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HomeMy WebLinkAbout08-2384sf' LADY REMLYN, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. m - aaaq aiv, l Terv4 SANJAY R. PATEL & LINDA A. PATEL, CIVIL ACTION - LAW Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against the Defendants as follows: Unpaid Rent, CAM Charges, Late Fees through April 4, 2008 $25,147.65 Attorney's collection fee (5%) 1,258.11 TOTAL: $26,405.76 THE LAW OFFICES OF MICHAEL CHEREWKA BY: Michael Cherewka Attorney I.D.# 35073 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for Defendants In Accordance with Warrant of Attorney s LADY REMLYN, INC, Plaintiff V. Sanjay R. Patel & Linda A. Patel, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0,F ,z3 y P ? CIVIL ACTION - LAW COMPLAINT PURSUANT TO Pa.R.C.P. 2951(b) (Confession of Judgment) 1. The Plaintiff, is a Pennsylvania Corporation with offices and a principal place of business at P. O. Box 1123, Camp Hill, Cumberland County, Pennsylvania 17001. 2. Defendants, Sanjay R. Patel and Linda A. Patel are adult individuals who own and/or operate a business known as Prapti, LLC, at 4401 Carlisle Pike, Suite F, Camp Hill, PA 17011, and the last known address for notice provided to Plaintiff being 5345 Oxford Circle, Apt. 59, Mechanicsburg, PA 17055. 3. A true and correct photo staticcopy of the original Retail Lease Agreement duly executed is attached hereto as Exhibit "A" and is made a part hereof. 4. A true and correct photostatic copy of the original instrument duly executed by the Defendants is attached hereto as Exhibit "B" and is made a part hereof. 5. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. The aforesaid instrument has not been assigned. 7. Judgment on the aforesaid instrument has not been entered in any jurisdiction. 8. The Defendants are in default in that it has failed to pay when due amounts payable as called for in the written instrument, a copy of which is attached hereto as Exhibit "A." 9. As a consequence of the foregoing, the Defendants are liable to the Plaintiff as follows: Rent through March 31, 2009 $19,250.00 Rent and CAM Shortfall-April, 2008 125.00 Delinquent CAM Charges, Late Fees 822.65 CAM Charges through March 31, 2009 4,950.00 Attorney's collection fee (5%) 1,258.11 TOTAL: $26,405.76 ,1 WHEREFORE, Plaintiff, Lady Remlyn, Inc., demands judgment in the sum of Twenty Six Thousand Four-Hundred Five Dollars and seventy-six Cents ($26,405.76) against the Defendants, Sanjay R. Patel and Linda A. Patel, in accordance with the Lease and Guaranty, plus costs, as authorized by the warrant of attorney in the instruments, copies of which are attached hereto as Exhibits "A" and "B". Respectfully submitted, LAW OFFICES OF MICHAEL CHEREWKA BY: )9;"Aj ' &L?_ Michael Cherewka Attorney I.D.# 35073 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Attorney for Plaintiff VERIFICATION I, Claire Rempel, President of Lady Remlyn, Inc., do verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. %)Lu 0 P0 a4-- Claire Rempel DATED: 04 APRIL 2008 1? S2' ^' Zi C) C= W - -ry f'Tt .... Li "r` Retail Lease Agreement Dated February 28th, 2006 Between Lady Remlyn, Inc. And Prapti, LLC This Submission of this Lease to Tenant shall not be construed as an offer, nor shall Tenant have any rights with respect thercto, unless and until Landlord shall execute a copy of this Lease and deliver the same to Tenant. ;s_-23 Lease THIS LEASE MADE AND EXECUTED as of the day of March, 2006 by and between Lady Remlyn, Inc. a Pennsylvania Corporation with a mailing address of P.0- Box 1123 Camp Hill PA 17001 (herein called "Landlord") and Prapti, LLC, a Pennsylvania Limited Liability Company t/d/b/a Asian Indian Grocery & Spice (herein called "Tenant'). Landlord does hereby lease to Tenant the "Premises" at the "Rent" for the "Term'" for the "Permitted Use" upon and under the following terms and conditions: ARTICLE L PEIWIISES Section 1. 1 Demise. Landlord hereby leases to the Tenant and Tenant hereby leases from the Landlord approximately (1473 ) square feet of retail space within the building (the -Premises") located at St. John's Place (the "Center"), a retail shopping center owned by the Landlord, and knoNvn as Suite F, 4401 Carlisle Pike, Camp Hill, 17011, Hampden Township, Cumberland County. The location of the Premises within the center is shown on a drawing attached hereto as Exhibit "A". Section 1. 2 Cornnlianee with Laws and Regalations. Landlord warrants that the Premises and Center were built in compliance with all Municipal, Township and State building codes, rules and regulations. Landlord Reserves the right at all times to alter the Center in order to conform to all such codes, rules and regulations. Section. 1. 3 Mechanics Liens. 't'enant at all times shall not permit a mechanic's lien or other similar lien to be placed on the Premises, Tenant's fixtures or equipment. In the event of any lien whether before, during or after the Lease term, be filed against any part of the premises or Center by reason of work, labor or services performed or materials furnished to or as a result of any work or act of Tenant (its successors and/or assigns) Tenant shall forthwith cause the lien to be discharged of record or bonded to the satisfaction of the Landlord. If Tenant fails to cause such lien to be discharged or bonded with security acceptable to Landlord within live (S) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may discharge the lien (or cause swne to be discharged) by paying the amount claimed to be due and all sums, costs and expenses including without limitation: reasonable attorney's fees, disbursements and court costs incurred in producing the discharge of the lien, procuring the bond or defending against such lien. All such payments shall be immediately due and payable by Tenant to Landlord. Section 1.4 Restrictiggon Alterations. Tenant will not make any alterations, renovations, improvements or other installations in, on or at the Premises or any part thereof (including, without limitation, any alterations of the store front or signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) until Tenant obtains Landlord's approval, which shall not be unreasonably withheld. If such approval is granted, the work shall be performed promptly, efficiently and without unreasonable interference or disruption to the operations of other Tenants or visitors of the Center. 2 All such work shall comply with all applicable governmental codes, rules, regulations and ordinances. Landlord hereby authorizes Tenant to make initial alterations to the Premises necessary to prepare the Premises for Tenant's purposes, including, but not limited to the removal of carpeting, installation of a tiled, linoleum or other smooth surface flooring, installation of shelving and refrigeration / freezer units and the installation of retail related equipment. Tenant shall not be permitted to alter the structure of the Premises, including the removal or installation of walls or alterations to the electrical or plumbing systems of the Premises without first seeking written approval of Landlord as required under this Section 1 A. Section 1.5 Improvements and Equipment. Except as otherwise hereinafter provided, all alterations, improvements, furnishings and other equipment installed in the Premises by Tenant and paid for by Tenant shall remain. the property of the Tenant and may be removed by Tenant upon the termination of this Lease. provided that (a) Any of such items as are affixed to the Premises and require severance shall be deemed the property- of Landlord and may be removed only if Tenant shall. repair any damage caused by such removal and (b) Tenant shall have paid all amounts and otherwise fully performed all of the covenants and agreements to be performed by it under the provisions of their Lease, If the 'Tenant fails to remove such items from the Premises as of the date of termination of this Lease, all such alterations, decorations, additions and improvements shall become the property of the Landlord unless Landlord elects to require their removal in which case Tenant shall. promptly remove same and repair and restore the Premises to the condition it was in on the Commencement Date, reasonable wear and tear excepted. Upon such, termination, the parties shall be released from any further liability to each other and this lease shall be null and void. ARTICLE II, TIERNI Section 2.1. Term. The term of this lease shall be for three (3) years. Possession shall be given upon signing of the lease. The "Commencement Date" shall begin April 151, 2006. The termination shall be thirty sic (36) months from the Commencement date March 3`,2009. ninety (90) days prior to the expiration of the Tenn, any renewal or extension thereof, Landlord shall have the right to display the customary "For Lease" sign. Landlord may show Premises to prospective tenants provided Landlord gives Tenant reasonable notice. Section 2.2 . 