HomeMy WebLinkAbout01-2923 FX
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105140
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 PLAINTIFF
P.D,S.!., Inc.
clo R.J. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: IN THE COURT OF COM:MON PLEAS
: CUMBERLAND COUNTY, PA.
: CNIL ACTION - LAW
Vs.
: NO. 01 -.,29;23
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ESTATE OF THOMAS R, PULLEN and
CHONG S. PULLEN, doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cmnberland, P A 17070
Defendants
CONFESSION OF WDGMENT 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
$ 6,907.78
$ 690,77
$ 7,598.55
MacELREE HARVEY, LTD.
By: t4ulw121~
Michael G. Louis, Esquire
Attorney for Plaintiff
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105140
MICHAEL G. LOUIS, ESQUIRE
ATTORNEY !.D. 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 PLAJNTWF
: IN THE COURT OF COMMON PLEAS
P.D.S.I., Inc.
clo R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: CUMBERLAND COUNTY, PA.
: CML ACTION - LAW
Vs.
: NO.
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
COMPLAINT
1. Plaintiff is P.D.S.L, Inc., a Pennsylvania corporation doing business clo
R.J. Waters & Associates, Inc., 402 Bayard Road, Suit 200, Kennett Square, Pennsylvania
19348,
2. Defendants are Estate of Thomas R. Pullen, who died on or about March
22, 2001 and his widow Chong S. Pullen, an adult individual, doing business as Pro Drycleaners
residing at 88 Fetrow Lane, New Cumberland, Cumberland County, Pennsylvania 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 area of approximately 1,360 square feet at
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5303 Simpson Ferry Road, Mechanicsburg Plaza, Mechanicsburg, Cumberland County,
Pennsylvania 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 Mechanisburg Plaza
assigned the Lease to P.D.S.l., Inc. on September of 1997.
6. Judgment was entered against defendants for the rent in arrears at the time
on September 21,2000 to No. 00-6437 Civil in the Court of Common Pleas of Cumberland
County which judgment has since been satisfied and judgment in ejectment was filed on
September 21,2000 to No. 00-6438 Civil.
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 16.05(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.
10. The amount currently in arrears forrent, CAM, taxes, insurance and other
charges amounts to $6,907.78. 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".
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11. By virtue ofthe foregoing, defendants, are indebted, jointly and severally,
to plaintiff as follows:
Rent, CAM, taxes and insurance in arrears
Attorney's Fees (10%)
TOTAL
$ 6,907.78
$ 690.77
$ 7,598.55
12. By reason of the confession of judgment clause in the aforesaid Lease,
plaintiff is entitled to entry of judgment in the amount of $7,598.55 in favor of plaintiff and
against defendants, jointly and severally.
WHEREFORE, plaintiff demands judgment against defendants, jointly and
severally, in the sum of $7,598.55 as authorized by the Warrant of Attorney appearing in the
attached Lease.
MacELREE HARVEY, LTD
By:~2I~
Michael G. Louis, Esquire
Attorney for Plaintiff(s)
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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. g4904 relating to unsworn falsification to authorities.
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~harlene Chaffee ~
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105140
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 FORPLAThITWF
: IN THE COURT OF COMMON PLEAS
P.D.S.L, Inc.
clo R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, PA 19348
Plaintiff
: CUMBERLAND COUNTY, PA.
: CIVIL ACTION - LAW
Vs.
: NO.
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, 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.
ager
Sworn to and subscribed
before me this Lj."I->) day
of (Y) 00 20 D(
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Not Public
Notarial Seal
Cheryl A, McCarthy, Notary Public
West Chester Boro. Chester County
My Commission Expires Nov. 15, 2003
Member, PennsytvanlaAssociationofNotanes
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105140
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 accompanied 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, PA 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA.
: CNIL ACTION - LAW
Vs.
: NO.
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
PLAINTIFF'S AFFIDA VIr OF DEBTORS' WANER OF RIGHTS
COMMONWEALTH OF PENNSYLVANIA
: 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 defendant's real
estate will be sufficient to satisfy the judgment within seven years)
(e) stay of execution (if defendant owns real estate in fee simple
within the county worth the amount to which the plaintiffts) is/are
entitled, clear of encumbrances)
(f) exemption laws now in force or hereafter to be passed
The facts showing such waiver are:
Sworn to and Subscribed
before me this I.J>.I.r) day
of MOO ,2001.
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Notary blic
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Notarial Seal
Cheryl A. McCarthy, Notary Public
West Chester Boro, Chester County
My Commission Expires Nov. 15. 2003
Member, PennsylvamaAssoclationof Notaries
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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.
ESTATE OF THOMAS R PULLEN and
CHONG S. PULLEN, doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
CERTIFICATE OF ADDRESSES OF PLAlNTIFF(S) AND
DEFENDANT(S)
I hereby certify that plaintiffaddress/principal place of business is clo RJ. Waters
& Associates, Inc., 402 Bayard Road, Kennett Square, Pennsylvania 19348, and defendants' last
known address is 88 Fetrow Lane, New Cumberland, Pennsylvania 17070.
Date: ~-,,</ t?/
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Charlene Chaffee
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P.D.S.!., InC.
clo R.J. 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.
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, doing business as
PRO DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CHESTER
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
before me this .Lf ~ day
of M o...r ,2001
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Notary ~blic U
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Notarial Seal
Cheryl A, McCarthy, Notary Public
West CheSler BOlO, Chester County
My Commission Expires Nov. 15, 2003
Member, PennsylvanlaAssoclatlonofNotarfes
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LEASE AGREEMENT
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LANDLORD: E-D CENTERS, INC. DBA MECHANICSBURG PLAZA
TENANT: mOMAS 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 Terms and Oefinitions ......
Use of Comnon Areas . . . . . .
Commencement of Rental and Other Charges
length of Term . . . . . . .
Condition of leased Premises
Tenant's \lork .......
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 Dallnquent Rent
2
2
2
3
3
3
3
ARTICLE III: CLEANING AND REPAIR OF lEASED PREMISES
3.01 landlord's Obllgatlons
....... . . . . . . . . . . . . . .. . . .. . ..
3
ARTICLE IV: CONDUCT OF BUSINESS
4.01 Use of Premises
4.02 Operation of Business
3
3
ARTICLE V: COMMON USE FACILITIES
5.01 Control of Common Facilities by landlord
5.02 Common Facilities Contribution
5.03 Definitions . . . . . . . . . . .
4
4
4
ARTICLE VI: ALTERATIONS, lIENS AND SIGNS
6.01 Alterations . . . . . . .
6.02 Tenant Shall Discharge All Llens
6.03 Signs, Awnings and Canopies
4
4
4
ARTICLE VII: MAINTENANCE OF lEASED PREMISES, SURRENDER AND RULES
7.01 Maintenance, Repair, a~ Replacement by Tenant
7.02 Maintenance by Landlord
7.03 Surrender of Premises
7.04 Rules and Regulations
4
5
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ARTICLE VIII: INSURANCE AND INDEMNITY
8.01 Casualty Insurance . . . . . . . . .
8.02 Waiver of Subrogation .......
8.03 Increase in Fire Insurance Premiums
8.04 liability Insurance
8.05 Indenn!fication 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 Attornnent..........
6
6
6
7
ARTICLE XI: ASSIGNMENT AND SUBLETTING
11.01 Consent Required
... . .. .. .. . . . . . . . . . . . .. . . ..
7
ARTICLE XII: WASTE, GOVERNMENTAL AND INSURANCE REQUIREMENTS,
ANO HAZAROOUS SUBSTANCES
lZ.01 Waste 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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'ARTICLE XIV:
,
DESTRUCTION OF LEASED" ,.dSES
14'.01 Partlat Destruction .........
14.02 Substantial Destruction .....,.
..03 Partial Oeatructlon of Shopping Center
8
8
8
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ARTICLE XV: EMINENT DOMAIN
15.01 Condennatlon........................................ 8
ARTICLE XVI:
DEFAULT OF TENANT
16.01 Default........
16.02 Remedies
16.03 Legal Expenses . . . . .
16.04 Failure to Pay; Interest
8
9
9
9
ARTICLE XVII: ACCESS BY LANDLORD
17.01 Right of Entry . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
ARTICLE XVIII: TENANT'S PROPERTY
18.01 Taxes on Leasehold
18.02 Loss and Damage
18.03 Notice by Tenant
10
10
10
ARTICLE XIX' HOLDING OVER; SUCCESSORS
19.01 Holding Over .
19.02 Successors and Assigns
10
10
ARTICLE XX: QUIET ENJOYMENT
20.01 Landlord's Covenant
10
ARTICLE XXI: MISCELLANEOUS
21.01
21.02
21.03
21.04
21.05
21.06
21.07
21.08
21.09
21.10
21. "
21.12
21.13
21. 14
21. IS
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
Definiti.or1S . . . . .
Partial Invalidity . . . . .
Recording .........
Entire Agreement . . . . . .
Jury Trial; Claims; Survival
Applicable Law . . . .
Consents and Approvals
Authority
Interpretation
Brokers
10
10
10
10
10
10
10
10
10
10
"
"
11
"
"
11
11
11
11
ARTICLE XXII: SECURITY AND RENT DEPOSITS
22.01 Amount of Secur I ty Depos It
22.02 Use and Return of Security Oeposlt
22.03 Rent Oeposlt . . . . . . . . . . .
11
11
11
ARTICLE XXIII: TENANT COVENANTS: EASEMENTS
23.01 Tenant Covenants
23.02 Eas_nts
24.01 Option to Extend
25.01 Rental Adjustment
26.01 Tenant Exclusive
EXHIBITS
12
12
12
12
12
Site Plan . . . . . . . . . . . . . . . . . . . .
Description of landlord's Work and Tenant's Work
Guaranty
Lease Addend...
Sign Criteria .
Lease Rider . .
Exhibit A
Exhibit B
Exhibit C
Exhibit 0
. Exhibit E
. Exhibit F
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. LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is entered into pursuant to the following terms and conditions:
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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: Julv 21. 1992 .
