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HomeMy WebLinkAbout13-0654IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ;-~ ~' ~_~.~ CIVIL ACTION -LAW ~ . i ~y~~^ ' a, ~ .~ C_.- J CL cn ~ ~ .. .,~~; „ , . --. ~ . _ Docket No. I ~j, (JlJ -<.:~, "' r.:~; .'`'- ~' .t~.~.w.'J y.J ~^. .w ---~ :. PRAECIPE FOR ASSESSMENT OF DAMAGES AND JUDGMENT BY CONFESSION FOR MONEY PURSUANT TO PA.R.C.P. 2951 ET. SEQ. TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 2971 et.seq., please assess damages and enter judgment against Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad, in the amount of $5,127.63 as follows: Principal Sum Other Authorized Items: (Attorney's Commission of not less than ~2,000.00~ By: $3,127.63 2 000.00 $5,127.63 DEEB, BLUM, MURPHY, FRISHBERG & MARKOV CH, P.C. Fran G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 {1296.052 00132060} 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February, 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY '_k ;,~, G~ --~- ~ -n r~;x., ~ • ~ .~ ~ CIVIL ACTION -LAW ~, . ~r r J ~ Docket No. I ~. ~ ~ G 1Vf~ ~'~ • ~~ Defendant. PRAECIPE FOR JUDGMENT BY CONFESSION FOR POSSESSION PURSUANT TO PA R C P 2971 ET SEO TO THE PROTHONOTARY: t .~ ~. (`F"', ~.. ~,._- ,.F.t ti_,i c~a ~._ . ~. -.~= c~ c'`' _~ Cf~ ~. ---~ .. Pursuant to Pa.R.C.P. 2971 et.seq., please enter judgment against Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad, for possession of the following premises: Approximately 1,900 square feet of commercial space located at 5205 Simpson Ferry Road, Suite 18, at the East Gate Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being utilized as a Moroccan restaurant known as Sahara. DEEB, BLUM, MURPHY, FRISHBERG 8~ MARK VICH, P.C. ,(~--~. By: ~ L ~ Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 {1296.052 00132060} (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February 7 , 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW Docket No.~ ~- `Q Jy Ul CONFESSION OF JUDGMENT FOR POSSESSION ~.:~ ~., =:~, ~.~ .+y= ..^.~i ~ ~ i r ~r ~ ~ ~=' c-, ~ ~ _<~ ~, , .~.~ cn ~' Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, we appear for the Defendant and confess judgment in ejectment in favor of the Plaintiffs and against the Defendant for the possession of the real property described as follows: Approximately 1,900 square feet of commercial space located at 5205 Simpson Ferry Road, Suite 18, at the East Gate Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being utilized as a Moroccan restaurant known as Sahara. DEEB, BLUM, MURPHY, FRISHBERG 8ti MARK CH, P.C. By: Frank G. Murphy, Esquire D No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 Judgment me As ve (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. .. Prothonotary / ~p /~ {1296.052 00132060} 1~ ~ ~ ~}-- ~?3(y 7~ ~ ~~(~~ ~ ? I(~~ ~ i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW r r Docket No. ~• (/~ y "~ ~ -n _y , ' ~~V l ~ r~ . r ,, . ~ ~ ~? ~' • --~ ~'. CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, we appear for the Defendant and confess judgment in favor of the Plaintiffs and against the Defendant as follows: Principal Sum $3,127.63 Other Authorized Items: 2 000.00 (Attorney's Commission of not less than ~2,000.00- $5,127.63 DEEB, BLUM, MURPHY, FRISHBERG 8s MARKOVICH, P.C. By: Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 Judgme En d ove (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. .~ Pro onotary ' n { 1296.052 00132060 } /'`~ ~ ~ ~`~ '~~ a~a~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. CIVIL ACTION -LAW ~-~, mss Docket No. ~ ~i . / ,~ ~ / fit/ ~,,3 r- 1 (fI J ~ ~ D . ~' r, c~ ±~~ w "'r'1 *t c~ ~~ 0 COMPLAINT FOR CONFESSION OF JUDGMENT UNDER PENNSYLVANIA RULES OF CIVIL PROCEDURE 2950, ET SEQ. .~ C~l~ `~. `_ c:: ~- Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd., as tenants in common, by and through their undersigned attorneys, file this Complaint for judgment by confession pursuant to Rules 2950 et seq., of the Pennsylvania Rules of Civil Procedure and, in support hereof, state as follows: THE PARTIES 1. Plaintiff, PR Real Estate, LLC is a Pennsylvania limited liability company with a principal place of business located at 491 Old York Rd., Suite 200, Jenkintown, Pennsylvania. 2. Plaintiff, Home Elite Ltd. is a Pennsylvania corporation with a principal place of business located at 491 Old York Rd., Suite 200, Jenkintown, Pennsylvania. {1296.052 00132060} 3. Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad, is an adult individual with a last known address of 4412 Gettysburg Road, Apt. 8, Camp Hill, FA 17011. 4. Plaintiffs, PR Real Estate, LLC and Home Elite Ltd. (hereinafter collectively "Plaintiffs/Landlords"), as tenants in common are the record owners of a retail shopping center known as East Gate Shopping Center, located in Cumberland County at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055. 5. Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad (hereinafter "Defendant/Tenant"), is in occupancy and possession of approximately 1,900 square feet of Plaintiffs/Landlords' commercial space located in Suite 18 of the East Shopping Center, located in Cumberland County at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055, which is allegedly being utilized as a Moroccan restaurant known as Sahara (the "Property" ) COUNT I FOR JUDGMENT OF MONEY (PAST RENT OWED) Pa.R.C.P. 2950 et seq. 6. Plaintiffs/Landlords incorporate by reference the foregoing paragraphs as if fully set forth herein at length. 7. The owners of the Property are Plaintiffs/Landlords. As amended, the Defendant/Tenant leases the Property from Plaintiffs/Landlords for commercial use pursuant to a written agreement (as the same has been amended, assigned, restated, or otherwise modified through the date hereof, "Lease"). (A copy representing a true and correct reproduction of the original Lease is attached hereto, incorporated herein and marked as Exhibit A) . {1296.052 00132060} 8. The terms of Lease include a confession of judgment clause/warrant of attorney signed by the Defendant/Tenant. (See Exhibit A, Lease, ¶ 68). 9. Pursuant to the terms of the Lease, during the relevant time period, the Defendant/Tenant is required to pay to the Plaintiffs/Landlords a monthly fixed Minimum Rent as well as Additional Rent, consisting of common area maintenance, taxes and insurance. (See Exhibit A, Basic Lease Provisions, §~ 6, 12). 10. Defendant/Tenant has defaulted on his obligations under the Lease by virtue of his failure to pay Plaintiffs/Landlords Minimum Rent and other sums owing in the amount of $3,127.63 (as of February 1, 2013). 11. Plaintiffs/Landlords have made formal written demand for payment. 12. By letter dated December 12, 2012 (the "Default Letter"), Plaintiffs/Landlords notified Defendant/Tenant of his failure to comply with rental obligations owed under the Lease. By the Default Letter, Plaintiffs/Landlords further advised Defendant/Tenant that, unless payment in full of the amounts owing under the Lease was made, Plaintiffs/Landlords would exercise any and all rights and remedies available to Plaintiffs/Landlords for non-payment of rent, including confession of judgment. 13. As of the date hereof, the Defendant/Tenant has not cured his default. 14. Under the Lease, the Plaintiffs/Landlords are empowered to confess judgment against Defendant/Tenant for all back rent owed. (See Exhibit A, Lease ~ 68(B)). 15. Under the Lease, Plaintiffs/Landlords are also entitled to recover from the Defendant/Tenant an attorney's commission of not less than $2,000.00. (See Exhibit A, Lease § 68(B)). {1296.052 00132060} 16. Thus, as of this date, the amounts due and owing by the Defendant/Tenant to Plaintiffs/Landlords under the Lease are as follows: Unpaid Rent $3,127.63 (including Minimum Rent and Additional Rent) Attorney's Commission 2 000.00 $5,127.63 1.7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 18. No judgment has been entered on the Lease in any jurisdiction. ].9. The Warrant of Attorney is less than twenty (20) years old. WHEREFORE, Plaintiffs/Landlords, hereby demand judgment by confession in the amount of $5,127.63 against Defendant/Tenant, as authorized by the warrant of attorney appearing in the attached Lease, together with such other and further relief as the Court may deem proper. COUNT II FOR POSSESSION Pa.R.C.P. 2970 et seq. 20. Plaintiffs/Landlords incorporates by reference the foregoing paragraphs as if fully set forth herein at length. 21. A Warrant of Attorney to confess judgment for possession is also contained in the Lease. (See Exhibit A, Lease, ~ 68(A)). 22. Pursuant to the terms of the Lease, Plaintiffs/Landlords may confess judgment for possession against Defendant/Tenant upon default under the Lease. (See Exhibit A, Lease, § 68(A)). Defendant/Tenant is in default, as set forth supra, and has failed to cure said default. {1296.052 00132060} 23. Plaintiffs/Landlords duly served Defendant/Tenant with a proper 10-day Default Letter, which included a notice to the Defendant/Tenant of Plaintiffs/Landlords' intent to file a confession of judgment, pursuant to § 68 of the Lease. 24. By virtue of the foregoing default, Plaintiffs/Landlords are entitled to possession of the Property as follows: Approximately 1,900 square feet of commercial space located at 5205 Simpson Ferry Road, Suite 18, at the East Gate Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being utilized as a Moroccan restaurant known as Sahara. 25. The judgment is not being entered against a natural person in connection with a residential lease. WHEREFORE, Plaintiffs/Landlords hereby demand a judgment by confession in ejectment against Defendant/Tenant for recovery of possession of the Property, as authorized by the warrant of attorney appearing in the attached Lease, together with such other and further relief as the Court may deem proper. DEEB, BLUM, MURPHY, FRISHBERG & MARKOVICH, P.C. Frank G. Murphy, Esquire I~ No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February ~, 2013 {1296.052 00132060} VERIFICATION I, Scott Homel, state that I am authorized to make this Verification on behalf of the Plaintiffs/Landlords, and that the facts set forth in the preceding Complaint are true and correct to the best of my information and belief. This Verification is made with knowledge of the penalties contained in 18 PaCSA § 4904, relating to unsworn verification to authorities. By: - Scott Homel, on alf of Plaintiffs, PR Real Esta e, ---° Home Elite, Ltd. Dated: February', 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, {1296.052 00132060} EXHIBIT A ~ S BASIC LEASE PROVISIONS The following Basic Lease Provisions embody the agreement of the parties hereto, subject to further terms and conditions set forth elsewhere in this Lease. Should the terms set forth below differ from any term or condition in the Lease, then the Lease shall be deemed controlling. Parties: Landlord: PR REAL ESTATE, LLC & HOME ELITE, LTD, AS TENANTS IN COMMON Tenant: ASAD MAHAD Leased Premises or Premises: EAST GATE SHOPPING CENTER MECHANICSBURG, PA SUITE #18 (1) Term: Five (5) Years + 1~ 0~'+C ~~'~ (2) Date for Delivery of Possession: June 15, 2009 T~~~ ~~ (3) Rent Commencement Date: -3tme-i~,-~999-- 7 ~ ~ 'Z ~d9 (4) Beginning of Term: June 15, 2009 3~'= (5) Lease Expiration Date: 5 Years following Beginning of Term or June J~,2014 (6) Lease Year & Base Rent: First Month: ~?~..Y , tes4~ Months 2-12: Months 13-24 Months 25-36 Months 37-48 Months 49-60 (7) Option Term: (8) Option Term Base Rent: (9} Gross Square Feet of the Leased Premises: (10) Gross Square Feet of Building(s) in the Shopping Center Or Center (the "Rentable Area"): $0.00 $950.00/mo $950.00/mo $978.50/mo $1,007.86/mo $1,038.10/mo One (1), one (1) Year Option to renew with 180 Days prior written notice; Time is of the essence. $1,069.23 per month 1,900 t square feet 36,000 square feet Lease Tetnplate PA `' i , (11) Tenant's Proportionate Share: (12) Additional Rent: (13} Tenant's Trade Name: (14} Security Deposit: (15) Use: (16) Execution Deadline: (17) Delivery Condition: (18) Rent: (19) Trash Removal: (20) Percentage Rent: (2I) Notices: (22) Lease Exhibits: 5.28% Tenants full Proportionate Share: CAM, Taxes, Insurance. First Year Estimated CTI = $504.56 per month To be determined $950.00 Meeting Place June 12, 2009 As-Is, Where-Is. With all faults. 'The Base Rent plus any and all Additional Rent charges under the Lease. Tenant responsible for its own trash removal N/A If To Landlord: PR Realty, LLC & Home Elite, Ltd C/O Pintzuk Brown Realty Group, Inc. 491 OId York Rd, Suite 200 Jenkintown, PA 19046 If to Tenant: AHSAD MAHAD A, A-1, B, C, D, E, F, G, H, I, J, Schedule I and Schedule II 2 ~, This Agreement is made on June , 2009 BETWEEN PR REAL ESTATE, LLC & HOME ELITE, LTD, AS TENANTS IN COMMON residing or located at c% Pintzuk Brown Realty Group, Inc, 491O1d York Rd, Suite 200, Jenkintown, PA 19046 herein designated as the "landlord," AND AHSAD MAHAD With a registered address o~ (need this) herein designated as the "Tenant." 1. Leased Premises. The Landlord does hereby lease to the Tenant and the Tenant does hereby rent from the Landlord, the Leased Premises (also know n as the „Premises") as described in the Basic Lease Provisions, supra. 2. Term. The landlord does hereby lease to the Tenant and the Tenant does hereby rent from the Landlord, the Leased Premises for the Tenn as described in the Basic Lease Provisions,supra. 