LEASE AGREEMENT
AND
OPTION TO PURCHASE
THIS AGREEMENT, made and entered into on this the 13th day of May,
1994, by and between XXXXXXX SALES CORP., a Tennessee Corporation, Party
of the First Part (hereinafter for convenience designated as "Lessor")
and EARTH CARE PRODUCTS OF TENNESSEE, INC., a Florida corporation, whose
principal office is located at 0000 Xxxxxx Xxxx, Xxxxx 000 Xxxx, Xxxx
Xxxxx, Xxxxxxx 00000, Party of the Second Part (hereinafter for
convenience designated as "Lessee").
WITNESSETH
That for and in consideration of the rental hereinafter reserved and the
conditions, covenants and agreements herein contained on the part of the
Lessee, to be observed and performed by the Lessee, the Lessor does
hereby lease and demise, and the Lessee (in consideration of the
execution hereof by Lessor) does hereby take, the following premises
situated in the Town of Xxxxxx, County of Weakly, State of Tennessee, in
the 0xx Xxxxx Xxxxxxxx of said County, and more particularly described
as follows, to-wit:
BEGINNING at an iron pin in the south margin of the Old
Xxxxxx Road, said pin being the northwest corner of said tract conveyed
from Xxxxxxx Xxxxx to the City of Xxxxxx, said pin also being the
northeast corner of a tract belonging to Xxxxxx and being 25 feet south
of the center of said road; thence, south 87 degrees 49 minutes 38
seconds east with the south margin of said road for a distance of 449.70
feet to a iron pin, said pin being 100 feet west of the center of a
T.V.A. electric transmission line; thence south 00 degrees 08 minutes 56
seconds west, making a new line through the Xxxxxx Industrial property,
and parallel to said electric line, for a distance of 935.61 feet to an
iron pin; thence north 89 degrees 25 minutes 47 seconds west, and
passing an iron pin at the northeast corner of a tract belonging to
Xxxxxxx at 36.97 feet, and continuing with a fence on Xxxxxxx'x north
line, for a total distance of 481.06 feet to an iron pin at Xxxxxxx'x
northwest corner, said pin also being in the east line of Xxxxxx; thence
north 02 degrees 03 minutes 35 seconds east with a fence on Xxxxxx; east
line, for a distance of 948.48 feet to the point of beginning, and
containing 10.062 acres, according to a survey by Xxxxxx X. Xxxxxxx, TN
RLS No. 1009, on April 26, 1989, with all bearings based upon Magnetic
North.
BEING the same property conveyed to Xxxxxxx Sales Corp. by
deed of the Town of Sharon, dated May 5, 1989, which deed is of record
in the Register's Office of Xxxxxxx County, Tennessee, in Deed Book 297,
page 640.
The term of this lease shall be for three (3) years, commencing May 13,
1994, and terminating on May 12, 1997.
The building located on the property shall be used for purposes of
manufacturing and warehousing.
In consideration whereof, the Lessee agrees to pay unto the Lessor, in
such place in Xxxxxx as the Lessor may designate, as rent for said
premises, the sum of ONE HUNDRED EIGHTY THOUSAND AND NO/100 Dollars
($180,000.00), payable in thirty-six (36) monthly installments of Five
Thousand and No/100 Dollars ($5,000.00) each, the first said installment
to be paid on the same day of each month thereafter until 36
installments have been paid. In addition to said monthly rental, Lessee
agrees to pay the costs of insurance coverage on the building located on
this property (including both replacement cost insurance and premises
liability insurance) and also the real estate taxes (County and City)
levied on this property during the term of this Lease as follows:
Lessor shall, at least sixty (60) days prior to the subject tax payment
and/or insurance premium becoming due and payable, provide to Lessee
copies of all applicable bills, premium statements, invoices, and other
notices for payment pertaining to the subject tax payment and/or
insurance premium. Lessee shall promptly and timely make the
appropriate payment to the taxing authority and/or insurance company
based on the invoices and/or tax bills received from Lessor and shall
simultaneously provide a copy (to Lessor) of the subject check for
payment and transmittal of same to the taxing authority and/or insurance
company.
