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Home My WebLink About06-6680FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW HONG TSANG, Docket No. W ge(p8D civil t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. CONFESSION OF JUDGMENT FOR POSSESSION 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: 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. FREY, PETRAKIS, DEEB, BLUM &6fq- BRIGGS, P.C. By: _ - -ke-? Jud nt Entered Above Prot onotary/l?ot??OG Frank G. Murphy, quire Christina M. Hughes, Esquire Attorneys for Defendant tD =.w . -rt ? FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and COURT OF COMMON PLEAS P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW V. HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. PRAECIPE FOR JUDGMENT BY CONFESSION FOR POSSESSION PURSUANT TO PA R.C P 2971 ET SEQ TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 2971 et seq., please enter judgment against Defendant, Hong Tsang t/d/b/a China Garden, in favor of Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, for possession of the following premises: 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: 1. 86?- A404r-7 Frank G. Murphy, quire Christina M. Hughes, Esquire Attorneys for Plaintiffs, Dated: ??/ Home Elite Ltd., Inc. and P.R. Real Estate, ///M/0(0 LLC IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOME ELITE LTD., INC. and COURT OF COMMON PLEAS P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW V. HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU FOR POSSESSION OF THE FOLLOWING PREMISES: 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. ENCLOSED HEREWITH IS A COPY OF ALL THE DOCUMENTS FILED IN SUPPORT OF THE SAID JUDGMENT. CURTIS R. LONG PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: FREY, PETRAKIS, DEEB, BLUM 8v BRIGGS, P.C. By: awzo AgKg I.D. Nos. 65886/91635 Frank G. M phy, Esquire Christina M. Hughes, Esquire 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Dated: 1112-0106 Home Elite Ltd., Inc. and P.R. Real Estate, LLC FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 V. Plaintiffs, HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. COMPLAINT FOR CONFESSION OF JUDGMENT UNDER PENNSYLVANIA RULES OF CIVIL PROCEDURE 2950, ET SEQ Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, (hereinafter "Plaintiffs" or "Landlords"), by and through their attorneys Frey, Petrakis, Deeb, Blum & Briggs, P.C., 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. Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, are owners of a shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055, as tenants in common and have a place of business located at 491 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046. 2. Defendant, Hong Tsang t/d/b/a China Garden (hereinafter "Defendant /Tenant"), upon information and belief, is a business operating a restaurant and has a last known address of 5205 Simpson Ferry Road, Suite 11, Mechanicsburg, Pennsylvania 17055. 3. Pintzuk Brown Realty Group, (hereinafter "Pintzuk") is an authorized agent of and acts on behalf of Landlords and has a place of business located at 491 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046. See Affidavit of Scott Homel attached hereto incorporated herein, and marked as Exhibit A). COUNT I FOR JUDGMENT OF POSSESSION Pa.R.C.P. 2970 et seq. 4. Landlords incorporate by reference the foregoing paragraphs as if fully set forth herein at length. 5. Defendant/Tenant is in occupancy and possession of 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. 6. The owners of the Property are Home Elite Ltd., Inc. and P.R. Real Estate, LLC. The Defendant/ Tenant leases the Property from 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 B; all applicable terms are highlighted in yellow for the Court's convenience). 7. Defendant/Tenant is subject to the Lease pursuant to an Assignment of Lease dated November 8, 1993 (the "Assignment of Lease"), an Addendum dated August 25, 2004 (the "Addendum") and an Estoppel Letter dated August 31, 2004 (the "Estoppel Letter"). (A copy representing a true and correct reproduction of the Assignment of Lease is attached hereto, incorporated herein and marked as Exhibit C; all applicable terms are highlighted in yellow for the Court's convenience). (A copy representing a true and correct reproduction of the Addendum is attached hereto, incorporated herein and marked as Exhibit D; all applicable terms are highlighted in yellow for the Court's convenience). (A copy representing a true and correct reproduction of the Estoppel Letter is attached hereto, incorporated herein and marked as Exhibit E; all applicable terms are highlighted in yellow for the Court's convenience). 8. Landlords are entitled to enforce the Lease by virtue of an assignment of rights, which took place upon Landlord's acquisition of the Property from its prior owner. (See a true and correct reproduction of Settlement Statement attached hereto, incorporated herein, and marked as Exhibit F). 9. Pursuant to the terms of the Lease, Assignment of Lease, Addendum, and Estoppel Letter, during the relevant time period, the Defendant/ Tenant is required to pay to the Landlords a monthly fixed Minimum Rent of $1,472.00. (See Exhibits B, C, D, and E). 10. In addition, the Defendant/ Tenant is obligated under the Lease, Assignment of Lease, Addendum, and Estoppel Letter to pay the Landlords Additional Rent in the form of, inter alia, operating expenses, utilities, insurance, and taxes. See Exhibits B, C, D, and E). 11. Defendant /Tenant has defaulted on its obligations under the Lease by virtue of its failure to pay Landlords Minimum Rent and Additional Rent in the amount of $7,126.71, as follows: Description Amount Owed Outstanding Late Fees as of 2/28/06 $1,117.23 Outstanding Rent as of 2/26/06 $2,944.00 Returned Check Charge 12/1/05 $30.00 Outstanding CAM as of 2/28/06 $875.94 Outstanding RE Tax as of 2/28/06 $260.00 Outstanding INSR as of 2/28/06 $96.30 Outstanding YE 2004 CAM REC $691.34 Outstanding 2004 YE INSR Reconciliation $209.26 Outstanding 2004 YE RETAX reconciliation $506.91 Rent (3/2006) $1,472.00 CAM (3/2006) $437.97 Property Taxes Pass Thru (3/2006) $130.00 Insurance Pass Thru (3/2006) $48.15 March Late Fees, 5% of $2,088.12 $104.41 Check #0615 -$2,088.12 Rent (4/2006) $1,472.00 CAM (4/2006) $437.97 Property Taxes Pass Thru (4/2006) $130.00 Insurance Pass Thru (4/2006) $48.15 April Late Fees, 5% of $4,176.24 $208.81 Check #0617 -$2,088.12 Rent (5/2006) $1,472.00 CAM (5/2006) $437.97 Property Taxes Pass Thru (5/2006) $130.00 Insurance Pass Thru (5/2006) $48.15 May Late Fees, 5% of $4,176.24 $208.81 Check #0621 -$2,088.12 Rent (6/2006) $1,472.00 CAM (6/2006) $437.97 Property Taxes Pass Thru (6/2006) $130.00 Insurance Pass Thru (6/2006) $48.15 June Late Fees, 5% of $4,176.24 $208.81 Check #0622 -$2,088.12 Rent (7/2006) $1,472.00 CAM (7/2006) $437.97 Property Taxes Pass Thru (7/2006) $130.00 Insurance Pass Thru (7/2006) $48.15 July Late Fees, 5% of $4,176.24 $208.81 Check #0624 -$2,088.12 Rent (8/2006) $1,472.00 CAM (8/2006) $437.97 Property Taxes Pass Thru (8/2006) $130.00 Insurance Pass Thru (8/2006) $48.15 August Late Fees, 5% of $4,176.24 $208.81 Check #0629 -$2,088.12 Rent (9/2006) $1,472.00 CAM (9/2006) $437.97 Property Taxes Pass Thru (9/2006) $130.00 Insurance Pass Thru (9/2006) $48.15 September Late Fees, 5% of $4,176.24 $208.81 Check # 0630 -$2,088.12 Y/E 2005 CAM Reconciliation Credit -$1,501.06 Y/E 2005 Insurance Reconciliation Credit -$86.65 Y/E 2005 RE Tax Reconciliation Charge $104.68 Rent (10/2006) $1,472.00 CAM (10/2006) $437.97 Property Tax Pass Thru (10/2006) $130.00 Insurance Pass thru (10/2006) $48.15 October Late Fees, 5% of $4,176.24 $208.81 Check # 0631 -$2,088.12 Rent (11 / 2006) $1,472.00 CAM (11/ 2006) $437.97 Property Tax Pass Thru (11 / 2006) $130.00 Insurance Pass Thru (11/2006) $48.15 November Late Fees, 5% of $6,264.36 $313.22 Check #0636 -$2,088.12 TOTAL: $7,126.71 12. By letter dated September 28, 2005, Pintzuk notified Defendant/ Tenant of the failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Defendant/Tenant that, unless Defendant/Tenant made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the September 28, 2005 letter is attached hereto and incorporated herein by reference as Exhibit G). 13. By letter dated October 26, 2005, Pintzuk notified Defendant/ Tenant of the failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Defendant/Tenant that, unless Defendant/Tenant made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the October 26, 2005 letter is attached hereto and incorporated herein by reference as Exhibit H). 14. By letter dated April 24, 2006, Pintzuk notified Defendant/ Tenant of the failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Defendant /Tenant that, unless Defendant/Tenant made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the April 24, 2006 letter is attached hereto and incorporated herein by reference as Exhibit I). 15. By letter dated May 19, 2006, Pintzuk notified Defendant/Tenant of the failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Defendant/Tenant that, unless Defendant/ Tenant made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the May 19, 2006 letter is attached hereto and incorporated herein by reference as Exhibit J). 16. By letter dated July 14, 2006, Pintzuk notified Defendant/ Tenant of the failure to comply with various provisions of the Lease. Through the letter, Pintzuk further advised Defendant/Tenant that, unless Defendant /Tenant made payment in full of the amounts owing under the Lease, Pintzuk would exercise any and all rights and remedies available to Landlords for non-payment of rent. (A true and correct copy of the July 14, 2006 letter is attached hereto and incorporated herein by reference as Exhibit K). 17. As of the date hereof, the Defendant/ Tenant has not cured its default. 18. Under the Lease, the Landlords are empowered to confess judgment for possession against Defendant/Tenant. See Exhibit B). 19. Pursuant to the terms of the Lease, Landlords may confess judgment for possession against Defendant/Tenant upon default under the Lease. See Exhibit B). 20. Defendant/Tenant is in default, as set forth supra, and has failed to cure said default. 21. By virtue of the foregoing default, Landlords are entitled to possession of the Property as follows: 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. 22. Judgment is not being entered by confession against a natural person in connection with a residential lease. 23. No judgment has been entered on the Lease in any jurisdiction. 24. The Warrant of Attorney is less than twenty (20) years old. WHEREFORE, Landlords, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, hereby demand a judgment by confession in ejectment against Defendant/ Tenant, Hong Tsang t/d/b/a China Garden, 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. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: Frank G. Murphy, squire Christina M. Hughes, Esquire Dated: ??/?6 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC VERIFICATION I, Mary Duffy, state that I am authorized to make this Verification on behalf of the Plaintiffs, 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 Pa.C.S.A. §4904, relating to unsworn verification to authorities. By: 4 ary D , A Wanager ntzuk,FBrowff Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC Dated: FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Docket No. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance for the Defendant, Hong Tsang t/d/b/a China Garden, on whose behalf we confess judgment for possession of the premises occupied by Defendant as follows: 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. Ole 2%egl?y, 40?? By: Frank G. Murphy, quire Christina M. Hughes, Esquire Attorneys for Defendant Dated: ?? O FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC HOME ELITE LTD., INC. and COURT OF COMMON PLEAS P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 CUMBERLAND COUNTY Plaintiffs, CIVIL ACTION - LAW V. HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. ORDER FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as attorneys for the Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, in the above-entitled matter. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: Frank G. Murphy, E uire Christina M. Hughes, Esquire Attorneys for Plaintiffs, ite Ltd., Inc. and P.R. Real Estate, LLC Dated: 07-dro Home El FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. CERTIFICATION OF ADDRESSES Christina M. Hughes, Esquire, certifies, to the best of her knowledge, information, and belief, that the addresses of Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, and Pintzuk Brown Realty Group, Agent of Plaintiffs, are 491 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046; and the last known address of Defendant, Hong Tsang t/d/b/a China Garden is 5205 Simpson Ferry Road, Suite 11, Mechanicsburg, Pennsylvania 17055. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: -- A447 Christina M. Hugh A, Esquire Attorney for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC Dated: FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/9163 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager for Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that the facts set forth in the Complaint in Confession of Judgment are true and correct to the best of her knowledge, information, and belief; and that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals, highlighted for the Court's convenience. Sworn to and Subscribed before me this W`' day of Nnv• 006. Notary Public NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14, 2009 /m/ t a 12t, /&, ary u KoYke ager Pintzuk ty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/9163 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. AFFIDAVIT OF INCOME STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC; and, that to the best of her 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, Hong Tsang t/d/b/a China G Sworn to and Subscribed before me this l- hday of t-J a ?• , 2006. Notary Public in exAess of $10,000 per year. Mary gAffy, A#solt ager Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14, 2009 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. AFFIDAVIT OF NONAPPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT AND AFFIDAVIT OF NON-CONSUMER CREDIT TRANSACTION AND NON-RESIDENTIAL LEASE STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is the Asset Manager for Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she 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 seg.; 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 her knowledge, information and belief. Sworn to and Subscribed lljm?'111? d114 1. r y Asse ger before me this t S**;day M Duff of 06 j ' , 2006. tzuk B ?own Realt Group, ?o.---?- Agent of Home Elite Ltd., Inc. Notary Public and P.R. Real Estate, LLC NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14, 2009 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. AFFIDAVIT OF DEFAULT STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Mary Duffy, being duly sworn according to law, deposes and says that she is an Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; that Defendant, Hong Tsang t/d/b/a China Garden, 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 $7,839.38 (principal sum plus reasonable attorney's fees) due and wing undlyf the Lease. Sworn to and Subscribed Afl?f before me this \'S "' day ary D , As ager off„?t? o? • , 2006. Pintzuk rown Re Group, o-? Agent of Home Elite Ltd., Inc. and P.R. Notary Public Real Estate, LLC NOTARIAL. SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14, 2009 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/9163 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. Defendant. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND Mary Duffy, being duly sworn according to law, deposes and says that she is the Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she is authorized to make this affidavit on behalf of Plaintiffs; and, that to the best of her 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 Servicememb s Civil Relief Act. Sworn to and Subscribed before me this day ary Du , Ass an er of N °~ • , 2006. Pintzu rown Realty roup, ?? ...?? Agent of Home Elite Ltd., Inc. and P.R. Notary Public Real Estate, LLC NOTARIAL- SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County my commission expires May 14, 2009 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/9163 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. AFFIDAVIT OF BUSINESS TRANSACTION STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Mary Duffy, being duly sworn according to law, deposes and says that she is the Asset Manager of Pintzuk Brown Realty Group, Agent of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that she 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 ago commercial transaction. Sworn to and Subscribed before me this I'S " day of 2006. c (1a_ , Notary Public NOTARIAL SEAL Daniel R. Henderson, Notary Public Jenkintown Township, Montgomery County My commission expires May 14, 2009 Ma/y Du"sset#& Pi k Brown Realty Agent of Home Elite L1 Real Estate, LLC , Inc. and P.R. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Notice Under Rule 2973.2 of Judgment and Execution Notice of Defendant's Rights To: Hong Tsang t/d/b/a China Garden (Defendant) 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. 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: Frank G. Murphy, quire Christina M. Hughes, Esquire Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC 1601 Market Street, 26th Floor Philadelphia, PA 19103 Dated: (215) 563-0500 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW Docket No. NOTICE UNDER 42 PA. C.S.A. $ 2737.1 To: HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 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: 1,600 square feet of commercial space known as space L, (the "Property") currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055. 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. 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 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: Frank G. Murphy, squire Christina M. Hughes, Esquire Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 Dated: l//2D/Ob j, Xh, b,t A FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW HONG TSANG, Docket No. t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant. AFFIDAVIT STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ?%°'r 464M1?(_ , being duly sworn according to law, deposes and says that MO-q 24-F( is authorized to make this affidavit on behalf of Home Elite Ltd., Inc. and P.R. Real Estate, LLC; that Pintzuk Brown Realty Group is an authorized agent of and authorized to act on behalf of Home Elite Ltd., Inc. and P.R. Real Estate, LLC, as concerns the property owned by Home Elite Ltd., Inc. and P.R. Real Estate, LLC as tenants in common at East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055. Sworn to and Subscribed before me this ti(a day Signed: of ??vKsMb , 2006. ti Name (printed) : Notary Public ?a r t ec^rr Title: EARJAL SEAL erson, Notary p"Wic ip,.Montgomery ?opnty xpires may 14, 2009 Fxkjb,+ J3 10/09/92:10:42am:kac `t.doc LEASE Between WESLEY ASSOCIATES, Landlord and Say Quan Ly, Tenant TDBA CHINA WOK 10/09/92:10:42am:kacr l`.doc TABLE OF CONTENTS Pacre ARTICLE 1 - Premises . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - Construction and Improvements . . . . . . . . . . 1 ARTICLE 3 - Advertising Signs . . . . . . . . . . . . . . . . 1 ARTICLE 4 - Common Area . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - Contributions . . . . . . . . . . . . . . . . . 3 ARTICLE 6 - Term . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - Rent and Late Payment Charge . . . . . . . . . . 5 ARTICLE 8 - Interest . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 9 - Renewal . . . . . . .. . . . . . . . . . . . ... . 6 ARTICLE 10 - Rental Escalation . . . . . . . . . . . . . . . 7 ARTICLE 11 - Taxes and Assessments . . . . . . . . . . . . . 7 ARTICLE 12 - Tenant's Share of Taxes and Assessments . . . . 7 ARTICLE 13 - Use and Operations . . . . . . . . . . . . . . . 8 ARTICLE 14 - Utilities . . . . . . . . . . . . . . . . . . . 8 ARTICLE 15 - Assignment and Subletting . . . . . . . . . . . 9 ARTICLE 16 - Fire Insurance . . . . . . . . . . . . . . . . . 10 ARTICLE 17 - Increased Insurance cost . . . . . . . . . . . . 10 ARTICLE 18 - Landlord's Right to Cure Tenant's Defaults . . . 10 ARTICLE 19 - Liability Insurance and Indemnification . . . . 11 ARTICLE 20 - Tenant's Share of Landlord's Insurance Costs . . 12 ARTICLE 21 - Waiver of Liability . . . . . . . . . . . . . . 13 ARTICLE 22 - Repair and Maintenance . . . . . . . . . . . . . 13 ARTICLE 23 - Alterations . . . . . . . . . . . . . . . . . . 15 ARTICLE 24 - Surrender of the Demised Premises . . . . . . . 16 ARTICLE 25 - Waste or Nuisance . . . . . . . . . . . . . . . 16 ARTICLE 26 - Governmental Regulations . . . . . . . . . . . . 17 ARTICLE 27 - Warranties . . . . . . . . . . . . . . . . . . 17 ARTICLE 28 - Trade Fixtures . . . . . . . . . . . . . . . . . 17 ARTICLE 29 - Access of Landlord . . . . . . . . . . . . . . . 17 ARTICLE 30 - Default by Tenant . . . . . . . . . . . . . . . 18 ARTICLE 31 - Damage or Destruction . . . . . . . . . . . . . 23 ARTICLE 32 - Hazardous Substances ... . . . . . . . . . . . . 24 ARTICLE 33 - Eminent Domain . . . . . . . . . . . . . . . . . 26 ARTICLE 34 - Subordination . . . . . . . . . . . . . . . . . 27 ARTICLE 35 - Relationship of Parties . . . . . . . . . . . . 28 ARTICLE 36 - Definitions . . . . . . . . . . . . . . . . . . 28 ARTICLE 37 - Accord and Satisfaction . . . . . . . . . . . . 29 ARTICLE 38 - Quiet Enjoyment . . . . . . . . . . . . . . . . 29 ARTICLE 39 - Holding Over . . . . . . . . . . . . . . . . . . 29 ARTICLE 40 - Recording . . . . . . . . . . . . . . . . . . . 30 ARTICLE 41 - Delays . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 42 - Captions . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 43 - Partial Invalidity and Construction . . . . . . 30 ARTICLE 44 - Binding Effect . . . . . . . . . . . . . . . . . 30 ARTICLE- 45 - Arbitration . . . . . . . . . . . . . . . . . . 31 ARTICLE 46 - Notices . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 47 - Commissions Due Real Estate Broker . . . . . . . 31 ARTICLE 48 - Exhibits . . . . . . . . . . . . . . . . . . . . 32 - i - 10/09/92:10:42am:kac:^111.doc ARTICLE 49 - Entire Agreement . . . . . . . . . . . . . . . . 32 ARTICLE 50 - Security Deposit . . . . . . . . . . . . . . . . 32 ARTICLE 51 - Limitation Upon Landlord's Liability 32 ARTICLE 52 - Time of the Essence . . . . . . . . . . . . . . 33 Exhibit A - SITE PLAN . . . . . . . . . . . . . 34 EXHIBIT B - SIGNAGE . . . . . . . . . . . . . . . . . . . . . 35 - ii - 10/09/92:10:42am:kac:° q.doc AGREEMENT OF LEASE THIS AGREEMENT OF LEASE, made this day of October, 1992, by and between WESLEY ASSOCIATES, having a place of business at C/O Bennett Williams, Inc.135 North George Street, York, Pennsylvania 17401, its successors or assigns (hereinafter called Landlord"), and Say Quan Ly, tdba China Wok, having a mailing address of 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania 17055, its successors or assigns (hereinafter called "Tenant"). W I T N E S S E T H: ARTICLE 1 - Premises (a) In consideration of the rents and covenants herein set forth on the part of the Tenant to be paid, performed and observed, the Landlord does hereby lease the premises (hereinafter referred to as "Demised Premises") within the Eastgate Plaza (hereinafter referred to as the "Shopping Center") situated in Hampden Township, New Cumberland, Pennsylvania. (b) The Shopping Center consists of the land (and all improvements that are to be constructed thereon) as shown. on Exhibit A attached hereto. (c) The purpose of Exhibit A is to show the location of the Demised Premises and the entrances and exits for the Shopping Center. Landlord reserves the right, at any time, to relocate, modify, eliminate or add to the various buildings, stores and other improvements, whether or not shown on Exhibit A, provided that Landlord shall not materially interfere with access to the Demised Premises. (d) The Demised Premises consists of the retail space designated as Store #K & L, as shown on Exhibit A containing approximately 3,200 square feet, measured to the center line of all party or common walls, and to the exterior faces of all other walls. ARTICLE 2 - Construction and Improvements Tenant agrees to take the space "As Is". ARTICLE 3 - Advertising signs (a) All signage is subject to Townships and local municipalities approval. (b) Tenant shall have the right to incorporate its trade name or store identification within the area or areas provided for by Landlord; provided, however, that any such signs shall strictly 10/09/92:10:42am:kac:0" doc conform in color, style, design and in all other respects to the criteria established by Landlord for the Shopping Center. No other exterior sign or advertising will be permitted by Tenant, outside of the Demised Premises or the Shopping Center. However, Landlord acknowledges the difference between "temporary point-of-sale mate- rial" and permanent advertising signs, and permission for this type of temporary advertising on glass area of the store front is granted to Tenant, provided said advertising is in good taste and professional in appearance. Landlord shall approve all signs such approval not to be unreasonably withheld. (c) Approval for location and dimension of signs is as follows: (1) Front of building - See sign criteria. ARTICLE 4 - Common Area (a) All those portions of the Shopping Center not shown as building areas on Exhibit A shall be "Common Areas". Tenant shall have the right to use the Common Areas but Tenant's right to use the common Area is not exclusive to Tenant, but shall be for the common use of.Tenant and the other tenants and lawful occupants of the Shopping Center and their employees, agents, customers, licensees and invitees and parties with whom they do business. The Common Area shall also be for the location and maintenance therein of all the utilities, services and other installations serving the buildings in the Shopping Center and with Landlord's prior written permission for special promotional-type activities and events for the Shopping Center. Landlord, or its designee, and the other ten- ants and lawful occupants of the Shopping Center, shall also have the right to go over and on the Common Area with men and materials as reasonably required to construct, repair and alter any buildings in the Shopping Center, provided that such persons shall not thereby unreasonably interfere with Tenant's use of the Demised Premises. (b) Except as otherwise provided in this Lease, and as they may otherwise hereafter agree in writing, the parties hereto shall not: (1) Obstruct the free passage of vehicles to and from the entrances of the Shopping Center. (2) Interfere with the installations in the Common Areas which are for the service of the building and the Shopping Center. (c) Landlord agrees, as hereinafter set forth: (1) To maintain and keep in good repair all por- tions of the Common Area, including, but not limited to any and all roads, driveways, curbs, culverts, drainage - 2 - 10/09/92:10:42am:kac:'l.doc _ facilities, surfacing, landscaping, fences, gates, directional and Shopping center signs, grading, paving marking of the parking area, plumbing systems, sewer and sewage disposal lines, water supply lines, sprinkler lines and other requisite services and utility lines, pipes and installations of every kind. (2) To keep the Common Area open for use and adequately lighted for a period of at least thirty (30) minutes prior to and until (30) minutes subsequent to the operating hours of the Shopping Center. (3) To keep the sidewalks and curbs, adjacent to and immediately in front of the Demised Premises and throughout the Shopping Center, reasonably free from accumulated snow, ice and refuse and to comply with all governmental requirements respecting same. (d) The Landlord shall have the right to make changes, additions, alterations, or improvements in the Common Area, pro- vided that, other than temporary inconvenience necessitated by construction activities, there shall be no unreasonable obstruction of Tenant's right of access to the Demised Premises or any unrea- sonable interference with Tenant's use thereof. ARTICLE 5 - Contributions (a) Tenant agrees to pay to the Landlord, as additional rent, Tenant's Share of the Cost of maintenance and operation of the Common Area. (b) Tenant's Share of the Cost of the maintenance and operation of the Common Area shall be determined by the following formula: The number of square feet of floor area in the Demised Premises (3,200 square feet) shall be multiplied by the fraction, the numerator of which shall be the total cost of the maintenance and operation of the Common Area, and the denominator of which shall be the sum of the total leasable building area in the Shopping Center (36,000 square feet). (c) Tenant's Common Area maintenance contribution shall be paid within thirty (30) days after receipt of a Landlord's bill therefore setting forth Tenant's share of the Common Area contribu- tion. Tenant shall be invoiced monthly or, at Landlord's discre- tion, quarterly, semi-annually or annually. Within sixty (60) days following the end of each calendar year, Landlord will deliver to Tenant an itemized breakdown of the Common Area maintenance charges signed by Landlord or a duly authorized agent of Landlord. - 3 - 10/09/92:10:42am:kac:' % doc (d) During any part of the term hereof, which shall be less than the full annual period used to compute Tenant's share of the cost of the maintenance and operation of the Common Area, any Common Area contribution payable by Tenant shall be prorated on a daily basis to the end that Tenant shall only pay the contribution attributable to that fractional part of the annual period occurring within the term of this Lease. (e) The cost of the maintenance and operation of the Common Area shall mean the total costs and expenses incurred in operating and maintaining the Common Area, including, without limi- tation, compensation to a management company equal to four percent (40) of the gross rents received from all tenants; Christmas or other seasonal decorations; gardening and landscaping; sign insur- ance, replacement, repairs and maintenance of all parts of the Common Area, including restriping and repaving of the parking area; lighting; rental of signs and equipment; sanitary control; removal of snow and ice; and all other similar direct costs, charges and expenses resulting from the maintenance and operation of the Common Area, including the cost of removing Tenant's trash.- (f) The various costs of the maintenance and operation of the Common Area shall not exceed the costs incurred in connec- tion with the operation of first class shopping center common areas in the Hampden Township, New Cumberland, Pennsylvania business area. ARTICLE 6 - Term (a) The term and rental of this Lease shall be for a ti period of years, and shall commence upon the arlier of: A i - (1) The new rental shall commence rebroaa_1. 1, 1993. 1 Tenant will pay rent of $1,333.33 per month until that time J e X Ce?f aka.' No vo-rA Jotc- (°I `1'L -??0.?ti`? W d( ( p -,c # 7- (2) The original term of this lease will terminate r-3? , i9-9,W. F?