3. Use of Premises and Common Areas. Tenant shall in good faith continuously throughout the Term of this Lease conduct and carry on in the entire Premises the type of business described in Article 15 of the Basic Lease Provisions using Tenant's trade name, and the Premises shall not be used for any other purpose. Tenant specifically agrees that its use of the Premises shall never violate any of the restrictions set forth on Exhibit "D" attached hereto. Tenant shall not sell, display or solicit sales in the Common Areas. Tenant shall not use or permit the use of any vending machines or public telephones on, at, or about the Premises without the prior written consent of Landlord. Tenant shall not commit waste, perform any acts or carry on any practices which may injure the Shopping Center or be a nuisance or menace to other tenants in the Shopping Center. Tenant shall operate its business in a dignified manner and in accordance with high standards of store operation so as to maintain a character in keeping with the rest of the Shopping Center, at all times when the Premises are open for business with the public, keep the Premises properly equipped with fixtures, stocked with an adequate supply of merchandise and attended by adequate personnel. In the use and occupancy of the Premises and with respect to conditions created at Tenant's request, or as a result of Tenant's performance or breach of any of its obligations hereunder or any fault of Tenant, Tenant shall, at Tenant's expense, comply with all laws and ordinances and all valid rules and regulations and all directives, orders and citations of federal, state, county and municipal authorities having jurisdiction over the Premises, including without limitation the Americans with Disabilities Act and all requirements of any insurance company and any public or private agency having authority over insurance rates. Notwithstanding the foregoing, Tenant shall not be required to make structural alterations to the Premises or the Shopping Center, including but not limited to widening or or adding accessways or curb cuts, nor shall Tenant be required to add spinklers or upgrade the electrical service to the Premises, it being agreed that the rest of said alterations if required by governmental authority shall be completed at Landlord's expense. The previous sentence shall onty apply to items that are not required due to Tenant's unique Use of the premises. 4. Rent. The Tenant agrees to pay Rent and Additional Rent to Landlord per the schedule shown in Article 6 and 12 of the Basic Lease Provisions, supra. Rent is due on the fast day of each month. The first payment of Base Rent, Additional Rent, and Security Deposit are due upon the signing of the Lease by the Tenant. The Tenant must pay a late charge often percent as additional rent for each payment that is more than 10 days late. This late charge is due with the monthly rent payment. The Tenant must also pay a fee of $25.00 as additional rent for any dishonored check. 5. Late Charge_ Other remedies for non-payment of Rent notwithstanding, if any payment due Landlord by Tenant which does not have a scheduled due date is not received by Landlord on or before the tenth (10th) day following the date Tenant's rent was due therefore, a late charge often percent (10%) of such past due amount shall be immediately due and payable as Additional Rent hereunder and interest shall accrue on all delinquent amounts from the date past due until paid at the lower of a rate of one and one-half percent (1-1/2%) per month or fraction thereof from the date such payment is due until paid (Annual Percentage Rate = 18%), or the highest rate permitted by applicable law. 6. Partial Payment. No payment by Tenant or acceptance by Landlord of an amount less than the Rent herein stipulated shall be deemed a waiver of any other Rent due. No partial payment or endorsement on any check or any letter accompanying such payment of Rent shall be deemed an accord and satisfaction, but Landlord may accept such payment without prejudice to Landlord's right to collect the balance of any Rent due under the terms of this Lease or any late charge assessed against Tenant hereunder. 7. RepairslAlterations.The Tenant has examined the Leased Premises and has entered irrto this Lease without any representation on the part of the Landlord as to the condition thereof (a) Repairs By Landlord. Landlord shall keep the foundation, the roof and the exterior walls of the Premises (except plate glass, doors, door closures, door frames, store fronts, windows and window frames located in exterior building walls) in good repair, and Tenant shall pay, as additional rent, the cost of any such repairs occasioned by the act or neglect of Tenant, its assignees, sublessees, servants, agents, employees, invitees, licensees, or concessionaires, or the servants, agents, employees, invitees, licensees, or concessionaires of Tenant's assignees or sublessees, and the cost to repair any damage caused by or as a result of Tenant's occupancy of Premises, or any damage caused by break-in, burglary, or other similar acts in or to the Premises, within ten (10) days after demand for payment by Landlord. In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord, and Landlord shall not be responsible in 1 any way for failure to make any such repairs until a reasonable time shall have elapsed after the giving of such written notice. Landlord may elect by giving notice thereof to Tenant, to require Tenant within a reasonable time and at Tenant's expense, to make any repairs that Landlord is required to make at Tenant's expense under this Section, and in such event Tenant shall not be required to pay the cost thereof to Landlord as additional rent (b) Repairs By Tenant_ Tenant shall, at its sole cost and expense, keep the Premises in a safe, sightly, and serviceable condition; Tenant shall at its sole cost and expense supply a dumpster for Tenants Trash ;Tenant shall keep the premises free from any infestation by insects, rodents, or other pests, and, except as provided in this Section ,make all needed maintenance, repairs, and replacements for the proper operation of Tenant's business within the Premises, including all maintenance, repairs, and replacements to: (i) the heating, ventilating, and air conditioning systems serving the Premises; (ii) the exterior and interior portion of all doors, windows, window frames, plate glass, door closures, door frames and store fronts including exterior signage; (iii) all plumbing and sewage facilities within the Premises, including free flow up to the connection to the main sewer line,; (iv) all fixtures within the Premises; (v) all electrical systems serving the Premises {whether or not located within the Premises); (vi) DELETED; (vii) all interior walls, floors, and ceilings; (viii) any of the Tenant's Work; (ix) DELETEDand (x) all necessary repairs and replacements of Tenant's trade fixtures required for the proper conduct and operation of Tenant's business. ff at any time and from time to time during the Term, and any extensions and renewals thereof, Tenant shall fail to make any maintenance, repairs, or replacements in and to the Premises as required in this Lease, Landlord shall have the right, but not the obligation, to enter the Premises and to make such maintenance, repairs, and replacements for and on behalf of Tenant, and all sums expended by Landlord for such maintenance, repairs, and replacements shall be deemed to be additional rent hereunder and shall be payable to Landlord upon demand. At the termination of this Lease, Tenant shall surrender the Premises in good condition, reasonable weaz and tear and loss by fire or other casualty alone excepted. Tenant shall keep in force a standard maintenance agreement on all heating, ventilating, and air conditioning systems serving the Premises with a reputable heating and air conditioning service organization which shall be subject to Landlord's approval and shall provide a copy of said maintenance agreement to Landlord for its approval. Notwithstanding the above, Tenant shall be responsible for maintaining at all times during the Term an HVAC Maintenance contract and. shall be responsible in any event for HVAC repair. 8. Compliance with Laws etc. The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements and directives of the Federal, State and Municipal Governments or Public Authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the said premises, their use and occupancy, (including, without limitation, the Americans with Disabilities Act) for the correction, prevention and abatement of nuisances, violations or other grievances in, upon or connected with the said premises, during the term hereof; and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said premises and its contents, for the prevention of fire or other casualty, damage or injury, at the Tenant's own cost and expense. Notwithstanding the foregoing, Tenant shall not be required to make structural alterations to the Premises or the Shopping Center, including but not limited to widening or or adding accessways or curb cuts, nor shall Tenant be required to add spinklers or upgrade the electrical service to the Premises, it i being agreed that the rest of said alterations if required by governmental authority shall be completed at Landlord's expense. The previous sentence shall only apply to items that are not required due to Tenant's unique Use of the premises. 9. Assignment. The Tenant shall not assign, mortgage or hypothecate this Lease, nar sublet or sublease the Leased Premises or any part thereof nor occupy or use the Leased Premises or any part thereof, nor pem~it ar suffer the same to be occupied ar used for any purposes other than as herein limited, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty. 10. Destruction or Damage by Casualty. (a) Tenant shall give immediate written notice to Landlord of any damage to the Premises caused by fire or other casualty, and if Landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Premises. Notwithstanding the foregoing, in the event that: (i) the insurance proceeds payable in connection with such damage and destruction shall be insufficient to make such restoration; (ii) the building in which the Premises are located shall be destroyed or substantially damaged by casualty not covered by standard fire or extended coverage insurance; (iii) such building shall be destroyed or rendered untenantable by any casualty to the extent of at least fifty percent (50%) of the Rentable Area of such building; (iv) Landlord shall not have actual and unconditional receipt of the insurance proceeds payable in connection with such damage and destruction; (v) the holder of any mortgage, deed to secure debt, deed of trust, or other instrument in the nature thereof which encumbers Landlord's interest hereunder or in the Premises shall require that such proceeds shall be applied against any indebtedness owed to such holder; or (vi) there shall be less than two (2) years remaining in the Term, or any extension or renewal thereof, then, in any of such events, Landlord may elect either to terminate this Lease or to proceed to rebuild and repair the Premises. Landlord shall give written notice to Tenant of such election within ninety (90) days after the occurrence of such casualty. (b) Landlord's obligation to rebuild and repair the Premises under this Section shall in any event be limited to restoring Landlord's work to substantially the condition in which the same existed prior to the casualty, modified, to the extent necessary, to comply with current law or regulation and Tenant agrees that promptly after the completion of such work by Landlord, Tenant will proceed with reasonable diligence and at Tenant's sole cost and expense to restore Tenant's work and all alterations, additions and improvements done by Tenant within the Premises to substantially the condition in which the same existed prior to the casualty. (c) Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the operation of its business within the Premises to the extent practicable. During the period from the occurrence of a casualty until Landlord's repairs are completed, the Rent shall be reduced and abated in proportion to the amount of Rentable Area of the Premises which is rendered untenantable as a result of such casualty; provided, however, that if such damage or destruction is caused by the intentional or negligent acts or omissions of Tenant, its assignees, sublessees, servants, agents, employees, invitees, licensees, or concessionaires, or the servants, agents, employees, invitees, licensees, or concessionaires of Tenant's assignees or sublessees, then, and in that event, the Minimum Rent shall not abate. Tenant shall not be entitled to and hereby waives, releases, and relinquishes any and all claims against Landlord for any compensation or damage for loss of use of all or any part of the Premises or for any inconvenience or annoyance occasioned by any such damage, destruction, repair, or restoration of the Premises. (d) Tenant agrees at all times at its expense to keep its merchandise, fixtures, Tenant's Work, all alterations, additions and improvements done by Tenant within the Premises and Tenant's other property situated within its Premises insured by "All Risk" insurance in an amount equal to its full replacement value. Such insurance shall be carried with companies reasonably satisfactory to Landlord. Such insurance shall be non-cancelable and non-amendable except after ten (10) days written notice to Landlord. Such policies or duly executed certificates of insurance with respect thereto shall be delivered to Landlord, together with evidence of payment of the premium therefore, prior to the Rent Commencement Date and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration of the respective policy terms. The proceeds of such insurance shall be payable to Landlord and Tenant, jointly, for use by Tenant only, except with the consent of Landlord, for the repair or replacement of merchandise, fixtures, Tenant's Work, or other property which was situated within the Premises, (e) In the event that fifty percent (50%) or more of the Rentable Area of the Shopping Center shall be destroyed or substantially damaged by any casualty, notwithstanding that the Premises maybe unaffected by such casualty, Landlord may terminate this Lease by giving the Tenant thirty (30) days prior written notice of Landlord's election to do so, which notice shall be given, if at all, within ninety (90) days following the date of such occurrence. Rent shall be adjusted as of the date of such termination. 