Should the roof or guttering become defective at any time during said
term, the Lessor will repair the same within a reasonable time after
being requested in writing by the Lessee to do so. The following
provisions shall apply to Lessor's duties:
(a) Lessor will make such repairs in timely fashion, and Lessor
warrants that such repairs will be done on a good and workmanlike
fashion and will remedy any defects of which Lessor has been notified.
(b) Lessor's failure to timely remedy and defects in the roof
will entitle Lessee to seek compensation for consequential damages
suffered by Lessee such as loss of use of the leased premises, lost
revenues, damages to equipment, inventory, furniture and fixtures within
the leased premises which are damaged due to the defective roof and
other similar consequential damages.
(c) In addition to liability for consequential damages, Lessee
will also have the right to terminate the Lease, in the event that
Lessor is unreasonable in the time frames it takes to repair the
defective roof or fails to complete such repair work in a good and
workmanlike fashion.
Should the heating or air-conditioning machinery and equipment require
major repair at any time during the term of this lease, Lessor will make
such repair; but Lessee shall bear the responsibility and expense of
normal and routine up-keep and maintenance of said heating and air-
conditioning machinery and equipment. Except as herein provided, the
Lessor shall not be obligated or required to make any other repairs, and
all other portions of said building shall be kept in good repair by the
Lessee and at the end of the term hereof, the Lessee shall deliver said
premises to the Lessor in good repair and condition, reasonable wear and
tear and damage from fire and other casualty excepted.
Lessee shall have the right to make such alterations to the interior of
the building as it may desire, provided, however, that any repairs or
alterations undertaken by the Lessee shall not impair the structural
safety of the building. Lessor, however, reserves the right to enter
upon said premises and to make such repairs and to do such work as
Lessor may deem reasonably necessary or proper or that the Lessor may
deem reasonably necessary or proper or that the Lessor may be lawfully
required to make, with the least disturbance to Lessee, at Lessor's
expense. Lessor reserves the right to inspect the premises at all
reasonable times.
Lessee will pay all bills for water, light and heat used on said
premises or any other utility bills not herein enumerated, including
sewer service charges if any be levied. Lessee further covenants to
keep and maintain the interior of the premises, including lighting
fixtures, all electric wiring, water pipes, water closets and other
plumbing on said premises in such good repair and order as may be
required by the rules, regulations and ordinances of the governmental
authority having jurisdiction thereof, ordinary wear and tear, defect in
the original installation, and damage by fire or other casualty
excepted.
Except as to the extent provided in Section 5 hereof, Lessor shall not
be liable for any damages caused by, or growing out of, leaks in roof or
any defect in said building, or in said premises, or caused by, or
growing out of, fire, wind, rain, and other cause.
Lessor shall not be liable for any damages caused by, or growing out of,
any breakage, leakage, getting out of order, or defective condition of
said electric wiring, pipes, closets or plumbing, or any of them.
Lessor shall have the right, upon the happening of any one or more of
the events described below, to enter and retake the leased premises
pursuant to applicable Tennessee landlord-tenant law, which shall
include (i) bringing a suit for eviction, (ii) obtaining a final
judgment of eviction, (iii) obtaining a writ of possession from the
court rendering the final judgment of eviction. The events which shall
give rise to the right of Lessor to thus proceed (after giving Lessee
ten (10) days' written notice) are as follows:
In the event the Lessee should fail to pay any one or more of said
monthly installments of rent, as and when the same becomes due, and such
default should continue for thirty (30) days after written demand for
the payment thereof is made by the Lessor upon the Lessee.
In the event a petition in bankruptcy is filed by or against the Lessee
and such petition is not dismissed within on hundred eighty (180) days
from the filing thereof, or the Lessee is adjudged bankrupt.
In the event an assignment for the benefit of creditors is made by the
Lessee.
In the event of an appointment by any Court of a receiver or other Court
officer of Lessee's property and such receivership is not dismissed
within thirty (30) days from such appointment.
