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EXHIBIT 10.1
COMMERCIAL LEASE AGREEMENT
THIS AGREEMENT Between XXXXXX X. XXXXXX of 000 Xxxxx 00, Xxxxxxxx Xxx, Xxx
Xxxx, 00000 as Lessor and XXXXXXX X. XXXXXXX of Xxx 000, Xxxxx Xxxx, Xxx Xxxx
00000, as Lessee
WITNESSETH: That the said Lessor has let unto the said Lessee and the said
Lessee has hired from the said Lessor the following premises:
The parcel of land of approximately One (1) acre in size, located on the
premises owned by Lessor, as more particularly shown on the attached map along
with the right to use the shanty/building located thereabouts as mutually
agreed, and located on Xxxxx 00, xx xxx Xxxx xx Xxxxxxxx, Xxxxxx of Saratoga and
State of New York, together with the right of ingress and egress over the lands
of the Lessor and the right to the use of the Railroad spur located on Lessor's
property and to the storage of ramps used in conjunction with same; subject to
the unqualified right of the Lessor from time to time to move, relocate,
or reconfigure said parcel to other areas on Lessor's lands at Lessor's sole
option and discretion, so long as any new location is similarly suitable for the
use intended under this Agreement; for the term of five (5) years to commence
May 1, 1997 and to end on the 30th day of April, 2002; to be used and occupied
solely as a business for the temporary parking and storing of leased
automobiles, small trucks and trailers under 30 feet in length, upon the
conditions and covenants following unless otherwise agreed to by Lessor in
writing:
FIRST: That the Lessee shall pay rent in the amount of Thirty-Eight
Thousand One-Hundred and 00/100 ($38,100.00) Dollars, said rent being payable in
the following monthly installments, due on the first day of each month:
$600.00/month each and every month for the use of the land; and
$35.00/month for each and every month for the use of the shanty/building for the
entire five (5) year term. There will be a late charge in the amount of $50.00
for any payment received after the 10th of each month.
Lessee has this day deposited with Lessor the sum of Six Hundred
Thirty-five and 00/100 ($635.00) Dollars, as security for the full and faithful
performance by the Lessee of all of the terms and conditions upon the Lessee's
part to be performed, which said sum shall be returned to the Lessee after the
time fixed or the expiration of the term herein, provided the Lessee has fully
and faithfully carried out all of the terms, covenants and conditions on his
part to be performed. The security deposited hereunder shall not be mortgaged,
assigned or encumbered by the Lessee without the written consent of the Lessor.
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SECOND: That the Lessee shall take good care of the premises and shall at
his own cost and expense make all repairs and changes to the leased premises,
and at the end or other expiration of the term, shall deliver up the demised
premises in good order or condition, damages by the elements excepted.
Lessee also agrees to be responsible for any and all snow plowing, snow
removal, salting and clearing of the parking and walk areas.
THIRD: That the Lessee shall promptly execute and comply with all
statutes, ordinances, rules, orders, regulations and requirements of the
Federal, State and Town Governments and of any and all their Departments and
Bureaus applicable to said premises, for the correction, prevention, and
abatement of nuisances, violations or other grievances, in, upon or connected
with said premises during said term; and shall also promptly comply with and
execute all rules, orders, and regulations of the Board of Fire Underwriters for
the prevention of fires, at his own cost and expense.
FOURTH: That in case the Lessee shall fail or neglect to comply with the
aforesaid statutes, ordinances, rules, orders, regulations and requirements or
any of them, or in case the lessee shall fail or neglect to make any necessary
repairs, then the Lessor or his Agents may enter said premises and make said
repairs and comply with any and all of the said statutes, ordinances, rules,
orders, regulations or requirements, at the cost and expense of the Lessee and
in case of the Lessee's failure to pay therefor, the said cost and expense shall
be added to the next month's rent and be due and payable as such, or the Lessor
may deduct the same from the balance of any sum remaining in the Lessor's hands.
