of the Guarantor be affected by the
insolvency, bankruptcy (voluntary or involuntary), or reorganization of Tenant, nor by the volll1tary or involuntary
liquidation, s.le, or other dispo.ltion of .ll or sub.tanti.lly all of the assets of Ten.nt. or by the rele..e of .ny other
guarantor. landlord and Tenant, without notice to or consent by Guarantor, may at any time or times enter into such
modifications, extensions, amendments or other covenants respecting the Lease as they may deem appropriate, and Guarantor
.hall not be relea.ed thereby but sh.ll continue to be fully liable for the performance of .ll obligations and duties of
Tenant under the lease as so modified, extended or amended.
Guarantor further agrees (1) to indeunify and hold harmless Landlord from and against any claims, damages, expenses,
or losses, including to the extent permitted by law, the reasonable fees of an attorney, resulting from or arising out of
any breach of the Le.se by Tenant or by reason of Tenant'. failure to perform any of Its obligations thereunder, and (2)
to the extent permitted by law, to pay any costs or expenses, including the reasonable fees of an attorney, incurred by
landlord in enforcing this Guaranty.
The Guarantor acknowledges that landlord may assign its rights under the Lease to an institutional investor as security
for. loan to be made by such institutionel investor to L.ndlord, and as long .s any indebtedne.s of landlord sh.ll be
outstanding and such assignment of the Lease shall exist, such institutional investor assignee shall be entitled to bring
any suit, action or proceeding against the undersigned for the enforcement of any provision of this Guaranty, and it shall
not be necessary in any such suit, action or proceeding to make landlord 8 party thereto. This Guaranty may not be mocHfied
or amended without the prior written consent of such aSSignee of landlord'S interest in the Lease, and any atteapted
modific.tion or .mendment without such consent sh.ll be void.
All existing and future advances by Guarantor to Tenant ancl all existing and future debts of Tenant to any Guarantor
sh.ll be subordinated to all obligations owed to L.ndlord under the le.se .nd this Gu.ranty. Guar.ntor ..s.....s the
responsibil ity to remain informed of the financial condition of Tenant and of all other circl.JflStances bearing upon the risk
of Tenant's default, which reasonable inquiry, would reveal, and agrees that Landlord shall have no duty to advise Guarantor
of information known to It regarding such condition or .ny such circunstance. Landlord .hall not be required to inquire
into the powers of Tenant or the officers, employees, partners or agents acting or purporting to act on its behalf, and any
indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty.
Each Guarantor hereby represents and warrants to landlord that such Guarantor has received a copy of the Lease, has read
or had the opportunity to read the lease, and understands the terms of the lease. The provisions in the Lease relating to
the execution of additional documents, legal proceedings by landlord against Tenant, severability of the provisions of the
Lease, interpretation of the Lease, notices, waivers, the applicable laws which govern the interpretation of the lease and
the authority of Tenant to execute the Lease are incorporated herein in their entirety by this reference and made 8 part
thereof. Any reference in those provisions to IITenantl1 shall mean each Guarantor and any reference in those provisions to
the Illeasell shall mean this Guaranty.
If anyone or more of the provisions of this Guaranty shall be held to be invalid, illegal or unenforceable in any
respect, such invalidity, Illegality or unenforceabllity .hall not affect any other provision of this Guer.nty, .nd this
Guaranty shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This
Guaranty shall be construed according to the laws of the state where the leased premises are located (the UStatelJ). By
execution hereof, the undersigned specifically consent to this choice of law designation and consent that all actions or
proceedings aris~n9 directly, indirectly or otherwi~e in, c~nneft\on with, out of, r;lated ~o, or from this Gu~ranty or t~e
lea.a sh.ll be l,tlg.ted only In the courts located In tne Stat.. and the undersIgned (I) con.ent and SUbmIt to the In
Dersonant jurisdiction of any state or federaL court .,loc,steg within the State, (i1> waive any right to transfer or change
the venue of litigation brought against the undersigned, and (iif) agree to service of process, to the extent permitted by
law, by mall.
TO THE EXTEHT PERMITTED BY APPLICABLE LA~, AND ACKNOWLEDGING THAT THE CONSEQUENCES OF SAID ~AIVER ARE FULLY UNDERSTOOD,
THE UNOERSIGNED HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY, THE RIGHT TO 1NTERPDSE AHY DEFENSE BASED UPON ANY SlATUTE
OF LIMITATIONS, ANY CLAIM DF LACHES AND ANY SET-OFF OR COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING
INSTITUTED AGAINST THE UNDERSIGNED DR ANY OTHER PERSON LIABLE ON THE lEASE.