1Rcgusval Option. Provided Tenant is not in default at the time of renewal, Tenant shall have the option to renew this Lease for one additional two (2) year term, by giving written notice to Landlord by certified mail, return receipt requested, of such intention to renew not less than four (4) months prior to the expiration of the initial terns. Such renewal shall be at the rents negotiated by both Landlord and Tenant. 3 ARTICLE III, RENT Section 3,1. -Rent. Tenant shall pay annual minimum rent (herein called the "Minimum Rent") to Landlord payable in equal monthly installments herein called "Monthly Minimum Rent" ), at the respective rates and for the respective periods hereinafter set forth, in advance without offset, deduction, set-off or counterclaims, except as provided for in this Lease Agreement or as perniitted under the laws of the Commonwealth of Pennsylvania on the first day of the month. MONTHLY RENT ANNUAL RENT YEAR. 1 $ 1,650.00 $19,800.00 YEAR 11 $ 1,650.00 $1.9,800.00 YEAR 111 $ 1,750.00 $21,000.40 Section 3.2. Late Payments and Interest. A late charge of five (5%) percent on all overdue monies more than fifteen (15) days in arrears shall be paid by Tenant. Interest shall accrue on all monies from the date they are due at the annual prime. interest rate as reported by Members First Federal Credit Union plus one (1%) percent per annum for the first thirty (30) days period. Aftcr the thirty (30) day period, interest shall accrue at the rate of (I I/z%) percent above prime per month and each portion thereof for which any stuns remain unpaid. Section 3.3_ Security Deposit. A Security Deposit in the amount of $6,000.00 ($1,650.00 with CIR and the remainder $4.350.00 upon signing of the Lease) shall be considered as security for the payment and performance by Tenant of all Tenant's obligations, covenants, conditions, and agreements under this Lease. Within (30) days after the expiration of the term hereof (provided Tenant has vacated the Premises and delivered possession to Landlord on a tirraely basis and in the condition required hereunder), Landlord shall refund Security Deposit to Tenant less any portion Landlord shall have applied to make good any default by Tenant with respect to any of Tenant's- obligations under this Lease or applied toward payment of damages suffered by Landlord. In the event of any default by Tenant hereunder, Landlord shall have the right, but shall not be obligated, to apply all or any portion of the Security Deposit to cure any default in which event Tenant shall be obligated to. Within five (5) days after request from Landlord, Tenant shall restore the Security Deposit to its original amount. 'The use of said Security. Deposit by Landlord shall not excuse Tenant's liability for default hereunder nor limit Landlord's remedies. In the event of the sale or transfer of Landlord's interest in the building in which the Premises are located, Landlord shall transfer the Security Deposit to such purchaser or transferee. Tenant shall be entitled to look to the new Landlord for the return of the Security Deposit, and Landlord shall thereupon be released from all liability to Tenant for the return of such Security Deposit. ARTICLE IV. EXPENSES Section 4.1- Additional Rent (a) Tenant agrees to pay Landlord an additional amount equal to its proportionate share "Deal Estate Taxes" "Insurance" and "Common Area Maintenance Costs" as defined in section 4.2 and Exhibit B. Tenant's proportionate share shall be calculated as a fraction which shall have as its numerator the gross floor 4 premises and which Shall have as its dznominatoa the area of the Pr obtain payment in advance Center. Landlord shall be entitled to estimate all amotin 90) following the expiration of any on the first day of each month. Within ninety (90) asous ere Exsepenses calendar year in which Tenant has paid any of Landthe lord's incurred dulri ? shall submit to Tenant a statetneri following gs submission of such annual Statement, calendar year. Within ten (10) days Tenant shall pay to Landlord any Expenses remaining due. Section 4.2 "Rea Estate Takes" Detlned. For the purpose of this Lease "Real scd by any Estate Tares" shall mean taxes, rates, ? s the term of this Lease ? t?re pees to the land, authority, falling in whole or in part during building and improvements located within t imposed for schoolUpubli allettermenttaxes, general assessments, general and special, levied or p or local improvements and operations aa 4? ? lter d o?nvaried a d any new tax?ex?ise. district- If the method of real estate a assessment is levied or imposed on?cc selaaase smentt or ler??vrshail b? ncluded vv thin excise, Shopping Center -then any new tax, the term Real Estate Taxes. Reasonable expenses, including reasonable attorneys' fees, expert witness fees and similar costs, incurred in obtaining a reduction og Lst to Tara e Taxes or assessed valuations shall be added to and included in the either the Commencement Date or expiration date of this Lease shall not coincide with the beginning or end of a full lease year, then in computing the amount payable under Section 4.1 for the period between the commencement and/or expiration of Tenant's proportionate share of Real Estate Taxes for the applicable full lease year shall be equitably apportioned so that Tenant shall pay only such portion. as is attributable to the terms of the Lease. Tenant's obligation to pay Real Estate Taxes under section 4.2 for the final lease year shall survive the expiration and/or termination of this Lease. Landlord agrees to pay all Real Fstate Taxes before the same is due and Tenant shall not be responsible for any increase to the Real Estate Taxes incurred due to Landlord's failure to pay the Real Estate Taxes before the sarne becomes due, ARTICLE UTILITIES TRASH REIM'21'AL, dAN1TpRIt?L SERVICES Section 5. 1. Utilities. "tenant shall pay directly for the following; utilities: electric, gas and water. Section 5.2. Refuse and Janitorial Sertiices. The Tenant shall not permit the accumulation of rubbish, trash, garbage or other refuse in and around the Premises and shall remove to the collection area designated by the Landlord. Tenant shall pay promptly for all refuse removal as a shared expense with other Tenants. Tenant hereby agrees to maintain the Premises in a business like manner, keeping all inventory off of the floor (except as appropriate and accepted practice with respect to grocery stores), properly placed upon shelves or in coolers, Tenant shall keep surplus inventor in the rear room of the Premises and shall not store such surplus inventory in the store front section of the Premises. Tenant at his expense shall be responsible for all janitorial services within the Premises, window cleaning inside and outside the Premises aj-id pest control if required. ARTICLE V1; PER!YII1TEU USE Section 6. 1. Permitted Use. Tenant shall occupy the Premises for the sole permitted use as a retail sales location i.u the nature of a specialty grocery store with limited video rentals / sales. Tenant shall not use the Premises for any other purpose without the written consent of Landlord, which consent shall not unreasonably withheld. Section 6 .?, Illegal se. The Tenant covenants that at no time will he use the Leased Premises for any unlawful or illegal purpose or in any unlawful or illegal manner and the Tenant will not carry on the business under any name or in any manner permit any advertising which might reflect or tend to reflect adversely on the building or confuse or mislead the public in any apparent connection or relationship between the Landlord and Tenant. Tenant shall maintain all permits and licenses required to operate their business. Section 6 .3. Hazardops Activity.. Tenant agrees that he or she will not do anything in, upon or about the Premises which will contravene the insurance policies insuring the Center against loss or damage by fire or other hazards, or which will prevent the procuring of such policies by companies acceptable to Landlord. If anything h-done, omitted to be done upon or about the Prcmiscs or the Center by Tersant, Tenant shall pay such increases. f41. .