In the event Lessee removes, attempts to remove, or permits to be
removed from said premises, except in the usual course of trade, the
goods, furniture, effects or other property of the Lessee brought
thereon.
In the event the Lessee, before the expiration of said term, and without
the written consent of the Lessor, vacates said premises or abandons the
possession thereof, or uses the same for purposes other than the
purposes for which the same are hereby let, or cease to use said
premises for the purpose herein expressed.
In the event an execution or other legal process is levied upon the
goods, furniture, effects or other property of the Lessee brought on
said premises, or upon the interest of Lessee in this lease, and the
same is not satisfied or dismissed within ten (10) days from such levy.
In the event the Lessee violates any other terms, conditions or
covenants on the part of the Lessee herein contained, and fails to
commence and to proceed with diligence and dispatch to remedy the same
within ten (10) days after written notice thereof is given by Lessor to
Lessee.
A first lien is expressly reserved by the Lessor and granted by the
Lessee upon the terms of this lease and upon all interest of the Lessee
in this leasehold for the payment of rent and also for the satisfaction
of any cause of action which may accrue to the Lessor by the provisions
of this instrument. A lien is also expressly reserved by the Lessor and
granted by the Lessee upon its interest in all buildings, improvements,
water fixtures and gas fixtures and all other fixtures to be erected and
put in place or that may be erected or put in place upon the premises by
or through the Lessee or other occupants for other rent and also for the
satisfaction of any causes of action which may accrue to Lessor by the
provisions of this instrument. Lessor waives any statutory lessor or
landlord liens it may have which give Lessor any rights other than
described in this paragraph.
In the event the Lessee abandons the leased premises before the
expiration of the term hereof, whether voluntarily or involuntarily, or
violates any of the terms, conditions, or covenants hereof, the Lessor
shall have the right, to enter and retake the leased premises pursuant
to applicable Tennessee landlord-tenant law, which shall include (i)
bringing a suit for eviction, (ii) obtaining a final judgment of
eviction, (iii) obtaining a writ of possession from the court rendering
the final judgment of eviction. After such retaking of the premises,
Lessor shall have the right to lease all or any portion of said premises
for such terms and for such use deemed satisfactory to the Lessor,
applying each month the net proceeds obtained from said leasing to the
credit of the Lessee herein, and said leasing shall not release the
Lessee from liability hereunder for the rents reserved for the residue
of the term hereof. Any rentals collected by the Lessor under the terms
of this section in excess of the rents reserved hereunder shall be paid
to the Lessee.
No re-entry hereunder shall bar the recovery of rent or damages for the
breach of any of the terms, conditions or covenants on the part of the
Lessee herein contained. The receipt of rent after breach or condition
broken, or delay on the part of the Lessor to enforce any right
hereunder, shall not be deemed a waiver or forfeiture of the right of
the Lessor to annul the lease or to re-enter said premises or to re-let
the same. The failure of any party to insist in any instance on strict
performance of any covenant herein, or to exercise any option herein
contained (except the option provided in Section 21 herein) shall not be
construed as a waiver of such covenant or option in an other instance.
All improvements and additions to the leased premises shall adhere to
the leased premises and become the property of the Lessor, with the
exception of such additions as are usually classed as furniture or
fixtures; said furniture and fixtures are to remain the property of the
Lessee and may be removed by the Lessee at the expiration of this lease.
Lessee shall repair any damages to the leased premises by such removal.
Lessee shall not have the right to transfer or assign this lease or to
sublease the whole or any part of the demised premises without the
written consent of the Lessor, which shall not be unreasonably withheld
or delayed. Any such assignment or subleasing if consented to shall not
release the Lessee from liability for the performance of Lessee's
obligations hereunder.
In the event the building located on the demised premises shall be
damaged or destroyed during the term hereof by fire or other casualty,
to the extent that the cost of repairing the same will exceed fifty
percent (50%) of the then replacement cost of said building, in which
event said building shall be deemed and considered to be wholly
untenantable and unfit for use, the Lessor may at its option, within
thirty (30) days after the occurrence of said casualty, either terminate
said lease by giving notice in writing to the Lessee of such election to
terminate, or proceed with due diligence and dispatch to restore said
building to the condition in which it existed immediately prior to such
casualty, upon which later event this lease shall continue in full force
and effect, except that the rent payable hereunder shall xxxxx and cease
during the period required to restore said building, but shall again
become payable as provided herein upon substantial completion of said
restoration. If this right to terminate shall be exercised, the rent
shall cease as of and be apportioned to be the date of such casualty.