IN ~ITNESS WHEREOF, Guarantor(.) has/have c.u.ed this in.trument to be executed thl..~~y of ~, 19~
ATTEST:
By
I ts Pres i dent
Secretary
~
,
CORPORATE GUARANTOR
,"':-:!'-:::;-', .:
(, ..~ \.".rrc..(.<"tfi...
Thomas R. '-pullen
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INOIVID Al GUARANTORS
Chong S. Pullen
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VERWICATION
I, Charlene Chaffee, as Property Manager ofRJ. Waters & Associates, Inc.,
management company for plaintiff, P.D.S.L, Inc., being authorized to take this verification on
behalf of plaintiff, verify that the facts set forth in the foregoing Complaint are true and 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. 94904 relating to unsworn falsification to authorities.
Date: i/I'-d/-{JO
(fJ!ut{~~
Char ene Chaffee
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MICHAEL G. LOUIS, ESQUIRE
ATTORNEY LD. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATHERMAN & SEBASTIAN, LTD.
17 West Miner Street, P,O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINTWF
P.D.S.L, Inc.
c/o R.J. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA.
Vs.
: CIVIL ACTION - LAW
: NO. ().v_ (,</31 (Ju;J -r~
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF CHESTER
Charlene Chaffee, being duly sworn according to law, deposes and says that she is
Property Manager of plaintiff herein; that to the best of her knowledge, information and belief
defendants are not in the military service of the United States of America or of any state or
territory thereof, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the
amendments thereto.
~ &~'---
NOTARIAL SEAL
ANDREA s. FOLEY, Notary Public
Kennett Square Boro, Chester County
My Commission Exoires Nov. 17 2001
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NOTICE TO HOLDER OF DOCUMENT CONTAINING PROVISION FOR
JUDGMENT BY CONFESSION
In accordance with the Opinion and Order of the Supreme Court of the United
States handed down on February 24,1972 in the case ofSwarb v. Lennox. you are notified that
the Prothonotary of Chester County is not permitted to enter judgment on a document containing
provision for judgment by confession (other than bonds and warrants of attorney accompanying
mortgages) unless the document is accompauied by an Affidavit, suggested form of which is as
follows:
P.D.S.L, Inc.
c/o R.J. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, P A 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA.
Vs.
: CIVIL ACTION - LAW
: NO. tJ-O. (,'131 ~ ""1.L->-
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
PLAINTWF'S AFFIDAVIT OF DEBTORS' WANER OF RIGHTS
COMMONWEALTH OF PENNSYL V ANlA :
: SS
COUNTY OF CHESTER
Charlene Chaffee, being duly sworn according to law, deposes and says that she is
agent for plaintiff in the above-captioned matter; that at the time of the signing of the document
containing provision for judgment by confession in the said matter, the individual natural
defendant( s)
(1) earned more than $10,000.00 annually, or
(2) intentionally, understandingly, and voluntarily waived
(a) the right to notice and hearing
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(b) the right of defalcation, i.e. the right to reduce or set off a claim by
deducting a counterclaim
(c) release of error
(d) inquest (to ascertain whether rents and profits of defendants' real estate
will be sufficient to satisfy the judgment within seven years)
(e) stay of execution (if defendant(s) own real estate in fee simple within the
county worth the amount to which the plaintiff(s) is/are entitled, clear of encumbrances)
(f) exemption laws now in force or hereafter to be passed
The facts showing such waiver are:
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Char ne Chaffee
NOTARIAL SEAL
ANDREA'S, FOLEY, Notary Publlo
Kennett Square Boro, Chester County
Mv Commission Exoires No., 17, 2001
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P.D.S.L, Inc.
c/o RJ. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA.
: CIVIL ACTION - LAW
Vs.
: NO.
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, PA 17070
Defendants
CERTWICATE OF ADDRESSES OF PLAINTWF(S)AND
DEFENDANT(S)
I hereby certify that plaintiffs address/principal place of business is c/o RJ. Waters &
Associates, Inc., 402 Bayard Road, Kennett Square, Pennsylvauia 19348, and defendants' last
known address is 88 Fetrow Lane, New Cumberland, Pennsylvauia 17070.
Date: Of-tff-cJcf
0f;~..~~
Charlene Chaffee
-
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.. .. .. ..