11. Damage or Theft of Personal Property. All personal property brought into the Premises shall be at the risk of the Tenant only and Landlord shall not be liable for theft thereof or any damage thereto occasioned by any acts of co-tenants, or other occupants of the Building, or any other person, except, with respect to damage to the Premises, as may be occasioned by the grossly negligent or willful act of the Landlord, its employees and agents. 12. "As Ls." The Tenant has inspected the Leased Premises and agrees that tbe Leased Premises is in satisfactory condition. The Tenant accepts the Leased Premises "as is." 13. Alterationsand/or Improvements. No alterations, additions os improvements shall be made, and no climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy equipment, apparatus and fixtures, shall be installed in or attached to the Leased Premises, without the written consent of the Landlord. Unless otherwise provided herein, all such alterations, additions or improvements and systems, when made, installed in or attached to the said premises, shall belong to and become the property of the Landlord and shall be surnendered with the Leased Premises and as part thereof upon the expiration or sooner termination of this lease, without hindrance, molestation or injury. If Landlord gives its written consent to any such alterations, additions or improvements and systeans, all work and improvemants shall be performed by Tenant in a,: cardax~e with applicable local, state and federal laws, including obtaining permits and a certificate of occupancy for the work and improvements. 14. Inspection and Repair. The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter irrto and upon the said premises or any part thereof, at all reasonable hours, for the purpose of Pxa,,,ining the same or malting such repairs or alterations therein as may be necessary for the safety and p~ervation thereof. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part ofthe Landlord to make such inspection or repairs. 15. Right to Ead~ibit. The Tenant agrees to permit the Landlord and the Landlord's agenL~s, employees or other representatives to show the Leased Premises to persons wishing to rent or purchase the same, and Tenant agrees that on and after 180 days next preceding the expiration of the term hereof, the Landlord or the Landlord's agents, employees or other r~presantabves shall have the right to place notices on the front of said premises or any part thereof, offering the Leased Premises for rent or for sale; and the Tenant hereby agrees to pemut the same to remain thereon without hindrance or molestation. Nothwithstanding the above, if no Option Terms remain, Landlord may exhibit the premises on and after 180 days next precceding the expiration of the Tenn. 16. Glass, etc. Damage, Repairs. In ~ of the destruction of or a~ damage to the glass in tbe I.eased Premises, or the destruction of or damage of any kind whatsoever to the said premises, caused by the carelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors, the Tenant shall repair the said damage or replace or restore any destroyed parts of the Leased 1'r~nises, as speedily as possible, at the Tenant's awn cost and expense. 17. Signs. The Tenant shall not place nor allow to be placed any signs of any kind whatsoever, upon, in or about the said premises or any part thereof, except of a design and shuchue and in or at such places as may be indicated and consented to by the Landlord in writing. In case the Landlord or the Landlord's agents, employees or representatives shall deem it necessary to remove any such signs in order to paint or make any repairs, alterations or improvements in ar upon said premises or any part thereof, they may be so removed, but shall be replaced at the Landlord's expense when the said repairs, alterations or improvements shall have been completed Any signs permitted by the Landlord shall at all times conform with all municipal ordinances or other laws and regulations applicable thereto. 18. Non-Iaabr7ity of Landlord 1'he Landlord shall not be liable for any damages or injury which may be sustained by the Tenant or any other person, as a consequence of the faihme, breakage, leakage or obstnrction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, down-spouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air-conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other Tenant or this or any other Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to any interference with, intemrption of or failure, beyond the control of the Landlord, of any services to be furnished or supplied by the Landlord. 19. Mortgage Priority. (a) Tenant agrees that this Lease shall be subject and subordinate: (i) to any mortgage, deed of trust or other security interest now encumbering the Shopping Center and to all advances which maybe hereafter made, to the full extent of all debts and charges secured thereby and to all renewals or extensions of any part thereof, and to any mortgage, deed of trust or other security interest which any owner of the Shopping Center may hereafter, at any time, elect to place on the Shopping Center, (ii) to any assignment of Landlord's interest in the leases and rents from the Shopping Center which includes the Lease which now exists or which any owner of the Shopping Center may hereafter, at any time, elect to place on the Shopping Center; and (iii) to any Uniform Commercial Code Financing Statement covering the personal property rights of Landlord or any owner of the Shopping Center which now exists or any owner of the Shopping Center may hereafter, at any time, elect to place on the foregoing personal property (all of the foregoing instruments set forth in (i), (ii) and (iii} above being hereafter collectively referred to as "Security Documents"). Tenant agrees upon request of the holder of any Security Documents ("Holder") to hereafter execute any documents which the counsel for Landlord or Holder may reasonably deem necessary to evidence the subordination of the Lease to the Security Documents. Within ten (10) days after request therefore, if Tenant fails to execute any such requested documents, Landlord or Holder is hereby empowered to execute such documents in the name of Tenant evidencing such subordination, as the act and deed of Tenant, and this authority is hereby declared to be coupled with an interest and not revocable. (b) In the event of a foreclosure pursuant to any Security Documents, Tenant shall at the election of the Landlord, thereafter remain bound pursuant to the terms of this Lease as if a new and identical Lease between the purchaser at such foreclosure ("Purchaser"}, as landlord, and Tenant, as tenant, had been entered into for the remainder of the Term hereof and Tenant shall attorn to the Purchaser upon such foreclosure sale and shall recognize such Purchaser as the Landlord under the Lease. Such attornment shall be effective and self-operative without the execution of any further instrument on the part of any of the parties hereto. Tenant agrees, however, to execute and deliver at any time and from time to time, upon the request of Landlord or of Holder, any instrument or certificate that may be necessary or appropriate in any such foreclosure proceeding or otherwise to evidence such attornment. (c) If the Holder of any Security Document o the Purchaser upon the foreclosure of any of the Security Documents shall succeed to the interest of Landlord under the Lease, such Holder or Purchaser shall have the same remedies, by entry, action or otherwise for the non-performance of any agreement contained in the Lease, for the recovery of Rent or for any other default or event of default hereunder that Landlord had or would have had if any such Holder or Purchaser had not succeeded to the interest of Landlord. Any such Holder or Purchaser which succeeds to the interest of Landlord hereunder, shall not be: (a) liable for any act or omission of any prior Landlord (including Landlord) unless such act or omission is of a continuing nature; or (b} subject to any offsets or defenses which Tenant might have against any prior Landlord (including Landlord); or (c) bound by any Rent which Tenant might have paid for more than the current month to any prior Landlord (including Landlord); or (d) bound by any amendment or modification of the Lease made without its consent. (d) Notwithstanding anything to the contrary set forth in this Section, the Holder of any Security Documents shall have the right, at any time, to elect to make this Lease superior and prior to its Security Document. No documentation, other than written notice to Tenant, shall be required to evidence that the Lease has been made superior and prior to such Security Documents, but Tenant hereby agrees to execute any documents reasonably requested by Landlord or Holder to acknowledge that the Lease has been made superior and prior to the Security Documents. 20. Security. The Tenant has this day deposited with the Landlord the sum as shown in Article 14 of the Basic Lease Provisions as security for the payment of the rent hereunder and the full and faithful performance by the Tenant of the covenants and amditions on the part of the Tenant to be performed. Said sum shall be returned to the Tenant, without interest, after the expiration of the term hereof provided that the Tenant has fully and faithfully performed all such covenants and conditions and is not in arrears in rent. During the team hereof, the Landlord may, if tbe Landloni so elects, have recourse to such security, to make good any default by the Tenant, in which event the Tenant shall, on demand, promptly restore said security to its original amount. Liability to repay said security to the Tenant shall nm with the reversion and title to said premises, whether any change in ownership thereof be by voluntary alienation or as the result of judicial sate, foreclosure or other proceedings, or the exercise of a right of taking or entry by any mortgagee. The Landlord shall assign or transfex said security, for the benefit of tbe Tenant, to any subsequent owner or holder of the reversion or title to said premises, in which case the assignee shall become liable for the repayment thereof as herein provided, and the assignor shall be deemed to be released by the Tenant from all liability to return such security. This provision shall be applicable to every alienation or change in title and shall in no wise be deemed to permit the Landlord to retain the security after termination of the Landlord's ownership of the reversion or title. The Tenant shall not mortgage, encumber or assign said security without the written consent of the Landlord. 21. Increase of Insurance Rates. If for any reason it shall be impossible to obtain fire and other hazard insurance on the buildings and improvements on the Leased Premises, at standard rates and in the form and in ti insurance companies reasonably acceptable to the Landlord, the Landlord may, if the Landlord so elects at any time thereafter, terminate this lease and the term hen~f, upon giving to the Tenant sixty (60) days notice in writing of the Landlord's intention so to do, and upon the giving of such notice, this lease and the terns thereof shall terminate. If by any reason of the use to which the Leased Premises are put by the Tenant or character of ar the manner in which the Tenant's business is carried on, the insurance rates for fire and other hazards shall be increased, the Tenant shall upon demand, pay to the Landlord, as rent, the amounts by which the premiums for such insurance are ina~eased. Such payment shall be paid with the next installment of rent but in no case later than one month after such demand, whichever occurs sooner. 22.. Uh"Iities.The Tenant shall pay when due all the rents or charges for water, sewer, gas and electricity used by the Tenant, which are or may be assessed ar imposed upon the Leased Premises or which are ar may be charged to the Landlord by the suppliers thereof during the term hereof, and if not paid, such rents or charges shall be added to and become payable as additional rent with the in~atlment of rent next due or within 30 days of demand therefor, whichever occ~us sooner. Tenant shall contract Directly with the electrical and gas supplies for these utililities. Tenant shall arrange and pay for all utilities and services required in the Leased Premises, including but not limited to, (a) electric, (b) heat, (c) gas, (d) water and (e) sewer services. Landlord shall not be responsible for interruption or impairment of service or utility. 23. Condemnation & Eminent Domain. In the event the entire Premises shall be taken by condemnation or right of eminent domain, this Lease shall terminate as of the day possession shall be taken by the taking authority and Landlord and Tenant shall be released from any further liability hereunder. In the event only a portion of the Premises shall be taken by condemnation or right of eminent domain and the portion so taken renders the balance unsuitable for the purpose of this Lease, either Landlord or Tenant shall be entitled to terminate this Lease, such termination to become effective as of the day possession of the Premises shall be taken, provided notice of such termination is given within thirty (30) days after the date of notice of such taking. If, in such case, this Lease is not terminated, Landlord agrees to restore the Premises with reasonable speed to an architectural unit as nearly like its condition prior to such taking as shall be practicable. If during and/or after the work of restoration, Tenant shall be deprived of the use of all or any portion of the Premises, a proportionate adjustment in the Base Rent and Additional Rent shall be made corresponding to the time during which and the portion of the Premises of which Tenant is so deprived. All damages awarded in connection with the taking of the Premises, whether allowed as compensation for diminution in value to the leasehold, to the reversion and fee of the Premises, to Tenant's leasehold improvements or otherwise, shall belong to Landlord. Notwithstanding the foregoing, Tenant shall be entitled to make a separate claim to the condemning authority for damage to merchandise and fixtures, removal and reinstallation costs, and moving expenses. 