(b) "Landlord": E-D Centers. Inc. dba Mechanicsbufl! Plaza
Address: 304 Brandywine II Buildinl!. Chadds Ford. PA 19317
(c)
'Tenant":
Address:
Thomas R. Pullen & Chonl! S. Pullen
88 Fetrow Lane. New Cumberland. PA 17070
(d) "Shopping Center": Mechanicsburg Plaza
Located in Mechanicsburg ("City"), Pennsylvania
("State")
(e) Tenant's "leased premises": Shop ~ containing 1360 square feet;
17 by 80
(1) Original Term:
5
years,
3 months (see Section 1.04)
(g) Commencement Date: 9/1/92
Expiration Date: 11130/97
, subject to Section 1.03
, subject to Section 1.03
(h) Minimum Annual Rental: (see Section 2.01)
(1) Years 1-3 : $ 14.%0 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 dry cleaninl! establishment for shirt tailorinl!.
launderinl!. tuxedo rental and for no other purpose.
Trade Name of Tenant:
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"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 Souare 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 .
(q) Guarantor(s) (include spouse of individual guarantors): Thomas R. Pullen. Chong S. Pullen
(r) Riders: Riders consisting of a total of nine (-L) pages are attached to this Lease and
incorporated herein.
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Landlord demises and leases to 1en8n_-. ~nd Tenan~ rents from Landlord the leased ~
, ,
ises outl ined in red on Exhibit "A".
.
1.02 Use of Conmon Are!!!. The use and occupation by Tenant of the leased premises shall include the use, in cOlllOOn
with others entitled thereto, of the common areas, employees' parking areas, service roads, loading facilities, sidewalks
and cult....r car parking areas of the Shopping Center, and such other facilities as may be designated from time to time by
landlord, subject, however, to the terms and conditions of this lease. Landlord may designate certain portions of the
parking areas as reserved for use of certain tenants or cust....rs of certain tenants. All parking rights ara also subject
to ordinances of the City.
1~03 Commencement of Rental and Other Charaes~ Tenant's obligation to pay minimum rent and other charges duerlt
hereunder shall conmenee on the "Conmencement Date" which shall be the date set forth in Section 1.01(g), unless Landlord
is to perform any Landlord's War", tn which event the ConmencetnP.nt Date shall be the earlier of the following dates: (a) the I :,'-~
date which is rlr~~~.. (\5) ninety (90) days after landlord notifies Tenant in writing that the leased premises have been ~2J~
Substantially cCltlpleted and are available to Tenant for installation of its fixtures and hrprovements, or (b) the date orJ..>,..~ f
which Tanant ahall open the lea.ed preml.e. for busine.. to the public. The t.rm ".ubstantially c"""leted" a. u.ed in this. '-.-.
Lease shall mean that the work, if any, to be performed by Landlord as described in Exhibit IIBII hereof (lIlandlord'. WorK"'''''''~~'''-'.~~..
h.s been c"""leted with the e~ceptlon of minor Items which can be c"""l.ted without material interference with the \!lilli"?,
installation of fixtures or Inprovements for Tenant's business. Tenant, ,prior to the cccnnencement of the term, shaH w;t~ . ,~,..:l..:,
the prior consent of landlord be permitted to in.t.ll fixture. and equipment. Any work done by Tenant prior to c"""letion ~g~nt
of the leased premises shall be done in 8 manner 8S will not interfere with the progress of the work by Landlord ot ..-,tlllk.
completing construction, and Landlord shall have no liability or responsibility for loss of or any damage to fixtures,
equipment or other property of Tonant so inst.lled or pl.ced on the te..ed premi.... One. known, the commencement o.t. .h.ll
be .et forth In writing by lettor agreement .Igned by both partl...
1.04 l.noth of Term. The term of this le.se .h.ll be as set forth in Section 1.01(f), commencing with the
Commencement O.te determined in .ccord.nce with Section 1.03 hereof, if said d.te sh.ll occur on the fir.t d.y of a calendar
month. If the Commencement Oate is other than the first day of the month, the fir.t year of the le.se term shall be deemed
to be extended to include such pertial month .nd the fOllowing twelve (12) month., .0 as to end on the last d.y of the month.
1.05 Condition of leased Preml..s. If T.nant to to take the le..ed premi..s .... is" pur.uant to Section 1.01<1')'
l.ndlord shall have no obligation to prep.re the leased preml.e. for Ten.nt's use and there .hall be no l.ndlord'. Work.
If Tenant is not taking the Leased premises lias is" pursuant to Section 1.01(p), landlord 8grees at its cost and expense
to cotrplete landlord's Work and to deliver possession of the leased premises to Tenant in a substantially completed condition
(as defined in Section 1.03) on or before one year from the date of the .commencement of landlord's Work; provided, however,
that in the event l.ndlord's Work I. delayed or hindered by strike, c.su.lty, fire, injunction, in.bility to secure
materials, or restraint of law, unusual action of the elements, or any other cause beyond the control of Landlord, then. the
s.id period sh.ll be extended to the extant of such del.ys. If landlord fails to complete landlord's Work or l.ndlord does
not obt.ln .ccept.ble financing for the Shopping Center end/or l.ndlord's Work within s.id period of time, including .ny
extensions as herein provided of 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 .nycovenant or oblig.tion herein contained, and any .ecurity deposit sh.ll be refunded
to Ten.nt. Ten.nt'. .ole remedy for the bre.ch of l.ndlord's obligations under this Section 1.05 .hall be the foregoing
option to terminate this Lease 8S herein provided, and Tenant shall not have an action for damages, specific perfonmance,
or any other remedy arl.ing 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 business ("Tenant's Work"). Tenant's Work shall cortp'ly with all applicable statutes,
ordinances, regulations, and codes and shall strictly comply with the requirements of Article VI hereof. Tenant may not
puncture the roof or interfere ~ith the sprinkler system without specific written permission from landlord.
1~07 Shocoinq Center ~rovisfons. No rights or remedies shall accrue to Tenant arising out of the failure of
Landlord to construct or lease sny other parts of the Shopping Center or from any changes in occupancy by tenants in the
Shopping Center. It is understood th.t .aid Exhibit "An .ets forth the gener.l layout of the Shopping Center but shall 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 storfes) or locations of the buildings or common areas
in the Shopping Center a. landlord msy deem proper; (ii) to change or modify any me.ns of ingress or egress; (ili) construct
building(.) .nd/or kloskls) on or in the common area; or (iv) to .dd .dditional land or buildings or both to the Shopping
Center~
ARTICLE II: RENT
2.01 Minimum Annual Rental. Minimum rent. I hereunder shall be as set forth in Section 1.01<h) and shall be payable
in monthly in.tallments in adva""e, without ..t off, on the fir.t day of each and every month throughout the le.se term at
the office of l.ndlord or at such other pl.ce designated by landlord, without any prior dem.nd. Minimum rent.l for any
fractional month shall be prorated and payable in advance~ For purposes of this lease, the gross leasable area of the leased
premls.. shall be deemed to be that set forth in Section 1.01(e).
2.02 PercentaQe Rent. In addition to the payment of the fixed minimum rent as hereinbefore provided, Tenant shall
pay to landlord for each applic,ble full or partial Lease Year (including during any renewal term), as-percentage rent, a
sum equivalent to the amount, if .ny, by wHich the percent.ge .et forth in Section 1.01(1) of the gross receipts, as
hereinafter deflnsd. exceed. tho bre.kpoint set forth in Section 1.01(i). Within forty-five (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 shall
reasonably require the amount of gross 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 du~
for sai.d Lease Year. The term "lease 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 breakpoint shall be proportionately adjusted based upon the length of the partial year. Tenant's
statement of gross receipts shall be certified (in a form acceptable to landlord) under oath by Tenant's president or chief
financial offieer~
2~03 Gross ReceiDts Defined. The term "gross receipts," as used herein, is defined to mean the aggregate of all
gross receipts of Tenant and of all licensees, concessionaires and sublessees of Tenant from all business conducted upon
or from the leased premises, regardless of whether the such receipts are collected by or made through persons within or
without the leased. premises, a~ irre~pective of whether such rec~ipts be evidenced by check, credit, charge account,
exchange, or otherwlSe. Such gross recelpts shall include those received from any transaction, including, but not be Umited
to, ~th.e amounts received from the s~le and rental of goods, wares, merchandise and shelf and/or floor space, gift
certlflcates and for services and r~palrs performed on or from the leased premises, together with the amount of all orders
taken or received at the le.sed prem..e., whether such orders be filled therefrom or elsewhere .nd shall include s.les made
by or from vending devices in the le.sed premise.. Gross receipts .h.ll also include, but n;t be limited to, all d.posit.
not refunded to purchasers and all sales to employees or agents of Tenant. Gross receipts shall not include (or if included
shall be deducted therefrom) caeh or credit refunds upon gross receipts where the merchandise sold or some part of it is
returned by the purchaser to and accept~ by T~nant; the sales price ~f merchandise returned by customers for exchange,
provided that the s.les price of merchand.se del,vered to the cu.tomer .n exch.nge shall be included in gross re~eipts; .nd
t~. amount of .ny sal.., us., or gross r.c.lpt. t.x Imposed by any feder.l, .t.t., municip.l or oth.r governmental .uthorlty
d.rectlyon s.le. and collected from cu.tomer., provided th.t the amount thereof is billed separately to the customer .nd
!s required to ~e paid.~ Tenant to s~h governmental autho.rity. No franchise or capital stock tax 'and no inheritance,
lnc~, occupatlon, or Similar t8X or license fee based upon lncorne, sales or profits as such shall be deducted from gross
recelpts. ' ,
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direct~y on sales and c.ollected frorl. stamers, provided that the amount thereof Bled separately to the customer and
is required to be paid by Tenant to such governmental authority~ No franchise or'cbpital stock tax and no inheritance,
income, occupation, or similar tax or license fee based upon income, sales or profits, as such, shall be deducted from gross
receipts.