(?? , ?. ?E .t ARTICLErVIL PARKING . Section 7.1. Parking Area, The Parties agree that the Landlord shall designate that portion of the parking lot to be used by Tenant and their employees. ARTICLE VIIL CUiMM' !QN AREAS Section 8.1. UsS of Common Areas. The term "Common Areas" shall mean the parking areas, driveways, walkways, landscaped areas, berms and other areas and improvements that may be provided for the convenience and use of the occupants and tenants of the Center. During the term of this Lease, Tenant's use and occupancy of the Premises shall include the non-exclusive use in common with all other granted rights to use the same and for whose convenience and use the common areas are intended; provided, however, that such use by Tenant shall be subject to reasonable rules and regulations. Landlord shall at all times have full control. management and direction of said common areas, shall have the right at any time to change the layout including the right to reasonably add or subtract from their shape and size, as well as to alter their location, provided that all efforts will be made not to interfere with Tenant's access. Section 8. 2. Right to Close Areas. Landlord or any entity under common control with Landlord shall have the right to close any or all portions of the common areas to such extent as may, in the opinion of counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, and to close temporarily, if necessary, any past of the common areas in order to discourage non-customer parking and in the exercise of any repair and maintenance obligation or other rights herein reserved with respect to the common areas. If the amount or nature of 6 the common areas and facilities are diminished, this Lease shall remain in full effect, and Landlord shall not be subject to any liability nor will Tenant be entitled to any compensation or diminution of rent, nor shall diminution of such common areas and facilities be deemed constructive or actual eviction, except in the event that if Landlord closes the common areas, including, but not limited to the parking lot, to such an extent that the use of the Premises as a retail location is no longer economically viable, Tenant shall have the right to give notice of Tenant's intent to terminate this Lease to Landlord and to, in fact, termination this Lease if Landlord does not reopen the common areas affecting Tenant's business within fifteen (15) days of such notice. Section 8 .a. Common Area Repairs. Landlord shall arrange for the care, maintenance and repair of the common areas including but not limited to: repairing, replacing and restriping paved parking areas when needed, keeping common areas reasonably clear of litter and snow, maintaining landscaped areas and keeping common areas reasonably lighted at times when stores are open for business. Section 8.4. Repairs by Landlord. Landlord shall maintain the foundation, roof and structural portions of the walls of the building i-n goad condition and repair at Landlord's sole cost and expense. Tenant shall provide Landlord with prompt written notice of any structural defect. Landlord shall be responsible to repair or replace the electrical and / or plumbing systems to the extent the damage to the same is not caused by Tenant's use of those systems. Section 8.5, Repairs by Tenant. Tenant shall keep, maintain and repair or replace the fixtures, facilities and equipment contained therein including but not limited to: HVAC, exterior doors and %N indow frames. Further., Tenant shall be responsible. to repair or replace the electrical and / or plumbing systems in the damage to the same is caused by Tenant's use of those systems. If Tenant requires any upgrades to the electrical or plumbing systems to meet the needs of Tenant's business, such Upgrades shall be at the sole expense of Tenant and such upgraded systems shall become the property of Landlord upon the termination of this Lease. Any defect in either the electrical or plumbing systems that occur more than ninety L90) from commencement date of this Lease shall create a presumption that said defect is due to Tenant's use of said systems. If Tenant refuses or neglects to complete repairs promptly and adequately, Landlord may complete said repairs and Tenant shall immediately pay Landlord- Replacement of HVAC unit shall be at Landlord's expense. ARTICLE VIX. INSURANCE Section 9.1. Tenant's Insurance. At all times after the commencement of this Lease, Tenant will carry and maintain, at its expense a non-deductible: (a) public liability insurance policy, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, for each occurrence, of not less than One Million( $1,000,000.00 ) Dollars with respect to personal injury and death, and One Million ( $1,000,000.00 ) Dollars with respect to property damage; (b) all-risk property and casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises (including, without limitation, inventory, trade fixtures, floorings, furniture and other 7 property removable by tenant under the provisions of this Lease) and all leasehold improvements installed in the Premises by or on behalf of Tenant; (c) and to the extent required by lave, worker's compensation or similar insurance in form and amount required bylaw. writing any insurance which Section 9. 2. Polk R uirements. The company Tenant is required to carry and maintain pursuant Section 9.1 as well as the form of such insurance shall at all times be subject to Landlord's approval and shall be licensed to do business in the Commonwealth of Pennsylvania- Public liability and all-risk property and casualty policies evidencing such insurance naming Landlord or its designee as additional insured and shall also contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Landlord. Each certificate shall be deposited with. Landlord by 'T'enant promptly upon commencement. If Landlord may Tenant fails to perform any of its obligations under Section 9.1 and 9.2, perform the same and the cost shall be payable upon Landlord's dernand_ Section 9.3. Landlord's Insurance. Landlord agrees throughout the term of the L,ea,,e that the common areas of the Center will be covered by public liability insurance With minimum combined coverage for bodily injury and property damage of one Million Dollars ($1,000,000.00). ARTICLE X SI(?N5 A?iD EXTERIOR ATTACHi4LENTS Section 10.1. Signs and Conformity. Tenant shall erect and maintain its trade name or store identification within the area provided for by Landlord. Any such sign shall strictly conform in color, style and design to the criteria established by the Landlord and shall conform to all local governmental regulations. All signage costs and repairs shall be the sole responsibility of Tenant, ARTICLE Xi, FIRE Alri;l3 OTHER. DAMAGE Section 11. 1. Repairs by Landlord. In, case of damage to the Premises by a risk insured against under Section 9.3, Landlord shall otherwise elect as hereinafter provided to repair or cause to be repaired such damages with reasonable dispatch after receiving from the Tenant written notice of the damage. If the damages render the Premises untenantable, the rent shall be abated ro the extent corresponding with that period during which the Premises have become untenantable. If such damages are caused by carelessness, negligence, intentional or willful conduct of Tenant, subtenant, agent, employee, visitor or licensee of Tenant or of a subtenant, then notwithstanding such damage and untenantability, Tenant shall be liable for Rent without abatement. In the event of damage to the Premises to the extent of more then fifty percent (50%) of the value of such Premises, Tenant shall give Landlord written notice of the damage, after which either party may determine within ten (10) days of such notice, that the Lease shall be terminated by giving additional written notice to the other Party, in which event the Lease shall immediately be terminated. If such notice of termination is not given, the Lease shall not terminate and the obligations of the Parties shall continue. ARTICLE XII EMINTENT DOMAIN Section 12. Iffect of Ta 'nff_, In the event the Premises or any part shall be taken or condemned either permanently or temporarily for any public use or purpose by any competent authority in appropriate proceedings or by any right of eminent domain, the entire compensation award therefor, including , but not limited to, all damages as compensation for diminution in value of the leasehold, reversion. and fee, shall belong to the Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all of its right, title and interest to any such award. Although all damages in the event of any condemnation is to belong to the Landlord, whether such damages are awarded as compensation for diminution in value of the leasehold, reversion or to the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from the Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all damages to