This provision is in addition to the right of the Lessor to terminate this Lease
by reason of any default on the part of the Lessee.
FIFTH: That the Lessee shall not assign this Agreement, or underlet or
underlease the premises, or any part thereof, without prior written consent of
Lessor; or occupy, or permit or suffer the same to be occupied for any business
or purpose deemed disreputable or extra-hazardous on account of fire or any
other reason, under penalty of damages and forfeiture.
SIXTH: That no alterations, additions or improvements shall be made in or
to the premises without the consent of the Lessor in writing, under penalty of
damages and forfeiture, and all additions and improvement made by the Lessee
shall belong to the Lessor.
SEVENTH: That the Lessee shall, in case of fire, or destruction, give
immediate notice thereof to the Lessor who shall at Lessor's option cause the
damage to be repaired forthwith; but if the premises be so damaged that the
Lessor shall decide not to rebuild or repair, the term shall cease and the
accrued rent be paid up to the time of such fire or destruction.
EIGHTH: That said Lessee agrees that the said Lessor and Agents, and other
representatives, shall have the right to enter into and upon said premises, or
any part thereof, at all reasonable hours for the purpose of examining the same,
or making such repairs or alterations therein as may be necessary for the safety
and preservation thereof.
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NINTH: The Lessee also agrees to permit the Lessor or his Agents to show
the premises to persons wishing to hire or purchase the same; and the Lessee
further agrees that the Lessor or his Agents shall have the right to place
notices on the front of said premises, or any part thereof, offering the
premises "To Let" or "For Sale," and the Lessee hereby agrees to permit the
same to remain thereon without hindrance or molestation.
TENTH: That if the said premises, or any part thereof, shall become vacant
during the said term, or should the Lessee be evicted by summary proceedings or
otherwise, the Lessor or his representatives may re-enter the same, either by
force or otherwise, without being liable to prosecution therefor; and re-let
the said premises as the Agent of the said Lessee and receive the rent thereof;
applying the same, first to the payment of such expenses as the Lessor may be
put to in re-entering and re-letting and then to the payment of the rent due by
these presents; the balance, if any, to be paid over to the Lessee who shall
remain liable for any deficiency.
ELEVENTH: That in case of any damage or injury occurring to the building,
or damage and injury to the said premises of any kind whatsoever, said damage
or injury being caused by the carelessness, negligence, or improper conduct on
the part of the said Lessee, his Agents or Employees, then the said Lessee
shall cause the said damage or injury to be repaired as speedily as possible at
his own cost and expense.
TWELFTH: The Lessee shall neither place, nor cause, nor allow to be
placed, any sign or signs of any kind whatsoever at, in or about the entrance
to said premises nor any other part of same, except in or at such place or
places as may be agreed to by the said Lessor and consented to by him in
writing; with the exception of any sign Lessee is required to have placed on
the leased premises pursuant to requirements of the Department of Motor
Vehicles; and in case the Lessor or his representatives shall deem it necessary
to remove any such sign or signs in order to paint the buildings thereon or
make any other repairs, alterations or improvements in or upon said premises or
any part thereof, he shall have the right to do so, providing he causes the
same to be removed and replaced at his expense, whenever the said repairs,
alterations or improvements shall have been completed.
THIRTEENTH: It is expressly agreed and understood by and between the
parties to this agreement, that the Lessor shall not be liable for any damage
or injury to Lessee or Lessee's property by water, steam, electricity, rain,
ice or snow, which may be sustained by the said Lessee or other person or for
any other damage or injury resulting from the carelessness, negligence, or
improper conduct on the part of any other Lessee or Agents, or Employees, or by
reason of the breakage, leakage, or obstruction of the water or soil pipes, or
other leakage or erosion in or about the said area, unless said damage or
injury be caused by or due to the negligence of the Lessor.