_?ru o?r x 287 7oO3 (b) An instrument setting forth the date of commencement of the term of this Lease shall be prepared by Landlord and executed by Tenant and Landlord. (c) The Demised Premises shall be accepted by Tenant notwithstanding the existence of relatively minor "punch list" items which will not prevent the Tenant from operating its business in a normal manner. Any such "punch list" items shall continue to be Landlord's responsibility to complete as soon as possible. (d) A "lease year," as herein referred to, shall then consist of that full twelve (12) month period commencing on the first day of the first full month during which this Lease is in full force and effect and of each full twelve (12) month period -,4 - 10/09/92:10:42am:kac ` 1 .doc thereafter. If the commencement date of this Lease, as provided as aforesaid, is a day not the first day of the month, the first lease year shall consist of the remainder of that first month and of the first full twelve (12) months thereafter. (e) If the Landlord notifies the Tenant that the Demised Premises is ready for possession and the Demised Premises is ready for possession, and the Tenant fails to take possession and to open the Demised Premises for business fully fixtured, stocked and staffed within sixty (60) days from the date of said notice then the Landlord may, in addition to any and all remedies herein provided, at its option, collect not only the minimum rent herein provided, but additional rent at the rate of one-fifteenth (1/15) of the fixed minimum monthly rental per day for each and every day that the Tenant shall fail to commence to do business as herein provided. Said additional rental shall be deemed to be in lieu of any percentage rent that might have been earned during such period of Tenant's failure to open. ARTICLE 7 - Rent and Late Payment Charge (a) Tenant agrees to pay Landlord, each month, during the term hereof, a Fixed Monthly Rental for the Demised Premises, as follows: Rental Year Monthly Year 1 2 $2,200.00 $2,200.00 $26,400.00'q,5 $28,400.00 q- 3 $21,300.00 $27,600.001 4 $2,500.00 $30,000.00} 5 $2,500.00 $30,000.00 6 $2,616.00 $31,392.00 7 $2,695.00 $32,340.00=? 8 $2,775.00 $33,300.00 L> 9 $2,859.00 $34,308.000 10 $2,944.00 $35,328.000'. plus all cumulative increments produced by the Rental Escalation Articles as hereinafter set forth, per month in advance without offset or demand. Payment shall be made to the Landlord at the place hereinafter specified for the giving of notices to Landlord or at such other places as Landlord shall designate in writing. (b) The Minimum Annual Rent shall be the product of the Fixed Monthly Rental, as adjusted, multiplied by twelve (12). Following any adjustment for Rental Escalation, the Fixed Monthly Rental shall be the quotient of the Minimum Annual Rent divided by twelve (12). (c) In the event the commencement date of this Lease is a day other than the first day of the month, then in that event, - 5 - 10/09/92:10:42am:kac:1''1.doc ' the rent for the balance of that month shall be determined by multiplying the aforementioned monthly rental by the fraction, the numerator of which is the number of days remaining in that month, and the denominator of which is the total number of days in that month. The result of the above computation shall be paid to the Landlord on or prior to such commencement date. (d) In addition to any other rights or remedies given to Landlord, in the event Tenant fails to make payment of its regular monthly rental payment by the fifth day of the month, or fails to make any payment when due of additional rent due hereunder, Tenant shall pay to Landlord the additional sum of five percent (5%) of the amount due as a late payment charge, which late payment charge shall become additional rent. (e) The first rental year of this on the first day of the term and shall end twelfth full calendar month of the Term; thi year shall consist of periods of twelve (12) commencing with each anniversary of the first calendar month of the term. Lease shall commence at the close of the ?reafter, such rental full calendar months day of the first full (f) All rents payable and all statements deliverable by Tenant to Landlord under this Lease shall be paid and delivered to WESLEY ASSOCIATES, C/O Bennett Williams, Inc., 135 North George Street, York, Pennsylvania 17401. ARTICLE 8 - Interest Wherever in this Lease there is a provision that Tenant shall be liable for the payment of any sum to Landlord, together with interest thereon, or whenever Tenant shall fail to pay any sum when due, such sum shall bear interest until paid at a rate equal to the greater of: (1) The prime rate of interest charged by the York Bank & Trust Company of. York, Pennsylvania, or its successors, plus two percent (2%); or (2) six percent (6%) per annum; but, in no event shall the rate be greater than the legal rate of interest which may be charged to borrowers of the same character as Tenant. ARTICLE 9 - Renewal (a) Provided Tenant has complied with all the terms and conditions of this Lease, then Tenant shall have the option to renew this Lease for one (1) successive additional period(s) of five (5) years after the expiration of the original term hereof on the same terms and conditions as herein provided, except, however, - 6 - 10109/92:10:42am:kac:doc that the fixed minimum rent shall be increased pursuant to the Rental Escalation Article hereinafter set forth. (b) Such cised by Tenant at unless Tenant shall to renew its Lease original term. options to renew shall be deemed to be exer- the end of the original five (5) year term, notify Landlord in writing of its intention not at least six (6) months before the end of the Vag o ARTICLE 10 - Rental Escalation en o Gt.?? ! t t +.. «eo.52 pr?a? r . ?,-{? T c`2fi?52 6.,. Ike- L f £" Bc e?`- l?lort-??. f l,J?• c L. T t Q?? g? 1?1 G f 9???s ?l??g ?c 4ri?c? ?rw. ?r??s /0i1? ?+?ot?hv? vo?f ( y 7?iece?cS TICLE it - Taxes and Assessme is (a) Subject to the reimbursement provisions of Article 12, all Real Estate Taxes, as hereinafter defined, on the land and the buildings in the Shopping Center shall be paid by the Landlord. (b) Tenant shall pay any and all taxes, assessments or charges which may be levied upon or attributable to goods or merchandise or fixtures or other items and improvements placed upon and in the Demised Premises by Tenant. (c) The term "Real Estates Taxes" shall mean and include all real estate taxes, assessments, water and sewer rents and other governmental impositions and charges of every kind and nature what- soever, special as well as regular, extraordinary as well as ordin- ary, foreseen and unforeseen, and each and every installment there- of, which shall or may during the Lease term be levied, assessed, imposed, become due and payable, or liens upon, or arising in connection with the use, rental, occupancy or possession of, or growing due and payable out of, or for the Shopping Center or any part thereof, on any land, building, other improvements, or any leasehold interest thereto, or any payments made by Landlord in lieu of any of the foregoing. Such term shall not include any charge, such as water meter charges or any sewer rent based there- on, which is measured by the consumption by the actual user of service for which the charge is made. Whether or not the Landlord shall take the benefit of the provisions of any statute or ordin- ance permitting any assessment for public betterments or improve- ments to be paid over a period of time, Landlord shall, neverthe- less, be deemed to have taken such benefit so that the "Real Estate Taxes" shall include only the current annual installment of any such assessment and the interest on unpaid installments. ARTICLE 12 - Tenant's Share of Taxes and Assessments (a) Tenant agrees to pay to Landlord each year during the term hereof, on demand, as additional rent, Tenant's Share of Real Estate Taxes, as hereinafter described. - 7 - 10/09/92:10:42am:kac.9'" dOC (b) Tenant's Share of Real Estate Taxes shall be camputed as follows: (1) The total Real Estate Taxes payable for the Shopping Center, as shown on Exhibit A, shall be divided by the total number of square feet of leasable retail floor area (36,000 square feet) of the Shopping Center. (2) The result of Step (1) shall be multiplied by number of square feet in the Demised Premises (3,200 square feet), and the result of Step (2) shall be the amount of Tenant's Share of Real Estate Taxes. (c) Tenant shall pay to the Landlord Tenant's Share of Real Estate Taxes, as herein defined, within fifteen (15) days after receipt by Tenant of a bill from Landlord setting forth Tenant's Share of Real Estate Taxes. Landlord may bill from time to time as such expenses are incurred. ARTICLE 13 - Use and operations (a) Tenant shall use and occupy the Demised Premises solely as a chinese restaurant, trading and doing business under the name of CHINA WOK or such other trade name as Landlord may approve in writing. (b) Tenant shall operate its business in all of the Demised Premises continuously, actively and diligently during the entire term of this Lease and shall at all times keep the Demised Premises fully equipped and fixtured and shall maintain a full inventory of merchandise. Tenant shall keep the Demised Premises open for business and adequately staffed during the regular and customary days and hours for the operation of similar stores in the business area of Hampden Township, New Cumberland, Pennsylvania, except during periods the Demised Premises may be untenantable by reason of fire or other unavoidable casualty or causes. Tenant shall use for clerical offices or other non-selling purposes only such space in the Demised Premises as is from time to time reasonably required for conduct of Tenant's business at the Demised Premises. (c) Without the prior written approval of Landlord, in Landlord's sole discretion, Tenant shall not display or sell goods or merchandise in the Common Areas or otherwise outside of the Demised Premises. ARTICLE 14 - Utilities (a) The Landlord agrees that, during the term of this Lease or any extensions thereof, the Demised Premises shall, at all times, be connected to the electric, gas, water and sewer lines or systems, as applicable, serving the Shopping Center. - 8 - 10/09/92:10:42am:kac:I-" doc . (b) Landlord shall not be liable to Tenant for the failure of any of the above utility services. However, Landlord agrees, in the event of any suspension or failure of service, to proceed with all due diligence to restore or cause the restoration of such services as soon as is reasonably practical under the cir- cumstances. Tenant will not hold Landlord responsible if the gas to the Demised Premises becomes unavailable, nor will Tenant hold Landlord responsible for any equipment conversion or installation costs caused by such unavailability of gas. (c) Landlord agrees that the connections of the elec- tric, gas, water and sewer lines will be brought to the Demised Premises to the points designated, in accordance with Exhibit ?. (d) Tenant shall promptly pay, as the same becomes due, all bills for telephone services, gas, electricity, fuel, oil, water, sewer and similar utilities consumed on or applicable to the Demised Premises. ARTICLE 15 - Assignment and Subletting (a) Tenant shall not, during the term of this Lease or extension thereof, assign, transfer, mortgage, pledge or otherwise encumber this Lease or the leasehold estate created hereby or any part of Tenant's title hereto or interest herein, in whole or in part, nor shall Tenant sublease the-Demised Premises, in whole or in part, without the prior written consent of Landlord, in Land- lord's sole discretion. In the event of any such assignment or subletting with the consent of Landlord, Tenant will nevertheless remain liable for the performance of all the terms, covenants and conditions . of this Lease and, in addition, will require any as-. signees or sublease to execute and deliver to Landlord an assump- tion of liability agreement in form acceptable to Landlord as a condition precedent to the assigning or subletting. Consent by Landlord to any assignment or subletting shall not constitute a waiver of the requirement of such consent to any subsequent assign- ment or subletting. Any assignment by operation of law, attachment or assignment for the benefit of creditors shall, at Landlord's option, be inoperative. An assignment within the meaning of this paragraph shall be deemed to include one or more sales or trans- fers, by operation of law or otherwise, or creation of new stock, by which an aggregate of more than fifty percent (50%) of Tenant's stock, if Tenant is a corporation, of the ownership interest of Tenant, if Tenant is another form of entity, shall be vested in a party or parties who are non-stockholders or non-owners as of the date hereof. (b) The interest of the Landlord herein may be assigned in whole and also in one or more parts. In the case of any such assignment, the Landlord shall advise the Tenant of the name or names of the assignee or assignees, and Landlord shall have no liability hereunder from and after the effective date of any such - 9 - 10/09/92:10:42am:kac:'t doc assignment, except for obligations which may have theretofore accrued. ARTICLE 16 - Fire Insurance (a) Landlord agrees throughout the term of this Lease and any extensions thereof to carry fire and extended insurance coverage on the Demised Premises in an amount not less than the actual replacement value without deducting physical depreciation on the building, but exclusive of costs of excavation, foundations and footings below the underside of the lowest floor, if excluded by the policy, to the extent of Landlord's work as set forth in this Lease. (b) Tenant agrees throughout the term of this Lease and extensions thereof to carry fire and extended insurance coverage in an amount equal to the replacement cost of fixtures, normal inven- tory and leasehold improvements in the Demised Premises, including, but not limited to any improvements installed at Tenant's expense. Such insurance may be included in a blanket policy or policies. ARTICLE 17 - Increased Insurance Cost Tenant shall comply with all laws and ordinances and recommendations of the Association of Fire Underwriters and will not do, nor permit anything to be done, nor neglect to do anything, nor bring nor keep nor permit anything to be brought into or kept on the Demised Premises which shall cause an increase beyond normal premiums that may be charged during the term of this Lease on any public liability, casualty, fire and extended coverage insurance carried on the Demised Premises or the Shopping Center. If, by any reason of any act or omission of Tenant, the insurance premiums are increased beyond normal premiums, Tenant shall pay as additional rent hereunder the amount of such increased premiums. A schedule issued by the organization establishing the insurance rate on the Shopping Center, showing the component of such rate, shall be conclusive evidence of the amount of such increased premiums. ARTICLE 18 - Landlord's Right to Cure Tenants Defaults Tenant agrees that, if Tenant fails to make any. repairs or do any work required of the Tenant by the provisions of this Lease, or if Tenant shall in any other respect fail to perform any covenant or agreement in this Lease contained on the part of the Tenant to be performed, then, and in any such event, after the continuance of any such failure or default for ten (10) days after notice in writing thereof is given by the Landlord to the Tenant, notwithstanding any delay or forbearance in giving such notice, Landlord may cure such defaults, all on behalf of and at the ex- pense of the Tenant, and shall have a right of entry into the Demised Premises for such purposes. Landlord may further do all - 10 - 10/09/92:10:42am:kac.fI I.doc ; 'necessary work and. make all necessary payments in connection there- with, including, but not limiting the same, to the payment of any attorney's fees and costs and charges of or in connection with any legal action which may have been brought. Tenant agrees to pay to Landlord forthwith any amount so paid by Landlord. All sums charged to Tenant by Landlord hereunder shall be indebtedness of Tenant to Landlord and shall become due as additional rents. ARTICLE 19 - Liability Insurance and Indemnification (a) Throughout the term of this Lease and any extensions thereof, Tenant shall obtain, maintain and pay for policies of comprehensive general liability (including products liability) insurance covering the Demised Premises, the business operated by Tenant in and from the Demised Premises and the contractual lia- bility of Tenant under this Lease in form and with insurers satisfactory to Landlord in amounts required by Landlord's mort- gagees, from time to time, but not less than Five. Hundred Thousand ($500, 000.00).Dollars with respect to property damage, Five Hundred Thousand ($500,000.00) Dollars with respect to death or personal injuries to any one (1) person, and One Million ($1,000.000.00) Dollars arising out of any one (1) occurrence. Such insurance may be included in a blanket policy or policies. (b) All insurance policies required to