Tenant's business by season of the conden-nation and for or on account of any cost or loss to which Tenant might be put in removing Tenant's merchandise, furniture- fixtures, leasehold improvements and equipment. If the whole of the Premises is taken by any public authority under the power of eminent domain, this Lease shall terminate as of the day possession shall be taken by such public authority, and Tenant shall pay- rent up to that date with an appropriate refund by Landlord of such rent as shall have been paid in advance for a period subsequent to the date of the taking. If less then twenty-five percent (250/0) of the floor space of the Premises shall be so taken, this Lease shall terrnina:e only with respect to the parts so taken as of the day- possession shall be taken by such public authority, and Tenant shall pay rent up to that day with an appropriate refund by -Landlord of such rent as may have been paid in advance for a period subsequent to the date of the taking and, thereafter, the Minimum Rent and the Expenses shall be proportionately reduced, and Landlord shall at its expense make all necessary repairs or alterations to the basic building and exterior work so as to constitute the reminder of the Premises a complete architectural unit, provide, however, that Landlord shall not be obligated to expend for such repairs an amount in excess of the condemnation proceeds recovered its a result of such condemnation. If more then twenty-five percent (25%) of the floor space of the Premises shall be taken, then this Lease shall terminate with respect to the part so taken from the day possession shall be taken by such public authority, and Tenant shall pay rent up to that day with an appropriate refund by Landlord of such rent as may have been paid in advance for a period subsequent to the date of the taking and either party shall have the right to terminate this Lease upon notice in writing within thirty (30) days after such taking of possession: in the event that Tenant remains in possession, and if Landlord does not terminate, all of the terms herein provided shall continue in effect except that the Minimum Rent and the Expenses shall be proportionately reduced, and Landlord shall make all necessary repairs or alterations to the basic building and exterior work so as to constitute the remaining, premises a complete architectural unit, provided, however, that Landlord shall not be obligated to expend for such repairs an amount in excess of the condemnation proceeds recovered as a result of such condemnation. If more than fifty present (50%) of the floor space of the building in which the Premises are located shall be taken under the power of eminent domain. Landlord may, by notice in writing to Tenant 9 delivered on or before the day of surrendering possession to the public authority, terminate this Lease, and rent shall be paid or reeled as of the date of termination. ALL-19LE Xf1 INDEMNIFICATION Section 13.1 Landlord Not Responsible for Acts of of Others. Landlord shall not be liable to Tenant. employee, agent. invitee in whole or in part, by any act, omission or neglect of Tenant. Tenant's contractors, employees, agents, invitees, licensees or visitors. or any happening on the Premises. Tenant shall indemnify, defend and hold Landlord harmless from any claim, loss or liability. Section 13. 2 TenaOLLRisk. All property kept, stored or maintained on the Premises shall be so kept, stored or maintained at the risk of the Tenant only, and the Landlord shall not be liable for any loss or damage to the Tenant or Tenant's property. Section 13.3 Tenan_ t Not Regnansible for Acts of Landlord. Landlord shall indemnify Tenant against, and hold Tenant harmless from, any and all claims, demands, judgment, damages, actions, causes of action, injuries, administrative orders, consent agreements and orders, liabilities, penalties, costs and expenses of any kind whatsoever, including attorney's fees, or claims arising out of loss of like, injury to persons, damage to property, or business and/or damage to natural resources in connection with the activities of Landlord, Landlord's negligence or Landlord's maintenance of common areas, or similar actions by Landlord's successors, assigns, agents, employees or invitees. ARTICLE XIV ASSI 'NN1EN:[ PkND SUBLETT1NG Section 14,1 Landlord's Consent Required. Tenant will not assign this Lease, nor sublet all or any part of the Premises, nor license concessions or lease departments nor pledge or secure by mortgage or other instruments this Lease, without first obtaining the written consent of Landlord. This prohibition includes, without limitation, (a) subletting or assignment which would otherwise occur by merger, consolidation, reorganization, transfer or other change of Tenant's corporate or proprietary structure; (b)assignment or subletting to or by a receiver or trustee in any Federal or state bankruptcy, insolvency, or other proceedings; or (c) the sale, assigrancat or transfer of all or substantially all of the assets of Tenant, with or without specific assignment of Lease. Consent by Landlord to any assignment or subletting shall not constitute a waiver or the requirements for such consent to any subsequent assigns or subletting. Any costs and expenses, including attorney's fees, incurred by Landlord in connection with any proposed or purported assignment. transfer or sublease shall be borne by Tenant and shall be payable to Landlord as Additional Rent. Section 14 .2 Transfer of Landlord's Interest. In the event of any transfer of Landlord's interest in the Premises, including a sale or lease, the Landlord shall be automatically relieved of any and all obligations accruing from and after the date of such transfer, provided that 10 (a) the interest of the Landlord in any funds theft in the hands of Landlord in which Tenant has an interest shall be turned over, subject to such interest, to the transferee; and (b) notice of such sale, transfer or lease shall be delivered to Tenant. Section 14.3 Transfer of Controlling Interests. If Tenant is a corporation, partnership, limited liability company or other entity and if at any time after execution of this tease any part of all of the shares or ownership interests shall be transferred by sale, assigmnent, bequest, inheritance. operation of law or other disposition (including, but not limited to, such a transfer to or by a receiver or trustee in a Federal or state bankruptcy, so as to result in a change in the present control of such entity by the person or persons now owning a majority of said shares or ownership interests, Tenant shall give Landlord notice of such event within fifteen (15) days from the date of such transfer. In such event and whether or not Tenant has given such notice, Landlord may elect to terminate this Lease at any time thereafter by giving Tenant notice of such election, in which event this lease shall be terminated as of the date set forth in such notice which date shall not be less then sixty (60) day after the date of such notice. In the event of termination; all rental shall be prorated to the date of such termination. Section 14.4 Acceptance of Rent from Transferee. The acceptance by Landlord of the payment of rent following any assignment or other transfer prohibited by this Article shall not be deemed to be consent by Landlord to any such assignment or other transfer nor shall the same be deemed to be a waiver of any right or remedy of Landlord hereunder. ARTICLE XY_ VOLUNTARY OR INVOLUNTARY ASSIGNMENT Section 15. 1 Landlord's Written Consent. Neither this Lease nor any interest shall be assignable or transferable by operation of law, by voluntary assignment, for the benefit of creditors without the written consent of the Landlord and such inhabitation against voluntary assigrirnent includes and comprehends any and every assignment which might otherwise be affected or accomplished by Bankruptcy, receivership, attachment, execution or other judicial process or proceeding. If any assignment for the benefit of Tenant's creditors should be made by Tenant, or if a voluntary or involuntary petition in bankruptcy or for reorganization or for a arrangement should be filed by or against the Tenant and not dismissed within ninety (90) days, or if the Tenant should be adjudicated bankrupt or insolvent. or if a receiver is appointed of or for the Tenant, or for all or a substantial part of Tenant's property, or of such assignment or transfer by operation of law should occur, them and in any such event, the Landlord may, at Landlord's option, terminate this Lease by notice to the Tenant. The provisions of this paragraph shall not apply to any of the rights, titles and interests of the Landlord under this Lease. ARTICLE XVI. SURRENDER AT LEASE TERMINATION Section 16.1 Surrender of Premises. The Tenant, upon termination of this Lease shall surrender the Premises to the Landlord including all building apparatus, machinery, equipment and fixtures situated within the premises except items. which may be removed under Article 1. Section 1.5. 