FOURTEENTH: That if default be made in any of the covenants herein
contained, then it shall be lawful for the said Lessor to re-enter the said
premises and the same to have again, repossess and enjoy. The said Lessee hereby
expressly waives the service of any notice in writing of intention to re-enter,
except as otherwise setforth herein.
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FIFTEENTH: That this instrument shall not be a lien against said
premises in respect to any mortgages that hereafter may be placed against said
premises and that the recording of such mortgage or mortgages shall have
preference and precedence and be superior and prior in lien of this Lease,
irrespective of the date of recording and the Lessee agrees to execute any such
instrument without cost, which may be deemed necessary or desirable to further
effect the subordination of this Lease to any such mortgage or mortgages, and a
refusal to execute such instrument shall entitle the Lessor or his assigns and
legal representatives to the option of cancelling this Lease without incurring
any expense or damage, and the term hereby granted is expressly limited
accordingly.
SIXTEENTH: During the term of this Lease agreement and for any further
time that Lessee shall hold the demised premises, Lessee shall obtain and
maintain at his expense the following types and amounts of insurance:
(1) Fire Insurance - Lessee shall keep all buildings, improvements and
equipment on the demised premises, including all alterations, additions and
improvements and all personal property or stored property, insured against loss
or damage by fire, explosion, and the perils specified in the standard extended
coverage endorsement, and by vandalism and malicious mischief. The insurance
shall be in an amount sufficient to prevent Lesser and Lessee from becoming
co-insurers under provision of applicable policies of insurance, but in any
event in an amount acceptable to Lessor and sufficient to adequately cover all
possible losses.
(2) Personal injury and property damage insurance. Insurance against
liability for bodily injury and property damage and machinery insurance, all to
be in amounts and in forms of insurance policies as may from time to time be
required by Lessor, shall be provided by Lessee, and shall in any event not be
in an amount less than One-Million and 00/100 ($1,000,000.00) Dollars.
(3) Other Insurance. Lessee shall provide and keep in force other
insurance in amounts that may from time to time be required by Lessor against
other insurable hazards as are commonly insured against for the type of
business activities that Lessee will conduct.
All insurance provided by Lessee as required by this section shall be
carried in favor of Lessor and Lessee as their respective interests may appear.
In the case of insurance against damage to the building by fire or other
casualty, the policy shall provide that loss, if any, shall be adjusted with and
be payable to Lessor. If requested by Lessor, any insurance against fire or
other casualty shall provide that loss be payable to the holder under a standard
mortgage clause. All insurance shall be written with responsible companies that
Lessor shall approve, and the policies shall be held by Lessor, or, when
appropriate, by the holder of any mortgage, in which case copies of the policies
or certificates of insurance shall be delivered by Lessee to Lessor. All
policies shall require thirty (30) days notice by registered mail to Lessor of
any cancellation or change affecting any interest of Lessor.
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SEVENTEENTH: It is expressly understood and agreed that if for any reason
it shall be impossible to obtain insurance on the buildings, inventory and
personal property on the premises in an amount, and in the form, and in
insurance companies acceptable to the Lessor, the latter may, if he so elect, at
any time thereafter terminate this Lease and the term thereof, on giving to the
Lessee thirty (30) days' notice in writing of his intention so to do and upon
the giving of such notice, this Lease and the term thereof shall terminate and
come to an end.
EIGHTEENTH: It is expressly understood and agreed that in case the demised
premises shall be deserted or vacated, or if default be made in the payment of
the rent or any part thereof as herein specified, or if, without the consent of
the Lessor, the Lessee shall sell, assign, or mortgage this Lease or if default
be made in the performance of any of the covenants and agreements in this Lease
contained on the part of the Lessee to be kept and performed, or if the Lessee
shall fail to comply with any of the statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and Town Governments or of
any and all their Departments and Bureaus applicable to said premises, or
hereafter established as herein provided, or if the Lessee shall file a petition
in bankruptcy or be adjudicated a bankrupt or make an assignment for the benefit
of creditors to take advantage of any insolvency act, the Lessor may, if he so
elect, at any time thereafter terminate this Lease and the term thereof, upon
giving to the Lessee five days' notice in writing of his intention so to do, and
upon the event of such notice, this Lease and the term thereof shall terminate,
expire and come to an end on the date fixed in such notice as if said date were
the date originally fixed in this Lease for the termination or expiration
thereof.
