Loading...
HomeMy WebLinkAbout07-1513 " I -'" FAIRVIEW STORAGE ASSOCIATES, L.L.C., Plaintiff, : IN THE COURT OP COMMON PLEAS OP : CUMBERLAND COUNTY, PENNSYLVANIA, vs. : CIVll.. ACTION - LAW : NO. 07- 15"/3 Civil Term 8. CHRISTOPHER IY. CONA, tJdlb/a ALL ABOUT SHREDDING Defendant CONFESSION OF .JUDGMENT PURSUANT TO Pa.R.C.P. 2955 Pursuant to the authority contained in paragraph 17 .B( 4) of the lease between Plaintiff and Defendant, a copy of which is attached hereto, I, Robert G. Prey, appear for the Defendant herein and confess judgment in favor of the Plaintiff and against the Defendant as follows: Amount due Attorney's fee Total $8,955.26 895.00 $9.850.26 I further appear for the Defendants herein and confess judgment in favor of the Plaintiff and against the Defendant for costs. Respectfully submitted, Prey & Tiley, Attorneys for Plaintiff ~.-L1. By: Robert G. Prey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 , ~ FAIRVIEW STORAGE ASSOCIATES, L.L.C" Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA, vs. : CIVIL ACTION - LAW : NO. 07- 10/3 Civil Term CHRISTOPHER B, CONA, tJdlb/a ALL ABOUT SHREDDING Defendant COMPLAINT TO CONFIRM CONFESSED .JUDGMENT AND NOW, comes Fairview Storage, L.L.C., Plaintiff, by and through Frey & Tiley Attorneys at Law and respectfully states as follows: 1. Plaintiff is Fairview Storage Associates, L.L.c., a Pennsylvania Limited Liability Company, having its office at 1545 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Christopher B. Cona, trading and doing business as All About Shredding whose residence and address is 4902 Carlisle Pike, Mechanicsburg" Cumberland County, Pennsylvania. 3. Defendant entered into an agreement with Plaintiff for the leasing from Plaintiff of a portion of the real estate owned by Plaintiff at 1412 Trindle Road, Carlisle, Cumberland County, Pennsylvania evidenced by an Agreement of Lease, a true and correct copy of which is attached to the Confession of Judgment as Exhibit "A," which Confession and Exhibit "A" are filed contemporaneously herewith and incorporated herein. By the terms of the Agreement of Lease, Plaintiff agreed to pay to Defendant the sum of $1,802.00 per month for the leasing of the preITI1ses. 4. Pursuant to the terms of said Agreement of Lease, Plaintiff granted possession of the leased premises to Defendant, who did occupy the premises and began making monthly payments pursuant to the terms of the Agreement of Lease. 5. Plaintiff has performed everything required of it pursuant to the terms of the Agreement of Lease. 6. Defendant is in default under the terms of the Lease Agreement because of Defendant's failure to make monthly payments of rent when due. The total amount owed by Defendant to Plaintiff is $8,955.26. 7. Pursuant to paragraph 17(B)(4) ofthe Agreement of Lease, Defendant did irrevocably -. appoint any attorney of any court to confess judgment against Defendant for the amount owed plus costs and reasonable attorney's fees. 8. Pursuant to paragraph 17(B)(4) of the Agreement of Lease, Plaintiff filed a confession of judgment in the amount of $9,850.26 for rent owed plus reasonable attorney's fees. 9. Pursuant to paragraph 17(B)(4) of the Agreement of Lease Plaintiff filed with the Confession of Judgment a copy of the lease and an affidavit by an officer of Plaintiff verifying the authenticity of the copy. WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant in the amount of $8,850.26 as set forth above, together with all other amounts incurred by Plaintiff. Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff By: /'--< Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn falsification to authorities. Dated: March 20, 2007 BY: FAIRVIEW STORAGE ASSOCIATES, L.L.C" Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CHRISTOPHER B. CONA, d/b/a ALL ABOUT SHREDDING Defendant : NO. 07- Civil Term AFFIDA VIT I, Jeffrey L Scott, being an officer and member of Fairview Storage, LLC., do hereby verify that the attached copy of Agreement of Lease dated September 1, 2004 is a true, correct, and complete copy of the original lease signed by the parties. Dated: March 2, 2007 FAIRVIEW STORAGE ASSOCIATES, L.L.C. By~dI~ . Scott Sworn to and subscribed before me this 2nd dayof March, 2007 ~sr~ _ NOTARIAL SEAL ROBERT G FREY NOTARY PUBLIC Borough of CarlIsle Cumberland County PA My CommissIon Expires June 4 2010 Jan 1~ 07 12:33p Cent,..al State 7172431330 p.2 AGREEMENT .QE LEAS~ THIS AGREEMENT, made