be maintained by Tenant under this Lease shall be with insurance companies licensed to do business in the State of Pennsylvania and satisfactory to Landlord and shall protect both Landlord, Landlord's mortgagees and Tenant, as their respective interests may appear. Certificates of such insurance shall be delivered to Landlord a minimum of thirty (30) days prior to possession of the Demised Premises by Tenant with renewals thereof delivered to Landlords a minimum of thirty (30) days prior to the expiration of any such policies. If re- quested to do so, Tenant shall also provide Landlord with copies of the pertinent portions of all such policies and shall also permit Landlord to examine the original policies. Each policy and certif- icate evidencing the same shall contain an agreement by the insurer that such policy shall not be cancelled or modified without ten (10) days' written notice to Landlord and that no act or omission of Tenant shall invalidate the interest of Landlord under such insurance. If Tenant fails to obtain and maintain any such insur- ance or to deliver any of the certificates as required in this Lease, Landlord may, in addition to any other remedy under this Lease, procure such insurance at the expense of Tenant and pay the cost thereof. Such cost shall be deemed additional rent and shall be payable by Tenant to Landlord immediately upon demand, together with interest until paid. (c) During the term of this Lease or any extension here- of, Tenant hereby agrees to indemnify and hold Landlord and Land- lord's mortgage lenders harmless from any and all claims and demands arising out of the negligent acts or omissions of Tenant, its officers and employees, and resulting in the loss of or damage - 11 - 10/09/92:10:42am:kac:°('-doc to property or for injury to or death of any person while in, upon or about said Demised Premises. (d) Landlord covenants and agrees that it shall maintain a comprehensive policy of general liability insuring Landlord, Land- lord's mortgagees and Tenant, as additional insured, against any liability occasioned by accident on or about any portion of the Common Area of the Shopping Center, which insurance shall protect the interest of Tenant against any liability whatsoever, except such as shall arise out of Tenant's agents, employees or servants, licensees or invitees, or any contract of Tenant, or by default of Tenant under this Lease. The aforesaid liability policy shall be written by good and solvent insurance companies duly licensed to do business in the State of Pennsylvania and shall be in amounts not less than Five Hundred Thousand ($500,000.00) Dollars with respect to property damages, one Million Dollars ($1,000,000.00) Dollars with respect to death or personal injury to any one (1) person, and Five Million ($5,000,000.00) Dollars with respect to death or per- sonal injuries out of any one (1) occurrence. Such insurance may be carried under a blanket policy covering other-locations of Land- lord, provided the protection and coverage afforded Tenant is not reduced thereby. Landlord agrees to deliver to Tenant at least ten (10) days prior to the time such liability insurance is first required to be carried by Landlord and, thereafter, at least thirty (30) days prior to the expiration of any such policy, either a duplicate original or a certificate of all policies procured by Landlord in compliance with its obligations hereunder. ARTICLE 20 - Tenant's Share of Landlord's Insurance Costs (a) Tenant agrees to pay to Landlord each year during the term hereof, on demand, as additional rent, Tenant's Share of the Landlord's insurance costs as set forth in Article 16(a) and Article 19(d) or any place else in this Agreement as hereinafter described. (b) Tenant's Share of Landlord's insurance costs shall be computed as follows: (1) The total of Landlord's insurance costs, pay- able for the Shopping Center, as shown on Exhibit A shall be divided by the total number of square feet of leasable retail floor area (36,000 square feet) of the Shopping Center. (2) The result of Step (1) shall be multiplied by the number of square feet in the Demised Premises (3,200 square feet) , and the result of Step (2) shall be the amount of Tenant's Share of insurance costs. (c) Tenant shall pay to the Landlord, Tenant's Share. of Landlord's insurance costs as herein defined, within fifteen (15) days after receipt by Tenant of a bill from Landlord setting forth - 12 - 10/09/92:10:42am:kac:9'- doc Tenant's Share of Landlord's insurance expense and, if requested by Tenant, proof of payment by Landlord of such expenses. Landlord may bill from time to time as such expenses are incurred. ARTICLE 21 - Waiver of Liability (a) Notwithstanding anything in this Lease to the con- trary, Tenant shall not be liable to Landlord or to any insurance company insuring Landlord for any loss or damage to the Demised Premises or to any improvement or property located within the entire Shopping Center which was covered by fire and extended coverage insurance even though such loss or damage may have been occasioned by the negligence of Tenant, its agents or employees. (b) Conversely, anything in this Lease to the contrary notwithstanding, Landlord shall not be liable to Tenant or any insurance company insuring Tenant for any loss or damage to any property of Tenant located within the entire Shopping Center which was or could have been covered by fire and extended coverage insur- ance even though such loss or damage.may have been occasioned by the negligence of Landlord or its agents or employees. (c) The parties hereto agree that their policies will include such waiver, clause or endorsement so long as available and so long as the other party pays such extra cost. If extra cost shall be chargeable therefore, each party shall advise the other of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so, in which case there shall be no waiver by either party. ARTICLE 22 - Repair and Maintenance (a) Tenant shall at all times maintain the Demised Pre- mises (including the inside and outside of all exterior entrances, store front and the glass and moldings in the doors and windows) and all partitions, doors,-'fixtures, equipment and appurtenances thereof, in good order, condition and.repair and including reasona- ble periodic painting, making proper replacements when necessary, all at its own expense,. except for structural portions of the roof, foundation, exterior walls, structural floors, ceiling supports, all outside electrical service to the building and the outside por- tion of the water and sewer lines, which shall be maintained by Landlord; but, if Landlord is required to make repairs by reason of Tenant's willful or negligent acts or omissions to act, the cost of such repairs shall be paid by Tenant and shall thereafter become due as additional rent. (b) All electrical and plumbing systems and fixtures, heating and air conditioning systems shall be maintained by Land- lord, except that Tenant shall be responsible for ordinary main- tenance of HVAC, plumbing and electrical systems, such as replace- ment of filters and seasonal maintenance. Notwithstanding anything - 13 - 10/09/92:10:42am:kac:171doc `l `herein to the contrary, Landlord shall be responsible for broken grass caused by the settling of the building for the first lease year. (c) Tenant shall maintain the Demised Premises at its own expense in a clean, orderly and sanitary condition, free of insects, rodents, vermin and other pests and shall not permit undue accumulation of garbage, trash, rubbish and other refuse, but shall remove the same at its own expense and shall keep such refuse in proper containers. Landlord shall provide and designate a place (reasonably convenient to the Demised Premises) and manner for picking up refuse and garbage, and Tenant shall use such place and avail itself of such refuse disposal service and shall reimburse Landlord for Tenant's proportionate share of the costs thereof. (d) Tenant further covenants that Tenant: (1) Will promptly replace at its own expense with d6V/5 glass of like kind and quality, and plate glass, door or ` 5y window glass of the Demised Premises which may become \I* cracked or broken except as provided in Article 22(b) above. (2) Will not use or permit the use of any apparatus of sound reproduction or transmission, or any musical in- strument, in such a manner that the sound so reproduced, transmitted or produced shall be audible beyond the con- fines of the Demised Premises. (3) Will keep all mechanical apparatus free of vibrations and noise which may be transmitted beyond the confines of the Demised Premises. (4) Will not, without the consent in writing of Landlord, place or maintain any merchandise or other articles in any-vestibule or entry of the Demised Pre- mises, on the walkways adjacent thereto, or elsewhere on the exterior thereof. (5) Will keep the Demised Premises at a temperature sufficiently high to prevent the freezing of water and pipes and fixtures. (6) Will not use the plumbing facilities for any purpose than that for which they are constructed and will not permit any foreign substance of any kind to be thrown therein. The expense of repairing any stoppage, seepage or damage, whether occurring on or off the Demised Pre- mises, resulting from a violation of this provision by Tenant or Tenant's employees, agents or invitees, shall be borne by Tenant. All grease traps and other plumbing traps shall be kept clear and operable by Tenant at Tenant's own cost and expense. - 14 - 10/09/92:10:42am:kac:9( doc J (7) Will, notwithstanding anything in this Lease to the contrary, be responsible for all repairs and replace- ments to the Demised Premises necessitated by a burglary or attempted burglary, or any illegal forcible entry into the Demised Premises. (8) Will comply with all laws and ordinances and all valid rules and regulations of governmental authorities. (9) Will not receive or ship articles of any kind except through facilities provided or designated for that purpose by Landlord. Front door receiving is approved by Landlord. (10) Will conduct its business in the Demised Pre- mises in all respects in a dignified manner in accordance with standards of operation of such type of business. (11) Will comply promptly with all reasonable rules and regulations established by Landlord for all tenants of the Shopping Center. (e) If Tenant refuses or neglects to repair, replace and maintain property as required hereunder as soon as reasonably pos- sible after written notice from Landlord to do so, Landlord may undertake the same without liability of Landlord to Tenant for any loss or damages that may accrue to Tenant's merchandise, fixtures or other property or to Tenant's business by reason thereof, pro- vided that Landlord acts reasonably in effecting such repair, replacement and/or maintenance, Tenant shall pay, upon demand, as additional rent, Landlord's cost and expense in effectuating the same upon presentation of bills therefor, plus fifteen percent (15%) for overhead and supervision. Said bills shall include interest on said cost and expense from the date of completion by Landlord. ARTICLE 23 - Alterations (a) Tenant may make any and all interior nonstructural alterations or interior nonstructural improvements to the Demised Premises at its sole cost and expense, provided that any such alterations shall be made in a good, workmanlike manner and not weaken the structure thereof, and Tenant, before commencing such work, shall take appropriate steps to comply with all lawful requirements, including, but not limited to procuring any and all required governmental permits, and shall secure from its general contractor and properly file a valid stipulation against liens (or waiver of liens) to avoid subjecting the property of Landlord or any portion of the Demised Premises or Shopping Center to any lien for labor, materials or equipment supplied to any part thereof. - 15 - 10/09/92:10:42am:kac:91( iec (b) Tenant shall not have the right to make any other alterations, additions or improvements to the Demised Premises without first obtaining, in each instance, the prior written con- sent of Landlord, which consent (except to external alterations, additions or improvements) may not be unreasonably withheld. (c) Tenant shall not permit any mechanic's or other lien or claim for lien or notice in respect thereto to be filed against the Demised Premises or the Shopping Center or any fixtures, equip- ment or furnishing contained therein. If any such lien or claim be made or filed, Tenant shall, within ten (10) days after notice of the filing thereof, cause such said lien, notice or claim for lien to be effectively removed and discharged of record; provided, how- ever, that Tenant shall have the right to contest the amount or validity, in whole or in part, of any such lien, notice or claim by appropriate proceedings, but, in any event, Tenant shall promptly bond such lien, notice or claim with a surety company satisfactory to Landlord and shall prosecute such proceedings with all due diligence and dispatch. If Tenant fails to so discharge or bond such lien, Landlord may, at its election, remove or discharge such lien, notice or claim by paying the full amount thereof, or other- wise, and without any investigation or contest of validity thereof, and Tenant shall pay to Landlord, upon demand, as additional rent, the amount paid by the Landlord, including Landlord's costs, expenses and counsel fees. ARTICLE 24 - Surrender of the Demised Premises At the expiration of, or sooner termination of this Lease, Tenant shall peaceably surrender the Demised Premises in the same condition as they are required hereby to be kept by Tenant, excepting normal wear and tear and any alterations and improvements permitted by this Lease or effected with Landlord's consent. At such time, Tenant shall surrender all keys for the Demised Premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of all combinations on locks, safes and vaults, if any, in the Demised Premises. Tenant shall in accordance with Article 28 of this Lease, remove all its trade fixtures from the Demised Premises and shall repair any damages to the Demised Pre- mises caused thereby not later than the time hereby fixed for such surrender. ARTICLE 25 - Waste or Nuisance Tenant shall not commit or suffer to be committed any waste upon the Demised Premises. Tenant shall not commit or suffer to be committed any nuisance or other act which may disturb the quiet enjoyment of any other Tenant or occupant of the Shopping Center, nor shall it engage in any activity which may reasonably be expected to attract to the Demised Premises or to the Shopping Center any person who might reasonably be objectionable to, disturb 16 - 10/09/92:10:42am:kac:9doc the operation or decorum of or otherwise cause a disturbance in the Shopping Center. ARTICLE 26 - Governmental Regulations Tenant shall, at Tenant's cost, comply promptly with and observe all requirements of all federal, state and local govern- mental authorities having jurisdiction over the Demised Premises or the use and occupancy thereof or the operation of Tenant's business. ARTICLE 27 - Warranties Landlord will pass on to Tenant all warranties applicable to the Demised Premises and the improvements located thereon. Landlord further agrees to unconditionally guarantee workmanship and material for the first year following Tenant's possession of the Demised Premises. ARTICLE 28 - Trade Fixtures Trade fixtures shall remain the property of Tenant and shall be removed at -the expiration or sooner termination of the term of this Lease or any renewal or extensions thereof, provided Tenant shall not then be in default under any covenant or agreement contained in this Lease and that Tenant shall have promptly re- paired any damage to the Demised Premises caused'by such removal. If Tenant fails to remove any such trade fixtures upon expiration or sooner termination of this Lease, such trade fixtures shall, at Landlord's election, be deemed abandoned and shall become the prop- erty of Landlord, or may be removed by Landlord at Tenant's ex- pense, which expense shall be additional rent hereunder. Lighting fixtures, heating and air conditioning equipment, plumbing and