11 ARTICLE XVII DEFAULT AND BENIEDIE$ Section 17.1. Events of Default. The Lease is made upon the condition that the Tenant shall punctually and faithfully perform all of the covenants and agreements by it to be performed as herein set forth, and if any one or more of the following events shall occur said event shall be deemed a default: (a) any rent or other sums required to be paid by Tenant including but not limited to Rent, Real Estate Taxes and CALL charges shall at any time be in arrears and =paid for five (5) days after notice the same is due and unpsAf (b) any failure on the part of the Tenant in the observance or performance of any of the covenants or conditions of this Leasc on the part of time Tenant to be performed [other then as set forth at 17.1 (a) ] and said Wlure shall continue for a period of fiftecx fiS) days air writ w6 - i domwf from Landlord to Tenuut (unless such failure cannot reasonably be cured within fifteen (15) days and Tenant shall have commenced to cure said default tivithin said fifteen (15) days and continues diligently- to pursue the curing to completion), or (c) the Tenant shall file a petition in bankruptcy or be adjudicated bankrupt, file any petition seeking rcorganization, arrangement- liquidation, dissolution, or similar relief. for itself under any present federal, state or other statute, laic or regulation, or make an assignment for the benefit of creditors, or (d) a trustee, receiver or liquidation of Tenant or of all or any substantial part of its properties or of the premises shall be appointed in any action, suit or proceeding by or against Tenant and such proceeding or action shall not have been dismissed within forty- five (45) days after such appointment, or (e) the Tenant's merchandise or fixtures of Tenant's leasehold estate in the Premises shall be taken on execution or by other process of law', or (f) if Tenant shall remove from the premises during the term or renewal terra. of this Lease, or cease to use or occupy the same as herein provided, Landlord may, without liability, re-enter premises without notice, and lease the said premises to any other person or persons. Tenant shall be liable for all payments otherwise due Landlord under the terms of this lease for the balance of the lease term Section 17.2 Landlord's Remedies. (a) Upon the occurrence of an Event of Default, in addition to any other rights or remedies Landlord may have under this Lease, Landlord shall at any time thereafter have the following rights which may be exercised concurrently or successively in such order as Landlord deems appropriate: (1) to WeeleMe the whole or any part of the Minimum Rent, Additional Rent and all other sums payable under this Lease, whether or not payable as rent for the entire balance of the term of this Lease including reasonable attorney's fees; (ii) to terminate this Lease by written notice to Tenant; (iii) to terminate Tenant's right of possession and re-enter and repossess the Premises without terminating this Lease in which event Tenant shall remain responsible to pay Minimum Rent and Additional Rent when due; This Paragraph 17.2(n) (iv) sets forth a warranty of authority for an attorney to confess judgment against 'T'enant. In granting this right to confess judgment against Tenant, Tenant hereby knowingly, intentionally and voluntarily, and, on the 12 advice of the separate counsel of Tenant, unconditionally waives any and all rights Tenant had or may have to prior notice and an opportunity for hearing under the respective constitutions and laws of the United States and the Commonwealth of Pennsylvania. Upon Event of Default or if Tenant has failed to remove itself from possession at the expiration of the term of this Lease, it shall be lawful for any attorney to confess judgment in ejectment and to file an agreement for entering in any competent court an amicable action and judgment in ejectment against Tenant and all persons claiming under Tenant for the recovery by Landlord of possession of the Premises, for which this Lease shall be Landlord's sufficient warrant. Upon such confession of judgment for possession, if Landlord so desires, a writ of execution or of possession may he issued forthwith, without any prior writ or proceedings whatsoever. If for any reason after such action shall have been commenced, the same shall be determined and the possession of the Premises shall remain in or be restored to Tenant, Landlord shall have the right upon any subsequent or continuing Event of Default, or after expiration of the Lease, or upon the termination of this Lease as hereinbefore set forth, to bring one or more amicable actions or actions as hereinbefore set forth to recover possession of the Premises. In any amicable action of ejectment, Landlord shall cause to be filed in such action an affidavit made by Landlord or someone acting for Landlord setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be conclusive evidence. If a true copy of this Lease shall be filed in such action (and of the truth of the copy, such affidavit shall be sufficient evidence), it shall not be necessary to file- the original Lease as a warrant of attorney, any rule of court, custom or practice to the contrary notwithstanding. Tenant-releases to Landlord and to any and all attorney who may appear for Tenant all errors in the said proceedings and all liability therefor. Upon Event of Default Tenant does hereby irrevocably authorize and empower any prothonotary, cleric or attorney of any court of record within Pennsylvania or elsewhere to appear for and enter judgment against it for any unpaid Minimum Rent and Additional Rent due hereunder, and/or accelerated rent, if any, and all other charges or sums due hereunder, together with an attorney's commission for collection equal to five percent (S%) of said amount, with or without declaration, with costs of suit, release of errors , without stay of execution; and Tenant also waives the right of inquisition on any real estate that may be levied upon to collect said rent, and does hereby voluntary condemn the same, an authorizes the prothonotary to enter upon the writ of execution said voluntary condemnation and further agrees that said real estate may be sold on a writ of execution, and Tenant hereby waives Rod releases all relief from any and all uppraisement, stay or exemption laws of any state now in force or hereinafter to be passed. If copies of this Lease, verified by affidavit of Landlord or someone on the Landlord's behalf, have been riled in such action, it will not be necessary to file the original of this Lease as a warrant of attorney. The authority and power to appear for and enter judgment against Tenant will not be exhausted by the initial exercise of the authorized power, and the power may be exercised from time to time as often 13 as the Landlord deem necessary or desirable; and this instrument will be a sufficient warrant. r an attorney, The preceding paragraph sets forth ?sn ast Tenant- In grant ng this warrant prothonotary or clerk to confess ludgme 10. intentionally and of attorney to confess judgment, Tenant hereby knowingly, voluntarily, and, after consultation silhhaslegal or may have to prior noti ehand an unconditionally- waives arty and all righ opportunity for prior hearing under the constitutions and laws of the United States of America, the Commonwealth of Pennsylvania and all other applicable jurisdictions. Tenant understands the meaning and effect thwarrant of authority to confess judgment contained in the foregoing paragraphs. R understands, among other things, that (i) the entry of judgment may result in a lien on Tenant's property, and (ii) Tenant's property may be taken to pay the amounts, costs and attorney's fees as provided above. To the extent permitted by law, acting under representation of counsel, Tenants hereby irrevocably waives any due process rights to (i) post-seizure relief arising in connection with, or in any way related to, Landlor'd's right to confess judgment against Tenant as herein provided, and Tenant acknowledges and understands that by waiving these rights, Tenant has consented to allow Landlord to enter a court judgment against Tenant and to seize Tenant's property without prior notice or hearing in order to satisfy the obligations