the ~ay of ;;-..,,~. ~ .2004, by and between FAIRVIEW STORAGE ASSOCIATES, L.L.C., a Pennsylvania limited liability company. of Cumberland County, Pennsylvania, hereinafter called Landlord, AND Christo!!her B. Cona dha All Abont ShreddJa. hereinafter (whether singular or plural) called Tenant, WITNESSETH. Landlord does hereby demise and let unto the Tenant all that certain warehouse. space cOnsisting of 4000 square feet of office/warehouse space located at 1412 Trindle Road, BDildtag 3, Carlisle, Sonth MIddleton TO_shIp, Cllmberlfmd C01Ulty, Pennsylvania, which space is located on premises owned by Landlord in South Middleton Township, Cumberland County, Pennsylvania. NOW, THEREFORE, in consideration of the Premises, mutual terms, covenants and conditions herein contained, and the rent reserved to be paid by T =t to Laruuord, the parties hereto, in1ending to be legally bound. do hereby agree and COVenant as follows: I. l'RllMI8E&. Landlord leases to Tenant llIld T_ leases 1iom Laruuord 4000 sqUare feet of the Premises located at 1412 liindIe RDad, Building 3, Suite 101 &; 102, CarlisJe, South Middleton Township, Cumberland County, Pennsylvania (the "Premises"). 2. TERl\1. The term oftbis Lease shall commence on September 1st, 2004 and temllnate on December 31", 2005 fur the ammaI reataI in IawfuJ money of the United States of America, payable in monthly installments, as provided for in Paragraph 5 below. In the event that the Tenant Bb.a.ll remain in the demised premises after the expiration of the term of this lease without having llXecuted a new written lease with the Landlord, llOCh holding over shall not constitute a n:nowaJ or extension of lhiB lease. The Land10rd may, at its option, elect to treat the Tenant as one who has not removed at the end of his tena, llIld therenpon be entitled to all remedies agai:ost the Tenant provided by law in that situation, or the Landlord may elect, at its option. to construe such holding over as a tenancy :froni month-to- month, subject to all the terms and conditions of this lease, excepting duration thereof. and in that event the Tenant shalI pay monthly rent in advance at the rate provided herem for the first month of said holdover. After the initial month's holdover, the monthly rental amount shaH .be Two Hundred Percent (200%) of the rental amount provided for during the last month of the initial term of lhiB Lease. During any holdover period, Tenant shaU comply with all the provisions and Covenants contained in thisleasc, including any and all notice provisions. 3. POSSESSION AND USE. Possession of the Premises shall be delivOIed to T....,t on September I", 2004 (the .Possession Date"). upon condition that Tenant pay the fimt month's rent and one' month's security deposit. The Premises are to be used for the purpose of OfficeIW arehouse space ~age 1 of 11 Jan 1S 07 12:34p Central State 7172431330 p.3 All other USes are a violation of this Lease unless Tenant secures Landlord's written _~ which consent may be denied. 4. RENTAt. A. The annual rental amount of Twenty Thousand Four Hundred Dollars (520,400.00) payable in monthly installments due on or before the first day of each month of the term oftbis lease in the amount of One Thousand Seven Hundred DoDars ($1,700.00) per month. The annual rental amount shall abate pro rata in the event the lease term shall be less than a full year. Tenant shall pay Landlord as rent during the term of this Lease the following: 1. September 1 st, 2004 through December 31 st, 2005 (a Period of sixteen months) the sum of One Thousand Seven Hundred Dollars ($1,700_00) per month. ii Commencing with the first day of the first calendar month of the Lease Year 2006 and each Lease Year thereafter during the initial term or extended term hereof, the base rent in effect for the preceding Lease Year shall be increased by 6 percent. ii Notwithstanding anything else contained herein, Tenant shall have the right, on or before ninety days prior to the commencement of the 2006 Lease Year to ter.minate the balance oftbe lease tenn. iii. For each additional year after the year 2006, the Tenant lJ1ay exercise an annual option to extend the lease by twelve months. This OptioD terminates at the end of calendar year 2009, and cannot be extended into the year 2010. B. All rent shall be payable in advance, punctually and without demand, deduction or seto:tr, payable on the first day of each month during the tenn of this Lease at such place as Landlord may, from time to time, designate in writing. In the OVeol tbst T0Ila0I1iIila 10 pay rent or other sum of money on or before the sixth (6 Ih) day of each and ~ery month, then, and in that event, Tenant shall be assessed a five percent (5%) penalty. 