If Lessor elects to proceed with restoration of the building as provided
for above, then in the event that Lessor does not timely complete the
replacement or repair of the improvements at the lease premises Lessee
shall have the option to terminate the Lease by delivering written
notice to Lessor.
Lessee covenants, throughout the term of this lease, or any extension
thereof, to protect and same harmless the Lessor, his servants, agents
and employees, from any and all liability for claims for damages to the
property, or injury to the person, or death, sustained by any third
party, in, on or about the leased premises, except that Lessee shall not
be responsible for negligence claims arising out of the negligence of
Lessor and/or Lessor's agents.
Lessor hereby covenants to and with the Lessee that the Lessor has a
good title to the leased premises, and that at the commencement of the
term of this lease, Lessor will put, and will thereafter keep the Lessee
in quiet and peaceful possession thereof during the term of this lease,
subject to the Lessee's complying with the provisions of this lease on
its part to be performed.
In the event a dispute arises in connection with this Lease Agreement
and such dispute results in litigation, the prevailing party in such
litigation shall be entitled to reimbursement from the non-prevailing
party for any attorney's fees.
_PRIVATE __OPTION TO PURCHASE_tc \l 1 "OPTION TO PURCHASE"_
Lessee is hereby given and granted an EXCLUSIVE OPTION TO PURCHASE THE
ABOVE DESCRIBED REAL PROPERTY. The terms of this option shall be as
follows:
The entire purchase price if this option is exercised during the first
month of this Lease shall be THREE HUNDRED FORTY-FIVE THOUSAND AND
NO/100 DOLLARS ($345,000.00). If this option is exercised during any
subsequent month, the price shall be the amount shown for that month on
the attached schedule. This option may be exercised at any time during
the term of the lease.
To exercise this option, Lessee must give Lessor written notice of such
exercise.
All monthly rental payments must be current at the time the purchase
option is exercised and at the time the transaction is closed.
Lessor will pay for the preparation of the Warranty Deed, Lessee will
pay all other expense for document preparation, recording fees and other
closing costs.
Lessor will obtain, pay for and deliver to Lessee a title insurance
commitment for an owner's title insurance policy, naming Lessee as the
insured. This title commitment is to be issued by a title insurance
underwriter reasonable acceptable to Lessee on and ALTA form of owner's
commitment, insuring that the property to be purchased is free and clear
of all liens, mortgages and encumbrances and title is otherwise good and
marketable. Lessor shall title is otherwise good and marketable.
Lessor shall thereafter be obligated to obtain and pay for the final
title insurance policy upon the closing of the sale of the subject
property, pursuant to the purchase option.
In the event of any breach by Lessor of a representation, warranty,
covenant or any other term or condition of either the Asset Purchase
Agreement (which is being entered into at or near the time of the
execution of this Lease) or this Lease, Lessee shall be entitled to
offset against the option to purchase price an equivalent amount of
damages, both direct, consequential or otherwise, plus attorney's fees
and costs, which were incurred by Lessee due to the subject breach.