owed by Tenant to Landlord. (b) After reentry or retaking or recovering of the Premises, whether by termination of this Lease or not, Landlord may, but shall be under no obligation to make such alterations and repairs, if any, as Landlord may deem then necessary or advisable and the cost of such alterations and repairs shall be payable by Tenant upon demand as Additional Rent. Landlord may relet the Premises or any part or parts thereof either in Landlord's name or otherwise, for a term or terms which may at Landlord's option be less than or exceed the period which otherwise would have constituted the balance of the term of this Lease and at such rent or rents and upon such other ten-xis and conditions as in Landlord's sole discretion may seem advisable and to such person or person as may ir; Landlord's discretion seem best. (c) No right or remedy conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity. (d) No waiver by Landlord of any breach by Tenwit of any of Tenant's obligations, agreements or covenants shall be a waiver of any subsequent breach or of any obligation, agreement or covenant. nor shall any forbearance by Landlord to seek a remedy for any breach by Tenant be a waiver by Landlord of any rights and remedies with respect to such or any subsequent breach- Section 17.3. Bankruptcy. In the event that Tenant's interest in this Lease shall pass to any trustee, receiver or assignee for the benefit of creditors or otherwise by operation of law, except as may be specifically provided pursuant to the U.S. Bankruptcy Code, as may be amended from time to time. Upon filing a petition by or against Tenant 14 under the Bankruptcy Code, Tenant, as debtor or debtor-in-possession, and any trustee who may be appointed with respect to the assets of or estate in bankruptcy of Tenant, agree to pay monthly in advance on the first day of each month, as reasonable compensation for the use and occupancy of the Premises, an amount equal to all Minimum Rent and all other charges due pursuant to this Lease. In addition to any other conditions or obligations imposed upon Tenant or its successor in the event of the assumption and/or assignment of this Lease are the following: (a) The cure of any monetary defaults and reimbursement of pecuniary loss within not more than thirty (30) days of assumption and/or assignment; (b)The deposit of an additional sum equal to not less than three (3) months' Minimum Rent and Additional Rent to be held pursuant to the terms of Section 33.of this Lease; (c) The use of the Premises as set forth in Section 5.1 of this Lease; and (d) The prior written consent of any mortgagee to which this Lease has been assigned as collateral security. ARTICLE XV111 HOLDING OVER Section 18.1. Surrender and Folding Over- Tenant shall deliver to Landlord possession of the Premises upon the expiration or termination of the Lease, broom clean in as good a condition and repair as at the commencement of said term (damage by ordinary wear only excepted) and shall deliver all keys at the move-out inspection with Landlord. Should Tenant remain in possession of the Premises or any part thereof such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal, and Tenant shall pay, to Landlord, as Liquidated damages a sum equal to double the Minimum Rent as specified herein for any period during which Tenant shall hold the Premises after the stipulated term of this Lease has expired or terminated. ARTC CLE XIX. MISCELLAN OUS Section. 19.1 $ubgrdinationof_-renant's Interest. This Lease shall be subject and subordinate at all times to the lien of any mortgage or other encumbrance (each hereinafter called "Mortgage") hereafter placed upon the property which includes the Premises. Tenant agrees at the election of the holder of any such Mortgage, to attorn to such holder. Tenant further agrees to execute and deliver within ten (10) business days after written request such further reasonable instrument or instruments evidencing and confirming such subordination of this Lease to the lien of any such Mortgage. Any holder of any Mortgage may at any time subordinate its Mortgage to this Lease, by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such Mortgage without regard to their respective dates of execution and delivery and in that event such holder shall have the same rights with respect to this Lease as though it had been executed prior to the execution and delivery of the Mortgage and had been assigned to such holder. This Lease shall not be subordinate to any Mortgage hereafter placed unless the holder of the Mortgage in question shall provide a non-disturbance agreement to Tenant 15 ids in substaziee that so long, as Tenant shall not be in default under this defendant in any action to which shall pro se beetermin4ed or the possession by Tenant of Lease, the mortgagee s ohall not r will this name foreclose the Mortgage nor the premises be disturbed by any such action. Section 19,?. Release. o Liabil Landlord and Tenant hereby release the other from any and all liability or responsibility to th other ossnoro e clai tt gP?pe?? or under ahem b,' way of subrogation of otherwise for any have cau caused by fire or other casualty, even if such fire orri other casual ?? ai halsuch pant;, maysbe by the fault or negligence of the other party. or any provided, however, that this release shall be applicable and in force and responsible, et to loss or damage occurring during such time as the releasor's effect only with respe shall not policies shall contain a clause or endorsementh ?? ?, t of any such the relc seo?r to ? o ?r adversely affect or impair said policies or prejudice: su4h to containing wai thereunder, Each party shall obtain insurance Premises or usevof the subrogation clause(s) for all insurance policies whi Premises. Section 19.3 Ri ht of Recaverv A ain9t a mortgagee o trustagrees ee undrt a in the deed event the Landlord is in default under this Lease, any rouound or of trust of Landlord's interest in the Premises, and the landlord u( but nernaan gr required) t underlying lease which includes the Premises, shall be permitted enter the Premises during normal business hours for the purpose of correcting or remedying such default, and Tenant agrees to accept performance by such mortgagee, 'tru.Aee, or underlying landlord in lieu of performance by the Landlord. Tenant further agrees that, from and after specific 'written request Landlor to aa requ?cd Tenant will, permitted simultaneously with the giving of any notice to hereunder, give a copy of such notice to such mortgagee. trustee or ground or underlying landlord and that any such notice to Landlord shall not be effective unless Tenant has simultaneously given notice to such mortgagee, trustee or ground or underlying landlord- Section 19.4 Amendrner is to Lease. Tenant, at Landlords expense, agrees to consent to and to execute and deliver promptly upon each request from Landlord, such reasonable amendments to this Lease as may be requested by any bank, savings and loan association, insurance company or other institutional lender providing bona fide mortgage loans to Landlord in connection with the Center, provided that such amendments do not impair or affect Tenant's leasehold interest in the Premises, and that such amendments do not reduce, increase or change the term of this Lease, nor affect the rate or cost of rental and other obligations of Tenant. This will not create any material obligations, liabilities, duties or responsibilities of any nature whatsoever upon the Tenant greater than those to which Tenant is herein committed. Section 19.5. Additional Document §, Tenant shall, at the request of Landlord and at Landlord's sole cost and expense, execute any additional instruments that Landlord or Landlord's mortgagee may request from time to time. Section 19.6, Access by L gndlord_ Landlord covenants and warrants that upon the Commencement of the Term of the Lease Tenant's quiet and peaceable enjoyment the Premises shall not be disturbed or interfered with by anyone. Landlord or Landlord's representative shall be permitted to enter the Premises at reasonable times to examine premises or to make repairs as required. 