2.04 Tenant's Records. For the purpose of ascertaining the amoun~ payable as percentage rent, Tenant agrees to
prepare mafntain, and preserve on the leased premises, for a period of not less than three (3) years following the end of
each le~se Year, sales records showing inventories and receipts of merchandise at the leased premises and daily receipts
from at t sates and other transactions on the leased premises made and conducted by Tenant and aU other persons or fhms
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 i_n a cash register or in cash registers having 8
clftllatfve 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 leas. Years and all pertinent original sales records. Pertinent original sales records shall include: (a) cash
register tapes, Including tapes from temporary registers; (b) serially 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; (h) such other sales records, if any, which would normally be examined
by an independent accountant pursuant to accepted a~lting standards in performing an audit of Tenant's sales; and (i) the
records specified in (a) 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 percentage 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 (lX) 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 Tensnt 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 terminate this lease upon five (5) days' notice to Tenant of Landl~rd's
election to do so~ Any information obtained by Landlot:"d as 8 result of such audit shaLL not be made publ ic except to the
extent necessary to enforce this Lease and to provide infonmation to Landlord's lender(s) 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 shall 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 il1surance or insurance paid pursuant to Section 5.03). Insurance shall include fire insurance, extended coverage
and all other perilS coverage, 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~twelfth (1/12) of the estimated annual amount for taxes and insurance as
estimated by tandlord, 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 premises, and in such
event, Tenant's tax contribution shall be based thereon~ Additionally. with respect to taxes:
(8) Riaht to Contest Assessments~ Landlord may contest any and all such real estate taxes-~ If the resut t
of a~y such contest shall be a reduction in the amount of the ,eal 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
belarlce 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.
(~) Real Estate Tax~ Real estate tax means: (i) any fee, license fee, license tax, business license fee,
commerclal 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 fs 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; (iv) any tax imposed upon this transaction, or based
~pon a re~assessment o! the Shopplng Center due to a change in ownership or transfer of all or part of landlord's
lnterest In the Shoppmg Center; and (v) any charge or fee replacing any tax previously included within the
definition of real property tsx.
2~07 Interest on Delinauent Rent. All delinquent minimum rent, percentage rent and other charges due under this
lease shall accrue interest at a rate equsl to the lesser of one and one-half percent (1.5X) 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 Tensnt 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).
AR1IClE 1\\, CLEANING AND REPAIR OF lEASED PREMISES
3~01 landlord'aObliaations. As of the time Tenant takes possession of the leased premises, landlord at its cost
and expense, sha~l clean :h~ leased premises, and the air conditioning, heating, plumbing, electrical systems :nd equipment
shall be in working condlt1on. Except as above, the respective obligations of landlord and Tenant as regards maintenance
and repairs are governed by Article VII hereinafter.
ARTICLE IV, CONOUCT OF BUSINESS
4.01 Use of Premises. Tenant shall US! the l~ased premises solely for the purpose set forth in Section 1.01(j)
and shall operate ~er th; trade name set forth 10 Sectlon 1~01(k), and for no other business or purpose or under any other
name without the prlor wrltten consent of Landlord~ Consent may be subject to conditions as landlord deems appropriate.
4.02 ODer!tion 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 comp~ete stock of merchandise, maintain reasonably adequate personnel for efficiently aCCommodating it;
customers, and at all tImes maintain displeys 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 wou~d n~cessitate (in accordanc~ with any requirement of law or of any public authority) the making of
an addition or alterat10n ln or to the Leased premlses by landlord.
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ARTICLE V: COMMbN USE FACILITIES
501 Control of Common FacIlities by landlord. The common f.cllitles as defined in this leese sh.ll .t .11 times
be subje;t to the exclusive control .nd man.gement of landlord, .nd l.ndlord sh.ll have the right from time to time to
establish, revoke, modify and enforce re.sonable rules .nd regulations with respect to .ll or .ny part of s.id f.cilities.
lsl'ldlord sh.ll also h.ve the right to close .11 or .ny portion of s.id area. or fecllities to such extent .s may, in the
opinion of landlord's counsel, be legally sufficient to prevent 8 dedication thereof or the accrual of any rights 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 same, .s l.ndlord sh.ll d.termine to be .dvls.ble, 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 teased premises is
maintained.
5~02 Common Facilities Contribut;on~ During each calendar year or any portion thereof during the lease term,
Tenant will pay to landlo~ as additional rent, subject to the limitations hereinafter set forth, 8 proportion of the common
area operating costs hereinafter defined based upon the ratio that the square feet of gross leasable area leased to Tenant
herein beers 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 peyfng sueh costs: provided, however, if any 'item of common Brea 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 Oeceuber
31 prorating fr.ction.l years. The initial estimste shall be .. set forth in Section 1.01(0). Tenant sh.ll 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.
5.03 Def'nitions~ For the purpose of tMs paragraph, Ilcorrmon area operating costsll means the total costs (other
than the cost properly chargeable to capital account except as herein speciHcally provided) and expense incurred in
operating. managing, maintaining, repairing, relocating, modifying, renovating and replacing the conmon facH Hies
hereinafter defined, including without limit.tion the costs of maintaining roof, walls, found.tions, detention ponds,
porches, sprinkler system, utH ity lines and resurfacing or patching the parking areas and labor associated with line
painting, sidewalks and. curbs , security and traffic contro,l, security alarm systems, publ ic l isbi l ity andlDbrella insurance,
9a~eningM watering and landscaping, lighting, maintenance of sanitary control, all costs for utilities to corrmon aress,
removal of snow, Ice, drainage, rubbi'sh, and other refuse, costs to remedy and/or c~ly with goverrvnental and/or environmen-
tal and h$zardous waste matters, repsir or installation of equipment for energy-saving or safety purposes, reserves for
future maintenance and repair work (which Tenant hereby authorizes Landlo~ to use as necessary), any costs associated with
any merch,nts' association for the Shopping Center, depreciation on equipment and machinery used in maintenance, cost of
personnel requ;red 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 tover the administrative cost relative to the common facilities.
IfConmon facH ities" means aLL areas, space, equipment, and special services provided by Landlord for corrmon or joint
use and benefh of the occupants of the tracts shown on Exhibit "A", their er!Jlloyees, 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 f.ciliti.s maint.ined for the benefit of the Shopping Center. l.ndlord shall heve 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 alterstions, 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 any; 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 ell light fixtures and floor coverings, except trade fixtures,
appli.nc.f and equipment that do not beccme . part of the leased premises), shall inmediately beccme the property of
Landlord. At Landlord's request, Tenant shall utilize only contractors or subcontractors who have contracts in effect at
the time ~he improvements .re made with the respective building trsde unions which tradltionslly and normally perform the
work of the crafts involved in such work. Upon cOll'pletion of any such work, Tenant shall provide landlord with lias built"
pLans, copies of all construction contracts, and proof of payment for all labor and materiaLs.
6.02 Tenant Shalt DischarGe All Liens. Tenant shall prooptly pay its contractors and materialmen for all Nork 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 li.n w.ivers, and should .ny such lien be asserted or filed, Ten.nt shall bond
ag.inst or discharge the same within ten (10) days after written request by landlord. In the event Ten.nt f.ils to remove
s.id lien within said ten (10) days, landlord may, at its sole option, elect to s.tisfy 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 h.reunder. landlord's election to dIscharge li.ns .s provided h.reunder shall not be construed to be a waiver
or cure of Tenant's default hereunder~
6~03 Si~ns. A~ninas and CanoDies. Tenant will not, without landlord's prior written consent, such consent at
landlord'~ sole dtseretlon, 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 constn! place ,or maintain any decoration, lettering or advertising matter on the glass of any'windOw or door of the
leased prem1ses. All signs, awn)ngs, canopies, decorations, lettering, advertising matter or other thing so installed by
Tenant shsll at all times be malntained 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. Jf 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
repai~ .11 demage c.used by the removal o~ the sign. All expenses l.ndlord incurs sh.ll be i....di.tely paid by Tenent .s
edditlonal rent. landlord reserves the r1ght 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 Maint~nanc~,. Reoair. and ReD-tacement bv Tenant. Tenant shall, at its expense, at all times repair, maintain,
and replace (a) the 1nterlor of .the leased premises, together with exterior entrances, all glass and all window moldings,
(b) .!I fi~tures, partitions, c"llngs, floo~ coverings and utility lines In the leased pr.mises, and all plumbing .ndsewago
faci11ttes within the lease~ premise~ includlng free flow up to utility owned sewer lines, and (c) all doors, door openers,
equipment, machinery, appl1ances, s1gns and appu~tenances thereof (inCluding lighting, heating, air conditioning, and
pl~ing equipment and flxtures), in conf~r~ity wlth governmental regulations and atl rutes and regulations of the-Soard
of Flre Underwriters~ in good order, condltlon, maintenance and repair. If any item which Tenant is obligated to repair
cannot be fully repalred, Tenant shall promptly replace such item, regardless of whether the benefit of Slh I..c.eme..nt.
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. extends beyond the term of this Lease; .rensnt shall make any structural, interior .'exterior alterations and/or repairs
to the teased premises required by any governmental entity or insurance carrier or arising from damage caused by Tenant,
its eq>loyees, servants or 8gent8~ If Tenant be requi"red to make any exterior, interior or structural alterations, additions
or improvements in the leased premises, Tensnt 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 us., at its cost and at intervals 8S landlord shall reasonably require, a reputable service company to clean and
rep\ace ,tr*conditton109 filters; or, at landlord's option, landlord may contract for such services and include the charges
therefor as 8 common area operating cost. If Tenant refuses or neglects to commence Of complete repairs, maintenance or
replacements promptly and adequately, landlo~ may make or complete said repairs, maintenance or replacements and Tenant
shall pay the cost thereof to Landlord upon demand.
7.02 Maintenance bv landlord. Subject to Articles XIV and XV, the structural portions of the leased premises, the
roof, exterior walls and the foundations, shell be maintained by lendlord, 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 conmence repairs it is obligated hereunder to make within thirty (30) days after written notice from Tenant
specffyirtg 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, equfpnent, sfgns 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 fixtures; wall coverings: drapes, blinds or other window coverings;
carpets or other floor coverings: or other similar building operating equipment and decorations), broom clean and in good
conditio" and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered
to Landlord before surrendering the leased premises as aforesaid and shall repair any damage to the leased premises caused
thereby. Any personal property 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 le~sed premises. If the leased premises are not surrendered at the
end of t~e 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 such 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 shalt be used in 8 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 inmedfately
adjoining the leased premises or other cOITmOn facH ities and shaH not use such areaS for business purposes other
than for ingress and egress.