24. Abandonment of Premises: Tenant agrees not to abandon or vacate the Premises during the Term of this Lease. ff Tenant does abandon or vacate the Premises for more than ninety (90) days, Landlord may terminate this Lease, by written notice to Tenant at any time prior to Tenant reoccupying the Premises, but such termination shaIl not entitle Landlord to pursue any other remedies unless an Event 10 of Default then exists, in which case Landlord may pursue any and all remedies provided by this Lease, at law or in equity. 25. Default. If Tenant shall default in the payment of Rent, Additional Rent, or any Sum ;herein reserved when due and fails to cure such default within ten (10) days after written notice of such default is given to Tenant by Landlord; or if Tenant shall be in default in performing any of the terms or provisions of this Lease other than the provisions requiring the payment of Rent, and fails to cure such non-monetary default within thirty (30) days after written notice of such default is given to Tenant by Landlord, provided however that if such non-monetary default is of such a nature that it cannot through the exercise of diligent and reasonable efforts be cured within thirty (30) days, then Tenant shall not be in default in such instance if Tenant promptly commences and diligently pursues the cure of such non-monetary default to completion as soon as possible or if Tenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Tenant's property and such receiver is not removed within sixty (60) days after appointment thereof; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future laws, whereby the Rent or any part thereof, is, or is proposed to be, reduced or payment thereof deferred; or if Tenant's effects should be levied upon or attached and such levy or attachment is not satisfied or dissolved within thirty (30) days after such levy or attachment; or, if Tenant is an individual, in the event of the death of the individual and the failure of the executor, administrator or personal representative of the estate of the deceased individual to have assigned the Lease within three (3) months after such death to an assignee approved by Landlord; then, an Event of Default has occurred and ,Landlord, at its option, may exercise any or all of the remedies set forth in this Lease. 26. Remedies Upon Tenant's Default If these should occur any Event of Default on the part of the Tenant in the perfomrance of any conditions and covenants herein contained, or should the Tenant be evicted by summary proceedings or otherwise, tbe Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefor, or for damages, re~rrter the said premises and the same have and again possess and enjoy, and as agent for the Tenant or otherwise, re-let the Leased Premises and receive the rents therefor and apply the same, first to tbe payment of such expenses, reasonable attorney fees and costs, as the Landlord may have been put to in re~rrtering and repossessing the same and in making such repairs and aherations as may be necessary; and second to the payment of the rents due hereunder. The Tenant shall remain liable for such rents as may be in arrears and also the rents as may acxrue subsequent to tbe rererrtry by the Landlord, to the extent of the difference between the rents reserved hereurrdea and the rerrts, if arty, received by the Landlord during tbe remainder of the unexpired term hereoi; after deducting the aforementioned expenses, fees and costs; the same to be paid as such deficiencies arise and are asc arced each month. 27. Termination on Default.If an Event of Default has occuued or if this lease or the estate of the Tcearrt hereunder shall pass to. another by virtue of any court proceedings, writ of execution, levy, sale, or by operation of law, the Landlord may, if the Landlord so elects, at anytime thereafter, temunate this lease and the term hereof, upon giving to the Tenant or to any trustee, receiver, assignee or other person in charge of or acting as custodian of the assets or property of the Tenant, five days notice in writing, of the Landlord's intention so to do. Upon the giving of such notice, this lease and the term hereof shall end on the date fixed in such notice as if the said date was the date originally fixed in this lease for the expiration hereoi; and the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise, without liability for damages. 28. Removal of Tenant's Property. Any equipment, fixtures, goods or other' property of the Tenant, not removed by the Tenant upon the termination of this lease, or upon any quitting, vacating or abandonment of tbe Leased 11 Premises by the Tenant, or upon the Tenant's eviction, shall be considered as abandoned and the Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant. 29. Reimburseme~ of Landlord. If the Tenant shall fail or refuse to comply with and perform any conditions and covenants of the within lease, the Landlord may, if the Landlord so elects, cant' out and perform such conditions and covenants, at the cost and expense of the Tenant, and the said cost and expense shall be payable on demand, or at the option of the Landloni shall be added to the installment of rent due immediately thereafter but in no case later than one month after such demand, whichever occurs sooner, and shall be due and payable as such. This remedy shall be in addition to such other remedies as the Landlord may have hereunder by reason of the breach by the Tenant of any of the covenants and conditions in this lease contained 30. Non-Performance by Landlord. This lease and the obligation ofthe Tenant to pay the rent her~mder and to comply with the covenants and conditions hereof; shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service or material called for herein, by reason of any rule, order, regulafion or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of srtikes or other labor trouble or for any cause beyond the control of the Landlord unless such causes tbe constructive eviction of Tenant, lasting more than two (2) weeks, in which case the Rent shall abate proportionally.. 31. Validity of Lease.The terms, conditions, covenants and provisions of this lease shall be deemed to be severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision herein, but such other clauses or provision shall remain in full force and effect. 32. Non Waiver by Landlord. The various rights, remedies, options and elections of the Landlord, expmessed herein, are cumulative, and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this lease or to exercise any election or option or to resort or have recourse to any rerrredy herein conferred or the acx~ptance by the Landlord ofany installment of rent after any breach by the Tenant, in any one or more instances, shall not be conshued or deemed to be a waiver or a relingrushrrrent for the future by the Landlord of any such conditions and covenants, options, elections or remedies, but he same shall continue in full force and effect 33. Notices. All notices required under the terms of this lease shall be given and shall be deemed delivered 2 days after mailing such notices by certified or registered mail, return receipt requested, to the address of the parties as shown at the head of this lease., or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner, one day after sending byovemight carrier, or upon hand delivery in each case that the recipierrt or recipients' agent has signed for such. 34. Title and Quiet Enjoyment The Landlord covenants and represents that the Landlord is the owner of the Leased Premises herein leased and has the right and authority to enter into, execute and deliver this lease; and does further covenant that the Tenant on paying the rent and performing the conditions and covenants herein contained, shall and may peaceably and quietly have, hold and enjoy the Leased Premises for the term aforementioned Landlord shall not be responsible for the acts or omissions of any other tenant or third party that may interfere with Tenant's use and enjoyment of the Premises. 35. Force Majeure. In the event of a strike, lockout, labor trouble, civil commotion, an act of God, or any other event beyond Landlord's control (a "force majeure event") which results in the Landlord being unable to timely perform its obligations hereunder to repair the Premises, provide services, or complete work, so long as Landlord diligently proceeds to perform such obligations after the end of such 12 ~ 1 force majeure event, Landlord shall not be in breach hereunder, this Lease shall not terminate, and Tenant's obligation to pay any Minimum Rent, additional rent, or any other charges and sums due and payable shall not be excused. 36. Entire Contract.This lease amtains the entire amtract between the parties. No representative, agent or employee of the Landlord has been authorized to make any representations or promises with reference to the within letting or to vary, alter or modify the terrns hereof. No additions, changes or modifications, renewals or extensions hereof, shall be binding unless reduced to writing and signed by the Landlord and the Tenant. 37. Conformity with Laws and Regulations. The Landlord may pursue the relief or rerrredy sought in arty invalid clause, by confomung the said clause with the provisions of the statutes or the regulations of any govemmental agency in such case made and provided as if the particular provisions of the applicable statutes or regulations were set forth herein at length 38. Number and Gender. In all references herein to any parties, perms, entities or corporations the use of any particular gender or tbe phual or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. All the teens, covenants and conditions herein contained shall be for and shall inure to the benefit of and shall bind the respective parties heretq and their heirs, executors, administrators, personal or legal representatives, successors and assigns. 39. Brokers. Tenant warrants that it has had no dealings with any real estate broker or agents other than Coldwell Banker Commercial Bennett Williams and Pintzuk Brown Realty Group in connection with the negotiation of this Lease, and it knows of no other real estate broker or agent who is entitled to a conunission in connection with this Lease. Tenant shall indemnify and defend Landlord against any costs, claims and expenses, including reasonable attorneys' fees, arising out of Tenant's breach of any representation or agreement contained in this paragraph. 40. Additional Rent. Tenant agrees to pay as further additional rent, as hereinafter provided, Tenant's Share of expenses incurred by Landlord at its discretion for the operation, management and maintenance of the Common Areas of the Shopping Center as constituted from time to time (hereinafter called the "Common Area Expenses"). Tenant's share of Common Area Expenses, Taxes and Insurance for the first year shall be the amount set forth in Article 11 of the Basic Lease Provisions. As used herein, the term "Common Areas" shall mean those areas of the Shopping Center, including all pazking areas, which are from time to time open for joint use by the tenants of Shopping Center or by the public, including driveways, tnrckways, delivery passages, walkways, concourses, malls, planted areas, landscaped areas, and public restrooms and common truck loading and receiving areas which are not leased to or reserved for individual tenants. Common Area Expenses shall include without limitation management fees paid to a third party management company, expenses reimbursable to such management company, costs incurred for lighting, heating, air conditioning, painting, cleaning, removal of trash, garbage, debris and other refuse, central trash disposal (if Landlord elects to provide same), traffic control, fire protection, sewer, or septic system, compliance with governmental and other regulatory authority applicable to the Shopping Center, policing, inspecting, landscaping and repairing and replacing the Common Areas, or any part thereof, Landlord's share of costs incurred in the maintenance and repair of any offsite retention/detention facilities serving the Shopping Center and any offsite accessways burdened by an easement benefiting the Shopping Center, depreciation of maintenance equipment, costs of all insurance, including any hazard, public liability and property damage insurance, and business 13 interntption or rent insurance, as Landlord shall reasonably deem appropriate with respect to the Shopping Center, including appraisals and consultants' fees and premiums in connection with such insurance and deductible amounts paid in connection with any insurance claim, costs of all water consumed in the Shopping Center which is not separately metered to tenants or payable by other Tenants (single or multiple), but excluding depreciation of Landlord's original investment in the Shopping Center. All capital expenditures included in operating costs (including, but not limited to, the replacement of the roof and resurfacing the parking areas) shall be treated as if said expenditures have been capitalized over their useful life per the federal tax code, and Tenant's Share shall in no event include the cost of initial construction or expansion of the Shopping Center and the common areas. Tenant's Share to be paid by Tenant with respect to Common Area Expenses shall be that percentage of the cost of operation and maintenance of the Common Areas which the