5. "AS IS" "WRlr.RE IS" CONDITION. Tenant acknowledges and agrees that Tenant is fuJJy 1ilmiliar with and has fully inspected the Premises, and has fuJJy apprized itself; (01 waived his rights to do so) concerning the physical condition thereof, the. availability or unavailability of access to the Premises) the availability or unaVailability of public water and sewer or other utility services to the Premises. and that the Premises is being Leased in its "as is)' "where is" condition wilbOn! any -on by or on bebalf of Landlord conceming tlte Premises. Tenant agrees that th~ Premises Page 2 of 11 .Jan 19 07 12:34p Cent,..al State 7172431330 p.4 complies in all respects with all requirements of this Lease and acknowledges that Landlord makes no representation or warranty with respect to the condition of the Premises or its fitness or availability for any particular use. 6. UTILITIES. Landlord shall furnish all water and sewer utilities to the demised premises. However, Tenant shall pay all charges therefor. Tenant shall furnish all other utilities to the demised premises, and shall pay all utility charges therefor. Tenant agrees with the Landlord that this is intended to be a net, net, net Lease with Tenant to pay all utilities, (except as otherwise provided herein), insurance, interior and exterior repairs, janitorial services, trash removal, alterations, structural repairs, and maintenance arising out of the operation of the business located on the Premises. 7. MAlNTENANCX. A. Exterior. Tenant, at its cost, shall pay all charges and expenses for improving. repairing, cleaning, altering, and maintaining the exterior of the Premises, inclUding the roof and including the parldng areas (limited to patching and resealing), in a good, neat, attractive, and Serviceable condition, and further shall cause snow to be removed promptly from all walkwa~ and parking areas. Tenant agrees to keep the front of the leased premises clean and free of obstructions. snow and ice. The Tenant agrees to replace at the Tenant's expense any and all glass which may become broken in and on the demised premises. B. Interior. Tenant, at its cost, shall perform routine cleaning and maintenance of the interior of the struCture on the Premises to inclUde janitorial, rug Cleaning and maintenance 'of all mechanical elements, including heating, air conditioning.. lighting, and plumbing, including. if necessary. the replacement of the heating and air conditioning units. Tenant shall retum the Premises to Landlord at the expiration of the term hereof in the same condition as at the commencement of the Lease teon, ordinary wear and tear excepted. 8. STRUCTURAT. ALTERATIO~S. Tenant shall not make any structural alterations to the Premises without Landlord's prior written consent, which consent may be reasonably withheld or delayed. In any event, before such alterations are made, Tenant shall cause a Stipulation Against Liens to be' recorded at the appropriate office at the Cumberland County Courthouse. Tenant will not permit any mechanics' claim or lien to be placed upon the Premises or any buildip.g or improvement constituting a part thereof during the term, and in case of the filing of any such claim or lien, Tenant will promptly discharge same or procure a lien release bond by a good and sufficient surety corporation in an amount equal to one-half "12) times the amount of the claim or lien. If default in discharge thereof or procuring of a bond shall continue for thirty (30) days after written notice from Landlord to the Tenant, the Landlord shall have the right and privilege at Landlord's option ofPaying the same or any portion thereof without inquiry as to the validity thereo~ and any amounts so paid. including expenses and interest shall be deemed additional rental due and payable by Tenant to Landlord. In the event that any mechanic's lien is filed against the premises, as a result of alterations, additions or improvements made by Tenant, the Landlord, at its option, after thirty (30) written days notice to Tenant. may terminate this lease and may pay the said lien, without Page 3 of 11 Jan 19 07 12:35p Cent,..al State 7172431330 p.5 inquiring into the validity thereof, and the Tenant shall forthwith reimburse the Landlord the total expense incurred by the Landlord in discharging the said lien, as adc,titional rent hereunder. 