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY !.D. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATHERMAN & SEBASTIAN, LTD.
17 West Miner Street, P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
P.D.S.L, Inc.
c/o R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
Vs.
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
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ATTORNEY FORPLAINTWF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA.
: CNIL ACTION - LAW
: NO.
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH OF PENNSYL V ANlA
COUNTY OF CHESTER
SS
Charlene Chaffee, Property Manager of plaintiff herein, being duly sworn
according to law, deposes and says upon information and belief that the transaction upon which
the judgment being entered herein is based was a business transaction.
&~~
SWORN TO AND SUBSCRIBED Charlene Chaffee
b;f~; ~e this 0 ~ daYA ,i
o~~~ 20f/V
431:~~
,NOTARIAL SEAL
ANDREA S. FOLEY, Notary Public
Ken'n~tf Square Bora, Chester County
Mv Commission Expires Nov, 17 2001
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.. 109813
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY LD. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATHERMAN & SEBASTIAN, LTD.
17 West Miner Street, P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINTIFF
P.D.S.l., INC,
: IN THE COURT OF COMMON PLEAS
Plaintiff
: CUMBERLAND COUNTY, P A.
Vs.
: CIVIL ACTION - LAW
THOMAS R. PULLEN and
CHONG S. PULLEN, b/w doing business as
PRO DRYCLEANERS
Defendants
: NO. 00-6437 CIVIL
AFFIDA VII OF SERVICE
COMMONWEALTH OF PENNSYL V ANlA
: SS
COUNTY OF CHESTER
Michael G. Louis, Esquire, being duly sworn according to law, did serve a Notice under
Rule 2958.1 of Judgment and Execution Thereon on Thomas R. Pullen and Chong S. Pullen
d/b/a Pro Drycleaners by certified mail, return receipt request on October 7,2000. A true and
correct of the Notice under Rule 2958.1 of Judgment and Execution Thereon and the original
return receipt cards are attached hereto, made a part hereof and marked Exhibit "A".
MacELREE, HARVEY, LTD.
By:$MJj~
Michael G. Louis, Esquire
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
before me this .;20'-/...1-] day
of () Q,-k>bv- , 2000.
~ (1. fJ). C~_
Notary ubhc U
NOlanal Seal
Cheryl A. McCarthy, NOlary Public
West Chasler Bora, Chester County
My Commission EXpires Nov, 15, 2003
Member, PennsytvamaAssoclationofNotaries
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'. 'Complet€Tiems 7' . a ca.' so comp e e
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
50 that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1i:~ssft Pu..lleC1 a \ ol~ ,
r((o \)~d~-s
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N WJ CV-M- 00r It\At-ol P CL
nrnD
3. Servi -Type
'of' Certified Ma.1I 0 Express Mail
Er Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy ~rom service labeQ
\
'~ j; i,
r---"-'--~-
1Q2595-99-M.1789
. Comp, ete items 1, 2. and 3. Also '~om'plete "
Item 4:' if Restricted Delivery is desired.
. Print y;our name and ,address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to'
e ho~. 'Pullen dIe/a.
p~ov LJ~cLeu.us
~g ~TieM ~
NiuJ C(,LM, btrla-+t.t. .p tL-
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2. Art, ie, ,Ie, Num, ber (Copy from sei label)
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PSForm 1 ,July1fil1 ~11llit"'"_1pI
o Agent
D Addressee
Dyes
o No
D. Is delivery ress different from item 'I?
If YES, enter delivery address below"
3. Service Type
"b-eertified Mail D Express Mail
6 Registered D Return Receipt for Merchandise
D Insured Mail D C.O.D.
4. Restricted Delivery? (Extra Fee)
Dyes
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10259S-99-M-1789
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108359
MICHAEL G. LOUIS, ESQUIRE
ATTORNEYlD. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATHERMAN & SEBASTIAN, LTD.
17 West Miner Street, P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
P.D.S.I., INC.
ATTORNEY FOR PLAINTIFF
: IN TIIE COURT OF COMMON PLEAS
Plaintiff
Vs.
: CUMBERLAND COUNTY, PA.
: CIVIL ACTION - LAW
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
Defendants
: NO. 00-6437 CIVIL
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION TIIEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Thomas R. Pullen d/b/a Pro Drycleaners
Defendant(s)
A judgment in the amount of$7,428.91 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 your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM TIIE JUDGMENT AND
PRESENT IT TO A JUDGE WITInN TIllRTY (30) DAYS AFTER TIIE DATE ON WIDCH 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Michael G. Louis, Esquire
17 W. Miner Street, P.O. Box 660
West Chester, PA 19381-0660
610-436-0100
cc. Ms. Charlene Chaffee
"'....;.