Rentable Area of the Premises bears to the Rentable Area of the Shopping Center, unless the Shopping Center or any facility serving the Shopping Center is operated, managed or maintained in common with other property or serves additional property, in which event Tenant's Share may be that percentage of a common cost which the Rentable Area of the Premises bears to the Rentable Area of the property under common operation, management, maintenance or served by the facility. Landlord may at its option make monthly or other periodic chazges based upon the estimated annual cost of operation and maintenance of the Common Areas, payable in advance but subject to adjustment after the end of each calendar year on the basis of the actual costs for such year. Within ninety (90) days after the close of each calendar year, upon written request from Tenant, Landlord will furnish to Tenant a detailed statement of the expenses relating to the Common Areas for such year, such statement to be prepared in accordance with generally accepted accounting practices and to include Tenant's proportionate share of the expenses relating to the Common Areas computed as herein provided. Tenant further agrees to pay as additional rent, Tenant's Share of the general real estate taxes, Real Estate tax consultant fees, assessments, and governmental charges levied against Shopping Center for each calendar year beginning with the Rent Commencement Date and during the Lease Term and any renewals or extensions thereof, together with Tenant's Share of the reasonable cost of any contest of such taxes, assessments and charges or the assessed valuation of the Shopping Center that Landlord may pursue in its reasonable discretion, including fees and disbursements of attorneys, Real Estate tax consultants, arbitrators, appraisers, experts and other witnesses (hereinafter called the "Taxes"). The Taxes shall be appropriately prorated during the first and last years of the Lease Term if such years are less than full calendar years. "Tenant's Share" shall be that percentage which the Rentable Area of the Premises bears to the Rentable Area of the Shopping Center. Landlord may at its option make monthly or other periodic charges based upon the estimated annual taxes, payable in advance but subject to adjustment after receipt of the tax statement by Landlord. Tenant agrees to pay as additional rent any rent tax or other tax imposed upon rent payments or imposed upon Landlord based upon rent payments by Tenant to Landlord, however Tenant shall not be required to pay any income tax of Landlord. In the event that a merchants association is formed for the Shopping Center, Tenant agrees that it will join and maintain membership in such association. The objectives of such association shall be to advance the civic, social, commercial and economic welfare of its members and the general interest of the Shopping Center and its trade area. Tenant will pay such reasonable dues and assessments as may be fixed and determined from time to time by such association. Tenant shall also comply with such other by-laws, rules, and regulations as maybe adopted from time to time by such association, and shall take such actions as maybe necessary to remain in good standing in such association and shall cooperate in all of the activities of such association. 14 41. Insurance. (a} Tenant shall keep in force throughout the Term: (a) a Commercial General Liability insurance policy or policies to protect Landlord against any liability to the public or to any invitee of Tenant incidental to the use of or resulting from any accident occurring in or upon the Leased Premises with a limit of not less than $1,000,000.00 per occurrence and not less than $2,000,000.00 in the annual aggregate, or such larger amount as Landlord may prudently require from time to time, covering bodily injury and property damage liability and $1,000,000.00 products/completed operations aggregate; (b) Deleted (c) If applicable insurance protecting against liability under Worker's Compensation Laws with limits at least as required by statute; (d) Deleted (e) All Risk or Special Form coverage protecting Tenant against loss of or damage to Tenant's alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and other business personal property situated in or about the Leased Premises to the full replacement value of the property so insured; and, (f) Deleted (b) Each of the aforesaid policies shall (i} be provided at Tenant's expense; (ii) name the Landlord and Landlord's mortgagee as additional insureds; (iii) be issued by an insurance company with a minimum Best's rating of "A+"; (iv) be with companies authorized to do business in the state where the property is located and (v) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice (ten days for non-payment of premium) shall have been given to Landlord, and said policy or policies or certificates thereof, together with proof of payment, shall be delivered to Landlord by Tenant not less than fifteen (15) days prior to the commencement of the term hereof or the date when Tenant shall enter into possession, whichever is sooner and at least thirty (30) days prior to each renewal of said insurance. (c) So long as their respective insurers so permit, Tenant and Landlord hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, All Risks or other insurance now or hereafter existing for the benefit of the respective party but only to the extent of the net insurance proceeds payable under such policies. Each party shall obtain any special endorsements required by their insurer to evidence compliance with the aforementioned waiver. 42. Indemnification. Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any damage to any property or any injury to any person in or about the Leased Premises or the Shopping Center by or from any cause whatsoever, except to the extent caused by or arising from the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. Tenant shall protect, indemnify and hold the Landlord entities harmless from and against any and all loss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of (a) any damage to any property or any injury to any person occurring in, on or about the Leased Premises or the Shopping Center to the extent that such injury or damage shall be caused by or arise from any actual or alleged act, neglect, fault, or omission by or of Tenant, its agents, servants, employees, invitees, or visitors to meet any standards imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or thing whatsoever done by the Tenant in or about the Leased Premises or from transactions of the Tenant concerning the Leased Premises; {c) Tenant's failure to comply with any and all governmental laws, ordinances and regulations applicable to the condition or use of the Leased Premises or its occupancy; (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to this Lease, or (e) or for any cause or reason whatsoever arising out of or by reason of the occupancy or business of Tenant. The provisions of 15 this Article shall survive the termination of this Lease with respect to any claim or liability accruing prior to such termination. 43. Construction and Acceptance of Premises AS-IS, WHERE IS. WITH ALL FAITLTS 44. Mechanic's Liens. If any mechanic's, construction or other Iiens shall be created or filed against the Leased Premises by reason of labor performed or materials furnished for Tenant in the erection, construction, completion, alteration, repair or addition to any building or improvement, Tenant shall upon demand, at Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed. Failure to do so shall entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, in addition to such as are permitted by law. 45. Remedies. )n case of any Event of Defaultt, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (a) all rent and additional rent shall be accelerated and shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration; (b) Landlord may re-let the Leased Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be less than or exceed the period which would otherwise have constituted the balance of the term of this Lease and may grant concessions or free rent or charge a higher rental than that in this Lease; and/or (c) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any deficiency between the rent hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the subsequent lease or leases of the Leased Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease. The failure of Landlord to re-let the Leased Premises or any part or parts thereof shall not release or affect Tenant's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Landlord may incur in connection with re-letting, such as legal expenses, reasonable attorneys' fees, brokerage, advertising and for keeping the Leased Premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this Lease. Landlord, in putting the Leased Premises in good order or preparing the same for re-rental may, at Landlord's option, make such alterations, repairs, replacements, and/or decorations in the Leased Premises as Landlord, in Landlord's sole judgment, considers advisable and necessary for the purpose of re-letting the Leased Premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability. Landlord shall use commercially reasonable efforts to re-let the Premises hereunder, or in the event that the Leased Premises are re-let, for failure to collect the rent thereof under such re-letting, and in no event shall Tenant be entitled to receive any excess, if any, of such net rent collected over the sums payable by Tenant to Landlord hereunder. 46. Delay in Giving Possession. DELETED 47. Attorney Fees. In the event that Landlord must retain an attorney to collect rent, enforce any provision of this Lease, defend any action brought by or on behalf of Tenant, or regain possession of the Leased Premises, Tenant shall be liable to Landlord for all reasonable costs and attorney fees associated therewith. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. In the event of any action, suit or proceeding brought 16 by Landlord to enforce any of the covenants and agreements in this Lease, the Landlord shall be entitled to recover from the Tenant of any costs, expenses and reasonable attorneys' fees incurred in connection with such action, suit or proceeding. 48. Waiver. Landlord's failure to enforce any provision in this Lease shall not prevent Landlord from enforcing any provision at a later time. 49. Roles and Regulations.Tenant shall comply with, and cause its employees, agents and invitees to comply with all Rules and Regulations set forth in Exhibit E attached hereto and all reasonable rules and regulations adopted by Landlord in connection with the use of the Leased Premises and the common areas of the property thereafter. 50. Hours of Operation/Tenant Retail Operating Covenants_ (a) Tenant shall not, nor shall Tenant at any time permit any occupant of the Premises to: (i) conduct or permit any fire, bankruptcy or auction sale (whether real or fictitious) unless directed by order of a court of bankruptcy or of competent jurisdiction, or conduct or permit any fictitious "Going Out of Business" sale; (ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area outside the Premises for the sale or display of any merchandise or for any other business, occupation or undertaking, or for outdoor public meetings, circus or other entertainment (except for promotional activities in cooperation with the management of the Shopping Center or an association of merchants within the Shopping Center); (iii) use or permit to be used, any sound broadcasting or amplifying device which can be heard outside of the Premises; (iv) use or permit to be used any portion of the Premises for any unlawful purpose or use or permit the use of any portion of the Premises as regular living quarters, sleeping apartments or lodging rooms or for the conduct of any manufacturing business; (v) use the Premises for or conduct therein activities, the purpose for which is not included within the purpose for which the Premises may be used according to Article 15 of the Basic Provisions of this Lease; or (vi) use, operate or maintain the Premises in such manner that any of the rates for any insurance carried by Landlord, or the occupant of any premises within the Shopping Center, shall thereby be increased, unless Tenant shall pay to Landlord or such occupant within the Shopping Center, as the case maybe, an amount equal to any such increase in rates, such payment to be made promptly on demand as each premium which shall include such increase shall become due and payable. (b} Tenant: (i) will not represent or advertise that it regularly or customarily sells merchandise at "manufacturers", "distributor's", or "wholesale", "warehouse", "fire sale", "bankruptcy sale", or similar prices or other than at retail prices; (ii) will keep all mechanical apparatus free of vibration or noise which may be transmitted beyond the confines of the Premises; (iii) will not cause or permit odors to emanate from the Premises; (iv) will not load or unload or permit the loading or unloading of merchandise, supplies or other property except within the area designated by Landlord from time to time; and (v) will not permit the pazking or standing, outside of such designated area, of trucks, trailers or other vehicles or equipment engaged in such loading or unloading. (c) Tenant: (i) will keep clean the inside and outside of all glass in the doors and windows of the Premises; (ii) will replace promptly at its own expense with glass of like kind and quality any plate or window glass; (iii) will replace doors or door hardware of the Premises which may for any reason become cracked or broken; (iv) will maintain the Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin, and other pests; (v) will not permit undue accumulation of garbage, trash, rubbish or other refuse in the Premises; and (vi) will keep such refuse in proper containers inside the 17 Premises until such time as same is called for to be removed. Tenant will maintain plate glass insurance reasonably satisfactory to Landlord if any plate glass is contained in the store front of the Premises. (d) Deleted De (e) Deleted. 