electrical systems and fixtures and floor covering shall not be deemed to be trade fixtures whether installed by Tenant or by any- one else and shall not be removed from the Demised Premises, but shall upon installation become the property of Landlord without any compensation to Tenant. ARTICLE 29 -Access of Landlord Landlord and/or its designee(s) may enter the Demised Premises during reasonable times, from time to time, for the pur- pose of examining or exhibiting the same or to make necessary repairs or for the reasonable exercise of any rights granted or reserved to Landlord pursuant to the terms of this Lease, provided that, so long as Tenant is not in default hereunder, the making of repairs to the Demised Premises shall not unreasonably interfere with Tenant's use of the Demised Premises. Tenant will allow to have placed upon the Premises at any time "For Sale" signs and, - 17 - 10109192:10:42am:kac:9doc - during the last three (3) months of the term of this Lease, "To Rent" signs and will not interfere with the same. ARTICLE 30 - Default by Tenant (a) Events of Default. The following shall be con- sidered "Events of Default": (1) The failure of Tenant to pay, when due, any installment of rent or additional rent or any other sum payable by Tenant under this Lease, which failure shall continue unremedied by Tenant for a period of five (5) days after written notice thereof shall have been given to Tenant by Landlord; provided, however, that, if Tenant defaults in making its payments of rent or additional rent requiring Landlord's written notice on three (3) occasions within any twelve (12) month period, then, at Landlord's election, such third (or subsequent) default shall not be capable of cure by Tenant. (2) The failure to perform any terms, covenants or conditions of this Lease or the violation or breach thereof by Tenant, which failure, violation or breach shall continue unremedied by Tenant for a period of ten (10) days after written notice thereof shall have been given to Tenant by Landlord, or for such additional period as may be necessary to remedy such failure, violation or breach with due-diligence. (3) The closing by Tenant of the Demised Premises for a period in excess of five (5) consecutive business days, unless such closing shall be caused by labor dis- putes, fire, condemnation or other causes beyond the control of Tenant except for Tenant may close for 7 consecutive days once a year for vacation. (4) The abandonment.by Tenant of the Demised Pre- mises or the removal or attempted removal by Tenant, except in the ordinary course of business, of any goods or property from the Demised Premises without having paid and satisfied Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the term of this Lease. (5) The insolvency of Tenant or the making of an assignment for the benefit of creditors, or the filing by Tenant of a petition in bankruptcy or a bill in equity or other proceedings for the appointment of a receiver for Tenant, or the filing against Tenant of such petition or bill which is not dismissed, or the commencement of such proceedings which are not discharged within forty-five (45) days, or the institution by Tenant of proceedings for reorganization or for the composition or arrangement - 18 - 10/09/92:10:42am:kac:9F doc with creditors under any state or federal law, or an assignment of this Lease by operation of law, or the sale or levy upon the real or personal property of Tenant by any sheriff, marshal or constable or other authorized officer. (b) Landlord's Remedies. Upon the occurrence of an Event of Default by the Tenant, in addition to any other rights or remedies that Landlord may have under this Lease or at law or in equity, Tenant covenants and agrees that Landlord shall have the following rights: (1) To accelerate the whole or any part of the rent for the entire unexpired balance of the term of this Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Tenant, and any rent or other charges, payments, costs and expenses if so accelerated shall, in addition to any and all install- ments of rent already due and payable and in arrears and/ or any other charge or payment herein reserved, included or agreed to be treated or collected as rent and/or any other charge, expense or cost herein agreed to be paid by Tenant which may be due and payable and in arrears, be deemed due and payable as if, by the terms and provisions of this Lease, such accelerated rent and other charges, payments, costs and expenses were on that date payable in advance. (2) To enter the Demised Premises and without fur- ther demand or notice proceed to distress and sale of goods, chattels and personal property there found, to levy the rent and/or other charges herein payable as rent, and Tenant shall pay all costs and officers' com- missions, including watchmen's wages and sums chargeable to Landlord, and further including the five percent (5%) chargeable by the Act of Assembly as commissions to the constable or other person-making the levy, and, in such case, all costs, officers'. commissions and other charges shall immediately attach and become part of the claim of Landlord for rent, and any tender of rent without said costs, commissions and charges made, after the issuance of a warrant of distress, shall not be sufficient to satisfy the claim of Landlord. (3) To reenter the Demised Premises and remove all persons and all or any property therefrom, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution or damages there- fore, and repossess and enjoy the Demised Premises, to- gether with all additions, alterations and improvements. Upon recovering possession of the Demised Premises by reason of or based upon or arising out of a default on the part of Tenant, Landlord may, at Landlord's option, - 19 - 10/09/92:10:42am:kac-"I`O.doc - either terminate this Lease or make such alterations and repairs as may be necessary in order to relet and/or operate the premises or any part or parts thereof, either in Landlord's name or otherwise, for as term or terms which may at Landlord's option be les.s than or exceed the period which would otherwise have constituted the balance of the term of this.Lease to such person or persons as may in Landlord's discretion seem best; upon each such reletting, all rents received by Landlord from such reletting shall be applied: first, to the payment of any costs and expenses of such reletting, including brokerage fees and attorney's fees and all costs of such altera- tions and repairs; second, to the payment of rent due and unpaid hereunder; and third, to the payment of any in- debtedness other than then rent due hereunder from Tenant to Landlord; and the residue, if any, shall be held by Landlord. and applied in payment of future rent as it may become due and payable hereunder. If.such rentals re- ceived from such reletting during any month shall be less than that to be paid during that month by Tenant here- under, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such reentry or taking possession of the Demised Premises or the making of alterations and/or improvements thereto or the reletting thereof shall be construed as an elec- tion on the part of Landlord to terminate this Lease unless written notice of such intention be given to Ten- ant. Landlord shall in no event be liable in any way whatsoever for failure to relet the Demised Premises or, in the event that the Demised Premises or any part or parts thereof are relet, for failure to collect the rent thereof under such reletting. Tenant, for Tenant and Tenant's successors and assigns, hereby irrevocably con- stitutes and appoints Landlord as its agent to collect the rents due and to become due under all subleases of the Demised Premises or any parts thereof without in anyway, affecting Tenant's obligation to pay any unpaid balance of rent due or to become due hereunder. Notwith- standing any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. (4) To cure any default by Tenant at Tenant's cost. If Landlord at any time, by reason of-Tenant's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediate- ly from Tenant to Landlord at the time the sum is paid shall be additional rent. (5) To terminate this Lease and the term hereby created without any right on the part of Tenant to waive the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken, whereupon Landlord shall be entitled to recover, in - 20 - 10/09192:10:42am:kac:doc addition to any and all sums and damages for violation of Tenant's obligations hereunder in existence at the time of such termination, damages for Tenant's default in an amount equal to the amount of the rent reserved for the balance of the term of this Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Tenant, all and expenses herein agreed to be paid by Tenant, all discounted at the rate of nine percent (9%) per annum to their then present worth, less the fair rental value of the Demised Premises for the remainder of said term, also discounted at the rate of nine percent (9%) per annum to its then present worth, all of which amount shall be immediately due and payable from Tenant to Landlord. (6) If Tenant shall default in the payment of the rent herein reserved 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/or said other sums and/ or to sign for Tenant an agreement for entering in any competent court an amicable action or actions for the recovery of said rental and/or other sums; and, in said suits or in said amicable action or actions, to confess judgment against Tenant for all or any part of said rental and/or said rental and/or said other sums, in- cluding, but. not limited to the amounts due from Tenant to Landlord under Article 30(b)(1), (2), (3), (4) and/or (5), and for interest and costs, together with any at- torney's commission for collection of ten percent (10%). 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 rental and/or other sums shall fall due or be in arrears, and such powers may be exercised as well after the expiration of the initial term of this Lease and/or during any extended or renewal term of this Lease and/or after the expiration of any extended or renewal term of this Lease. (7) When this Lease and the term or any extension or renewal thereof shall have been terminated on account of any default by Tenant hereunder, and also when the term hereby created or any extension or renewal thereof shall have expired, it shall be lawful for any attorney of any court of record to appear as attorney for Tenant, as well as for all persons claiming by, through or under Tenant, and to sign an agreement for entering in any competent court an amicable action in ejectment against Tenant and all persons claiming by, through or under Ten- ant and therein confess judgment for recovery by Landlord of possession of the Demised Premises, for which this Lease shall be its sufficient warrant; thereupon, if Landlord so desires, an appropriate writ of possession - 21 - 10/09/92:10:42am:kac- O.doc may issue forthwith without any prior writ or proceeding whatsoever, and provided that, if for any reason after such action shall have been commenced, it shall be deter- mined that possession of the Demised Premises remain in or be restored to Tenant, Landlord shall have the right for the same default and upon any subsequent default or defaults, or upon the termination of this Lease or Ten- ant's right of possession as hereinbefore set forth, to bring one or more further amicable action or actions as hereinbefore set forth to recover possession of the Demised Premises as hereinbefore provided. (8) In any amicable action of ejectment and/or for rent and/or other sums brought hereon, Landlord shall first cause to be filed in such action an affidavit made by Landlord or someone acting for Landlord, setting forth the facts necessary to authorize the entry of judgment, of which facts such affidavit shall be prima facie evi- dence, and, if a true copy of this Lease (and of the truth of the copy such affidavit shall be sufficient evidence) shall be filed in such suit, action or actions, it shall not be necessary to file the original as a war- rant of attorney, any rule of court, custom or practice to the contrary notwithstanding. (9) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every other right or remedy given. herein or now or hereafter existing at law or in equity or by statute. (10) Tenant hereby waives and releases all errors and defects which may intervene in the Landlord's exer- cise of any of its remedies hereunder, including the sum- mary remedies. Tenant further waives the right of inqui- sition on any real estate levied on, and Tenant volun- tarily condemns the same.and consents to an immediate execution upon any judgment obtained by Landlord. Tenant also waives and releases all relief from any and all appraisement, stay or exemption law of any state now in force or hereafter enacted. Tenant waives any notice to quit required by any law now in force or hereafter enacted. (11) In case suit shall be brought for recovery of possession of the Demised Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant contained herein on the part of Tenant to be kept or per- formed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including reasonable attorney's fees. - 22 - 10/09/92:10:42am:kac1AO.doc ARTICLE 31 - Damage or Destruction (a) Notice of Damage. If an part of the Demised Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt notice thereof to Landlord. (b) Damage or Destruction to the Demised Premises. Subject to the requirements of Landlord's mortgagees: (1) If the Demised Premises or any portion thereof are damaged or destroyed by fire or other casualty but are not hereby rendered wholly untenantable, Landlord shall, at its own expense and to the extent of Landlord's work as set forth in this Lease, cause such damage to be repaired. (2) If the Demised Premises shall be rendered wholly untenantable:by reason of such occurrence, Land- lord shall promptly, at its own expense, cause such dam- age to be repaired to the extent of Landlord's work, as set forth in this Lease;. provided, however, Landlord shall have the right, to be exercised by notice in writ- ing to Tenant within sixty (60) days from and after such occurrence, to elect not to repair or reconstruct the Demised Premises, and, in such event, this Lease shall cease as of the date of such notice, and Landlord and Tenant shall each thereupon be released from any obliga- tion or liability thereafter accruing in respect of or arising out of this Lease. Except as herein provided, there shall be no obligation on Landlord to repair or rebuild in case of fire or other casualty. (3) Unless Landlord shall so terminate this Lease, Tenant shall promptly restore and replace all fixtures and improvements. on the. Demised Premises (except those included in Landlord's work), including, but not limited to those installed and made by Tenant, and shall apply the proceeds of all fire and extended coverage insurance maintained by Tenant as required_by this Lease to such restoration and replacement. (c) Damage or Destruction to the Shopping Center. (1) If, in the opinion of Landlord, the building of which the Demised Premises is a part, or if the Shopping Center is substantially damaged or destroyed by fire or other casualty (whether or not the Demised Premises are affected), Landlord may terminate this Lease by written notice delivered to Tenant within sixty (60) days after the dates of such occurrence. If Landlord does so ter- minate this Lease, Landlord shall be under no obligation to repair, restore or replace any part or all of the Shopping Center. - 23 - 10/09/92:10:42am:kar J'O.doc (2) If this Lease shall be terminated as provided in this Article, Tenant shall surrender the Demised Pre- mises within thirty (30) days after delivery of any notices of termination, whereupon this Lease shall expire as though the date of such surrender were the date herein set forth for the expiration of the term hereof. (d) Rent Abatement. In the case of fire or damage, the rent shall be abated proportionately with the degree in which the Tenant's use of the Demised Premises is impaired during the period of damage. If the Landlord repairs the damage, the abatement shall end five (5) days after notice that the Demised Premises have been repaired. ARTICLE 32 - Hazardous Substances (a) Tenant shall not use the Demised Premises to treat, produce, store, handle, transfer, process, transport, dispose or otherwise release any Hazardous Substances .