16 Section 19.7. uecessors and Assi ns. This Lease shall inure to the benefit of and shall bind the respective successors and assigns of the parties to the extent that the parties' rights hereunder may succeed and be assigned according to the terms hereof. Section 19.8. Non-Wai r. No waiver of any condition or legal right or remedy shall be implied by the failure of Landlord to declare forfeiture, or for any other reason. and no waiver of any condition or covenant shall be valid unless it is in writing and signed by Landlord. No waiver by Landlord with respect to one Tenant of the building in which the Premises are located shall constitute a waiver in favor of any other Tenant, nor shall the waiver of a breach of any condition be claimed to excuse a future breach of the stone condition or covenant. The mention in this Lease of any specific right or remedy shall not preclude Landlord from exercising any other or from having any other remedy or from maintaining any action to which it may be otherwise entitled either at law or in equity; and for the purpose of any suit by Landlord brought or based on this Lease, this Lease shall be construed to be divisible contract, to the end that successive actions may be maintained as successive periodic sums shall mature under this Lease, and it is further agreed that failure to include -in any suit or action any sum or sums then matured shall not be a bar to the mairntenance of any suit or action for the recovering of said sum or sums so omitted. Section 19.9. Notice. If. at any time alter the execution of this Lease, it shall become necessay or convenient for one of the parties to serve notice, demand or communication to the other party, this shall be in writing, delivered by hand or sent by certified snail. The time of giving of any notice shall be the time of receipt thereof by the addressee or any agent of the addressee. Either party shall give notice of any change in the mailing; address below to"the other. Notice to Landlord Notice to Tenants Lady Rernlyn, Inc. Mr. & Mrs. Sanjay R. Patel P.O. Box 1123 3345 Oxford Circle, Apt.59 Camp Hill PA 17001 Mechanicsburg, PA. 17055 With Copy to. David H. Martineau, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 Section 19.10. Compliance with the Laws of Pennsylvania. This agreement may be signed in any number of counterparts and shall be construed under the laws of the Commonwealth of Pennsylvania. Section 19.11. Waiver of Counterclaims. Tenant shall not impose any counterclaim or counterclaims in a summary proceeding or other action based on termination or holdover. Section 19.12. Waiver of Jury Vial. Landlord and Tenant hereby waive trial by jury in any actions, proceeding or counterclaim brought by either of the parties hereto against the other on, or in respect of any matter whatsoever arising out of or ire any way 17 connected with this Lease, the relationship of Landlord andl Tenant heerc de r, Tenant's use or occupancy of the Leased Premises andfor any claim of injury sents the Section 19.13. Entire A reernent. This pore ment repre negotiat ons tlor agreement between the parties hereto. There are representations, oral or written, other than as set forth herein. cause IN NVIT NESS WHEREOF, intending to be legally b6and se bto be y, thesTgna tb as ts duly the Lease to be signed and Landlord has caused this authorized officer or agent and has affixed its seal the day an? year first above written. ATTEST: (Ass.) Secretary ATTEST: LADY REMLIN, INC I Clai empel, President "Landlord" PRAPTI, LLC (Ass.) ecretary J, Sanjay R, Pate , Sole Member "Tenant" 18 Moor Flan St. Jahn"s Place Exhibit B REPAIR AND COMMON AREA Ivt?INTENANCE COSTS Common area maintenance costs shall inlude all ostsagand . pr tc uses curing, kind and nature as may be paid or incurred in op rating, P lighting, repairing7 replacing and maintaining the common arew managing. equipping, and (facilities) of the Center including but not lirtitled to, the cost and expense of; (a) operating. maintaining, repairtn& replacing, lighting, cleaning, sweeping, ities to. painting and resurfacing, of the common as ved slellarea lightingifaeildzsplighting and panting lots, curbs, gutters, sidewalks, paving. sound facilities, storm and sanitary drainage syste s, utility sprinkler fanId esecurity swalks gutters, system.(Genter signs on and off areas ?e=?clusve, of casualty toss replacement canopies. steps and ramps to ? covered by insurance); and sidewalks calculated (b) reserve for resurfacing of parking lot, curbs, gutters on a ten year life; (c) landscaping, maintenance of grass, treds and shrubbery; (d) premiums for all insurance maintained in connection with the Center, including, without limitation: the insurance referred to ip Article IX hereof; worker's compensation; sign insurance; and (if available) loss of rent insurance for up to a twelve month period; (e) security; (f) personal property taxes on equipment end systems in, pertaining to, or used in maintaining and operating the common and outdoor areas; (g) utility charges and other costs of lighti?g the common areas, the vehicle areas, signs and other like facilities; (h) vehicle line painting, and removal of s#iow and ice; (i) equipment, machinery and supplies izp the operation and maintenance of the common areas ( including cleaning and snow . moval equipment ) and of Center sign, fixtures and furnishings (including the cost of in petition and depreciation thereof unless the original cost was included in the common are maintenance costs); O)power and fuel for operating conuno area equipment and systems, and for operating vehicles and equipment used for cleaning, maintenance and snow removal; (k) salaries of personnel directly engager in operating, cleaning and maintaining the common areas (including security personne? and parking attendants) and all related payroll charges, benefits and taxes; (1) any management fees paid for the ma? agernent of the Center, not in excess of amounts paid for comparable Centers in the metropolitan area wherein the Center is located; (m) maintenance contracts for heating and air conditioning units; (n) sewer service for the Premises. 19 GU LADy REMI,yN, INC., a Pennsylvania C request of Sanjay R, Patel, sole member of PI to lease the premises within St Yohn's Place Hampden Township, Cumberland County, P1 doing business as Asian Indian Grocery & Sp, covenants and conditions set forth in t the Le same may be extended, amended and or sup] The creditor has undertaken to make this a4 other things, the security of this Guaranty. lberefore, I'll MNDING TO BE LEGA Creditor to make advances to Debtor, the of follows: L 2. 3. ion (`Creditor") has agreed at the , LLC and Linda A. Patel, his wife, L at 4401 Carlisle Pike, Camp Hill, ania to PRAPTI, LLC trading and )ebter" ), subject to the terms, rents, reement dated March 3, 2006 as the ed from time to time ("the Lease'). to Debtor in reliance upon, among Y 0UND BEREBY, and to induce the rsi ed Guarantor does hereby agree as SANJAY R. PATEL & LINDA A. A to Creditor and its assignees the pro becoming due from Debtor from and a account of default, or otherwise, and d including the obligations undertake n Guaranty may be enforced by Cred it Guaranty The liability of the Guarantor hereon i not be affected in any way by reason f any rights against any person or perso is such rights. The Guarantor hereby enforcement, and the Guarantor agre enforce any such rights shall in no a hereunder, even if such rights are the b The Guarantor hereby waives all o Guaranty except for notice of d d Guarantor further waives notice of al between Debtor and Creditor inclu in Creditor's acceptance hereof, and ' to amount, terms and conditions of the ag and of any past or future defaults the, eu the taking of, or failure to take, r Guarantor, any action of any nature , & between Debtor and Creditor, inelud g extensions, modifications, postpone en surrenders, exchanges and releases, d herein, notwithstanding any of the fo g benefit of all laws now or hereafter t the ability of the Guarantor here de defenses whatsoever to the Guarani % of (i) actual payment, (ii) dispute to Creditor under that agreements, (iii) EL hereby unconditionally guarantee nd punctual payment of all amounts r the date hereof, by acceleration on performance of all other obligations, the Debtor to the Creditor. This or any subsequent assignee of this absolute and unconditional and shall y failure to pursue, repay or preserve the lack of any prior enforcement of any right to require any such prior t any delay in enforcing or failure to affect the liability of the Guarantor es whatsoever with respect to this )r payment from the Guarantor, and ather agreements present and future but not being limited to notice of on to act in reliance herein, of the ements between Creditor and Debtor ler. The Guarantor hereby consents to time to time without notice to the Ioever with respect to the agreements ut not being limited to any renewals, compromises, indulgences, waivers, ie Guarantor shall remain fully liable ag. The Guarantor hereby waives the ect in any way limiting or restricting including without limitation (a) all ability hereunder except the defenses reach of the other obligations by the h of contract by Creditor; and (b) all rights to stay of execution and exemp 00 ? {of property in any action to enforce the liability of the Guarantor hereunder 4. In addition to all other liability of the tar hereunder, the Guarantor also agrees to pay on demand all costs and ( including reasonable counsel fees) which may be incurred in the ore ent of the agreements between Debtor and Creditor or the liability of a Guarantor or any assignee. No delay m making demand on the Guamato 4 performance of payment of the Guarantor's obligations hereunder s 1' ?rejudice the right to enforce said performance or payment. 