51. Nondisclosure of Lease Terms. Tenant acknowledges and agrees that with the exception of attorneys, accountants and other business professionals it will maintain the confidentiality of the essential business terms of this Lease, and in particular, the financial terms. In no event will Tenant disclose such terms to other tenants or prospective tenants of the center. 52. Waiver of Jury Trial. Landlord and Tenant hereby mutually waive trial by jury in any proceeding concerning this Lease or arising therefrom. 53. Full Execution.This Lease shall not be binding on either party until it is executed by all parties and delivered to all parties. 54. Parking. Landlord represents and warrants unto Tenant that Tenant and Tenant's invitees, guests, and employees shall at all times during the term of the Lease have access for ingress and egress to and from the Premises, and shall have the right to park automobiles in all parking areas on the property at no charge, and that Landlord shall maintain adequate lighted, drained and signed parking for the Leased Premises at all times during the term of this Lease, and such parking areas shall comply with all applicable laws, regulations, and ordinances. If, at any time during the term of the Lease, access for ingress or egress to and from the Premises is lost or materially interfered with, or the parking areas are lost by condemnation, or are otherwise materially obstructed, thereby limiting Tenant's use thereof, Landlord agrees to work with Tenant in good faith to relocate such access; provided, however, if such relocation cannot be accomplished to the sole, yet reasonable satisfaction of Tenant within thirty {30) days, Tenant shall have the right to terminate this Lease. 55. Tenant Estoppel Certificate. Tenant agrees to at any time and from time to time, within ten (10) days after Landlord's written request, execute, acknowledge and deliver to Landlord a written instrument certifying the Commencement Date, that Tenant has accepted possession of the Leased Premises and is open for business, that this Lease is unmodified and in full force and effect (or if there have been modifications, that it is in full force and effect as modified and stating the modifications), the dates to which Base Rent, Additional Rent and other charges have been paid in advance, if any, and stating whether or not to the best knowledge of the signer of such certificate, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease and, if so, specifying in detail each such default of which the signer may or should have knowledge; and certifying such other matters as may be reasonably requested by Landlord. 56. Right to Relocate. As a material inducement for Landlord to enter into this Lease with Tenant, Landlord shall, throughout the Term of this Lease and any renewals thereof, have the right at Landlord's 18 i ~ expense to relocate Tenant to other premises (the "New Premises") within the property to space finished in a similar manner to the previously Leased Premises as it exists at the time of the relocation.. In the event Landlord elects to exercise the right of relocation, Landlord shall deliver written notice ("Landlord's Notice") to Tenant identifying the location of the New Premises and the date on which the Tenant shall be moved to the New Premises, which date shall not be less than 30 days from Tenant's receipt of Landlord's Notice. The square footage and frontage of the New Premises shall not be more than fifteen percent (15%) larger nor fifteen percent (15%) smaller than the Leased Premises. In the event that the New Premises do not consist of the identical number of square feet as the Leased Premises, the parties shall execute an instrument specifying the new number of square feet in the New Premises, and the new number of square feet shall be deemed effective as of the date on which the New Premises is delivered to Tenant. All rent shall be adjusted accordingly. 57. Cleaning Premises. Upon vacating the Premises, Tenant agrees to return the Premises to Landlord broom clean and in the same condition when Tenant's possession commenced, natural wear and tear excepted, regardless of whether any Security Deposit has been forfeited. Notwithstanding the forgoing, Tenant shall not be obligated to remove the walls altered or added pursuant to Exhibit B. 58. Removal of Fixtures. If Tenant is not in default hereunder, Tenant may, prior to the expiration of the Term of this Lease, or any extension thereof, remove any fixtures and equipment which Tenant has placed in the Premises which can be removed without significant damage to the Premises, provided Tenant promptly repairs all damages to the Premises caused by such removal. However, if Tenant shall be found in Monetary default of this Lease more than two times during the Term herein, the Fixtures present at the time of the execution of this Lease shall be deemed to be the property of Landlord. 59. Holding Over. If Tenant shall be in possession of the Leased Premises after the termination date of the Lease or any validly exercised Option Term, and in. the absence of any agreement extending the Term hereof or after an Event of Default upon Landlord's demand to Tenant to sooner vacate the Leased Premises., the tenancy under this Lease shall become one from month to month terminable by either party on thirty (30) days prior written notice, at a monthly rental equal to one and one-half times the sum of (i) the monthly installment of Base Rent payable during the last month of the Term and (ii) the monthly installment of Additional Rent payable during the last month of the Term. Tenant shall also pay all other charges payable under the terms of the Lease, prorated for the period during which Tenant remains in possession. Such tenancy shall also be subject to all other conditions, provisions, and obligations of this Lease. Tenant shall not interpose any counterclaim or counterclaims in a summary proceeding or other action based on holdover. The provisions of this Section shall be in addition to any liability Tenant may have to Landlord in respect of its holdover. 60. Demolition. As a material inducement for Landlord to enter into this Lease with Tenant and to afford Landlord the opportunity to redevelop the Shopping Center in order to maximize its economic potential throughout the Term of this Lease, should Landlord decide to demolish no less than fifty (50) percent of the total gross square footage of all buildings in the Shopping Center, Landlord shall have the absolute right to terminate this Lease upon the giving of six (6) months prior written notice ("Demolition Notice") to Tenant. Should Landlord give the Demolition Notice, the Terrn of this Lease shall expire and terminate on the date set forth in said Notice as if said date were the expiration date of the Term of this Lease originally provided for in this Lease. 19 .i 61. Liability Of Landlord If Landlord is found to have failed to perform any covenant, term or condition of this Lease, and if Tenant shall recover a money judgment against Landlord for such failure, the judgment shall be satisfied only out of the proceeds of sale received upon execution of the judgment and levy against the right, title and interest of Landlord in the Shopping Center as the same may then be encumbered, and neither Landlord nor any of its partners shall be liable for any deficiency. It is understood that in no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Shopping Center. The right of execution shall be subordinate and subject to any mortgage or other encumbrance upon the Shopping Center. No trustee, shareholder, officer, member, director, employee, parent or subsidiary company, Landlord affiliate or partner of Landlord shall in any event or at any time be personally liable for the payment of performance of any obligation required or permitted of Landlord under this Lease or under any document executed in connection herewith. No attachment, execution, writ or other process shall be sought or obtained, and no judicial proceeding shall be initiated by or on behalf of Tenant, against Landlord personally or Landlord's assets (other than Landlord's interest in the Shopping Center) as a result of any such failure, breach or default under this Lease, and neither they, nor Landlord nor any Landlord affiliate, shall be liable for any deficiency. 62. Hazardous Materials/Indemnification. (a) Tenant shall not cause or permit the receipt, storage, use, location or handling in the Shopping Center (including the Premises) of any product, material or merchandise which is explosive, highly inflammable, or a "hazardous or toxic material," as that term is hereafter defined. "Hazardous or toxic material" shall include all materials or substances which have been determined to be hazardous to health or the environment and are regulated or subject to all applicable laws, rules and regulations from time to time, including, without limitation hazardous waste (as defined in the Resource Conservation and Recovery Aet); hazardous substances (as defined in the Comprehensive Emergency Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act); gasoline or any other petroleum product or by-product or other hydrocarbon derivative; toxic substances, (as defined by the Toxic Substances Control Act); insecticides, fungicides or rodenticide, (as defimed in the Federal Insecticide, Fungicide, and Rodenticide Act); asbestos and radon and substances determined to be hazardous under the Occupational Safety and Health Act or regulations promulgated thereunder. Notwithstanding the foregoing, Tenant shall not be in breach of this provision as a result of the presence in the Premises of minor amounts of hazardous or toxic materials which are in compliance with all applicable laws, ordinances and regulations and are customarily present in a general retail use (e.g., computer chemicals, and janitorial supplies). (b) Without limiting in any way Tenant's obligations under any other provision of this Lease, Tenant and its successors and assigns shall indemnify, protect, defend {with counsel approved by Landlord) and hold Landlord, its partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (the "Indemnified Parties") harmless from any and all claims, damages, liabilities, losses, costs and expenses of any nature whatsoever, known or unknown, contingent or otherwise (including, without limitation, attorneys' fees, litigation, arbitration and administrative proceedings costs, expert and consultant fees and laboratory costs, as well as damages arising out of the diminution in the value of the Premises or any portion thereof, damages for the loss of the Premises, damages arising from any adverse impact on the marketing of space in the Premises and sums paid in settlement of claims), which arise during or after the Term in whole or in part as a result of the presence or suspected presence of any hazardous or toxic materials, in, on, under, from or about the Premises due to Tenant's acts or omissions, on or about the Premises, unless such claims, damages, liabilities, losses, costs and expenses arise out of or are caused by the negligence or willful misconduct of any of the Indemnified Parties. Landlord and its successors and assigns shall indemnify and hold Tenant 20 and its successors and assigns harmless against all such claims or damages if arising out of or caused by the negligence or willful misconduct of Landlord, its agents or employees. The indemnities contained herein shall survive the expiration or earlier termination of this Lease. 63. Authority. If Tenant executes this Lease as a corporation, limited partnership, limited liability company or any other type of entity, each of the persons executing this Lease on behalf of Tenant does hereby personally represent and warrant that Tenant is a duly organized and validly existing corporation, limited partnership, limited liability company or other type of entity, that Tenant is qualified to do business in the state where the Building is located, that Tenant has full right, power and authority to enter into this Lease, and that each person signing on behalf of Tenant is authorized to do so. In the event any such representation and warranty is false, all persons who execute this Lease shall be individually, jointly and severally, liable as Tenant. Upon Landlord's request, Tenant shall provide Landlord with evidence reasonably satisfactory to Landlord confirming the foregoing representations and warranties. 64. Miscellaneous. No agreement to accept a surrender of the Leased Premises shall be valid unless in writing signed by Landlord. The delivery of keys to any employee of Landlord or of Landlord's agents shall not operate as a termination of this Lease or a surrender of the Leased Premises. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease, or of any rule or regulation, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived by Landlord, unless such waiver be in writing and signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check nor 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. This Lease contains the entire agreement between the parties, and any agreement hereafter made shall be ineffective to change, modify or discharge it in whole or in part, unless such agreement is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. 65. Governing Law The laws of the State in which the Leased Premises is located shall govern the interpretation, validity, performance and enforcement of this Lease. If any provision of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected hereby. 