(d) Tenant and Tenant's enployees 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
~;ght injure the reputstion 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~ '
(l) To use or permit the use of the ConnlOn facit ities 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
9nd trailer sales and special promotional events.
Landlord reserves the righ~ !rom time to time to amend or supplement the foregoing rules and regulations and to
adopt and p~omulgate reasonable addltlonal rules and regulations applicable to the leased premises. Notice of such rules
a~d regulatlons and amendments a~ supplements thereto, if any, shaLL be given to Ten'ant in writing. Tenant agrees to comply
wlth all such rules and regulatlons, and Tenant shall be responsible for the observance of these rules and regUlations by
Tenant's employ~es, agents and tnvitees. The foregoing rules are solely for the benefit of landlord, and landlord shall
have no obllgatlon to enforce such rules for the benefit of Tenant~ landlord at Its option may waive certain rules with
respect to individual tenants. If .Tenant violates any rule, landlord may notify Tenant that Tenant is in default~
ARTICLE VIII: INSURANCE ANO INDEMNITY
8~01 Casual~Y Insurance. Tenant shall at all times keep and maintain in force and effect its own insurance
cov!rage, protecting lt from loss, damage ~r injury by whatever means, with respect to all furniture, fixtures machinery
equlpment, stock in trade, and all other ltems kept, used, or maintained by Tenant in, on, or about the leased premises.'
. _ 6.02 Waiver of Subro.ation. Each of the parties hereto does hereby release the other party hereto from all
liabILIty for demage due to any act or neg!ec~ of the other party (except as hereinafter provided) occasioned to property
o~ned by 6aid part!es which is or might be lncldent to or the result of a fire or any other casualty against loss from which
elther of the partles is now carrying or hereafter may carry insurance; provided, however, that the releases herein contained
shall not apply to any loss or damage occasioned by the willful acts of either of the parties hereto. Th~~.rt' . f....urt~.er
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covenant that a~ insurance obtained on their respective properties shall contah. -dn appropriate provIsIon whereby the
insurance company or companies consent(s) to the mutual release of liability contained in this paragraph.
8.03 Increase in fire Insurance Premiums. Tenant agrees not to keep, use, sell or offer for sale, in or upon the
leased premises, any articles or goods which may be prohibited by the standard form of fire insurance policy. Tenant agrees
to pay upon demand any increase tr'l premhlll for fire and extended coverage insurance and all other perils that may be charged
during the term of this Lease on the amount of such insurance which may be carried by Landlord on said premises, or the
building of which the same Ire a part, resulting from the use of the leased premises by Tenant, whether or not landlord has
consented to such use~
8.04 Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect a policy of
public liability snd property d~ge insurance with 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 S1,000,000 per
occurrence for bodily and/or per_onal 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 IndennHicat;on of landlord. Tenant will protect., indemify, defend and save harmless landlord, {ts agents
and servants, from and against any and all claims, actions, damages, suits, judgments, decrees, orders, liability and expense
(inCluding costs and attorney feeS) in connection with loss of life, bodily injury, personal injury and/or damage to property
of whatever kind or character ho~soever caused, ariSing from or out of any occurrence in, upon or about the leased premises,
or in the occupancy or use bV Tenant of the leased premises or any part thereof, or occasionec:' wh~tly or in part by any act
or omission of Tenant, its agents, contractors, employees, servants, sub lessees or conceSSlonalres, notWIthstanding any
possible negligence (whether solv, 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 liability Insurance. In the event that at any time during the term of this lease or any extension or
renewal thereof, beer, wines or other alcohol ic 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 aod 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. In the event such insurance is not carried,
sales of the foregoing products .hall be suspended until such coverage is in force~
8.08 Insurance Policv~ The insurance required in this Article VIII shall be in form approved by landlord, shell
name landlord and Tenant as the insured, and shall contain a 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 policy shall insure Tenant's performance of the Indemnity provisions of Section 8.05
hereof.
ARTICLE IX: UTiliTIES
9.01 Utility Charaes. 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
beyohd landlord's control.
ARTICLE X: PRIORITY OF lEASE
10.01 Subordination. Landlord shal 1 have the right to transfer, mortgage, assign, pledge, and convey in whole 01'
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 snd 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 Tena~t, but Tenant covenants end agrees, if requested, to execute and deliver upon demand such
further instruments subordinatin9 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 attorneyain.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 befng 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 Estocoel 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 ~ame is in full force and effect as modified and stating the modifications), stating the actual
commencement and expfratlon dates of the lease, stating the dates to which rent, and other charges, if any, have been paid,
that the leased premises haye been completed on or before the date of such certificate and that all conditions precedent
to the lease tak!ng effect have been c8rrfed~ut, that Tenant has accepted possession, that the lease term has commenced,
T!nant is OCCUpylng the leased premises and 1S open for business, and stating whether or not there exists any default by
eIther ~rty in the performance of any covenant, agreement, term, provisio~ or condition contained in this lease, and, if
~o, s~eclfying each such default ~f whlCh the signer may have knowledge and the claims or offsets, if any, claimed by Tenant;
It being Intended that eny such statement delivered pursuant hereto may be relied upon by landlord or a purchaser of
lendl~rd'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
pros~~tive purchaser or encumbrancer may conclusively presume and rely upon the follOWing facts: (i) that the terms and
proVls1ons of th,s 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; (ii;) that not more than one (1)~nth' minimum
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rent or 'Other chIJ:rges have been paid'1ri.advancei and (iv) thet Landlord is not in dio.'...dlt under the Leese. In such event,
Tenant shall be estopped from denying the truth of such, fects. .Tenant shall also, on ten (10) days' written notice! provide
en agreement in favor of end In the form customarily used by sUCh encumbrence holder, by the terms of which Tenent WIll egree
. to give pr"""t written notice to eny such encumbrence holder in the event of any cesuslty damage to the leesed premises or
in the event of eny defeult on the part of landlord under this leese, end 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.
10.04 Attornment. At the option of the holder of any mortgage affecting the Leased premises, Tenant agrees that
no foreclosure of a mortgage affecting the leased premises, nor the institution of any suit, action, summary or other
proceeding ageinst landlord herein, or any successor lendlord, or any foreclosure proceeding brought by the holder of eny
such mortgage to recover possession of such property, shall by operation of law or otherwise result in cancellation or
termination of this Lease 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 instance, which consent may 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 8 bona 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 esslgn this lease upon the terms of seld offer, whereupon landlord shall have thirty (3D) deys to accept or
reject said assignment 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 (5OX) of partnership ownership, or any reorganization or restructuring which results In the net worth of Tenant
decreasing by more than 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 obl i,gations 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 subsequent owner or owners thereof or of this lease.
ARTICLE XII: ~ASTE. 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 act 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
propert i es.
12.02 Governmental and Insurance Reauirements. Tenant shall, at its sole cost and 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 Bny 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 goverrvnental, quasi-goverrrnental or regUlatory authorities (1Ilawslt) which relate to the transportation,
storage, placement, handling, treatment, discharge, generation, production or disposal (collectively "Treatmenttl) of any
waste, petroleum product, waste products, radioactive waste, poly. chlorinated biphenyls, asbestos, hazardous materials of
any kind, and any substance which is regulated by any law, statute ordinance, rule or regulation (collectively t1Waste")~
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 corrplete copy of any written Notice. "Noticell shall mean eny 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 agrees 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 "Indemnified
Partiesll) against and from, and to reimburse the Indennified Parties with respect to, any end all damages, claims,
liabilities, loss, costs and expense (including, without limitation, all attorneys' fees and expenses, court costs,
administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising
out of: (e) the breach of any representetion or underteking of Tenent under this Section 12.03 or (b) arising out of the
Treatment of any Waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the leased
premises, in or affecting 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 and the representations
set forth in this Section 12.03. landlord may require that Tenant deliver to landlord concurrent with Tenant's vacating
the leased premises upon the expiration of this lease, or any earlier vacation of the leased premises by Tenant, at Tenant's
expense, B certified statement by licensed engineers satisfactory to landlord, in form and substance satisfactory to
landlord, stating that Tenant, Tenant's Work and any alterations thereto and Tenant's use of the leased premises complied
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, contamina.tion, discharge,. leakage, release or escape of any Waste in or affecting the leased premises,
whether sudden or gradual, accldental or antfclpated, or any other nature at or affecting the leased premises and whether,
to the best of Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the leased premises.
ARTICLE XIII: PROMOTION FUND
13.01 Promotion Fund. lendlord mey establish en Advertising, Marketing and Promotionel Program (hereinafter
referred to as the nprogramU) to furnish and maintain advertising and sales promotfons which will benefit the Shopping
Center. The Promotion Fund shall be used by Landlord to pay all costs and expenses associated with thell~o~mu Tt.T~.on.~
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. carrying out of an ongoing Program ft.. _.:-.e promotion of the Shoppllig Center, which F 'am may include, without limitation,
special1events, 'shows, displays, signs, seasonaL" events, institutional advertising"-1'or the Shopping Center, promotional
materl.t to be distributed within the Shopping Center, .nd other activities within the Shopping Center designed to attract
customers. The staff and any consultants hired by landlord to direct and perform the activities of the Program shall be
under the direction and supervision of landlord. landlord has the exclusive right to review and approve of all proposed
activities and acts of the Program and, in its sole discretion, may approve, disapprove and/or establish its own conditions
for the Program.
Tenant agrees to pay monthly, in advance, the St.ln 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 shara. 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 Promoti~n
Report, which will be supplied by landlord and will include sales results and other infonmation necessary from Tenant 1n
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 i~rovements 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 damege or destruction renders the leased premises untenantable shallabste from the date of such damage
or destruction until the leased premises are repaired or restored.