(hereinafter defined) on, from, or affecting the Demised Premises which has caused, is causing or could cause contamination (hereinafter defined). Tenant has not received any summon, citation, notice of violation, admin- istrative order, directive, letter or other communication, written or oral, from any governmental or quasi-governmental authority concerning any intentional or unintentional action or omission on the part of Tenant with regard to Hazardous Substances on, from or affecting the Demised Premises. (b) Tenant covenants that the Premises shall be kept free of any Hazardous Substance which is causing or could cause Contamination, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose, or cause Con- tamination. Tenant shall not cause or permit as a result of intentional or unintentional act or omission on the part of Tenant or any subtenant the installation of any Hazardous- Substance in or on the Premises or a release of any Hazardous Substance onto or from the Demised Premises or suffer the presence of any Hazardous Substance on the Premises which in any such case is causing or could cause Contamination. (c) Tenant shall comply with and ensure compliance with all applicable federal, state and local laws, ordinances, rules and regulations, with respect to Hazardous Substances, and shall keep the Demised Premises free and clear of any liens imposed pursuant to such laws, ordinances, rules and regulations. If Tenant re- ceives any notice from any governmental authority with regard to Hazardous Substances on, from or affecting the Demised Premises, Tenant shall (i) immediately notify Landlord and any other person, governmental or quasi-governmental authority that it is required to notify pursuant to any applicable law at such time as it is aware of a release or a threatened release of a Hazardous Substance on, from or affecting the Demised Premises,. (ii) immediately notify the Landlord at such time as an environmental investigation or clean-up - 24 - 10/09/92:10:42am:kac• I doc proceeding is instituted by any person in connection with the De- mised Premises, (iii) fully comply with and assist such environ- mental investigation and clean-up proceeding, (iv) promptly execute and complete any remedial actions necessary to ensure that no en- vironmental liens or encumbrances are levied against or exist with respect to the Demised Premises, and (v) promptly, upon written request of Landlord, provide Landlord from time to time with an environmental site assessment or report, in form and substance satisfactory to Landlord. Tenant shall conduct removal and other actions necessary to clean-up and remove all Hazardous Substances on, from or affecting the Demised Premises in accordance with all applicable, federal state and local laws, ordinances, rules, regu- lations and policies and to the satisfaction of Landlord. If Ten- ant shall fail to take such action, Landlord may make advances or payments towards performance or satisfaction of the same but shall be under no obligation to do so; and all sums so advanced or paid, including all sums advanced or paid in connection with any judicial or administrative investigation or proceeding relating thereto including without limitation reasonable attorneys' fees, fines or penalty payments shall be immediately repayable by Tenant to Land- lord and shall bear interest at the rate of the prime interest rate as established from time to time by Meridian Bank, Reading, Penn- sylvania, plus one and one-half percent (1 Z%) per annum from the date advanced or paid by Landlord until the date paid by Tenant to Landlord, and all sums so advanced shall be considered Rent. (d) For the purposes of this paragraph "Hazardous Sub- stances" shall include without limitation any flammable explosives, radio-active materials, hazardous materials; hazardous wastes, hazardous or toxic substances, hazardous or toxic pollutant or re- lated materials, asbestos or any material containing asbestos, or any other substance, mixture, waste, compound, material, element, product or matter as defined by any Federal, state or local en- vironmental law, ordinance, rule or regulation including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 9601 et sea.), the Clean Water Act, as amended (33 U.S.C. Sections 1251 et sea.), the Clean Air Act, as amended (42 U.S.C. Sections 7401 et se .), the Clean Streams Law, as. amended (35 P. S. Section 691.101 et sea.), the Solid Waste Management Act, as amended (35 P.S. Section 6801.101 et seg.), and in the regula- tions adopted and publications promulgated pursuant thereto any time. (e) Tenant agrees to defend, indemnify and hold Landlord harmless from and against any losses, expenses, liabilities and claims arising from any breach or default by Tenant of its repre- sentations or obligations under this Article, including without limitation enforcing the obligations of Tenant under this Article and including without limitation reasonably attorney's fees. (f) The obligations and liabilities of Tenant under this Article shall survive the termination of this Lease. - 25 - 10/09/92:10:42am:kac:`-('.doc (g) For the purposes of this Article, the term "Contami- riacion" shall mean the uncontained presence of hazardous substances on the Demised Premises or the Shopping center or arising from the Demised Premises which may require Remedial Action (hereinafter defined) under applicable law. (h) The term "Remedial" shall mean without limitation (i) the clean-up or removal of hazardous substance, (ii) such ac- tions as may be necessary to monitor, assess or evaluate the re- lease or threatened release of hazardous substance, (iii) the prop- er disposal or release of hazardous substances, (iv) the taking of such other actions as may be necessary to prevent, minimize or mitigate the damages caused by a release or threatened release of hazardous substances to the public health or welfare or to the environment. ARTICLE 33 - Eminent Domain Subject to the requirements of Landlord's mortgagees: (a) Total Condemnation of the Demised Premises. If all or a substantial portion of the Demised Premises is taken by or pursuant to governmental authority or by the exercise of right of eminent domain or by agreement between the Landlord and those authorized to exercise such right (all such procedures being collectively referred to herein as "a taking in condemnation") , the obligations of the Tenant accruing subsequent to such taking in condemnation shall cease and determine absolutely, and the Tenant shall surrender possession of the Demised Premises to Landlord as of the date title vests in the condemnor or, at Landlord's option, if permitted by applicable law, the obligation of the parties hereto shall continue in full force and effect as to all of the terms and conditions of this Lease until Tenant, by reason of an official order or direction of the condemning authority, vacates the Demised Premises. (b) Condemnation of the Shopping Center. If any mate- rial part of either the building of which the Demised Premises are a part of or the Shopping Center shall be taken in condemnation (whether or not the Demised Premises shall be affected), Landlord, at Landlord's option, made by written notice given to Tenant within sixty (60) days after the date of such taking in condemnation, elect to treat such taking in condemnation as a taking in condemna- tion of the entire Demised Premises with the same effect as if the entire Demised Premises had in fact been taken. (c) Condemnation Awards. In the event of a taking in condemnation of the Demised Premises, whether partial or total, or in the event that Landlord elects as above provided to treat a taking in condemnation as a taking of the entire Demised Premises: (1) Tenant hereby waives all claims against Land- lord in connection with such taking, except as specifi- - 26 - 10109/92:10:42am:kac- I.doc - cally provided in Article 33(d) entitled "Partial Con- demnation," and hereby assigns to Landlord all claims of any nature against the condemnor arising out of such taking, including, but not limited to all claims for loss of Tenant's leasehold estate. (2) Tenant shall make no claim against the con- demnor for the value of Tenant's leasehold estate. (3) Notwithstanding the foregoing, Tenant shall be entitled to the extent applicable law permits to claim against the condemnor for removal expense, business dislocation damage, moving expenses and delay compensa- tion, if any, provided that such claim shall not reduce any award to Landlord. (d) Partial Condemnation. In the event of a condemna- tion of any portion of the Demised Premises, Tenant may elect to terminate this Lease by the effective date of the taking in condemnation. If this Lease continues after a partial taking in condemnation, the minimum rent payable hereunder shall be reduced from and after the taking of possession by the condemnor in the same proportion as the area, if any, of the Demised Premises taken bears to the area of the entire Demised Premises. ARTICLE 34 - Subordination (a) Subject to the terms hereinafter set forth, this Lease and the estate hereby demised shall be and remain junior to any and all mortgages on the Demised Premises or the Shopping Center or any part thereof of which the Demised Premises constitute as part; provided, however, that: (1) So long as Tenant continues to pay the rent as in this Lease reserved and otherwise complies with the terms and provisions hereof: (i) The right of possession of the Tenant to the Demised Premises and the provisions and terms of this Lease otherwise shall not be affected or disturbed by mortgagee in the exercise of any of its rights under the said mortgage, or the bond or debt secured thereby or otherwise by law provided. (ii) In the event that the mortgagee comes into possession of or ownership of the title to the Shopping Center or Demised Premises by foreclosure of said mortgage, or by proceedings on the said bond, or otherwise, this Lease shall continue in effect and shall not be terminated by any of said proceedings. - 27 - 10/09/92:10:42am:kac O.doc (2) In the event that the Demised Premises are sold or otherwise disposed of pursuant to any right or any power contained in the said mortgage or the said bond, or as a result of proceedings thereon, the purchaser of said Demised Premises at such sale, or pay person acquiring title through or by virtue of said sale, shall become liable to perform all of the obligations of Landlord under this Lease. (3) This Lease shall be binding upon and inure to the benefit of mortgagee, owner and Tenant, and their respective heirs, executors, administrators, successors and assigns, except as otherwise expressly provided herein. (4) The foregoing provisions shall be self-opera- tive, but Landlord agrees to attempt to secure the mortgagee's written confirmation thereof, as reasonably requested by Tenant. (b) Offset Statement. Within ten (10) days after request therefor by Landlord or any mortgagee, a statement shall be required from Tenant, and Tenant agrees to deliver in recordable form a statement in writing to any proposed mortgagee or purchaser or lender or to Landlord, certifying (if or to the extent that such be the case) that this Lease is unmodified and in full force and effect, that Tenant has accepted the Demised Premises and is in possession thereof, that Tenant has commenced the payment of rent, that Landlord is not in default under this Lease and that there are no deficiencies or offsets to the Lease claimed by Tenant. (c) Failure of Compliance. If Tenant shall fail to com- ply with any of the terms of this Article or to execute any state- ment or agreement herein required within fifteen (15) days after written request from Landlord, Landlord may terminate this Lease by written notice to Tenant, whereupon the term shall expire as though the date of such notice were the date herein set forth for the expiration of the term hereof. ARTICLE 35 - Relationship of Parties The relationship of the parties under this Lease is sole- ly that of Landlord and Tenant and shall in no way be construed as a partnership, joint venture or other joint enterprise. ARTICLE 36 - Definitions (a) The word "Tenant" used in this Lease shall mean every person or party named as Tenant in this Lease. Any notice given as provided in this Lease shall bind all such parties, and it shall have the same force as if given to all of them. - 28 - 10/09/92:10:42am:kar O.doc (b) The use of the neuter singular pronoun to refer to Landlord and Tenant shall be deemed a proper reference to either of them whether they be an individual, a corporation, a partnership or any form of joint venture. ARTICLE 37 - Accord and Satisfaction No acceptance by Landlord of an amount less than the monthly rent and other payments stipulated to be due under this Lease shall be deemed to be other than a payment on account; of the earliest such rent or other payments then due or in arrears nor shall any endorsement or statement on any check or letter accom- panying any such payment be affective to constitute an accord and satisfaction. Landlord may accept any check for payment by Tenant without prejudice to Landlord's right to recover the remainder of any rent or other payment then in arrears, and Landlord may pursue any other right or remedy provided in this Lease. No acceptance by Landlord of any payment of rent or other sum by Tenant shall be deemed a waiver of any of the obligations of Tenant under this Lease. ARTICLE 38 - Quiet Enjoyment Upon payment of the rent and performance of all the other covenants, terms, conditions and provisions of this Lease on the part of the Tenant to be performed, Tenant shall peaceably and quietly hold and enjoy the Demised Premises for the term herein specified, subject nevertheless to all the covenants, terms, conditions and provisions of this Lease. Landlord represents that it is well seized of the land as outlined on Exhibit A and may legally enter into this Lease with Tenant. ARTICLE 39 - Holding over Any holding over after the expiration of the term of this Lease shall, at Landlord's option upon notice to Tenant, be con- strued to be a tenancy either from month-to-month or from year-to- year at the rent and other payments herein specified and shall otherwise be subject to the conditions, covenants and agreements of this Lease. If Tenant shall hold over after the termination of this Lease for any reason whatsoever, and Landlord has notified Tenant in writing that such holding over shall not be permitted, Tenant shall pay as liquidated damages and not as a penalty an amount equal to twice the monthly rent in effect for the last month of Tenant's lawful occupancy prorated for the period during which such holding over continues. Nevertheless, the acceptance of such amount by Landlord shall be without prejudice to any other rights or remedies of Landlord at law or in equity or under this Lease. - 29 - 10/09/92:10:42am:kal ?iO.doc - ARTICLE 40 - Recording If requested by Tenant, Landlord, at Tenant's expense, shall prepare, have executed and promptly files a Memorandum of this Lease in the Recorder of Deeds Office of Hampden Township, New Cumberland, Pennsylvania, and provide proof of such recording to the Tenant. Landlord's obligation is expressly conditioned on Tenant delivering to Landlord's attorney, to be held in escrow, a Memorandum of Termination of this Lease, executed and in recordable form. ARTICLE 41 - Delays If either party to this Lease shall be delayed or pre- vented from the performance of any obligation hereunder (other than the obligation of Tenant to pay rent or additional rent or other charges when due) by reason of labor disputes, inability to procure materials, failure of utility service, restrictive governmental laws or regulations, riots, 'insurrection, war, adverse weather, Acts of God, or other similar cause beyond the control of such party, the performance of such obligation shall be excused for the period of delay. The provisions of this Article shall not excuse Tenant from the prompt payment