9. NONSTRUCTUR.A& ALTERATIONS AND EIXTURE~. Tenant, at its cost, may make reasonable nonstructural alterations to the interior of the Premises and may attach or build into the Premises such equipmen~ machinery and fixtures therein as Tenant requires in order to conduct its business on the Premises. Such machinery and fixtures which are attached or built into the Premises &ball become the property of Landlord upon expiration or termination of this Lease. All alterations and improvements, whether temporary or permanent in character, which may be made upon the premises by either the Landlord or the Tenant, except fumitw'e or movable trade fixtures installed at the expense of the Tenant, shall be the property of the Landlord and &ball remain upon and be surrendered with the premises as a part thereof at the termination of this Lease, without compensation to the Tenant The Tenant further agrees to keep said premises and all parts thereof in clean and sanitary condition and free from trash, inflammable material and other objectionable matter. 10. INDEMNITy Ar:m EXCULPATIO!'i-INSURANC!(. A. ExcuIDation of Landlord. Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause, including any defective condition of any part of the Premises, whether 01' not caused by Landlord's negligence, except for such conditions that existed prior to the date of this Lease. Tenant waives all claims against Landloni for damage to person or property arising for any reason. from the date of the Lease, except that Landlord shall be liable to Tenant for damage to Tenant resulting from the grossly negligent acts or omissions of Landlord or its authorized repreSentatives. B. .In,demni!y, Tenant shall hold Landlord hatmless from all damage arising out of any damage to any person or property occuning in, on, or about the Premises, except that Landlord shall be liable to Tenant for damage resulting from the acts or omissions of Landlord or its authorized ~tatives or for such damages that arise from claims that existed prior to the date of the Lease. Landlord shall hold Tenant harmless from all damages arising out of any such damage. A pNty's obligation under this Paragraph to indemnify and hold the other party hannless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the party being indemnified. C. Public Liability and ProDel1I Da~ge Insurance. Tenant, at its cost, shall obtain combined bodily ~ury and .property damage liability insurance with a liability limit of not less than One Million Dollars ($1,000,000.00) per occurrence, insuring against all liability of Tenant and its authorized representatives arising out of and in conne~tion with Tenant.s use or occupancy of the Premises. All public liability insurance and property damage insurance shall insure performance by Tenant of the indemnity provisions of Subparagraph (B) above. Both parties shall be named as co-insurers, and the policy shall contain a cross Page 4 ofll 'Jan 19 O? 12:36p Central State 7172431330 p.6 liability endorsement. A copy of the current insurance policy and declarations page for same shall be provided by Tenant to Landlord. D. Tenant's mn Insurance. Tenant, at its cost, shall maintain on all of Landlord's and Tenant.s personal property, Tenant's and LandlonPs improvements, and alterations, in, on, or about the Premises, a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, to the extent of at least one hundred percent (IOOOIo) of their value, with a minimum limit of Fifty Thousand Dollars ($50,000.00). The proceeds from any such policy shall be used by Tenant for the replacement of personal prqperty of the restoration of Tenant's and Landlord.s improvements or alterations. A copy of the current insurance policy and declarations page for same shall be provided by Tenant to Landlord. B. Fire Insurance on BuDdin!! and Other ImDroveme:qts. Tenant, at its expense, shall maintain on the building and other improvements that are a part of the Premises a policy of standard fire and extended coverage insurance to the extent of at least .full replacement value with a minimum limit of Four Hundred Thousand Dollars ($400,000.00). The insurance policies hail be issued in the names of Landlord and Tenant as their interests appear, and shall contain a standard mortgagee endorsement in favor of