14.02 Substant.lal Destruction. If the leased premises shall be so d....ged 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 Shocoino 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 a~ 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 (3rd) day after such nottce 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 8S 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 itA 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 damage 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 be
subordinate to the rights of landlord's first mortgagee.
ARTICLE XVI: DEFAULT OF TENANT
16.01 Oefault. The following shall constitute an "Event of Default" 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 obI igation (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 States or
of any state, B petition of bankruptcy or insolvency, or for reorganization or for the appointment of 8 receiver
or trustee of 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 8rr8ngement~
(d) if Tenant shall abandon or vacate the leased premises, or suffer this lease to be taken under any wrtt
of execution. .
(e) if Tenant shall default in the timely payment of rent, additional rent, taxes, insurance or comnon 81'ea
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 document shall be deemed an
incurable, material breach of this Lease and, at landlord's option, constitute an immediate termination of Tenant's
right to possession of the leased premises.
. If any Eve~t of Default occurs, landlord, besides all such other rights or remedies it may have under this lease
or In law or in equlty, 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 premises by force, sl..l'l'lMryactiol"t,
or otherwlSe, and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the
account of Tenant, all without service of notice or resort to legal process, end without being deemed 9Ui~Of trespass
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or becoming liable for an)' loss or damage which may be occasioned thereby. Tenant B~.-'ees that Tenant shal 1 h~ve no further
claim under this lease and shall quit and del iver up the possession of the leased premises, including permanent i~rovements
to the leased premises, when this Lease terminates 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, as herein provided, or take
possession pursuant to legal proceedings or pursuant to any notice provided for herein, and it may either terminate this
Lesse, or it may from ti... to time without terminating this Leese make such alterations and repairs as may be necessary in
order to relet the leased premises or any part thereof for such term or terma (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 corxHtions as landlord, in its sole
discretion, may deem advisable. Upon each 'such reletting all rentals received by landlord from such reletHng shall be
applied first to the payment of any indebtedness other than rent due hereunder from Tensnt to lahdlord; 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; third, 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 beccme 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 shall 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 ~uch 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
immediately due and payable from Tenant to Landlord. In determining the rent whieh 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 d~ring the preceding three (3)
full calendar years, whichever period is shorter~ Any reletting shall be done in sueh 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 \ease of "rea\ property in a shopping center" and that a debtor
in possession and/or trustee in bankruptcy acting pursuant to the provisions of the revised bankruptcy code, may assl.Mle ,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 perfonmance 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 disruptiDn in the tenant mix and balance of the Shopping Center~ landlord shall have at all times a valid
lien for all rentals and other suns 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 shell first have been paid and dfscharged~ 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 with~ut liability for trespass or conversion, and sell the same with or without notice 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 tess any and all expenses connected with the taking of possession and sale of the_property, 858 credit
against any SLmS 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 fn 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 Bre no prior liens or security interests on said personal properties. 1~ addition to other
remedies available under this lease, in the event of an occurrence of an Event of Default or, in the event of 8 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 fora Mention in this lease of any particular remedy shall not preclude landlord for any other remedy, in taw 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 teased
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 D;r 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 termj.nation or corrmencement of a suit, or after final judgment for
possession of the le"sed premi'ses, Landlord may'receive and collect Bny rent or other amounts due Landlord and such payment
s~all not in any respect reinstate this Lease and shall not waive, affect or impair said notice, said suit or said Judgment
wlthout 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 Leoal EXDerlSes. 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 othe~ sums and relief available
to the prevailing party, all expenses incurred therefor, including reasonable attorneys' fees to the extent permitted by
law.
16.04 Failure to Pav, Interest. If Tenant at any time shall fail to pay any taxes, assessments or liens, provide
insurance or ~rform ~ny act required by this Lease to be made or performed by it, or fail to pay any charge payable by
Tenant or to tlmely dlScharge 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 ~r perform such act for the account and at the expense of Tenant. All sums so paid by landlord
and all costs and expe~ses so lncurred shall accrue interest at a rate equal to the lesser of one and one~half percent <1.5%)
per month or ~he maXllJM'1'l 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 gy LANDLORD
17~01. Ri~ht of Entry. Landlord or landl?rd's agents shall have the right to enter the leased premises at all
reaso~able tlmes to examine the same and to show It to purchasers and to make such repairs, alterations, improvements or
addlt,ons as Landlord may deem ne~essary or desir~ble, and Landlord shall be allowed to take all material into and upon the
leased premises that may be .requlred therefor wlthout the same constituting an eviction of Tenant in whole or in part.
During the ~ix (6) months pr,or to the expiration of the term of this Lease or any renewal term, Landlord may exhibit the
leased prem1ses to prospective tenants or purchasers and place upon the \eased premises the usual signage for space rental.
N~thfng herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or
llability whatsoever for the care, maintenance or repair of the buildfng or any part thereof except as otherwise herein
specifically provided. '
9
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ARTICLE XVIII: TENANT'S PROPERTY
18.01 Taxes on leasehold. Tenant shall be responsible for and shall pay before delinquency all municipal! county,
or stete taxes assessed during the term of this lease against Bny leasehold interest or personal property of any klnd owned
by or placed in, upon, or about the leased premises by Tenant.
18~02 Loss and Damaae. Landlord shall not be liable for any injury or damage to persons or property resulting from
fire, explosio~, falling plaster, steam, gas, electricity, water, rain or snow, or leaks from any part of the leased
premises or frem the pipes appHanees or pl\Jd)~ng works, or from the roof, street or subsurface, or from any other place,
or by da~ess or by any other cause of whatsoever nature, and whether originating in the leased premises or elsewhere.
All property of Tenant kept or stored on the leased premises shall be so kept or stored at the ri.k of Tenant only, and
Tenant hereby holds landlord harmless from any claims arising out of damage to the same, including subrogation claims by
Tenant's i"sur_nce 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 part.
ARTICLE XIX: HOLDING OVER: SUCCESSORS
19.01 Moldino OVer~ Any holding over after the expiration of the term hereof, with or without the consent of
landlord shalL be construed to be 8 tenancy from month to month at the rents herein specified. (prorated on 8 monthly basis)
and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, if such holding
over is without the consent of Landlord, mininuR rent for such holdover period shall be two (2) t'imes 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,
provfstons and conditions 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 covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably
and quietly hold and enjoy the leased premises for the term hereby demised without hindrance or interruption by landlord
or any other person or persons la~fully or equitably claiming by, through or under landlord; subject, nevertheless, to all
the terms and condit tons of this Lease.
ARTICLE XXI: MISCELLANEOUS
21.01 Waiver. The waiver by Landlord of any breach of any tenm, 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, tenm or condition of this lease shall be deemed to have been waived by landlord unless such waiver shall be
in wrfting.
21.02 Accord and SatiSfaction. No payment by Tenant or receipt by landlord of a lesser emount 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 6atisfaction.
21~03 No PartnershiD. landlord does not, in any way or for Bny purpose, become a partner of Tenant in the conduct
of its busines6 or otherwise, or joint adventurer or a member of 8 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 pow~r, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature
not the fault ~f 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 shall be extended by e period equivalent to the period of such delay. The provisions
of this Section 21~04 shall 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 Liabilltv. If landlord shall fail to perform any covenant, term or condition of this lease upon
landlord's pert to be performed, 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 a 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 ri9ht, 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 c""l'rising such partnership shall be I iable for any
deficiency. It is understood that 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 lIabil ity and obligettons hereunder. .
21.06 Notices and PaYments. Any notice by Tenant to Landlord must be served by Federal Express or similar overnight
delivery service or by certified mail, postage prepaid, sddressed 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 simi lar
overnight deU."ery service or by certlfied 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 sa~e to landlord as herein provided.
21~07 financial Statements. The persons signing this lease on behalf of Tenant 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 lendlord updated financial statements of
Tenant and Guarantors each lease Year and from time to time as requested by landlord.
21.08 GUarantors. lhis lease shall not be effective unless the persons, if any, listed in Section 1.01(q) hereof
shall execute the Guaranty attached a8 Exhibit "C" of this lease. .
21.~9 CSDtions and Section Numbers. ~he captions, section numbers, article numbers and headings appearing in this
lease are lnserted only as a matter of conven1ence and in no way define, limit, construe or describe the scope or intent
of such sections or articLes of this lease.
. 21.10 Oefinitions~ The word."Tenant" shall mean each and every person, firm or corporation mentioned as a Tenant
here1n, be the same one or more; and 1f there shall be more than one Tenant, any notice required or permitted by the terms
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of this'lease may be given by or to' .. one ther~of, and it shall have the same f.. and effect as if given by or to all
thereof'. If there shall be more than one Tenant, they shall all be bound jointly'and severally.
21~11 Partial Invalidity. If any term, covenant or condition of this lease, or the application thereof to any
person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this lease"or the application of
such tenm, covenant or condition of this lease shall be valid and enforceable to the fullest extent permitted by law.
21~12 Recording. 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 th~ covenants, promises,
agreements conditions and understandings between landlord and Tenant concerning the leased premises, and there are no
covenants 'promises, agreements, conditions or understandings, either oral or written, between them other than as herein
set forth: All prior c~ications, 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 eaoceling 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 i~consistent with any printed provisions of this lease, the provision contained in such rider shall supersede
said printed proyision~ Tenant hereby acknowledges that (8) 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 al\ 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 as a covenant by landlord.
21.14 Jury 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 lease and waives the right to interpose any set.off or counterclai~ 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 ter~ination
of this lease regardless of the means of such expiration or tenmfnation.
21.15 Al1Plicable Law. This Lesse 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 ADDrovals. 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 8ttor~eys' 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 t~is Lease which either expressly provides or is held
to provide that ~andlord shsll 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 I reports, fees and other 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 a 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 (ease on behalf of partnership 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 premjses~
21 ~ 18 InterDretation. 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 or consummating 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
8 commission or compensation in connection with this Le8se~ 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 scquire 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.