66. Sale. In the event the original Landlord hereunder, or any successor owner of the Shopping Center, shall sell or convey the Shopping Center, all liabilities and obligations on the part of the original Landlord, or such successor owner, under this Lease accruing thereafter shall terminate, and thereupon all such liabilities and obligations shall be binding upon the new owner. Tenant agrees to attorn to such new owner. 67. Limitation of Liability. Landlord's obligations and liability with respect to this Lease shall be limited solely to Landlord's interest in the Shopping Center, as such interest is constituted from time to time, and neither Landlord nor any partner of Landlord, or any officer, director, shareholder, or partner or 21 member of any partner or member of Landlord, shall have any individual or personal liability whatsoever with respect to this Lease. 68. CONFESSION OF JUDGMENT (A) ANY PROTHONOTARY OR ATTORNEY OF ANY COURT OF RECORD IS HEREBY IRREVOCABLY AUTHORIZED AND EMPOWERED TO APPEAR FOR TENANT IN ANY ACTION TO CONFESS JUDGMENT AGAINST TENANT, AND MAY SIGN FOR TENANT AN AGREEMENT, FOR WHICH THIS LEASE SHALL BE HIS SUFFICIENT WARRANT, FOR ENTERING IN ANY COMPETENT COURT AN ACTION OR ACTIONS IN EJECTMENT, AND IN ANY SUITS OR IN SAID ACTIONS TO CONFESS JUDGMENT AGAINST TENANT AS WELL AS ALL PERSONS CLAIMING BY, THROUGH OR UNDER TENANT FOR THE RECOVERY BY LANDLORD OF POSSESSION OF THE PREMISES. SUCH AUTHORITY SHALL NOT BE EXHAUSTED BY ANY ONE OR MORE EXERCISES THEREOF, BUT JUDGMENT MAY BE CONFESSED FROM TIME TO TIME AS OFTEN AS ANY EVENT SET FORTH IN THIS LEASE SHALL HAVE OCCURRED OR BE CONTINUING. SUCH POWERS MAY BE EXERCISED DURING AS WELL AS AFTER THE EXPIRATION OR TERMINATION OF THE ORIGINAL TERM AND DURING AND AT ANY TIlVIE AFTER ANY EXTENSION OR RENEWAL OF THE TERM, AND/OR (B) IF TENANT SHALL DEFAULT IN THE PAYMENT OF RENT RESERVED OR PAYABLE HEREUNDER OR IN THE PAYMENT OF ANY OTHER SUMS DUE HEREUNDER BY TENANT, TENANT HEREBY AUTHORIZES AND EMPOWERS ANY PROTHONOTARY OR ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR TENANT IN ANY AND ALL ACTIONS WHICH MAY BE BROUGHT FOR SAID RENT AND SAID OTHER SUMS; AND TO SIGN FOR TENANT AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN ACTION OR ACTIONS FOR THE RECOVERY OF SAID RENT AND OTHER SUMS, AND IN SAID SUITS OR IN SAID ACTION OR ACTIONS TO CONFESS JUDGMENT AGAINST TENANT FOR ALL OR ANY PART OF SAID RENT AND SAID OTHER SUMS, INCLUDING, BUT NOT LIMITED TO, THE AMOUNTS DUE FROM TENANT TO LANDLORD UNDER EACH OF THE SUBSECTIONS OF THIS SECTION AND FOR INTEREST AND COSTS, TOGETHER WITH A REASONABLE ATTORNEY'S COMMISSION FOR COLLECTION OF NOT LESS THAN TWO THOUSAND DOLLARS ($2,000). SUCH AUTHORITY SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS ANY OF SAID RENT AND OTHER SUMS SHALL FALL DUE OR BE IN ARREARS AND SUCH POWERS MAY BE EXERCISED AS WELL AFTER THE EXPIItATION OF THE TERM OF THIS LEASE, THIS LEASE PROVIDES FOR THE CONFESSION OF JUDGMENT AGAINST TENANT FOR MONEY AND FOR EJECTMENT. IN CONNECTION THEREWITH, TENANT, KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND UPON ADVICE OF SEPARATE COUNSEL, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TT 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. WITHOUT LIlVIITATION OF THE FOREGOING, TENANT HEREBY SPECIFICALLY WAIVES ALL RIGHTS TENANT HAS OR MAY HAVE TO NOTICE AND OPPORTUNITY FOR A HEARING PRIOR TO EXECUTION UPON ANY JUDGMENT CONFESSED AGAINST TENANT BY LANDLORD HEREUNDER LANDLORD SHALL BE 22 + , REQUIRED TO GIVE TENANT A TEN DAY NOTICE PERIOD AND AN OPPORTUNITY TO CURE ANY DEFAULT BEFORE EXERCISING ITS RIGHTS UNDER TffiS SECTION. TENANT (n CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF LANDLORD HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT LANDLORD WILL NOT SEEK TO EXERCISE OR ENFORCE ITS RIGHTS TO CONFESS JUDGMENT HEREUNDER, AND (In ACKNOWLEDGES THAT THE EXECUTION OF THIS LEASE BY LANDLORD HAS BEEN MATERIALLY INDUCED BY, AMONG OTHER THINGS, THE INCLUSION IN THIS LEASE OF SAID RIGHTS TO CONFESS JUDGMENT AGAINST TENANT. TENANT FURTHER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS SAID PROVISIONS WITH TENANT'S INDEPENDENT LEGAL COUNSEL AND THAT THE MEANING AND EFFECT OF SUCH PROVISIONS HAVE BEEN FULLY EXPLAINED TO TENANT BY SUCH COUNSEL, AND AS EVIDENCE OF SUCH FACT AN AUTHORIZED OFFICER OF TENANT SIGNS HIS OR HER INITIALS IN THE SPACE PROVIDED BELOW. ~1.,. „ (Initials} 69. Tenant's Gross Sales/ Sales Reports and Records. Deleted 70. Percentage Rent. Intentionally Left Blank 71. Special Provision: Tenant shall be permitted, at it's sole expense to remove and utilize the hood system in the former Coste Villa space. Tenant will repair and close any penetrations that result from the removal or installation of the hood system to the satisfaction of the Landlord, at it's sole discretion. IN WITNESS WHEREOF, the parties hereto are executing this Lease on the date first written above. By signing below, all parties agree to be bound by all terms and conditions set forth in the lease form to which this Addendum is attached. Landlord: Witnessed or Attested By: ~y PR REAL ESTATE, LLC & HOME ELITE, LTD, "£~A~I-S-1~CQMMON ~--- By: Name: Title: ~ ~ C..~t.,,,6.. Tenants: AHSAD MAHAD 23 By. Name: /~~ By ~ ~~ IYY N e: 24 EXHIBIT "A" PROPERTY [ATTACH SHOPPING CENTER SITE PLAN] 25 EXHIBIT "A- I " PREMISES [ATTACH PLAN SHOWING PREMISES BY DIAGONAL LINES] Error! Llnknoo~n document property name. t 1 1 EXHIBIT 'B" Error! Unknown document property name. WORK LETTER AGREEMENT Intentionally left blank B-1 SCHEDULEI Landlord's Work Space to be delivered in AS-IS, WHERE-]IS Condition. WITH ALL FAULTS B-2 Error! Unknown document property name. SCHEDULE H Plan Delivery Date: Contractor Selection Date: Possession Turnover Date: Tenant Improvement Allowance: _ NONE B-3 Error! Unknown document property name. EXHIBIT "C" COMMENCEMENT DATIJACCEPTANCE LETTER IN'T'ENTIONALLY LEFT BLANK C-1 Error! Unknown docnment property name. ~.t EXHIBIT "D" USE RESTRICTIONS Notwithstanding any other provision of this Lease, and without in any way expanding the use of the Premises permitted hereunder, Tenant acknowledges and agrees that its use of the Premises is subject to and will not violate the restrictions and exclusives set forth hereinbelow: Intentionally Left Blank Error! Unknown document property name. D-1 EXHIBTT "E" RULES AND REGULATIONS Rules and Re laguu tions 1. No radio or television antenna or cable connection or other similar devices shall be installed without first obtaining in each instance Landlord's consent in writing. No aerial shall be erected on the roof or exterior walls of the Leased Premises, or on the grounds, without in each instance, the written consent of Landlord. Any aerial so installed without such written consent shall be subject to removal without notice at any time at Tenant's expense. 2. No loud speakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the Leased Premises without the prior written consent of Landlord. 3. If the Leased Premises are equipped with heating facilities separate from those in the remainder of the Shopping Center, Tenant shall keep the Leased Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. 4. The sidewalk areas immediately adjoining the Leased Premises shall be kept clean and free from snow, ice, dirt and rubbish by Tenant to the satisfaction of the Landlord, and Tenant shall not place or permit any obstructions or merchandise in such areas. 5. The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. 6. Tenant shall not bum any trash or garbage of any kind in or about the Leased Premises, the Shopping Center, or within one mile of the outside property lines of the Shopping Center. 7. All deliveries or shipments of any kind to and from the Leased Premises, including loading of goods, shall be made only by way of the rear of the Leased Premises or at any other location designated by Landlord, and only at such reasonable time designated for such purpose by Landlord. 8. Tenant shall not use the public or common areas in the Shopping Center for business purposes or special events unless prior approval in writing has been granted by the Landlord. 9. Tenant shall use, at Tenant's cost, a pest extermination contractor at such intervals as Landlord may require, but no less often than once annually. 10. Tenant shall not place, or permit, displays, decoration or shopping carts on the sidewalk in front of the Leased Premises or upon any of the common areas of the Shopping Center. 11. Tenant shall not cause or permit any unusual or obj ectionable odors to be produced upon or within, or released from, the Leased Premises. F-1 Error! Unlmown document property name. ', ~, . , EXHIBIT "F" UTILITIES A) Tenant shall be responsible for their share of water and sewer usage. Tenant shall reimburse Landlord their proportionate share of water and sewer usage and Landlord shall bill Tenant for such usage. B) Tenant shall contract directly with the local provider of gas and electric service to the leased premises. F-2 Error! Unla~own document property name. .~a .~ EXHIBIT "G" SIGN CRITERIA INTENTIONALLY LEFT BLANK Error! Unknown document property name. G-1 x .. f~ati:Bennet 1ti11+a~IS NeAti;y 1 7t7 8a3 55~o b$i15libtt9 15:5& X972 P.0~9rQa1 kXE~itBR "F!' Fl7I2M (aF C.l,iAltA.~l~i'Y A~~AD MA~AD SHP-Ll. CiIEAt~N'I'$E 1'NF':~L!(+a?"ti1~;5 Cf?.M'~MPt.ATk~ 1tY FHE LEASE OF W~H'iH1S trk.H~9t`I' I~ i$ ~ PAIt`i'. A'[!F5' FAlA~GZA. (7BLNE~ATipN51A~1?l'!~t 1tk5PEG'~' TO'C~i~S t.FYASE SH:~'.T. BE?'t'Hi~l~:1'tiCifll.0`81.1~CA11f~N$ i~F AFiSAi~ t.~AtiALP Q I~~Y~"--~~~. A! AD 1~+1.. I7 H-1 E.iRK: IAfkRPN'O ~f~~~-~~ MWK'• >.a ,. EXHIBIT "H" FORM OF GUARANTY AHSAD MAHAD SHALL GUARANTEE THE OBLIGATIONS CONTEMPLATED IN THE LEASE OF WHICH THIS EXHIBIT H IS A PART. ANY FINANCIAL OBLIGATIONS WITH RESPECT TO THIS LEASE SHALL BE THE FINANCIAL OBLIGATIONS OF AHSAD MAHAD AHSAD MAHAD H-1 Error! Unknown document property name. ~ ..1 `~'° ~.: EXHIBIT "I" STATE/LOCAL LAW PROVISIONS ITENTIONALLY LEFT BLANK I- I Error! Unknown document property name. ,i ' ~ , ,- •.9 EXTIIBIT "J" SPECIAL STIPULATIONS INTENTIONALLY LEFT BLANK Error! Unknop•n document property name. I-2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. ,.,, Docket No 7~, '~ _ . _ ~ `' ~;, __. - -~ __ ;; r~ }. , ~-- . i_,. __~,,_.~: ~~ ~ ...; . : ~ .~, ~ .,~, c~ _ __ ~ r-,- • ~; ~~ ~:. .~~ CERTIFICATION OF ADDRESSES The undersigned certifies that, to the best of her knowledge, information and belief, that the addresses of the parties are as follows: PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 DEEB, BLUM, MURPHY, FRISHBERG & MARKO CH, P.C. By: Frank .Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 {1296.052 00132060} 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February ,~ 2013 {1296.052 00132060} ' Plaintiffs, CIVIL ACTION -LAW v. Docket No. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. AFFIDAVIT OF BUSINESS TRANSACTION STATE OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY Scott Homel, being duly sworn according to law, deposes and says that he is authorized to make this affidavit on behalf of Plaintiffs; and that the transaction upon which Judgment is being entered by Confession was a business and commercial transaction. Sworn to and Subscribed before me this ~ ~ day ---~=._ ~ J C''~ Q ~ ~ ' P ~ _ ~. .~, ,.-i ., { . Q u Scott Homel, on ,a`f of Plain otary Public ~ ~---. NOTARIAL SEAL ` Elizabeth N Tellado i NOTARY PUBLIC Twp of Montgomery, Montgomery County n Expires 0411512015 ~ s io My Gommis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and COURT OF COMMON PLEAS HOME ELITE, LTD., CUMBERLAND COUNTY 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, CIVIL ACTION - LAW v. {1296.052 00132060} i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant CIVIL ACTION -LAW Docket No. AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. ~ ~a ~ ~.'~ ~ W .,,i ~ ~ ' t `--~ wffi.- .....-,, .:~ ~' a ~ ~; ' . ~ `'` ~, ~;. y.~- -~-a Scott Homel, being duly sworn according to law, deposes and says flzat he is authorized to make this affidavit on behalf of Plaintiffs; that the facts set forth in the Complaint in Confession of Judgment are true and correct to t:he best of his knowledge, information and belief; and that the Exhibits attached to the Complaint in Conferion of Judgment are true and correct copies of the originals. Sworn to and Subscribed before me this (s+ day of ~ , 2013. ~ta Public ry NOTARIAL SEAL a Elizabeth N Tellado NOTARY PUBLIC 1 Twp of Montgomery, Montgomery County I My Commission Expires 04115/2015 ~ Scott Homel, on behalfa {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. CIVIL ACTION -LAW Docket No. h= C.~~ ._- G~3 .c.r. ~ ir.y '. ~- c~, ~, ~ ... ;~ r-, ~ ~,,, - ~ e~ ~ c~ '~ R.; c.-~ ~ . AFFIDAVIT OF INCOME STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. Scott Homel, being duly sworn according to law, deposes and says that he is authorized to make this affidavit on behalf of Plaintiffs; and that to the best of his knowledge, information and belief, at the time of the signing of the document containing provision for judgment by confession in the said matter, the income of Defendant was in excess of $10,000 per year. Sworn to and Subscribed before me this l ~ day of ,~.>L-~ , 2013. L' .k,~-,~~-f)..:.zk--`mil . ~ ~-~k',, ~ I~fotary Public NOTARIAL SEAL Elizabeth N Tellado NOTARY PUBLIC Twp of Montgomery, Montgomery Cnunty~ My Commiaaion Expires 0411512015 {1296.052 00132060} ,` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW - ~.~ ~~ Docket No. ~ `~~~ r-~ _ > , -~ = ~ `T e~ __ v~±, -~ r' t - - ; -..~ ~' ~~ ~: . 