Lessor represents and warrants to Lessee that, to the best of Lessor's
knowledge, neither Lessor nor any prior owner of the leased premises,
nor any owner or prior owner of any real property adjacent to the lease
premises (the "Adjacent Land"), has manufactured or disposed of any
Hazardous Substance (as hereinafter defined) on the leased premises or
on such Adjacent Land, or stored or used any such Hazard Substance on
the leased premises or on such Adjacent Land in such quantities,
concentrations, forms or levels, or otherwise in a manner which is in
violation of any applicable environmental laws. "Hazardous Substance"
means any toxic or hazardous waste, pollutants or substances, including,
without limitation, asbestos, PCBs, petroleum products and by-products,
substances defined or listed as "hazardous substances", "toxic
substance", "toxic pollutant", or similarly identified substance or
mixture, in or pursuant to any environmental law, including, but not
limited to, the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended. To the best of Lessor's knowledge,
the leased premises is in compliance with all environmental laws, and
there have been no notices from any federal, state or local governmental
authority having jurisdiction over the leased premises, to the effect
that the leased premises is not in compliance with any of such
environmental laws, or is the subject of any federal, state or local
investigation evaluating whether any remedial action is needed to
respond to a release of any Hazardous Substance into the environment
from the leased premises, and there are no pending actions with respect
to the leased premises under any environmental laws. Lessor shall
indemnify and hold harmless Lessee from and against any and all loss,
cost, damage, expense, claim, charge or liability, including all
attorney's fees and costs, whether at the trial or any appellant level,
that may arise out of, or in any way be connected to, a breach of any
representation or warranty by Lessor with respect to the provisions of
this paragraph.
Lessor shall cause no further encumbrances to attach to the subject
property including any additional mortgages, nor seek any additional
advances under the first mortgage. Lessor agrees to use its best
efforts and good faith and due diligence to require the holder of the
first mortgage to provide Lessee with concurrent notice of any and all
notices given by the holder of the first mortgage, whether in the event
of a default or otherwise, under the first mortgage. In the event of a
default under the first mortgage, Lessee shall have the right, but not
the obligation, to make any and all mortgage payments directly to the
holder of the first mortgage, and, in turn, offset against any rent
payments all amounts expended by the Lessee in curing the default under
the first mortgage and keeping the same in good standing.
At the end of the term of this Lease Agreement, or any renewal or
extensions hereof, or should the Lease Agreement be terminated for any
other reason herein provided, Lessee agrees to surrender said premises
to Lessor in as good condition as received, ordinary wear and tear and
casualty not Lessee's fault excepted.
All notices herein authorized or required to be given to the Lessor
shall be sent by Registered or Certified Mail, addressed to the Lessor
at 500 Fairview (P.O. Box 182) in Xxxxxxxxxx, Xxxxxxxxx 00000, or to
such other place as the Lessor may from time to time designate in
writing to the Lessee. All notices herein authorized or required to be
given to the Lessee shall be sent by Registered or Certified Mail,
addressed to the Lessee at 0000 Xxxxxx Xxxx, Xxxxx 000 Wet in Xxxx
Xxxxx, Xxxxxxx 00000, or to such other place as the Lessee may from time
to time designate in writing to the Lessor.
This agreement and all covenants, obligations and conditions hereof
shall inure to the benefit of and be binding upon the successors and
assigns of Lessors and shall inure to the benefit of and be binding upon
the successors and assigns (to the extent permitted) of the Lessee.
Should any provision of this Lease Agreement be held invalid for any
reason, the remaining provisions hereof shall be given effect to the
extent possible absent the invalid provision. To this end, the
provisions of this Agreement are declared to be severable.
IN WITNESS WHEREOF, the Parties above named have hereunto set
their hands and seals on the day and date first above written.
XXXXXXX SALES CORP.
By: /s/ Xxxxxx X. Xxxxx, President
XXXXXX X. XXXXX, President
EARTH CARE PRODUCTS OF TENNESSEE, INC.