ARTIC~E XXII. SECURITY AND RENT DEPOSITS
22.01 AmQ,unt of Securitv DeDosit~ Tenant, contemporaneously with the execution of this lease, has deposited with
Landlord the sum set forth in Section 1.D1(m), the receipt of which is hereby acknowledged by ~andlord. Said deposit shall
be held by ~endlord, without liability for interest, as security for the faithful performance by Tenant of all the terms
covenants and conditions of this lease by said Tenant to be kept and performed during the term hereof. Tenant specifically
agrees that any deposit held hereunder by landlord may .be commingled with any other funds of landlord.
22.02 Use and Retu~n of Security Deoosft. Should Tenant fail to keep and perform any of the terms covenants and
conditio~s of this lease to be kept and perfonmed by Tenant, as provided in Article XVI, landlord may approp~fate and apply
said entIre deposit, or so much thereof as may be necessary, to compensate landlord for loss or damage sustained by landlord
due to such breach, without prejudice to its further rights and remedies. Should the entire security deposit or any portion
thereof be appropriated and applied by Landlord for the payment of overdue rent or other sums due from Tenant hereunder
then Tenant shall, upo~ the written demand of landlord, forthwith remit to landlord a sufficient amount in cash to restor~
said deposit to tt\e original sum deposited. Should Tenant comp\y with all the terms covenants and conditions of thls Lease
the said deposit shall be returned in full to Tenant at the end of the term of thi; lease or upon its earlier termination:
22.03 Rent OeDosit. Tenant, contemporaneously with the execution of this Lease has deposited with landlord the sum
set forth in Section 1.Dl(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 IlTenant Covenants"). 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 substantial damages,
and as such, Tenant aCknowledges and agrees that any such violation by Tenant of any such Tenant Covenants shall constitute
. defoult hereunder entitling londlord to c.ncel this leose or enjoin Tenont from violoting such Tenont Covenonts, 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 shalt tie construed to permit Tenant to expand the use restrictions set forth in Sec.
tion 4.01 hereof.
23~02 Easements~ The Shopping Center is and/or may be encumbered and/or benefitted from time to time by certain
easements, devetopment and operating covenants, and similar agreements. Tenant agrees that it shall abide by any such
ogreement, including .s .ny such ogreement moy be omended from time to time in londlord's sole discretion. londlord sh.ll
have the right to enter into and/or terminate any such agreement in landlo~/s so~e discretion~
24.01 Cotion to Extend. So I_ .s Tenant h.s never been in default of this lease dur;'1!I the inltlol te... Tenont
sholl h.ve an ""tion to extend this lease for one (1) DOriod of five (5) ye.rs. The rent.l for the ""tion .DOriod sh.ll be
determined by the consuner Drice index as more soecificallY defined in Article 25.0,1. Tenant IIlJSt notifY landlonf of its
intention to exercise said ootion in writi... not less than one hU'ldred and siaht ,(180) davs'DI'"ior to, the emiratian of the
initial tena. If ell of the foreaoinG conditions are not met then said aotton shall be. .....U ard void. Exceot where
exolfcitlv st.ted here. ell tel'lllS aI'ld conditions of the lease "HI remain full force .nd effect thl"OUllh the duration of the
""tion DOriod.
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25..01 Rent Adiustment. Begimina in Seoten'ber 1. 1995. and each and every slbsewent Seotenber thereafter. the rent
sh.ll be adjusted in .ccordance with the Consumer Price Index .s hereinafter Drovided. The Adjus~t sh.ll be _ by
multiDlvi... the month Iv rent of $1246.00 by . fr.ction. (the '.....r.tor of which sh.ll be the Consumer Price Irxlex for the
month of June 1995. ch ...,. t June there.fter aI'ld the denominator of whi . sh.ll be the Consumer Price. Irxlex for f)I?
the month f J\01!l. ..' the fr.ctlon Is less than One Doll.r $1.00 then the ren as ad'ustedfor the .or r sholl
remain in effect.. Said ,Consliner' Pr.lce Index is hereby defined to be the 'Index now knoWn as' "the Corisl.fner' Price Index: All _.
urban consumer.' U.S.CIt.v.verll!le: All items: 1967 - 100.0. If such Index sh.ll be dlscontilUld. then the successorr,;?j!tf
Consuner Price Index DreD8red b>i the U.S. Bureau of Lebor Statistics or successOr" BAencv thereto which most clearly, . ,'1
8IlllrOXillllltes the defined Index sh.ll be used. Notw.lthst.ndi... the for8!loi... .the minimum rent..l .holl not be less than th.t
ovided in r r 3.1 of th,is reement. Notwithstandi a hi to the contra the increases in rental dJe to the
COhOumer ice ndex sh.ll not be more th.n 5% or less than 3X in. one r.
26..01 So lDnQ as Tenant is not in default and is ooen for business as a dry cleaner. landlord will not directly
lease 8I1Y SDace in the shODDinq center with the exceotion of SDaces 12 and 3 as denoted on Exhibit HAD to another shoo that
offers dry cle.~i... and laul'ldry services .s its Drimsrv 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: DOEVIllE lIMITED PARTNERSHIP, .
Delaware l imfted partnership,
a general partner
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TENANT: Thomas R. Pullen, Chong S. Pullen
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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, columns, be_, floor and roof alabs shall be constructed with incontlustlble
and/or wood framing, and the floor and roof slabs shall be designed to carry I ive 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 materiels.
If any losds 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.
Z. 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
S. STORE FROIITS
1. Desisn: 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.
Z. Ceilings: A suspended Z x 4 grid system and Z x 4 acoustical tiles will be installed. At Landlord's option, in
any stock areas so designated by Tenant, such area may either have 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 Rooms: one toilet room will be provided In the leased premises with common toilet facilities for men and
women. Where the local codes require more than one toilet, the cost of said second toilet shall be borne by Tenant.
D. PARKING AREAS AND WALKS
1. Surface: Parking areas will be concrete or asphaltic concrete over crushed rock base on grade at landlord's
option. Walts and malls will be surfaced with concrete, stone, brick, tile or any other suitable materials as specified
by Landlord's architect.
Z. Lighting: Parking areas, walks, and malls will be lighted; the minimum aversge maintained lighting level on the
surface of the parking areas will be one (1) foot candle.
E. ELECTRICAL WORK
,. PublIc aI'ld 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
~i\l provide one (1) empty 3/4" conduit for Bnynecessary hookups~ landlord will supply initial installation of fluorescent
strip lighting fixtures.
3~ Service: Laricflord will provide a 200 a"" 3 phase service entrance, and power will be
brought to the leased prem'iaes and stubbed in at panel and any increase in power requirements shall be paid for by Tenant.
F. HEATING AND AIR CONDITIONING
1. Heating: landlord win provide a heating systeJ.. "" I( '" W~fi' It'. ~ .....u..., and air-conditioning system th.~-?flL-'.'-~f/;
is rated et as is tons to be located as set forth in the plans. _/A
G. UTILITIES
1. Water, Gas, Etc.: Normsl waste lines shall be brought to the leased premises, stubbed in and connected to the
public sewer.
2. In respect to gas, if this utill~y Is a~ailable, subject to the sole discretion of Landlord, it shall be brought
to the leased premises. Water and electrIcity w,ll 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 that amount paid by Landlord to the utility company for the installation
of sald meter~
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TENANT'S \IORK
landlord's Work is limited to the work hereinsbove described and excludes work described as Tenant's Work; all work
not classified as landlord's Work Is Tenant'. WOrk.
Tenant'S Uork shall include all other necessary f~rovements to operate Tenant's business and shall include, but not
be limited to, the purchase and/or Instsllation and/or performance of the following, and all the following shall be at
Tenant'. expense. The plans and specifications, if any are needed, and the detail and design shall be slbject to the written
approval of Landlord's architect.
A. ITEMS TO BE DONE
I. Telephone wiring, devices, and installation and service costs.
l. Inter-com, redlo aI'ld TV conduit, devices aI'ld wiring.
3. light covers and other ceilings 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 shall beaf the additional cost of 8 special store front over that of the standard "straight" 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.prepsre 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 oi Landlord or Landlord's architect.
Il. All requirements related to bottled water.
B. CONSTRUCTION
I. 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.
l. Work undertaken by Tenant during general construction shall be handled in the follOWing manner:
8. Work attached to the structure such as additional plumbing, electrical work, plastering, terrazzo, etc.,
may be handled in any of the following ways:
(1) Awarded by Tenant to his own Contractor, who has been approved by Landlord'S architect.
(2) Awarded to the Project Contractor through the use of unit prices which have been establ fshed 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 should attempt to allow Contractors for this category of work who are already
on the sIte to bid on thefr work.
PROCEDURE
1. lal'ldlord will provide Tenant, when prelimlnsry plans have been prepared by landlord's architect, with scsle
drawings, showing the general features of the leased premises, together with infonmation on suitable locations for sir-
handling units, toilet rooms and deSign.
l. 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 u~
the cost of the item lendlord would have been required to c""l'lete. 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 .
(la E-O Centers, O.B.A. Mechanicsburg Ptaza
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EXHIBIT .C.
TO LEASE AGREEMENT
GUARANTY
In order to Induce E-D Centers Inc. dbo Mechanicsbur. Pla.a
(nl8ndlo~l) to enter into that certain Lease Agreement dated Ju\v 21 ,
199, (the "lease") between landlord and Thomas R. Pullen & ChonQ S. Pullen
(1Il'enant"), and in consideration of the benefits inuring.to the undersigned (the
ItGuarantor") under said Lease, the receipt and sufficiency of which is represented by the Guarantor to landlord to be
sufficient and adequate, the Guarantor hereby unconditionally guarantees the performance of all of Tenant's obligations under
the Lease including without limitation, the payment of rental as provided therefn~ This Guaranty shall remain in full
force thr~hout th; original lease tarm and any renewals thereof. This Guaranty shall be bl~lng upon Guarantor ~nd
Guarantor's heirs, legal representatives, successors aI'ld assigns, aI'ld shall inure to the benef,t of landlord and Its
successors and assigns. If there is more than one Gusrantor, 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 lenBnt ~er the Lease, and herebv waives
diligence, presentment, protest and suit on the port of landlord In the enforcement of any liability, obligation or duty
guaranteed hereby. Guarantor further agrees that lal'ldlord shall 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
easignment or sublease by Tenant of Its Interest in the lease, nor shall the liability of the Gusrantor be affected by the
insolvency, bankruptcy (voluntary or involuntary), or reorganhation 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 end duties of
Tenant under the lease as so modified, extended or amended.