of any sums payable under any of the provisions of this Lease. ARTICLE 42 - Captions The captions, section numbers, paragraph numbers and index appearing in this Lease are inserted only for convenience and shall not in any way affect the meaning or intent of any portion of this Lease. ARTICLE 43 - Partial Invalidity and Construction The sections of this Lease are intended to be severable. If any section or provision--of this Lease shall be held to be unenforceable by any court of competent jurisdiction, this Lease shall be construed as though such section had not been included in it. If any section or provision of this Lease shall be subject to two constructions, one of which would render such section or provision invalid, then such section shall be given the construc- tion which would render it invalid. ARTICLE 44 - Binding Effect (a) The provisions of this Lease shall extend to and be binding upon the parties hereto and their respective personal representatives, successors and assigns except that this provision shall not be construed as a consent by Landlord to any subletting or assigning by Tenant. - 30 - 10/09/92:10:42am:kar 1+0.doc • (b) All liability of Tenant for the payment of rents or a:.y other obligation shall survive the expiration or sooner termination of this Lease. ARTICLE 45 - Arbitration Any disagreement between the parties hereto, including any interpretation of the provisions of this Lease, shall be decided according to the rules set forth by the American Arbitra- tion Association, and any decision handed down by said Association shall be final and binding and not subject to appeal. ARTICLE 46 - Notices (a) All notices or demands required or permitted to be given or served under this Lease.shall be deemed to have been given or served only if in writing forwarded by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Landlord at: WESLEY ASSOCIATES C/O Bennett Williams, Inc. 135 North George Street York, Pennsylvania 17401 To Tenant at: Say Quan Ly CHINA WOK Eastgate Plaza 5205 Simpson Ferry Road Mechanicsburg, PA 17055 (b) Such address may be. changed by either party by notice delivered as above provided to the other party. If Landlord or any mortgage shall so request of Tenant, Tenant shall sends such mortgagee a copy of any notice thereafter sent to Landlord. ARTICLE 47 - Commissions Due Real Estate Broker The parties acknowledge that Bennett Williams, Inc. is the sole broker involved in this Lease Agreement. Landlord and Tenant acknowledge that all commissions due Bennett Williams, Inc. and/or its agents are to be paid by Landlord, its heirs, executors, administrators, successors and assigns. The total commission due is five (5%) of all gross rents for the primary term to be paid as collected by Landlord. - 31 - IU/VY/Y4:IU:4Lam:Kac-"I70. doc ARTICLE 48 - Exhibits The following attached Exhibits, initialed by the parties hereto, are deemed part of this Lease. A Site Plan B Sign criteria ARTICLE 49 - Entire Agreement This Lease and the Exhibits attached hereto set forth the entire agreement between the parties, and there are no other agree- ments, expressed or implied, oral or written, except as herein set forth. This Lease may not be amended altered or changed except in writing by both of the parties hereto. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania. ARTICLE 50 - Security Deposit Landlord hereby acknowledges receipt from Tenant of the sum equal to one (1) month's rental to be held by Landlord as security for the payment of rent and the performance of Tenant's other obligations under this Lease. Said deposit shall be returned to Tenant at the termination of this Lease if all Tenant's obliga- tions hereunder are performed to the date of termination. If Tenant defaults in the payment of rent or in the performance or observance of any obligation on its part under this Lease, Landlord may apply the deposit to payment of rent in default or other money arrearage and/or to the damages and costs incurred by Landlord as a result of any default and/or to costs incurred by Landlord in rectifying and default and/or to the prepayment of minimum rent for any subsequent period of the term; and Tenant shall promptly there- after restore the security deposit to the original amount above specified (except the extent the said sum is applied by Landlord to prepayment of minimum rent). The right of Landlord to apply the security deposit as above specified_ shall not be construed as a limitation upon Landlord's right to invoke any other remedy avail- able under this Lease or at law or in equity for breach of this Lease, or to collect the full amount of damages owing by Tenant on account of such breach. ARTICLE 51 - Limitation Upon Landlord's Liability Neither Landlord nor any principal of Landlord, whether disclosed or undisclosed, shall have any personal liability with respect to any of the provisions of this Lease or the Demised Premises, and, if Landlord is in breach or default with respect to Landlord's obligations under this Lease or otherwise, Tenant shall look solely to the equity of Landlord in the Demised Premises for the satisfaction of Tenant's remedies. - 32 - V. 60C 1 ARTICLE 52 - Time of the Essence Time is of the essence to each provision of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written. WITNESS: LANDLORD: WESLEY ASSOCIATES r?j xj??L ?-i.. By: c rtf David Schad Title: General Partner ATTEST (OR WITNESS): TENANT: CHINA WOK --TL ' By : ?--? Say Quan Ly Title: Owner - 33 - EXHIBIT B - SIGNAGE EAST WING Following letter shall all be non-illuminated and will be manufac- tured from #2418 Rohm & Haas plexiglas complete with '," wide brown jewelite. All letters shall begin 2" up from bottom of sign fascia, no letter to exceed 16" in height, 2 lines of copy are permissible but both lines shall not exceed the 16" height combined. When applying the letters on the sign panel there must be a margin of 10" left and right. Landlord provides recessed lighting above letters for night time effect. Styles of letters may vary so long as they do not go beyond the specifications above. No logo boxes or outlines of images. SOUTH WING Whatever remaining space exists between the top of the awning and the top of the parapet wall shall be used for the signage. This measurement has not been determined at this point but is approxi- mately 3'x6", all signage will be centered vertically between these points. No letters shall. exceed 18" in height, if necessary to install two lines of copy the two lines combined shall not exceed 30" in height. The lettering must be 24" from adjoining tenants left and right. All lettering in this area shall be non-illumi- nated letters fabricated from Rohm & Haas dark brown plexiglas with '," wide jewelite brown. No box type signs permitted. Landlord provides recessed lighting above letters for night time effect. Before proceeding with any signs tenant must submit drawings to the Landlord for approval. It is the tenant's responsibility to secure proper sign permits from the Township. It will be the Landlord's responsibility to furnish directional signs for traffic as well as identification for the Shopping Center in general. Window signs are permissible providing they are vinyl and applied to window surface in good taste. Entrance door will be lettered, indicating store name and store hours. Letter style will be Helvetica, material will be white vinyl. Under Canopy Signs: 11x5' double face sign case and faces to be baked enamel aluminum, color bronze. Letter style will be Helvetica, material will be white vinyl. Lettering will be limited to store name. Sign frame and sign faces to be supplied by Landlord. Any. changes in the above specifications without written approval will be considered a violation of the lease and dealt with accordingly. - 35 - ?Xti?d;tC. ASSIGNMENT OF LEASE This Agreement, made this day of November, 1993, by and among SAN QUAN LY (hereinafter referred to as Assignor), HOM HUNG LAI, HONG YAU TSANG, and HOM CHUNG LAI (hereinafter referred to as Assignees), and WESLEY ASSOCIATES/BENNETT WILLIAMS., INC., of 135 North George Street, York, Pennsylvania 17401 (hereinafter referred to as Lessor); WHEREAS, Lessor and Assignor entered into Lease Agreement dated October 9k 1 1992, for the premises located at 5205 Simpson Ferry Road, Mechanicsburg, Pennsylvania; and WHEREAS, Assignor desires to assign said Lease to Assignee and Lessor's consent to said assignment is required. NOW THEREFORE, in consideration of the mutual promises expressed herein, the parties agree as follows: 1. Effective as of November , 1993, Assignor assigns, transfers and sets over to Assignee all his rights, title and interest in and to said Lease Agreement, including security deposit of $ now held by Lessor. Assignee accepts said assignment and agrees to perform all the terms, covenants and conditions on the part of the Lessee to be performed under said Lease Agreement. 2. Lessor hereby consents to the assignment provided Assignors pay all rent and other charges to the effective date of this Assignment. 3. All other terms and conditions of said lease shall remain and continue in full force and effect and shall be deemed unchanged to the extent provided herein, with the following Amendment to Article 15(a): Tenant shall not, during the term of this Lease or extension thereof, assign, transfer, mortgage, pledge or otherwise encumber this Lease or the leasehold estate created hereby or any part, nor shall Tenant sublease the Demised Premises, in whole or in part, without the prior written consent of Landlord, whose consent shall not be withheld unreasonably. Assignment of Lease page 2 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Assignor: SAY QUAN LY Assignees: .,v HOM HUNG I HONG YAU TANG d"W J""' L HOM CHUNG LA ?iw? PfdadeOi I+Ay Canmis n E M ?c Plomn8S ?`'?"? ' LL. Lessor: WESLEY ASSOCIATES/ ?nL„i, •r. mm r.TT ?_?E 9 ADDENDUM This document amends the lease dated 9-October-1992, between Wesley Associates (landlord) and Hong Tsang, TDBA China Garden. The revised lease terms are (5 years) beginning 1-September-2004 and ending 31-August-2009, at a monthly rent of $1,472.00 and an annual rent of $17,644.00. All pro rata share of taxes, insurance, and other CAM charges will be billed monthly, and will be based on 1600 sq. ft. of leased space. Estimated expenses at present are as follows. CAM $ 437.97 Ins. $ 48.15 Taxes $ 130.00 Landlord to extend separating wall at its cost tenant to separate electric at its expense. Wesley Associates Witness ; David Schad, General Partner G Date Date China Garden ess ong Tsa g Date ate ?xh,b",t ? ESTOPPEL LETTER August 31, 2004 RE: Confirmation of Lease Agreement for Eastgate Shopping Center, Hampden Township, Cumberland County, Pennsylvania Ladies and Gentlemen: At the request of Wesley Associates (`Landlord") the undersigned hereby certifies to you and agrees as follows recognizing that you will rely on the information contained herein: 1. The undersigned is the tenant under a lease with Landlord, as follows: Lease dated October 9, 1992 (the "Lease"), as amended by an Addendum dated August 25, 2004, which Addendum, among other things,r educed the Demised Premises from 3,200 square feet to -1,600 square` feet; changed the trade- name from China Wok to- D -4-7a - Garden, and changed the Tenant from Say Quan Ly to Hong Tsang (the "'Addendum,l)_ The Lease and the Addendum are incorporated herein by reference. The undersigned Tenant occupies the premises demised thereunder. 2. The above lease as amended and/or assigned is in full force and effect and has not otherwise been amended, modified, supplemented or superseded, and together herewith constitutes the entire agreement between the undersigned and Landlord with respect to said premises. There is no other agreement (except for the agreements contained herein) between the undersigned and the Landlord with respects to said premises or any other space at the above referenced property. 3. Neither the undersigned nor the Landlord is in default under the Lease. There is no defense, offset, claim or counterclaim by or in favor of the undersigned against Landlord under the Lease or against the obligation of the undersigned under the Lease. 4. The undersigned has not received notice and is not aware of any prior transfer, assignment, hypothecation or pledge by Landlord or any of the Landlord's interest in the Lease, except to you. 5. The monthly base rent of $1,472.00 due under the lease has been paid through August 31, 2004, and all additional rent due under the Lease has been paid through August 31, 2004. 6. The tenant has a security deposit of $2,200.00 deposited with the Landlord- 7. There are no actions, voluntary or otherwise, pending or, to the best knowledge of the undersigned, threatened against the undersigned under the bankruptcy, reorganization, moratorium or similar laws of the United States, any state thereof or any other jurisdicti on. 8. The undersigned has accepted possession, taken occupancy of, and is conducting operations at the premises; the term of the Lease has commenced; the undersigned has commenced the payment of rents for all space subject to the Lease; and the expiration of the lease is August 31, 2009. 9. All work to be performed by Landlord under the Lease has been completed in accordance with the Lease and has been accepted by the undersigned and all reimbursements and allowance due to the undersigned under the Lease in connection with any work has been paid in full. 10. The Lease contains no first right of refusal, option to expand, option to terminate, or exclusive business rights, except as follows: None. 11. Tenant has not entered into any sublease, assignment or any other agreement transferring any of its interest in the Lease or the Premises except as follows- -- 12:- Tenant has nat generated, used, stored, spilled, disposed of, or released any - hazardous substances at or in the Premises- "Hazardous Substances" means any flanunable, explosive, toxic, carcinogenic, mutagenic, or corrosive substance or any flammable, explosive, toxic, carcinogenic, mutagenie, or corrosive substance or waste, including volatile petroleum products and derivatives and drycleaning solvents. To the best of Tenant's knowledge, no asbestos or polychlorinated biphenyl ("PCB") is located at, or in the Premises. The term "Hazardous Substances" does not include those materials which are technically within the definition set forth above but which are contained in pre- packaged office supplies, cleaning materials or personal grooming items which are sold for consumer or commercial use and typically used in other similar buildings or space. Very truly yours, B ? a :Hog sang, T BA C tna Garden F:1daM9313 • WESLEY ASSOCIATES\5766 •Ganaral\Doaments\Chine Garden Estoppel.doc 912/04 3:40 PM Ex?,?e,t ? -_- coov ec irni NO 9440 -Y• L THE Abstract Company a Settlement Statement FINAL U.S. Dep 4rw,.d of Noueap W Ufb- Oaveloprrient 1723 Pine Street. ,T,st Floar Philadelphia, PA 19.103 B.TY Or LOAN Phone: (Z15)545-11130 4. YA s. Coov. km 6. FRE NUMBER ' 7. LOAN NUMBER Fax: (215)545-1143 oa111w & MORTGAGE O4SURWZ CASE NUMBER tw. aww r w.a.w r y.. ya• •.w...w.ea.?-+•aunn.•.w.r. r•..•nr as n C. Nolen m„warra'Y?--T wnr.r.uwsa.ao,ra:s•rwsU.wfrnrrara..rwn?o..s.r.. .ta.•rwa.n.ww. TMeExpma SeltlanefY SY51e areaewr .;fret;. aYGuwir r?rlMirdaro Bier aM.Mrtana MnWw b.. ?.ra.rr PR e, rWSaee•nfwa Printed 09N7710W;111:49£ 0. NAME OF FlarrlE Elite Ltd. and P PR Real Eshh, LLC ADDRESS: 45 Eest CKV Line Avefnw. SuiU 371 Bala Cvnwvd. PA 19004 E NAME OF SEII.ER We" Assodates ADDRESS: do SMAR WM*ms ReWtv. 110 N. Geo. WOOL York PA 19401 - F. NAME OF IENDER Wadmia Bapk ADDRESS: 2240 Mer PWk M049h VedkM PA 19461 G. PROPERTY ADDRESS: 520511 Smpson Ferry Road, YedwksWr% PA 17055 liwagden Twan" N. SEITIEMENT AGENT: The Ab*ad COlnaanv. Tdleohone: 215.615.1180 Fa= 21540.1193' ?w asf•wacaMNrrpavi0e erx?a.rst.yrmtF d.Tamnx?l.Mrwc+n.a lwwr.r?a..?er.os?an.lrcaro•a•?n•?a v«rmurarapw••u ?wbe,yoa w4 a mq.dr cFN w ?sMf4W pN?aw?edN 4+-+?'Vee?e?^?PM•I.1 Mhad er mnMvsnw.nea tlYc ra?enf Nwf caned lawY?+?