Financial Trust Company, its successors and/or assigns, or such other mortgagee of Landlord. A copy of the .current insurance policy and declarations page for same shall be provided by Tenant to Landlord. F. Proof 91 Insurance. Proof of all insurances as required hereunder shall be delivered by Tenant to Landlord and Landlord's mortgagee as requested by either from time to time. 11. DESTRUCTION AND RESTORATION. It: during the term of this Lease, the structure is so damaged by fire or other casualty that the Premises are rendered wholly unfit for OCcupancy, then, at Tenant.s option, the term of this Lease, upon written notice from Tenant given within sixty (60) days after the occurrence of such damage. shall terminate as of the date of the occurrence of such damage. In such case, Tenant shall pay the rent apportioned to the time of such termination and Landlord may enter upon .and repossess the demised Premises without further notice to Tenant. If Tenant does not elect to tenninate the term of this Lease, Landlord will repair the Structure and payment of rent shall abate until the Premises are ready to be occupied by Tenant for the conduct of his business. The Lease shall then be extended for a period of time equal to the time the Premises were unoccupied by Tenant. If the Premises shall be only slightly damaged so that such damage or the damage to the structure does not render the Premises unfit for occupancy, Landlord shall repair whatever portion, if any, of the Premises that may have been damaged and Tenant will continue in possession and rent will not be apportioned or suspended. 12. ASSIGNMENT AND SUBLETI1NG. Unless Tenant remains liable for rent payments, Tenant may not sublet, assign, encumber, or otherwise transfer this Lease, or any right or interest in this Lease or in the Premises the improvements on the Premises, without the prior written consent Pages 5 of 11 Jan 19 07 12:37p Centr-al State 7172431330 p.7 of Landlord, which consent may be denied. If Tenant sublets, assigns, encumbers, or otherwise transfers its rights or interest in this Lease or in the Premises or the improvements on the Premises without the written consent of Landlord, Landlord may, at its option, declare this Lease tenninated. Landlord's consents under this Paragraph will not be arbitrarily or unreasonably withheld. 13. QUIET ENJOYMENT. Landlord covenants to allow Tenant quietly and peaceably to enjoy possession of the Premises free from interference or interruption of Landlord or any other person claiming under or through Landlord, and Landlord represents to Tenant that it has- a sufficient ownership interest in the Premises to enter into and carry out the provisions of this Lease. However, the Landlord specifiCally reserves the right to enter upon the demised premises and every part thereof at reasonable times for the purpose of making necessary inspection, repairs, or to show the same to prospective purchasers or tenants. 14. NON-UABILITY OF LANDLORD. Landlord shall not be liable for any damage occasioned by failure of the Premises to be in repair, nor for any damage done or occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewerage, or the bursting. leaking or running of any tank, washstand, water closet or waste pipe in, above, upon or about the Premises or improvements constituting a part thereof, nor for any damage Occasioned by - water, snow or ice being upon or coming through the roof. skylights, trap door or otherwise. 15. BANKRUPTCY.QB INSOLVENCY. If any transfer of Tenant's interest in the Premises created by this Lease shall be made under execution or similar legal prOcess, or if a petition is filed by or against Tenant to adjudicate Tenant a bankruptcy or insolvent lDlder any Federal or State law, or if a receiver or trustee shall ~ appointed for Tenant's business or propertY and such appointment is not vacated with thirty (30) days, or if a petition or answer is filed by or against Tenant under any provision of Federal or State law seeking a reorganization of Tenant or an arrangement with its creditor, or if Tenant makes an assignment or deed of trust for the benefit of its creditors, or if in any other manner Tenant's interest under this Lease shall pass to another by operation of law, then, in any of said events, Tenant shall be deemed to have committed a material breach of this Lease and an event of defaul~ and Landlord may, at its option, exercise its remedies under this Lease after having provided Tenant with written notice giving Tenant thirty (30) days to cure any breach hereunder and Tenant has failed to cure said breach within said time period. Notices given under this Paragraph shall be in writing and sent by certified mail, return receipt requested, postage prepaid, and shall specify the alleged default, and shall demand that Tenant perform the provisions of this Lease. 