41 r- c i'~ ' y .. ,,. :~~ .,--~ c„ _,~ AFFIDAVIT OF NONAPPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT AND AFFIDAVIT OF NOI~CONSUMER CREDIT TRANSACTION AND NON-RESIDENTIAL LEASE STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. Scott Homel, being duly sworn according to law, deposes and says that he is authorized to make this affidavit on behalf of Plaintiffs; that the Confession of Judgment does not arise out of a retail installment sale, contract or account, as defined under the Goods and Services Installment Sales Act, 69 P.S. § 1101, et sec .; that the Confession of Judgment is not being entered against natural person(s) in connection with a "consumer credit transaction" as that term is defined in Pa.R.C.P. 2950 (as amended); that the Confession of Judgment is not being entered in connection with a residential lease; and that the foregoing facts are true and correct to the best of his kno~?P~Qe information and belief. Sworn to and Subscribed before me this ~ , day _c ~ U . _ ,,~~_ i-~-~~ _~~;~"cep' Scott Home`I; -a~r-t`- half of -''} Notary Pu NOTARIAL SEAL^^~ Elizabeth N Tellado NOTARY PUBLIC i { 12 9 6. 0 5 2 0 013 2 6 b"}p of Montgomery, Montgomery County My Commissbn Expires 04/15I20t 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, V. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY a ~-~, _. ~ _ r ;{ti CIVIL ACTION -LAW ~„ rT, -Y-t r~ r . ~ = ra.' . ~` ~ Docket No. ~ c ~ '' =~= ~_j.' J '~ ~". t. ~~ _ .~.+t,. . . °+Y .... ~t~.~ i ~ Js. { , ~: c . __~, '" cr %- -~a r AFFIDAVIT OF DEFAULT STATE OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY Scott Homel, being duly sworn according to law, deposes and says that he is authorized to make this affidavit on behalf of Plaintiffs; that Defendant entered into the Lease (as defined in the Complaint in confession of judgment filed in the within action), a true and correct copy of which is attached to the Complaint; that Defendant is in default under the Lease by failing to pay rent owed to Plaintiffs. There is presently $5,127.63 __ _ (principal sum, plus attorneys' commission) due and ov~ng under the Lie. ~_, Sworn to and Subscribed ~~-~.~ before me this i `~ day . _ _. _ ..-; _ _ of ~~-~ , 2013. `~ - ~' ' .-~ uk . ~~•~-?~'„~; Scott Homel, on behalf of Plaintiff .._~ ' Notary Public j NOTARIAL SEAL Elizabeth N Tellado NOTARY PUBLIC Twp of Montgomery, Montgomery County I~My Commission Expires OAI15f2015 IN THE COUR OFT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA {1296.052 00132060} PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW _ ~ Docket No. ~~ r.,~ `~ [ ~ ~~ ~~ f'T" ' tTl _ _. f *] .~,~ , rs~ ~ ~ _. .r v.. -V ~-: . ~, ~., , ~ ~ o . _ i Ci r- _~ . AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY Scott Homel, being duly sworn according to law, deposes and says that he is authorized to make this affidavit on behalf of Plaintiffs; and that to the best of his knowledge, information and belief, the Defendant is not in the Military or Naval Service of the United States, nor any State or Territory hereof or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto or the Servicemembers Civil Relief Act. Sworn to and Subscribed before me this (~ day of -~~~.~ , 2013. C~~~,'-`-`'Zt . ,~ tip' ~~ NOTARIAL SEAL EI¢abeth N Tellado NOTARY PUBLIC Twp of Montgomery, Montgomery County My Commission Expires 04/1 512 01 6 ~_ _ _ ,.~ Scott Homel, on beh`aT~~o€~~laintiffs {1296.052 00132060} Department of Defense Manpower Data Center ~t~1t1~ ~c'pC~~`I ~'u~sua~i tc~ Servc~rYt~~s ~`ivl Rfeli~`~,rt Last Name: MAHAD First Name: ANDIBARQAB __ _. __ Middle Name: Active Duty Status As Of: Feb-05-2013 Results as of :Feb-OS2013 08:15:22 SCRA 2.3 On Active Dury On Active Duty Status Date Active Duty Stan Date Active Duty End Date Status Service Component NA NA No NA This response reflectsthe indivitluals' active duty status based on theACtive Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Dete Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the ActiveDuty Status Date The Member orHis/Her Unit Was Notified of a Future Call-Up to Active Dury on Active Duty Status Date Order Notification Start Date Order Notification End Data Status Service Component NA I NA No NA This response reflects whether the`ihdividual or his/her unit has receivedeatly notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. n,~ r~. ,c~.~,-,a~... Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http:!/www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty fur purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: T59UNV1P8G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and COURT OF COMMON PLEAS HOME ELITE, LTD., CUMBERLAND COUNTY 491 Old York Rd., Suite 200 Jenkintown, PA 19046 . Plaintiffs, CIVIL ACTION -LAW r= ~~, r-s Docket No. ~ r ~ ~''~~; ~' _ ASAD MAHAD -~: ~' ~? `'~' a/k/a ASAD COLAD MAHAD : `~ ~ ~, .-~---: a/k/aAHSAD MAHAD ~~ -~~-~.. a/ k/ a ABDIBARQAB COLAD MAHAD ~> ~ c:~ `~; ~ -~? a/k/a MOHAMED MAHAD .~.. -, .,~; ~ -~-. 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 : Defendant. Notice Under Rule 2958.1 of Judgment and Execution Thereon --------------- Notice of Defendant's Rights To: Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad A judgment in the amount of $5,127.63 has been entered against you and in favor of the Plaintiffs without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. {1296.052 00132060} IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania Tel: (717) 249-3166 DEEB, BLUM, MURPHY, FRISHBERG 8s MARKOVICH, P.C. By: to /~ /lt..t.,~ Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February S, 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY -, ~ ,- CIVIL ACTION -LAW ~~ i .. . =T--`. .~ ~' ~ Docket No. ~:`~ ~ "``1~ _~ ~ ~ ~~ 2~ ~ ~~~ v ~ ; _~ c ~ + ~ . NOTICE UNDER 42 PA. C.S.A. 2737.1 To: Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad A judgment in the amount of $5,127.63 and a judgment for possession of the following premises have been entered against you and in favor of the Plaintiffs without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you: Approximately 1,900 square feet of commercial space located at 5205 Simpson Ferry Road, Suite 18, at the East Gate Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being utilized as a Moroccan restaurant known as Sahara. 42 Pa. C.S.A. § 2737 states in part as follows: A debtor who has been incorrectly identified and had a confession or judgment entered against him may petition the court. for costs and reasonable attorney fees as determined by the court. The written instructions regarding the procedure to follow to strike the judgments are not prescribed in detail. For this reason, you should contact an attorney for assistance. {1296.052 00132060} However, you are advised that Pa. R.C.P. 2959, provides as follows: Striking Off or Opening Judgment; Pleadings; Procedure (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has been stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule [of Civil Procedure] 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule [of Civil Procedure] 2956.1(c)(2)or Rule [of Civil Procedure] 2973.1(c), the petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the Plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule [of Civil Procedure] 440. (e) The Court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off {1296.052 00132060} the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open judgment. (fl The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g) (1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania Tel: (717) 249-3166 DEEB, BLUM, MURPHY, FRISHBERG & MARKO ICH, P. C. r By: Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February ,~ 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/ k/ a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant CIVIL ACTION -LAW Docket No. Notice Under Rule 2973.2 of Judgment and Execution Notice of Defendant's Rights To: Defendant, Asad Mahad a/k/a Asad Colad Mahad a/k/a Ahsad Mahad a/k/a Abdibarqab Colad Mahad a/k/a Mohamed Mahad A judgment for possession of real property has been entered against you and in favor of the Plaintiffs without prior notice and hearing based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at any time after thirty days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. {1296.052 00132060} IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, Pennsylvania Tel: (717) 249-3166 DEEB, BLUM, MURPHY, FRISHBERG 8s MARKOVICH, P.C. By: `c~~~~ - Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February ~, 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW Docket No. ~:-a _ ~~ ~:, ~' • ~ ~ f . ~~ ~ ~r- ~ _ ~ ~~, ENTRY OF APPEARANCE Kindly enter our appearance for the Defendant, on whose behalf we confess judgment for money in the sum of $5,127.63 and for possession of the premises occupied by Defendants as follows: Approximately 1,900 square feet of commercial space located at 5205 Simpson Ferry Road, Suite 18, at the East Gate Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being utilized as a Moroccan restaurant known as Sahara. Dated: February 52013 DEEB, BLUM, MURPHY, FRISHBERG 8v MARKOVICH, P.C. By: Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/ k/ a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW Docket No. • ~"'; C :_ rv ~ ~. ~ ~. r- -~, a~. • ~~~ ~ ~#~ _ ~ ~. ~,: rn ., ORDER FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as attorneys for the Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. in the above-entitled matter. DEEB, BLUM, MURPHY, FRISHBERG 8~ MARKOVICH, P.C. Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February S 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW Docket No. ~ ~ ~ ~~ l 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU FOR MONEY OWE N T A NT OF $ 27.63. ENCLOSED HEREWITH IS A COPY OF ALL THE D UM S F DINS RT OF THE SAID JUDGMENT. DAV ONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: DEEB, BLUM, MURPHY, FRISHBERG 8s MARKOVICH, P.C. By: Frank G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, PR Real Estate, LLC and Home Elite, Ltd. Dated: February ~, 2013 {1296.052 00132060} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PR REAL ESTATE, LLC and HOME ELITE, LTD., 491 Old York Rd., Suite 200 Jenkintown, PA 19046 Plaintiffs, v. COURT OF COMMON PLEAS CUMBERLAND COUNTY ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 Defendant. CIVIL ACTION -LAW Docket No. 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU FOR POSSESSION OF THE FOLLOWING PREMISES: Approximately 1,900 square feet of commercial space located at 5205 Simpson Ferry Road, Suite 18, at the East Gate Shopping Center, Mechanicsburg, Cumberland County, Pennsylvania, 17055, allegedly being utilized as a Moroccan restaurant known as Sahara. ENCLOSED HEREWITH IS A COPY OF ALL THE DOCUMENTS FILED IN SUPPORT OF THE SAID JUDGMENT. DAVID D. BUELL, PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: DEEB, BLUM, MURPHY, FRISHBERG 8v MARKOVICH, P.C. By: Fran G. Murphy, Esquire ID No. 65886 Christine C. McGuigan, Esquire ID No. 86784 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Dated: February 2013 PR Real Estate, LLC and Home Elite, Ltd. {1296.052 00132060} DEEB BLUM MURPHY FRISHBERG & MARKOVICH P.C. By: Frank G. Murphy, Esq. Identification No. 65886 1601 Market Street, Suite 2600 Philadelphia, PA 19103 Attorney for Plaintiff 215-563-.0500 PR Real Estate, LLC and fmurphyW bmfmlaw.com Home Elite, Ltd. PR REAL ESTATE, LLC and COURT OF COMMON PLEAS HOME ELITE, LTD., CUMBERLAND COUNTY n C Plaintiffs, CIVIL ACTION - LAW �-; M -v Cn N C7 V. D a Docket No. 13-654a N ASAD MAHAD >C-) a/k/a ASAD COLAD MAHAD c w a�,s a/k/a AHSAD MAHAD �.� c:> a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD Defendant. PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment in the amount of$5,127.63 rendered in favor of Plaintiff and against Defendant as being SATISFIED. DEEB BLUM MURPHY F SHBERG & MARKOVICH, P.0 By: FRANICG. MURPHY Attorney for Plaintiff Dated: April. 19, 2013 DEEB BLUM MURPHY FRISHBERG & MARKOVICH P.C. By: Frank G. Murphy, Esq. Identification No. 65886 1601 Market Street, Suite 2600 Philadelphia, PA 19103 Attorney for Plaintiff 2.15-563=0500 PR Real Estate, LLC and fmurphu(afmlaw.com Home Elite, Ltd. PR REAL ESTATE, LLC and COURT OF COMMON PLEAS HOME ELITE, LTD., CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW V.. Docket No. 13-654 ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD Defendant. CERTIFICATE OF SERVICE I, Frank G. Murphy, Esquire, hereby certify that I served a true and correct copy of the Praecipe to Mark Judgment Satisfied, via first class mail, postage prepaid on..April_19,:2013, as follows: ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 DEEB BLUM MU RP F SHBERG & MARKOVICH By: FRANK G. MURPHY Attorney for Plaintiff Dated:.Apri1.19, 2013 DEER BLUM MURPHY FRISHBERG & MARKOVICH P.C. By: Frank G: Murphy, Esq. Identification No. 65886 1601 Market Street, Suite 2600 Philadelphia, PA 19103 Attorney for Plaintiff 215-563-0500 PR Real Estate, LLC and fmurphu(adbmf nlaw.com Home Elite, Ltd. PR REAL ESTATE, LLC and COURT.OF COMMON PLEAS �. HOME ELITE, LTD., CUMBERLAND COUNTY C' rncu Plaintiffs, CIVIL ACTION - LAWw r» ara V. ry C)� Docket No. 13-654 �- ASAD MAHAD =C) C ..a/k/aASAD COLAD MAHAD.. 3' a/k/a AHSAD MAHAD "�� o a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD Defendant. PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter, settled, discontinued an d ended. DEEB BLUM MURPHY FRISHBERG & MARKOVIC .0 By: FRA K G. MURPHY Attorney for Plaintiff Dated: April 19, 2013 DEEB BLUM MURPHY FRISHBERG & MARKOVICH P.C. By: Frank G. Murphy, Esq. Identification'No. 65886 1601 Market Street, Suite 2600 Philadelphia, PA 19103 Attorney for Plaintiff 215-563-0500 . PR Real Estate, LLC and fm.urph fin Iaw.com Home Elite, Ltd. PR REAL ESTATE, LLC and . COURT OF COMMON PLEAS HOME ELITE, LTD., CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW V. ,' f Docket No. 13-654 ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD Defendant. CERTIFICATE OF SERVICE I, Brian A. Clark, paralegal at Deeb Blum Murphy Frishberg 8v Markovich, PC hereby certify that a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served by via first-class mail upon the following: ASAD MAHAD a/k/a ASAD COLAD MAHAD a/k/a AHSAD MAHAD a/k/a ABDIBARQAB COLAD MAHAD a/k/a MOHAMED MAHAD 4412 Gettysburg Road, Apt. 8 Camp Hill, PA 17011 DEEB BLUM MURPHY FRISHBERG & MARKOVICH, P.C. By: alL BRIAN A. CLARK Dated: April 19, 2013