By: /s/ Xxxxx X. Xxxxxx, President
XXXXX X. XXXXXX, President
AMENDMENT TO
LEASE AGREEMENT
AND
OPTION TO PURCHASE
WHEREAS, on May 13, 1994, XXXXXXX SALES CORP., [NOW KNOWN AS XXXXX
MANAGEMENT CORP.], a Tennessee Corporation (designated as "Lessor"), and EARTH
CARE PRODUCTS OF TENNESSEE, INC., a Florida Corporation (designated as
"Lessee"), entered into a certain "Lease Agreement And Option To Purchase",
which document has governed the relation of the said Parties since that time,
and
WHEREAS, there is a building located on the industrial site which is the
subject of the aforesaid document, which building is being used by Lessee for
manufacturing and warehousing purposes, and
WHEREAS Lessee has indicated a need and desire that additional space be added
onto or near the said building so that Lessee will be able to expand its
operations at this site and increase its manufacturing process, and
WHEREAS, Lessor has indicated a willingness to construct additional space
provided Lessee increases the amount of rental payments and provided that
certain other provisions of the May 13, 1994, Agreement be changed, and
WHEREAS now the said Parties now desire to change and amend the aforesaid
Agreement of May 13, 1994, so as to provide for construction of additional
space, increased rental payments, extending the term of the Lease, changing
the amount of the purchase price (if the option to purchase is exercised),
permitting an additional encumbrance on the property by Lessor to obtain
financing for the new construction, and provide for reimbursement by Lessee
for increased taxes and insurance costs resulting from the additional
construction, now therefore,
WITNESSETH
That for an in consideration of the mutual promises and covenants made by each
of the Parties, and the mutual advantages and benefits to be enjoyed by each
of the Parties from the execution of this Amendment, the Parties do here and
now agree and contract as follows:
1. Lessor will cause an addition to be constructed at the north end of the
existing building, this addition to be 120 feet by 85 feet, as more
particularly described in the attached "Proposal" prepared by Greenfield
Lumber Company, Inc. This construction will be at the expense of Lessor.
2. The term of the Lease Agreement (and the Option to Purchase) is hereby
extended until October 1, 1999.
3. The rental payments to be paid by Lessee shall be increased from Five
Thousand Dollars ($5,000) per month to Seven Thousand Dollars ($7,000) per
month, starting November 1, 1995, and continuing until the end of the Lease.
In addition to the said monthly rental payments, Lessee shall also transfer
certain stock as set out in Paragraph 10 below.
4. The purchase price to be paid by Lessee, if it exercises its Option to
Purchase (under the provisions of Paragraph 20 of the May 13, 1994 Agreement)
is to be the amount shown on the attached "Schedule No. 1", which is attached
hereto, if the Option is exercised on or before May 31, 1997.
5. It is agreed that if the Option To Purchase is exercised after May 31,
1997, then the purchase price is to be calculated by applying the monthly
rental payment (of $7,000) to amortize: (a) $238,064.90 using an interest rate
of "New York Prime" as of May 30, 1997, plus 2% [but not less than 8.25%], and
b) $72,608.39 using an interest rate of 10.75%. Therefore, for example, if New
York Prime is 8.5% on May 30, 1997, the purchase price to be paid (if Lessee
exercises its option after May 31, 1997 and before November 1, 1999) will be
the amount shown on the attached "Illustration Schedule No. 1". On the other
hand, if New York Prime is 9% on May 30, 1997, then the purchase price would
be the amount shown on the attached "Illustration Schedule No. 2".
6. Paragraph 22 of the May 13, 1994, Agreement is hereby amended to permit
Lessor to execute and deliver a Deed of Trust to the Bank of Xxxxxx in order
to provide financing in the amount of $96,090.00 to construct the addition
described on the Greenfield Lumber Company, Inc. proposal which is attached
hereto .
7. Lessee will reimburse Lessor for taxes on the property, including increased
taxes caused by the additional construction.
8. Lessee will reimburse Lessor for insurance coverage on the property,
including builders risk coverage and increased premiums caused by the
additional construction.
9. The reimbursements for taxes and insurance are to be made within the same
time limits as provided in the May 14, 1994 Agreement.
10. As part of the consideration for the promises made by Lessor herein,
Lessee agrees that on or before November 15, 1995, (it will transfer or issue
to Lessor Two Thousand Five Hundred (2,500) shares of the common stock of
Earth Care Global Holdings.
11. All provisions of the May 13, 1994, Agreement not amended hereinabove are
to remain in full force and effect.
IN WITNESS WHEREOF, the Parties have hereunto caused this Amendment to be
executed by their duly authorized representatives on this the _____ day of
October, 1995.
XXXXX MANAGEMENT CORP.
By: /s/ Xxxxxx X. Xxxxx
Xxxxxx X. Xxxxx, President
EARTH CARE PRODUCTS OF TENNESSEE, INC.