108359
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY !.D. NO. 32202
MacELREE, HARVEY, GALLAGHER,
FEATIIERMAN & SEBASTIAN, LTD.
17 West Miner Street, P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINT1FF
P.D.S.!., INC.
: IN THE COURT OF COMMON PLEAS
Plaintiff
Vs.
: CUMBERLAND COUNTY, PA.
: CIVIL ACTION - LAW
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w doing business as
PRO DRYCLEANERS
Defendants
: NO. 00-6437 CIVIL
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Chong S. Pullen d/b/a Pro Drycleaners
Defendant( s)
Ajudgment in the amount of $7,428.91 has been entered against you and in favor of the plaintiff
without any prior notice or hearing based on a confession of judgment contained in a written agreement or
other paper allegedly signed by you. The sheriff may take your money or other property to pay the
judgment at any time after thirty (30) days after the date on which this notice is served on you
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGIITS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4th Floor
Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
Michael G. Louis, Esquire
17 W. Miner Street, P.O. Box 660
West Chester, PA 19381-0660
610-436-0100
cc. Ms. Charlene Chaffee
~,
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. 109813
Certificate of Service
This is to certifY that in this case complete copies of all papers contained in the
Affidavit of Service have been served upon the following persons, by the following means and
on the date( s) stated:
Name:
Means of Service:
Date of Service:
Chong S. Pullen d/b/a
Pro Dryc1eaners
88 Fetrow Lane
New Cumberland, P A 17070
First Class Mail
October,;q 0, 2000
Thomas R. Pullen d/b/a
Pro Drycleaners
88 Fetrow Lane
New Cumberland, P A 17070
First Class Mail
October dQ, 2000
Paul Tanoff, Esquire
4219 Derry Street
Harrisburg, P A 17111
First Class Mail
October c1 0, 2000
MacELREE HARVEY, LTD.
By:~$k
Michael G. Louis, Esquire
Attorney for Plaintiff
Attorney LD. No. 32202
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
~~~i1i~~'tilllli:h;,..""'lliti<ffif~l;-i!illMl,..;;;'4~\,W;t";Y~'-"0.~"""tti'H~lIill~'(i4l:"-';Iio.:tiil\~;jl~~;'IiiI!l]"r'
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126203
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY !.D. NO. 32202
MacELREE HARVEY, LTD.
17 W. Miner Street
P. O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINTWF
P.D.S.L, INC.
: IN THE COURT OF COMMON PLEAS
Plaintiff
: CUMBERLAND COUNTY, PA.
vs.
: CIVIL ACTION - LAW
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w d/b/a
PRO DRYCLEANERS
Defendants
: NO. 00-6437 Civil
PRAECIPE
TO THE PROTHONOTARY:
Please mark the judgment entered in favor of the plaintiff and against the defendants
"satisfied" upon payment of your costs only.
MacELREE HARVEY, LTD.
By: ~JJ ~
Michael G. Louis, Esquire
Attorney for Plaintiff
~ ...
126023
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY LD. NO. 32202
MacELREE HARVEY, LTD.
17 W. Miner Street
P. O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
ATTORNEY FOR PLAINTWF
P.D.S.!., INC.
: IN THE COURT OF COMMON PLEAS
Plaintiff
: CUMBERLAND COUNTY, PA.
vs.
: CIVIL ACTION - LAW
THOMAS R. PULLEN and
CHONG S. PULLEN, h/w d/b/a
PRO DRYCLEANERS
Defendants
: NO. 00-6437 Civil
CERTIFICATE OF SERVICE
This is to certifY that in this case complete copies of all papers contained in the
Praecipe have been served upon the following persons, by the following means and on the
date(s) stated:
Name:
Means of Service:
Date of Service:
Thomas R. Pullen and
Chong S. Pullen, h/w d/b/a
Pro Drycleaners
88 Fetrow Lane
New Cumberland, P A 17070
First Class Mail
April JI, 2001
MacELREE HARVEY, LTD.
BY.~~'/~
Michae G. LOUIS, Esqulfe
Attorney for Plaintiff
Attorney LD. No. 32202
17 West Miner Street
P.O, Box 660
West Chester, PA 19381-0660
(610) 436-0100
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