Guarantor further agrees <'l 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 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 a loan to be made by such institutional investor to landlord, and as long es 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 $uit, 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, Bction or proceeding to make Landlord 8 party thereto~ This Guaranty may not be modified
or amended without the prior written consent of such aSSignee of Landlord'S interest tn the lease, and any attempted
modification or amendment without such consent shall 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 obligations owed to landlord under the lease and this Guaranty. Guarantor assumes the
responsibil ity to remain informed of the financial condition of Tenant and of all other circLlDStances bearing upon the risk
of Tenant'S defauh, which reasonable inquiry would reveal, and agrees that Landlord shaH 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 acting or purporting to act on its behalf, and any
Indebtedness made or created in rei fance 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 8 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 a part
thereof. Any reference in those provisions to "Tenant'l shall mean each Guarantor and any reference in those provisions to
the "Leaselt shall mean this Guaranty.
If any one or more of the provisions of this Guaranty shall be held to be Invalid, illegal or unenforceable In any
respect, such Invalidity, illegality or unenforceability shall not affect any other prOVision of this Guaranty, and this
Guaranty shall be construed as if such invalid, illegal or unenforceable provis.ion had never been contained. herein. This
Guaranty shall be construed according to the laws of the state where the leased premises are Located (the flState"). By
execution hereof, the undersigned specifically consent to this choice of law designation end consent that all actions or
proceedings aris~ng directly, indirectly or otherwi~e ~"' c~nne5t~~n with, out of, related to, or from this Guaranty or the
lease shall be I,tigated only in the courts located In t~e Stat.. and the undersigned (i) consent and submit to the in
gersonam jurisdiction of any state or federal court Jocate~ 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 mail. '
TO THE EXTENT PERMITTED BY APPLICABLE lAY, AND ACKNOWLEDGING THAT THE CONSEQUENCES OF SAID YAIVER ARE FULLY UNDERSTOOD
THE UNDERSIGNED HEREBY EXPRESSLY IIAIVE THE RIGHT TO TRIAL BY JURY., THE RIGHT TO INTERPOSE ANY DEFEN.SE BASED UPON ANY STATUTE
OF lIMITATIONS, ANY CLAIM OF lACHES AND ANY SET-OFF OR COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING
INSTITUTED AGAINST THE UNDERSIGNED OR ANY OTHER PERSON LIABlE ON THE lEASE.
IN YITNESS WHEREOF, Guarantor(s) has/have caused this instrument to be executed thiS.~~y of ~~ 19~
A nEST:
By
Its President
Secretary
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CORPORATE GUARANTDR
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INDIVI Al GUARANTORS
Chong S. Pullen
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EXHIBIT D
LEASE ADDENDUM
NOTWITHSTANDING anything in this lease to the con tray; Landlord and Tenant hereby
agree to the following terms and conditions prevailing as additions to and/or modifications of this
lease.
ARTICLE n: RENT
2.08 LATE CHARGE: Add, "In the event any payment of rent provided for in tbis 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 ($0.05) cents for each dollar ($l.(lO) 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: CONDucr 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.m. Monday through Friday and 10:30 a.m. 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
and/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 J udgementto be entered against Tenant,
and for that purpose Tenant hereby authorizes and empowers Landlord or its assignee or any
Prothonotary, 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 pursuant 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 authorization
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.I.. 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 alw 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
and/or 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.
Each tenant will be required to identify its store front sign band and under-
canopy with approved signs.
Tenant shall choose a sign c.ontractor from ~ndlord's preapproved lis: of sign . .. .~~",Y7 .
contractors. If Tenant WIShes to use a sIgn contractor not spectfied on.d'7'~.o
Landlord's list, Tenant must submit a qualifications letter for Landlord to c..-A~
review and approve at ill !'~I~ ai-v. _tiSR. 1~",.,I L-'''''''/''f/ "",;11 -<-<01- til./~I "I.-
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Tenant wil( pi~VIde 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
D.
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
cas<<s, 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 sign age 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.
E.
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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 animlition 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.
I. 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
Maximum Height
75% of store frontage
30.
Balance:
Vertical
Capital letters will be spaced so they bave 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 witb 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
tbat 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 \'Iill 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 Julv , 19~, 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
commonly known as ~lechanicsburq Plaza (the
"Shopping Center"), as more particularly set forth. in said Lease
Agreement (which Lease Agreement, together with all exhibits
thereto and the site plan, Tenants Work. Lease Addendum & T.ease GnaranTf'e
thereto are herein together called the "Lease").
8, Landlord and Tenant desire to add the tprms, 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, Controllina Language, Insofar as the specific terms and
provisions or conditions of this Rider purport to amend or modify
0: 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 Piepayn: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 Overlandlord (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
Overlandlord (or any successor owner of the Shopping Center)
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~ave any obli~dtion to perform any oblig~t~on of the ~ancl\orcl
hereunder accruing prior to the date that Overlandlord lor
.such successor owner of the Shopping Center) becomes the
Landlord hereunder, and that any obli9ations of Overlandlord
(or such successor owner of the Shopping Center) hereunder
arising after such date shall be without recourse to
Overlandlord (or such 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:
a Missouri
p rtner
TENANT: Thomas R. Pullen, Chong S. Pullen
~ " ~j~~
c",.. /;'
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By:
Printed Name:
Title:
//LER/EIS-RIDER
6/11/90
-2-
a.J,C'Y
/W:-:~~'I
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& ASSOCIATES
R. J. Waters & Associatll$;lnG.
402 Bayard Road, Sune 200 ..
Kennett Square, PA 19348-1818
Telephone: (6101 #4-6000
Fax: (610) 444-8351
Emsl/: rjwaters@dca.nel
waters
July 14,2000
Thomas R. Pullen
Pro Dry CleaDefs
88 Fetrow Lane
New Cumberland, PA 17070
RE: DEFAULT NOTICE
Pro Dry Cleaners
M""hanicsburg Plaza
Mechanicsburg, P A .
Via: Certified Mail
Dear Tenant:
Please note that as of today your account is past due in the following amount: 53,376,78
(SEE DETAILED STATEMENT ATTACHED)
It is specifically agreed to in the Lease that all regular ~t and Additional Rent Payments are to be made
payable to P.D.S.l. and sent to American Resurgens Management Corporation at 261 Old York Road Suite
617 Jenkintown, PA 19046. The payments are due on or before the 1st ofeach month;
Please make arrangements for payment as soon as possible. If payment bas already been sent, please
arrange for mailing sooner each month so payment is received by the Landlord on or before the 1st of
each month.
This default !l!!!i!; be cured immediately.
The Landlord does not waive any rights it bas or may have to rent and/or other payment during the tenn of
the Lease.
Thank you for your immediate attention to this matter. If yon have questions, please call me.
Charlene Chaffee
Property Man~ger
Attach.
H1pm/809/prodry/OO/default
Real Estate Development,
Managemen~ Leasing, Brokerage
'l
d< M9mb8rof
IIltematlonJJGoullCl1
~ ' at Shopping Csntsrs
I: ...
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2158319795 GA1BJAY PROP MGl'1i
~y ~'l.y~li:'ItIlmt.
21U Old Yon Roa4
5uJ.t:e: '17
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DATI!
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~ic~, PA
D$CRIPTI'ON
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EXHIBIT "C"
TO LEASE AGREEMENT
GUARANTY
In order to induce E-D Center. Inc. dbs M~hanlc.bUro Plnl
(Uland orelll) to enter into that certain lease Agreement dated JulY 21 ,
1~ Ithe "Lease") between Landlord and Th....s R. Pullen & Ch9"" S. Pllllen .
I"Tenant"), and in consideration of the benefits inuring.to the undersigned Ithe
"Guarantor") under said Lea.e, the receipt and sufficiency of which is represented by the GUarlntor to L~ndl~rd to be
sufficient end adequate, the Guarantor hereby unconditionally guarantees the performance of all of Tenant's obl1gatlon~ under
the Leale, Including, without limltltion, the peyment of rent. I IS provi~ed theraln. This GUlranty shall remain In full
force throughout the original lea.e term and any renewals thereof. Th,. GUlranty .hlll be bindins upon Guarantor and
Guarantor'. heir., 1,,"1 representltive., .uccessors and as.igns, and .hall inure to the benefit of Landlord and its
succe..orl and Isslgns. If there Is more than one Guarentor, the liability of elch Guarantor shall be joint aI'ld several.
This Guaranty is a guaranty of payment and performance and not of collec:tion. Guarantor hereby waives nottee of
acceptance of thl. Guaranty agreement aI'ld III other notlcas in connection herewith or in connection with the liabilities,
obligations and dutle. guaranteed hereby, including notices to it of default by Tenant under the Lease, and hereby waives
diligence pre.entment, prote.t and .uit on the part of Landlord in the enforcement of any liability, obligation or duty
guaranteed hereby. GUlrantor further agrees that Llndlord shIll not be first or concurrently required to enforce against
Tenant or any other per.on, Iny I lability, obligation or duty gUlrlnteed hereby before seeking enforcement thereof against
Guarantor. The liability of Guarantor .hlll not be affected by any indulgence, c""l'roml.e, settlement or varlltlon of terms
which may be extended to Tenant by Landlord, or agreed upon by Landlord or Tenent, Ind shall not be affected by any
assig.-nt or sublease by T_nt of Its Interest In the Leese, nor shall the liability of the Guarantor be Iffected by the
Insolvency, bankruptcy (voluntary or Involuntary), or reorglni.ation of Tenent, nor by the voluntary or Involuntary
liquidation, sale, or other di.posltlon 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 obligation. and duties of
Tenent under the Lease a. so modified, extended or amended.