5. The undersigned Guarantor further hereby empower any attorney of any court of record within the United Stat or elsewhere to appear for him, and after one or more declarations filed, rfess judgment against him as of any term for all sums due hereunder, with cAst of suit and reasonable attorneys' fees for collection and release of errois? and without stay of execution and inquisition and extension upon any le1?y' on real estate is hereby waived and condemnation agreed to, and the excrni t'bn of personal property from levy and sale on any execution herein is also he6e y expressly waived, and no benefit of exemption be claimed under and by vi of any exemption law now in force or which may be hereafter passed.: 6. This Guaranty is given in connection *ith and evidences the obligation of the undersigned to make payment in cone t'on with a commercial transaction. 7. In the evont of any one or more of th provisions contained in this Guaranty shall for any reason be held to be in lid, illegal and unenforceable in any respect, such invalidity or unwforceabi ity shall not affect any other provisions of this Guaranty, but this Guaranty shat be constructed as if such invalid, illegal or unenforceable provisions had never beep contained herein. IN WETNESS WIER.EOF, on this _day of March, 2406, IlV'I"ENDrNG TO BE LEGALLY BOUND, and to bind the executor, administrators, heirs, successors and assigns of the undersigned, as a Pb the C uarantor has cased this Guaranty to de duly executed and delivered. WITNESS: fa ! GUARANTORS '"Ir ' R P".( Sanjay R. Patel lAw+ q ' da A. Patel w LADY REMLYN, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2384 SANJAY R. PATEL & LINDA A. PATEL, CIVIL ACTION Defendants PRAECIPE FOR WRIT OF EXECUTION To The Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: SANJAY R. PATEL & LINDA A. PATEL, jointly and severally, Defendants; and 5345 Oxford Cincle, Apt M, Meek PA 1705!' (3) against: PNC Bank, Camp Hill, Pennsylvania, Garnishee; and (4) upon all property. of the defendant; and (5) and index this Writ (a) Against: SANJAY R. PATEL & LINDA A. PATEL, jointly and severally, Defendants, and (b) Against: PNC Bank, Camp Hill, Pennsylvania, as Garnishee 14,2ga CArlis(e pike (5) Amount Due $22,644.52 Interest and Costs 52.47 150.00 By: _ Name: Address: Attorney for: Pa. I.D. No.. The Law Offices of Michael Cherewka 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 LADY REMLYN, INC., Plaintiff 35073 DATED: July 28, 2008 9A to 0? 4'? ©- r ? .? t r .-¢ cU w ao WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2384 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LADY REMLYN, INC., Plaintiff (s) From SANJAY R. PATEL & LINDA A. PATEL, 5345 Oxford Circle, Apt 59, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all property of the defendant . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 4242 Carlisle Pike, Camp Hill, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,644.52 Interest $52.47 Atty's Comm % Atty Paid $54.50 Plaintiff Paid Date: 8/22/08 L.L. $.50 Due Prothy $2.00 Other Costs $150.00 244Pi-w C s R. ,r thou ary (Seal) By: Deputy REQUESTING PARTY: Name MICHAEL CHEREWKA, ESQUIRE Address: THE LAW OFFICES OF MICHAEL CHEREWKA 624 NORTH FRONT STREET WORMLEYSBURG, PA 17043 Attorney for: PLAINTIFF Telephone: 717-2324701 Supreme Court ID No. 35073 "NA16 SHERIFF'S RETURN - GARNISHEE WWW" IWO" CASE NO: 2008-02384 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LADY REMLYN INC VS PATEL SANJAY R ET AL And now MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 27th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PATEL SANJAY R in the hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SHERI GUTTSHALL (SALES CONSULTANT) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: So answers: Docketing Service .00 .00 1 Affidavit .00 0 Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County ?jj?glpy ? 00 09/08/2008 By Sworn and Subscribed to before me Depu y Sheriff this Day of , A. D. SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02384 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LADY REMLYN INC VS PATEL SANJAY R ET AL And now MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 27th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PATEL LINDA A hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SHERI GUTTSHALL (SALES CONSULTANT) personally 3 true and attested copies of the within in the WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: So answers: Docketing Service .00 .00 01' Affidavit .00 , Surcharge .00 R. Thomas Kline .00 heriff of Cumber n County .00 V 910 f/ b r `?'""? 09/08/2008 By ' Sworn and Subscribed to before me Deputy Sheriff this Day of A. D. -,r?Mrr ?.III1ii? ",OWN* .111?f? r?s - a?s?I R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL J LL 18.00 222.45 .50 2.00 17.00 50.00 40.00 9.00 $ 358.95 D Advance Costs: 358.95 Sheriff's Costs: 358.95 000.00 Refunded to Atty on 02/19/09 S?oA?nswers• 01 R. Thomas Kline, Sheriff By Claudia A. Brew aker i E :11 a qz 9PIN BUR ,a ?i 1 L ; ? G $4,6001 410U All a,119- ., n? J c u v? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2384 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LADY REMLYN, INC., Plaintiff (s) From SANJAY R. PATEL & LINDA A. PATEL, 5345 Oxford Circle, Apt 59, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all property of the defendant. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 4242 Carlisle Pike, Camp Hill, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fivm delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendaut(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $22,644.52 L.L. $.50 Interest $52.47 Atty's Comm % Atty Paid $54.50 Plaintiff Paid Due Prothy $2.00 Other Costs $150.00 Date: 8/22/08 (Seal) - (/!A Curti Lon By: z1- Deputy REQUESTING PARTY: Name MICHAEL CHNREWKA, ESQUIRE Address: THE LAW OFFICES OF MICHAEL CHEIREWKA 624 NORTH FRONT STREET WORMLEYSBURG, PA 17043 Attorney for: PLAINTIFF Telephone: 717-237-701 Supreme Court.ID No. 34073 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02384 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LADY REMLYN INC VS PATEL SANJAY R ET AL And now MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 27th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PATEL SANJAY R hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SHERI GUTTSHALL (SALES CONSULTANT) , personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: So answers: Docketing .00 Service .00 ? Affidavit .00 Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 09/08/2008 By _ /?, Sworn and Subscribed to before me Deputy Sheriff this Day of , •?ai i A. D. SHERIFF'S RETURN - GARNISHEE CASE NO:' 20087-02384 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LADY REMLYN INC VS PATEL SANJAY R ET AL And now MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0014:40 Hours, on the 27th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PATEL LINDA A in the hands, possession, or control of the within named Garnishee PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to SHERI GUTTSHALL (SALES CONSULTANT) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: So answers: Docketing Service .00 .00 ?i?iriw[ ? Affidavit .00 - I Surcharge .00 Thomas Kline R. .00 Sheriff of Cumber n County .00 f 09/08/2008 By Sworn and Subscribed to before me Deputy Sheriff this Day of A. D. LADY REMLYN, INC., : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008 - 2384 SANJAY R. PATEL &LINDA A. PATEL, CIVIL ACTION Defendant PRAECIPE TO MARK JUDGMENT SATISFIED To The Prothonotary: ISSUE Marls the judgment in the above-captioned matter satisfied of record upon payment of your costs only. Name: Address: Attorney for: Pa. I.D. No.: By: The Law Offices of Michael Cherewka 624 North Front Street Wormleysburg, PA 17043 (717) 232-4701 Lady Remlyn, Inc., Plaintiff 35073 DATED: September 5, 2008 OF THE PROTk-fjTARY 2019 APR -2 PM 12: 59 Cuma".. -: L,"%q IL i iv Y PE?NIN1,13,11V NAA *0..w Po A-rr/ w w 4ogS Zr* aa3l y i