By: /s/ Xxxxx X. Xxxxxx
Xxxxx X. Xxxxxx, President
ATTACHMENT TO AMENDED LEASE
PURCHASE AGREEMENT (XXXXX
MANAGEMENT CORP. [formerly XXXXXXX
SALES CORP] / EARTH CARE PRODUCTS
-----------SCHEDULE NO. 1----------
Date Month Purchase Price
Begins During This
Month
01-Jun-94 345,000.00
01-Ju1-94 342,371.88
01-Aug-94 339,725.69
01-Sep-94 337,061.30
01-Oct-94 334,378.60
01 -Nov-94 331,677.45
01-Dec-94 328,957.73
01 -Jan-95 326,219.31
01-Feb-95 323,462.07
01-Mar-95 320,685.87
01-Apr-95 317,890.59
01-May-95 315,076.09
01-Jun-95 312,242.24
01-Ju1-95 309,388.91
01-Aug-95 306,515.96
01-Sep-95 303,623.26
01 -Oct-95 300,710.67
01-Nov-95 393,868.06 <--Cost of Xxxx.
00-Xxx-00 389,776.09 Addition Is
01-Jan-96 385,653.61 Added.
01-Feb-96 381,500.39
01-Mar-96 377,316.21
01-Apr-96 373,100.82
01-May-96 368,854.00
ATTACHMENT TO AMENDED LEASE
PURCHASE AGREEMENT (XXXXX
MANAGEMENT CORP. [formerly XXXXXXX
SALES CORP] / EARTH CARE PRODUCTS
---ILLUSTRATION SCHEDULE NO. 2---
Date Month Begins
Purchase Price During This Month
01-Jun-94
345,000.00
01-Jul-94
342,371.88
01-Aug-94
339,725.69
01-Sep-94
337,061.30
01-Oct-94
334,378.60
01-Nov-94
331,677.45
01-Dec-94
328,957.73
01-Jan-95
326,219.31
01-Feb-95
323,462.07
01-Mar-95
320,685.87
01-Apr-95
317,890.59
01-May-95
315,076.09
01-Jun-95
312,242.24
01-Jul-95
309,388.91
01-Aug-95
306,515.96
01-Sep-95
303,623.26
01-Oct-95
300,710.67
**
01-Nov-95
393,868.06
_ Cost of Building
01-Dec-95
389,776.09
Addition Is
01-Jan-96
385,653.61
Added
01-Feb-96
381,500.39
01-Mar-96
377,316.21
01-Apr-96
373,100.82
01-May-96
368,854.00
01-Jun-96
364,575.50
01-Jul-96
360,265.08
01-Aug-96
355,922.50
01-Sep-96
351,547.52
01-Oct-96
347,139.88
01-Nov-96
342,699.34
01-Dec-96
338,225.66
01-Jan-97
333,718.58
01-Feb-97
329,177.85
01-Mar-97
324,603.22
01-Apr-97
319,994.42
01-May-97
315,351.20
**
01-Jun-97
310,673.29
_ Int. Rate
01-Jul-97
306,506.00
Adjusted To
01-Aug-97
302,300.79
11.00%
01-Sep-97
298,057.32
01-Oct-97
293,775.24
01-Nov-97
289,454.20
01-Dec-97
285,093.84
01-Jan-98
280,693.80
01-Feb-98
276,253.72
01-Mar-98
271,773.25
01-Apr-98
267,252.00
01-May-98
262,689.61
01-Jun-98
258,085.70
01-Jul-98
253,439.91
01-Aug-98
248,751.84
01-Sep-98
244,021.12
01-Oct-98
239,247.35
01-Nov-98
234,430.14
01-Dec-98
229,569.09
01-Jan-99
224,663.82
01-Feb-99
219,713.91
01-Mar-99
214,718.96
01-Apr-99
209,678.56
01-May-99
204,592.29
01-Jun-99
199,459.74
01-Jul-99
194,280.49
01-Aug-99
189,054.11
01-Sep-99
183,780.17
01-Oct-99
178,458.24
2