Guarantor further agrees II) to Indemnify Ind hold harmless Landlord from and against eny claims, damages, expenses,
or l...es, including to the extent permitted by law, the relsonsble 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 ack.nowledges that Landlord may assign its rights under the lease to an institutional .investOf' as secudty
for a loan to be made by .uch instltutlonll investor to Llndlord, and as long as any indebtedness of Landlord shIll be
outstanding and such assignment of the Lea.e shall exist, such institutional Investor I.slgnee shall be entitled to bring
any suit, action or proceeding against the undersigned for the enforcement of any provision of this Guaranty, and U shall
not be necessary in any such suit, action or proceedins to make Landlord a party thereto. This Guaranty may not be modified
or amended without the prior written consent of such .sslgnee of Landlord'. Interest in the Lease, and any attenpted
modification or amel'ldment without .uch consent shall be void.
All existing and future advances by Guarantor to Tenant and all existing and future debts of Tenant to any Guarantor
shIll be subordinated to III obligations owed to Landlord under the Lease and this Guaranty. GUlrantor assumes the
responsibll ity to remain informed of the finlncial condition of Tenant aI'ld of all other circumstance. 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, enployees, partners or agents acting 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 I 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 t~e ~e8se are incorporated herein in their entirety by this reference and made a part
thereof. Any reference in those prov1S1on8 to IITenantl1 shall mean each Guarantor and any reference in those provisions to
the "Lease" shall mean this Guaranty~
If any one or more of the provisions of this Guaranty shall be hald to be invalid, illegal or unenforceable in any
respect, .uch invalidity, Illegality or unenforcelbillty shell not affect any other prOVision of this Gusrenty, aI'ld thl.
Guaranty shall be construed as if such 'nvalid, 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 Ilstate':). By
execution hereof! the undersigned. specifically consent to this chofce of law designation and consent that all actions or
proceedings arislng directly, indlrectly or otherwi~e i~ cqnneit~~n with, out of, related to, or from this Guaranty or the
Lea.e shIll ~ lit)gated only in the courts loclted in toe Stet'b end the Undersigned Ii) consent and submit to the In
personam jurls~lctlon of any stete or federal court Jocate4 within the State, Iii) waive any right to transfer or change
the venue ~f l'tigation brought against the undersigned, Ind Ilil) agree to service of process, to the extent permitted by
law, by ma,l.
TO THE EXTENT PERMITTED BY APPLICABLE LAII, AND ACKNOI/LEDGING THAT THE CONSEQUENCES DF SAID IIAIVER ARE FULLY UNDERSTOOf)
THE UNDERSIGNED HEREBY EXPRESSLY IIAIVE THE RIGNT TO TRIAL BY JURY, THE RIGHT TO INTERPOSE ANY DEFENSE BASED UPON ANT STATUTE
OF LIMITATIONS, ANY CLAIM OF LACHES AND ANY SET-OFF OR COUNTERCLAIM OF ANY NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING
INSTITUTED AGAINST THE UNDERSIGNED OR ANY OTHER PERSON LIABLE ON THE LEASE.
IN IIITNESS IIHEREOF, Guarantorls) has/have caused this instrument to be executed thiS.t:t~y Of~, 19~
ATTEST:
By
Its President
Secretary
~
CORPORATE GUARANTOR
/'..,~:._..~",...~."") ,,~'
(,: ..-:K \_/5f",.-(_.-t~_
Thomas R. "Pullen
~ ~"e.~
INDIVI~ AL--GUARANTORS
Chong S. Pullen
~':-?
,....,1'&-#/i.<;1.d-
G:\FORMS\RE\EISENBRG\FORM.LE2\3/90
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FAX NO.
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132195
P.D.S.!., 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, PENNA.
: CIVIL ACTION - LAW
Vs.
: NO. 01-2923 Civil Term
ESTATE OF THOMAS R PULLEN and
CHONG S. PULLEN, d/b/a PRO
DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF CHESTER
Michael G. Louis, Esquire, being duly sworn according to law, deposes and states that he
did serve a Notice under Rule 2958.1 of Judgment and Execution Thereon on the Estate of
Thomas R Pullen and Chong S. Pullen d/b/a Pro Drycleaners by certified mail, return receipt
requested on May 21, 2001. A true and correct of the cover letter and the two Notices are
attached hereto, made a part hereof and marked Exhibit "A". The original return receipt card
signed by Chong S. Pullen is attached hereto, made a part hereof and marked Exhibit "B".
~[1J:;:;t; ~
Michael G. Louis, Esquire
Attorney for Plaintiff
SWORN TO AND S~SCRIBED
before me this 3 (( day
of ~u.l~ ,2001:
~'~A~~",,"~
Notary Public
Notarial Seal
Barbara C. Billela, Notary Public
West Chester Bora, Chester CouA\V
My Commission Expires Aug. 26, 20lI2
,IIemIl8r,f'eIln8YIVaI1Ia~N\'l
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MacELREE
. HARVEY
Michael G. Louis
(610) 436-0100
(610) 430-7885 Fax
e-mail: mlouis@macelree.com
MacElree Harvey, Ltd.
AttomeysatLaw
17 West Miner Street
Post Office Box 660
West Chester, PA
19381-0660
May 17, 2001
Certified Mail. Return Receipt Reouested
Estate of Thomas R. Pullen and
Chong S. Pullen d/b/a Pro Drycleaners
88 Fetrow Lane
New Cumberland, P A 17070
Re: P.D.S.!., Inc. vs. Estate of Thomas R. Pullen and Chong S. Pullen d/b/a
Pro Drycleaners
No. 01-2923 Civil Term
Dear Ms. Pullen:
Enclosed herein are two Notices Under Rule 2958.1 of Judgment and Execution Thereon
addressed to the Estate of Thomas R. Pullen and yourself.
Yours truly,
.~
Michael G. Louis
MGL:drns
Encls.
cc. Ms. Charlene Chaffee (w/encl.)
128328
14ft
,
128327
P.D.S.l., INe.
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, PENNA.
: CIVIL ACTION - LAW
Vs.
: NO. 01-2923 Civil Term
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, d/b/a PRO
DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Estate of Thomas R. Pullen
c/o Chong S. Pullen d/b/a Pro Drycleaners
88 Fetrow Lane
New Cumberland, PA 17070
A judgment in the amount of$7,598.55 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 TIllRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED
ON YOU OR YOU MAY LOSE YOUR RIGHTS
YOU SHOULD TAKE THIS PAPERTO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTI!
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERENCE AND INFORMATION SERVICE
Cumberland County Bar Association
Carlisle, PA 17013
(717) 249-3166
MacELREl.: HARVEY, LTDk
By:~i~ ~.
Michae G. LOUIS, Esquire
Attorney I.D. No. 32202
17 W. Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
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,
128327
P.D.S.I., INC.
c/o R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, P A 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
: CML ACTION - LAW
Vs.
: NO. 01-2923 Civil Term
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, d/b/a PRO
DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Chong S. Pullen d/b/a Pro Drycleaners
88 Fetrow Lane
New Cumberland, PA 17070
A judgment in the amount of $7,598.55 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 TIllS NOTICE IS SERVED
ON YOU OR YOU MAY LOSE YOUR RIGHTS
YOU SHOULD TAKE TIllS 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.
LAWYER REFERENCE AND INFORMATION SERVICE
Cumberland County Bar Association
Carlisle, PA 17013
(717) 249-3166
Mac;t7~ ~V]?, LTDJ '
By:~Jj~
Miclillel G. Louis, Esquire
Attorney I.D. No. 32202
17 W. Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
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..',~ S:ENDER:. [ also wis.h to fEic:elve the
''35' ", Complete items 1 and/or 2. for SddJtional setvlces,
.Q, .. Complete items 3, and 48 & b." . iollowlng servic'Gs Jfor an extra ~
-f:, .. Print yoUr name and address on the reverse ofthis.fotm so that we can 'fee): 0:; _
C) return this card to you. ...
~ ... Attach this form to the front of the mailpiac-o, or on the back. if space 1. 0 Addressee's Address ~
... cJOl:!S not permit. , ....
. ~.. .. Write "'RetumRecelpt Requested" oil the mailpie.cebelow the article number,' 2. 0 Restrlcted'Delivery c.
I i ~elT:~~:;.turn Receipt' will show to whom the article was delivered and the date Consult postmaster 10r fee, ~
"C 3. Article Addressed to: 4a, Article Number a:
$ 7099 3400 0012 8231 1303 ~
. ~ Estate. of Thomas R. Pullen and 1;;
" h / I 40, Service Type
o C ong S. .Pullen d b a Pro '0 Registered 0 Jnsure9 a:
i 0 Drycleaner's '18 Certified [] COD ~
. "'I 88 T 'm
ffi Fe.tr.ow ~;::I:np.: 0 Express Mail 0 Return Receipt for :::l
a: New Cumberland, PA 17070 I Merchanciise 6
,. ~ 7. Date og::1..i r-ol i
~, :.~:::~eel . ~.. 18.:~t~~S~:'~a~~dress (Only if requested l
!g~H 6 l-'-<$t $. P J.,.\J 17=.-{':Zl;, .
~ I'S Form 3811, December 1991 "U$.GP,\"m,-3S"7" DOMESTIC RETURN RECEIPT
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P.D.S.I., INC.
c/o R.I. Waters & Associates, Inc.
402 Bayard Road, Suite 200
Kennett Square, P A 19348
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION - LAW
Vs.
: NO. 01-2923 Civil Term
ESTATE OF THOMAS R. PULLEN and
CHONG S. PULLEN, d/b/a PRO
DRYCLEANERS
88 Fetrow Lane
New Cumberland, P A 17070
Defendants
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:
Glenn R. Davis, Esquire First Class Mail
LATSHA DAVIS & YOHE, P.C.
P.O. Box 825
Harrisburg, P A 171 08-0825
Date of Service:
July :J ,2001
Name: Means of Service:
MacELREE HARVEY, LTD.
By: ~)J. ~~
Michael G. Louis, Esquire
Attorney for Plaintiff
Attorney I.D. No. 32202
17 West Miner Street
P.O. Box 660
West Chester, PA 19381-0660
(610) 436-0100
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