+?d11vi r +uc ? f ffEU.rgq awaanfne+sl' ' __ seuEryslfmafwf.no nooae;s. - - -- - aEUrnlsl rfforre a4rofetwA MI IWl hti???? PINTZUK BROWN REALTY GROUP September 28, 2005 China Garden 5205 Simpson Ferry Road Suite #11 Mechanicsburg, PA 17055 RE: Outstanding Balance Dear Tenant: Enclosed is a copy of your ledger. Currently you have an outstanding balance of $1477.51, which includes the Reconciliation charges for the 2004 Year. Also enclosed is a copy of the detailed correspondence you have already received regarding these 2004 Reconciliation charges. Please forward payment immediately to clear your account of these delinquent charges and avoid further action. If you have any questions contact me at the numbers found below. Thank you for your immediate attention to this matter. Sincerely, A4Q, 4 Mary Duffy Accounting Manager 491 Old York Road, Suite 200 • Jenkintown, PA 19046 Office: 215-881-8980 • Fax: 215-881-8983 • Web: www.pbrginc.com PINTZUK BROWN REALTY GROUP October 26, 2005 China Garden 5205 Simpson Ferry Road Suite 11 Mechanicsburg, PA 17055 Via Certified Mail 7 #?- q ooh 1160 boo3 q ? 4?%q ? RE: Outstanding Balance Dear Tenant - This letter should serve as a follow up to our conversation last week regarding the outstanding 2004 Operating Expense Reconciliation charges still owed. Pursuant to your Lease Agreement you are required to pay these charges. Within the Lease Agreement, please refer to Article S - Contributions Sections (a) through (d) which clearly outline Tenant's obligations regarding Common Area Maintenance contributions. Also make specific note within Article S - Contributions Section (b), "Tenant's share of the Cost of the maintenance and operating shall be determined by the following formula: "The number of square feet of floor area in the Demised Premises (3200 sq. ft.) shall be multiplied by the fraction, the numerator of which shall be the total cost of the maintenance and operation of the Common Area, and the denominator of which shall be the sum of the total leasable building area in the Shopping Center (36,000 sq. ft)." Enclosed is a copy of your ledger to date. Please forward payment IN FULL immediately to avoid further action. If you have any questions regarding this issue, contact me at the numbers found below. Thank you for your immediate attention to this matter. Si cerely, / 6 Mary I ffy Accounting Manager mpd@tbrg.net 491 Old York Road, Suite 200 • Jenkintown, PA 19046 Office: 215-881-8980 • Fax: 215-881-8983 • Web: www.pbrginc.com Fxl? l?ii I PINTZUK BROWN REALTY GROUP April 24, 2006 China Garden 5205 Simpson Ferry Road Smite 11 Mechanicsburg, PA 17055 RE: Outstanding Balance Enclosed is a copy of your ledger to date. Note that there is currently a delinquent balance of $7,044.20. Please send payment in full to resolve this issue. If you have any questions regarding this matter, please contact me at the number or email address found below. Thank you for your immediate attention to this matter. Sincerely, Tara Malone Property Accountant 215-881-8980 x206 tem@tbrg.net 491 Old York Road, Suite 200 • Jenkintown, PA 19046 Office: 215-881-8980 • Fax: 215-881-8983 • Web: www.pbrginc.com ?nkb'I + T PINTZUK BROWN REALTY GROUP May 19, 2006 Via Certified Mail China Garden 5205 Simpson Ferry Road Suite 11 Mechanicsburg, PA 17055 RE: Outstanding Balance Pursuant to your Lease Agreement you are required to pay Operating Expense Reconciliation charges. Within the Lease Agreement, please refer to Article S - Contributions Sections (a) through (d) which clearly outline Tenant's obligations regarding Common Area Maintenance contributions. Also make specific note within Article 5 - Contributions Section (b), "Tenant's share of the Cost of the maintenance and operating shall be determined by the following formula: "The number of square feet of floor area in the Demised Premises (3200 sq. ft.) shall be multiplied by the fraction, the numerator of which shall be the total cost of the maintenance and operation of the Common Area, and the denominator of which shall be the sum of the total leasable building area in the Shopping Center (36,000 sq. ft)." Enclosed is a copy of your ledger to date. Please forward payment IN FULL immediately to avoid further action. Your account is accumulating late fees each month for your ongoing balance. If you have any questions regarding this issue, please contact me. Thank you for your immediate attention to this matter. Sincerely, Tara Malone Property Accountant 215-881-8980 x206 491 Old York Road, Suite 200 • Jenkintown, PA 19046 Office: 215-881-8980 - Fax: 215-881-8983 - Web: www.pbrginc.com ?xl?;b;t K SPp.21. 2006 12:14PM No8140 P. 4 PINTZUK BROWN REALTY GROUP VIA CERTIFIED & REGULAR US MAIL July 14, 2006 China Garden 5205 Simpson Ferry Road Mechanicsburg, PA 17055 Attention: Tin RE: NOTICE OF DEFAULT Dear Tin: This letter shall serve as formal notice of Monetary Default of the Lease agreement for the Leased Premises known as East Gate Plaza. The current balance on your account as of the date of this letter is $10,027.44. You must immediately make payment on this account or the Landlord will be forced to proceed with its remedies under Article 30 (b) of the Lease Agreement. Please note that Article 30 (b) of the Lease Agreement includes acceleration of Rent, dispossession and eviction, termination and legal proceeding for judgments of possession and money damages. If payment in full is not received by this office on or before July 24, 2006 we will turn this matter to our attorneys and proceed with the Landlord's full rights in law and equity at your expense. Thank You, Mary Duffy, Asset Manager 491 Old York Road. Suite 2W • Jenkintown, PA 19046 Office: 215-881-8980 • Fax: 215-881-8983 • Web: www.pbrginc.coni eG.ZI. 11:14PM Ledger IPM143aveffjentl Date: 7/11/2006 Code chinagar Name CHINA GARDEN Address 5205 SIMPSON FERRY RD SUITE # 11 City St. Zip MECHANICSBURG, PA 17055 Tenant Ledger Property ceast Unit 11 Status Current Rent 1472 Phone(O)- (717) 766-1536 P10.814C F. F Page 1 of 2 Lease From 9/1/2004 Lease To 8/31/2009 Move In 9/1/2004 Move Out Phone(H)- Date Description Charge Payment Balance Chg/Rec 2/28/2006 Outstanding Late Fees as of 2/28/06 1,117.23 1,117.23 58382 2/28/2006 Outstanding Rent as of 2/28/06 2,944.00 4,061.23 58383 2/28/2006 Returned Check Charge 12/i/o5 30.00 4,091.23 58384 2/28/2006 Outstanding CAM as of 2/28/06 875.94 4,967.17 5838S 2/28/2006 Outstanding RE TAX as of 2/28/06 260.00 5,227.17 58386 2/28/2006 Outstanding INSR as of 2/28/06 96.30 5,323.47 58387 2/28/2006 Outstanding YE 2004 CAM REC 691.34 6,014.81 58388 2/28/2006 Outstanding 2004 YE INSR Reconciliation 20926 6,224.07 58389 2/28/2006 Outstanding 2004 YE RETAX Reconciliation 506.91 6,730.98 58390 3/1/2006 RENT (03/2006) 1,472.00 8,202.98 58663 3/1/2006 CAM (03/2006) 437.97 8,640.95 58664 3/1/2006 Property Tax Pass Thru (03/2006) 130.00 8,770.95 58665 3/1/2006 Insurance Pass Thru (03/2006) 48.15 8,819.10 58666 3/6/2006 March Late Fees, 5% of $2088.12 104.41 8,923.51 58904 3/20/2006 chk# 0615 2,088.12 6,835.39 41878 4/1/2006 RENT (04/2006) 1,472.00 8,307.39 59109 4/1/2006 CAM (04/2006) 437.97 8,745.36 591.10 4/1/2006 Property Tax Pass Thru (04/2006) 130.00 8,875.36 59111 4/1/2006 Insurance Pass Thru (04/2006) 48.15 8,923.51 59112 4/6/2006 April Late Fees, 5% of $4176.24 208.81 9,132.32 59351 4/18/2006 chk# 0617 2,088.12 7,044.20 42054 5/1/2006 RENT (05/2006) 1,472.00 8,516.20 5.988.3 5/1/2006 CAM (05/2006) 437.97 8,954.17 59884 5/1/2006 Property Tax Pass Thru (05/2006) 130.00 9,084.17 59885 5/1/2006 Insurance Pass Thru (05/2006) 48.15 9,132.32 59886 5/6/2006 May Late Fees, 5% of $4176.24 208.81 9,341.13 60126 5/15/2006 chk# 0621 2,088.12 7,253.01 42200 6/1/2006 RENT (06/2006) 1,472.00 8,725.01 60323 6/1/2006 CAM (06/2006) 437.97 9,162.98 60324 6/1/2006 Property Tax Pass Thru (06/2006) 130.00 9,292.98 60325 6/1/2006 Insurance Pass Thru(06/2006) 48.15 9,341.13 60326 6/6/2006 June Late Fees, 5% of $4176.24 208.81 9,549.94 60478 6/16/2006 chk# 0622 2,088.12 7,461.82 42634 7/1/2006 RENT (07/2006) 1,472.00 8,933.82 60676 https://w-ww.yardiaspla5.com/20220pintzuklreports/Resident i.edger.asp'Ih'1'ent=1524&Re._. 7/11/2006 ep ,'c I Z 14F'M ` I-edger No•814'' U. 6 Page 2 of 2 7/1/2006 CAM (07/2006) 437.971 1 91371.79 60677 7/1/2006 Property Tax Pass Thru (07/2006) 130-001 1 9,501.79 60678 7/1/2006 Insurance Pass Thru (07/2006) 48.151 1 9,549.94 60679 X /O 0/0 /o, W1,13 https://www.yardiaspla5.cons/2O220pinizuklreportsIResident_Ledger.asp`.7h'l'ent=1524&Re... 7/11/2006 ?, _' ?? g S ? -; t?- r.5 , r ? O ? a , -?l ? ? ? "" '1 ? = ?? cf --< FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Identification Nos. 65886/91635 1601 Market Street, 26th Floor Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW V. HONG TSANG, t/d/b/a CHINA GARDEN, 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Docket No. 06-6680 (Civil) Defendant. PRAECIPE TO REINSTATE TO THE PROTHONTARY: Kindly reinstate the Civil Action Complaint in the above-captioned matter. FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. By: ??ALD. Nos. 65886/91635 Frank G. M hy, Esquire Christina M. Hughes, Esquire 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Dated: 641710 Estate, LLC - ? r '? FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Attorney I.D. No. 65886/91635 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG t/d/b/a CHINA GARDEN 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 06-6680 PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue a writ of possession upon a judgment in ejectment entered by confession in the above matter. *4- CERTIFICATION I certify that: (a) This Praecipe is based on a judgment entered by confession, and (b) Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the filing of this Praecipe as evidenced by a return of service filed of record. FRANK G. MURPHY, SQUIRE CHRISTINA M. HUGHES, ESQUIRE Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. 1601 Market Street, Suite 2600 Philadelphia, PA 19103 215-563-0500 '11?, a va -406 4 ? C 4. vi o > ? 4 0 ATTORNEYS AT LAW January 25, 2007 Reply To: PHILADELPHIA VIA OVERNIGHT MAIL 1601 Market Street Prothonotary of Cumberland County Suite 2600 1 Courthouse Square Philadelphia, PA 19103 Carlisle, PA 17013 (215) 563-0500 Re: Home Elite Ltd., Inc. and P.R. Real Estate, LLC v. Hong Fax: (215) 563-5532 Tsang t1cola China Garden Docket No: 06-6679 and 06-6680 10 Melrose Avenue Dear Sir/Madam: Suite 430 Cherry Hill, NJ 08003 Enclosed please find an original and one copy of the Praecipe for Writ of Execution Upon a Confessed Judgment, an original and one copy (856) 216-2322 of the Praecipe for Writ of Possession Upon a Confessed Judgment, and Fax: (856) 216-2392 two checks in the amount of $15.00 each, payable to Prothonotary of Cumberland County. I understand that you will provide the Writs of Execution and Possession. Kindly file the originals and return time- 15 North Shore Road stamped copies to me in the enclosed self-addressed stamped envelope Marmora, NJ 08223 provided herewith. (609) 390-0127 1 have also included a check in the amount of $250.00, payable to Fax: (609) 390-0244 Sheriff of Cumberland County, for enforcement of the writs. To satisfy the judgment for possession in the above matter, the www.fpdb.com Sheriff is to place the Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC, in lawful possession of the 1,600 square feet of commercial space known as space L (the "Property"), currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055. To satisfy the judgment, interest, and costs against the Defendant, Hong Tsang t/d/b/a China Garden, the Sheriff is to levy upon the property of the Defendant located at the above-described Property, including but not limited to any and all tangible property, possessions, Frey Petrakis Deeb Blum & Briggs, PC. ' 4 F R E Y P E T R A K I S D E E B B L U M & B R I G G S, P. C. Page 2 January 25, 2007 Prothonotary of Cumberland County contents, equipment, appliances, fixtures, inventory, and the contents of any cash register or safe located therein. Please do not hesitate to contact me if you have any questions on the above. Very truly yours, 4aw. ?? CHRISTINA M. HUGHES CMH/ Enclosures cc: Ms. Mary Duffy . f1v FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Attorney I.D. No. 65886/91635 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG t/d/b/a CHINA GARDEN 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant Docket No. 06-6680 WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PA (1) To satisfy the judgment for possession in the above matter, you are directed to deliver possession of the following described property to: Home Elite, Ltd., Inc. and P.R. Real Estate, LLC, Plaintiffs, being: 1,600 square feet of commercial space known as space L (the "Property"), currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055. (2) To satisfy costs against the Defendant, you are directed to levy upon any Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW property of the Defendant and to sell Defendant's interest therein. COSTS: Prothonotary: lu ?I $ /.00 s V.,57- J ? N 3 v? aoa7 UR S LONG Prothonotary Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2006-06680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOME ELITE LTD INC VS TSANG HONG TDBA CHINA GARDEN SHAWN HARRISON Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn accor' ng to law, says, the within 236 NOTICE, COMPLAINT FOR was served upon' TSANG HONG T/D/B/A CHINA GARDEN the DEFENDANT , at 1030:00 HOURS, on the 26th day of Dec at 5205 SIMPSON FERRY RD SUITE 11 MECHANICSBURG, PA 17055 by handing to So Answers: a true and attested copy of 236 NOTICE, COMPLAINT FOR toge er with CONFESSION OF JUDGEMENT OF POSESSION, REINSTATED and at the same time directing His attention to the conten thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Postage .39 Surcharge 10.00 .00 ??l G?b ? ? 3 8 . 0 7 Sworn and Subscibed to before me this day of , R. Thomas Kline 00/00/0000 ,-, er , 2006 By: T'IL - Deputy Sheriff A.D. :.r ..w R By virtue of this writ, on the 5 thday of April 2007 I caused the within named fjnm P E l i t e LTD , to have possession of the premises described M RYc44x 5205 Simpson Ferry Road, Suite 11 Sworn and subscribed to before me this Day of , Sheriff's Return: Docketing 18.00 Surcharge 20.00 Prothy 1.00 Milage 21.12 Possession 30.00 Poundage 1.81 91.93/ pl 45, 00 r-- el-zk So Sheri BY Int Advance Costs: 150.00 Sheriff's Costs: 91.93 ?58.07 Refunded to Atty on 4/11/07 00 Vi ya it U U ;G' COSTS: Prothonotary: 14? j $ 7.Z. 5"/ J ;i N 3 v? aoa7 0 URTIS . LONG Prothonotary Deputy i 1,09 U030" 3010 sWd Coo at W" FREY, PETRAKIS, DEEB, BLUM & BRIGGS, P.C. BY: Frank G. Murphy, Esquire Christina M. Hughes, Esquire Attorney I.D. No. 65886/91635 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC. and P.R. REAL ESTATE, LLC 491 Old York Road, Suite 200 Jenkintown, PA 19046 Plaintiffs, V. HONG TSANG t/d/b/a CHINA GARDEN 5205 Simpson Ferry Road, Suite 11 Mechanicsburg, PA 17055 Defendant Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 06-6680 WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY, PA (1) To satisfy the judgment for possession in the above matter, you are directed to deliver possession of the following described property to: Home Elite, Ltd., Inc. and P.R. Real Estate, LLC, Plaintiffs, being: 1,600 square feet of commercial space known as space L (the "Property"), currently being utilized as a restaurant known as China Garden and located at the shopping center commonly known as East Gate Plaza, located at 5205 Simpson Ferry Road, Mechanicsburg, PA 17055. (2) To satisfy costs against the Defendant, you are directed to levy upon any property of the Defendant and to sell Defendant's interest therein. FREY, PWRAWS, DE , BLUM & MURPHY, P.C. BY: Frank G. Murphy. Esquire Christina M. Hughes, E quire Attorney I.D. No. 65886 91635 1601 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 563-0500 HOME ELITE LTD., INC and P.R. REAL ESTATE, LL 491 Old York Road, Sui a 200 Jenkintown, PA 19046 v. HONG TSANG t/d/b/a CHINA GAR] 5205 Simpson Ferry Mechanicsburg, PA 1 Plaintiffs, , Suite 11 Defendant Attorneys for Plaintiffs, Home Elite Ltd., Inc. and P.R. Real Estate, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Docket No. 06-6680 TO THE PROTHONOT Kindly mark the in the above-captioned matter satisfied. ?s Frank G. Murphy, uire Christina M. Hughes, Esquire Attorneys for Plaintiffs Date: 1/17 Lo j?- C7 mrr? ..?y 'Ln ?C N