16. NOTICES. All notices or other com.munibations, pursuant thereto, to any party shall be in writing and shall be deemed given when delivered pemonally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the p~es at the addresses set out below, or at such other address as provided for by a notice complying with this Paragraph. TO LANDLORD: Fairview Storage Associates, u.c., 19 Braokwood Avenue, Suite 101, Carlisle, Pennsylvania 17013-9142 With Copy to: Michael 1. Hanft, Esquire, 19 Brookwood Avenue, Suite 106, Carlisle, PA 17013-9142 Page 6 of 11 ~an L9 07 12:38p Cent,...l State 7172431330 p.8 TO TENANT: 17. DEFAULT. A. Tenant's Default. The occurrence of any of the fOllowing shall constitute an event of default by Tenant: (1) Failure to pay rent or other sum of money (including deposits) when due, or to have effective insurance coverage per the terms of this Lease, if the failure continues for five (5) days after written notice has been given to cure the default. (2) Failure to perform any other provision of this Lease if the failure to perform is not cured within fifteen (15) days after notice has been given to Tenant to cure the default. If the default cannot reasonably be cured within fifteen (I5) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the fifteen (15) dayperiod and diligently and in good faith continues to cure the default; provided, however, that Landlord's interest in the Premises is not prejudiced in the interim. Notices given under this Paragraph shall be in writing and sent by certified mail, return receipt requested, postage prepaid, and shall speci-' the alleged default, and shall demand that Tenant ]leIfurm the provisions oilhis Lease or psy the rent 1l1at is in arrears, .. the case maybe, within the applicable period of time. No such notice shaH be deemed a forfeiture or a termination of this Lease unless Landlord so elects in the notice. B. Landlord's Remedies. Landlord shall have the following remedies if Tenant conunits an event of default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law or equity. (1) Tenant's Right to Possession Not Terminated . Landlord can continue this Lease in fuI1 force and effect, and the Lease will continue in effect as long as Landlord does not terminate Tenant's right ~o possession, and Landlord shall have the right to collect rent when due. No act by Landlord allowed by this Paragraph shall terminate this Lease unless Landlord notifies Tenant that Landlord elects to . terminate this Lease. (2) Termination of Tenant's Right to Possession .Landlord can terminate all of Tenant's rights hereunder, including Tenant's right to possession of the Premises at any time. Tenant shall quit and surrender the Premises to Landlord on the date Landlord terminates this Lease. No act or omission by Landlord other than giving notice to Tenant shall terminate this Lease. On termination, Landlord has the right to recover from Tenant immediately the total unpaid rental and any other amounts Page 7 of 11 .Jan 19 07 12:39p Central State 7172431330 and court costs and reasonable attorney's fees necessaty to compensate Landlord for all damages arising out of or relating to Tenant's default. . (3) Landlord's Right to Cure Tenant's Default.Landlord, anytime after Tenant commits a default, can cure the default at Tenant's cost. If Landlord, at anytime. by reason of Tenant's default, payS any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and ifpaid at a later date, shall bear interest at the rate of ten per cent (10%) per annum from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. (4) CONFESSION OF JUDGMENT FOR MONEY .THIS IS A COMMERCIAL LEASE AND TENANT DOES HEREBY IRREVOCABLY CONSTITUTE ANY ATTORNEY OF ANY COURT OF RECORD IN ANY STATE OF THE UNITED STATES, ATTORNEY FOR IT AND IN ITS NAME, TO APPEAR FOR AND CONFEsS JUDGMENT AND IN ITS NAME, TO APPEAR FOR AND CONFESS JUDGMENT AGAINST TENANT IN FAVOR OF LANDLORD WITHOUT PRIOR NOTICE TO TENANT OR PRIOR OPPORTUNITY TO BE HEARD, FOR THE AMOUNT OF RENT AND ANY OTHER SUMS MAY BE IN DEFAULT BY VIRTUE OF THE TERMS HEREOF, WIDen MAY BE MEASURED FROM THE TIME OF DEFAULT WITH OR WlTHOUT DECLARATION, TOGETHER WITH THE COSTS OF SUCH PROCEEDINGS AND RELEASE OF ERRORS, WITHOUT STAY OFEXECUTION AND A REJ\SONABLE SUM FOR PLAINTIFF'S ATTORNEY'S FEES, AND FOR SAID PURPOSES TO FILE IN SAID CAUSE ITS COGNOVIT THEREOF, AND TO MAKE AN AGREEMENT IN SAID COGNOVIT, OR ELSEWHERE, W AIVlNG AND RELEASING ALL ERRORS WHICH MAY INTERVENE IN ANY SUCH PROCEEDING, AND WAIVING AND RELEASING ALL RIGHT OF APPEAL AND ALSO WAIVING THE RIGHT OF INQUISITION ON ANY REAL ESTATE LEVIED ON, AND TENANT VOLUNTARILY CONDEMNS THE SAME, AND CONSENTS TO AN IMMEDIATE EXECUTION UPON ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREAFTER ENACfED. IF' A COPY OF THIS LEASE, VERIFIED BY AJi1i'IDA VlT OF LANDLORD OR SOMEONE ON BEHALF OF THE LANDLORD SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL LEASE AS A WARRANT OF ATTORNEY. IF THERE ARE GUARANTORS OF THIS LEASE, THIS WARRANT OF ATTORNEY IS GIVEN JOINTLy AND SEVERALLY, AND SHALL AUTHORIZE THE ENTRy OF APPEARANCE OF, WAIVER OF ISSUANCE OF PROCESS AND TRIAL BY JURy BY AND CONFESSION OF JUDGMENT AGAINST, ANY ONE OR MORE OF SUCH GUARANTORS, AND SHALL AUTHORIZE THE PERFORMANCE OF EVERY OTHER ACT Page 8 of 11 p.9 ~an L9 07 12:40p Centr-al State 7172-431330 p.IO . IN THE NAME OF AND ON BEHALF OF ANY ONE OR MORE OF SUCH GUARANTORS, AND THE GUARANTORS HEREBY CONFIRM ALL THAT SAID ATTORNEYMAYLAWFULl,y DO BYVIRTIJE BEREOF. THE POWER CONFERRED BY TIDS PARAGRAPH IS A CONTINuING POWER, AND MAY BE EXERCISED AS FREQUENTLY AS OCCASION MAY REQUIRE, (5) CONFESSION OF JUDGMENT FOR POSSESSION.THIS IS A COMMERCIAL LEAsE AND TENANT HEREBy IRREVOCABLY. CONSTITUTEs AN:Y ATTORNEy OF ANY COURT OF RECORD IN ANY STATE OF THE UNITED STATES, AS A'ITORNEY FOR IT AND IN ITS NAME, FROM TIME TO TIME, TO ENTER A CONFESSION OF JUDGMENT IN EJECTMENT AGAINST TENANT, USING THIs LEASE ORA COpy THEnOF AS AUTHORITY AND CAUSING A WRIT OF POSSESSION TO BE ISSUED, TOGETHER WITH A WRIT OF EXECUTION FOR AMOUNTS DUE AS AFORESAID, TOGETBER WITH COSTS, ATTORNEY'S FEES OF FIFTEEN PERCENT (15%) AND OTHER EXPENSES OF CONFESSION. THE POWER CONFERRED BY THIS PARAGRAPH ISA CONTINuING POWER, AND MAy BE EXERCISED AS FREQUENTLY AS OCCASION MAY REQl1IRE. u The forego~g rights and remedies are not intended to be exclusive but as additional to an rights and remedies the Landlord would otherwise have by law. 18. SIG~~. Tenant, at its cost, maypIace, construct and maintain on the existing sign pylon a sign Ildvertising its business at the Premises, at such location as Tenant may desire provided same is not in violation of any local ordinance or state or federa11aw. AdditiOnally, the Landlord expressly reserves the right to display "for renf' signs. on the Premises. 19. SUBORDINATIOlY. If a lender to Landlord req~ that this Lease be subordinate to any encumbrance recorded after the date of this Lease affecting the Premises. this Lease shall be subordinate to that encumbrance. if Landlord first obtains from the lender a written agreement that provides substantially the following: "As long as Tenant performs its obligations under this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale 1D1der the encumbrance. and no steps or procedures taken under the encumbrance, shall affect Tenant's rights under this Lease:' Tenant shall attom to any purchaser at any foreclosure sale or to any grantee or transferee designated in any deed given in lieu of foreclosure. Tenant shall execute the written agreement and any other documents required by the lender to accomplish the PUlpOses of this Paragmph, and Upon failure to do 80, hereby irrevocably constitutes Landlord its attorney-in.fact to execute said documents in its name. Page 9 oil 1 "Jan 1.9 07 12: 040p Cent!"'al State 71720431330 p.ll This lease is subject and is hereby subordinated to all present and future mortgages, deeds of trust and other encumbrances affecting the demised premises or the property of which said premises is a part. The Tenant agrees to execute. at no expense to the Landlord. any instrument which may be deemed necessary or desirable by the Landlord to further effect the subordination oftbis lease to any such mortgage, deed of trust or encumbrance. 20. W AJ'VEB. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. 21. ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of a lesser amount than any payment of rent or other sum herein stipulated shall be deemed to be other than on account of the earliest stipulated rent or other sum then due and payable, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease, at law or in equity. 22. SIlRRENDER OF PREMTSE&. Upon the expiration of this or any extension thereof or earlier termination of this Lease for any reason, all fixtures, equipment, improvements and appurtenances attached to or built into the Premises in such a manner as to become part of the freehold, whether or not by or at the expenses of Tenant, shall become and remain a part of and be sunendered with the Premises, except that Landlord may elect to require Tenant, at Tenant's expense, to remove'any or all of such fixtures, equipment, improvements and appurtenances, and Tenant shall restore :the Premises to as good condition as existed on the commencement date. Any finniture, furnishings and other articles of movable personal property owned byTenant and located in the Premises, shall be and shall remain the property of Ten ant and may be removed by it any time during the term of this Lease 80 long as Tenant is not in default of any of its obligations under this Lease, and the same have not become a part of the freehold; provided. that if any of Tenant's property is removed, Tenant shall repair or pay the cost of repairing any . damage to the Premises resulting from such removal. If Tenant fails to surrender the Premises to Landlord upon the expiration or tennination of the term of as required by this Paragraph Tenant shall hold Landlord harmless from all damages resulting :from Tenant's failure to surrender the Premises, including, without limitation, claims made by a succeeding Tenant. Upon Tenant's surrender of the Premises to Landlord, the Premises shall be SU1l'endered in as good a condition as at the commencem.ent of the term of this Lease, reasonable wear and tear excepted. 23. . TIME IS OF TR1r. ESSENCE. Time is of the essence of each provision oftbis Lease. 24. GOVERNING LAW::. The construction of this Lease and the rights and remedies of the parties hereto, shall be governed by the laws of the CommonWealth ofPennsyIvania. Page 10 of 11 ~an 19 07 12:~lp .. Central State 7172431330 p.12 25. AMENDMENTS. ADDmONS Am! CHANGES. No modification, amendment, change or addition to this Lease shall be binding on the parties unless reduced to writing and signed by their authorized representatives. 26. ENTIRE AGREEMENT. This Lease contains the entire understanding between the parties and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Lease which are not fully expressed herein. However, no rights are to be conferred upon the Tenant until this Lease has been signed by the Landlord, and an executed copy of the Lease has been delivered to the Tenant. 27. SEVERABILITY. If any term or provision or portion thereof of this Lease, or application thereof to any person or circumstance be held invalid, the remainder of said term or provisions and/or of this Lease shall not be affected thereby; and, to this end, the parties hereto agree that the terms and provisions of this Lease are severable. 28. LEGALLY BINDJNG. All of the tenns, covenants and conditions of this lease shall inure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the parties hereto. 29. ARBITRATION. Any dispute arising under this Lease shall be settled by binding arbitration. The Landlord and Tenant shall each choose an arbitrator, and the two arbitrators thus chosen shall select a third arbitrator. The findings and award of the three arbitrators thus chosen shall be by majority vote and their decision final and binding on the parties. If either party to this Lease shall be in default under the terms of this Lease, that party shall pay all arbitration costs and expenses, including. but not limited to. all arbitrator's fees and reasonable attorney's fees incurred by the other party, for arbitration costs or otherwise. All such amounts due under this Subparagraph shall be paid within five (5) days of the rendition of a bin or statement therefor. IN WITNESS WHEREOF, the parties hereto. with the intent to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. C;;~t!,~ FAIRVIBW STORAGE ASSOCIATES, L.~ ~A6~~~ LORD ATTEST: C9-~ Page 11 of 11 (") po..,> c = ~ = ~ ~ "'"* -J , ~ ""1~ ::E ~ ';J ~rtj > " 1:;;;:V :;:0 m~ V\ ti5 5~~ N ~ .,/ --;. 0 ::80 \J r:f.:'''; DC) =<: ..f ~ 'b )> :Do :P--f ~ ,;:>.'Q r- ::d ........ ~ ~O :J: ")0 ~ ~ c: \D am ~ z .. --\ ~ :<. ;r.- ~ , w CT\ w ~ t ~ . ~ ~ '.J l~ kt ~ ~ ~J