All notices required to be given to the Lessee may be given by mail
addressed to the Lessee at the address stated above or personally delivered.
NINETEENTH: All applications and connections for necessary utility services
on the demised premises shall be made in the name of Lessee only. Lessee shall
be solely liable for utility charges as they become due, including, but not
limited to, those for sewer, water, gas, electricity, and telephone services,
and if not so paid, the same shall be added to the month's rent next accruing,
as further set forth in Paragraph "Thirty-Second", herein.
TWENTIETH: The failure of the Lessor to insist upon strict performance of
any of the covenants or conditions of this Lease or to exercise any option
herein conferred in any one or more instances, shall not be construed as a
waiver or relinquishment for the future of any such covenants, conditions or
options, but the same shall be and remain in full force and effect.
This agreement contains the entire agreement of the parties and may not be
changed, modified, discharged or terminated orally. Any modification of this
Lease agreement or additional obligations assumed by either party in connection
with this Lease agreement shall be binding only if evidenced in a writing signed
by each party or an authorized representation of each party.
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TWENTY-FIRST: If the whole or any part of the demised premises shall be
acquired or condemned by Eminent Domain for any public or quasi-public use or
purpose, then and in that event, the term of this Lease shall cease and
terminate from the date of title vesting in such proceeding and Lessee shall
have no claim against Lessor for the value of any unexpired term of said Lease.
No part of any award shall belong to the Lessee.
TWENTY-SECOND: That if the said premises, or any part thereof shall be
deserted or become vacant during said term, or if any default be made in the
payment of the said rent or any part thereof, or if any default be made in the
performance of any of the covenants herein contained, the Lessor or
representatives may re-enter the said premises by force, summary proceedings or
otherwise, and remove all persons therefrom, without being liable to
prosecution therefor, and the Lessee hereby expressly waives the service of any
notice in writing of intention to re-enter, and the Lessee shall pay at the
same time as the rent becomes payable under the terms hereof a sum equivalent
to the rent reserved herein, and the Lessor may rent the premises on behalf of
the Lessee, reserving the right to rent the premises for a longer period of
time than fixed in the original Lease without releasing the original Lessee
from any liability, applying any moneys collected, first to the expense of
resuming or obtaining possession, second to restoring the premises to a
rentable condition, and then to the payment of the rent and all other charges
due and to grow due to the Lessor, any surplus to be paid to the Lessee, who
shall remain liable for any deficiency.
TWENTY-THIRD: In the event that the relation of the Lessor and Lessee may
cease or terminate by reason of the re-entry of the Lessor under the terms and
covenants contained in this Lease or by the ejectment of the Lessee by summary
proceedings or otherwise, or after the abandonment of the premises by the
Lessee, it is hereby agreed that the Lessee shall remain liable and shall pay
in monthly payments the rent which accrues subsequent to the re-entry by the
Lessor, and the Lessee expressly agrees to pay as damages for the breach of the
covenants herein contained, the difference between the rent reserved and the
rent collected and received, if any, by the Lessor during the remainder of the
unexpired term, such differences or deficiency between the rent herein reserved
and the rent collected if any, shall become due and payable in monthly payments
during the remainder of the unexpired term, as the amounts of such difference
or deficiency shall from time to time be ascertained and it is mutually agreed
between Lessor and Lessee that the respective parties hereto shall and hereby
do waive trial by jury in any action, proceeding or counterclaim brought by
either of the parties against the other on any matters whatsoever arising out
of or in any way connected with this Lease, the Lessee's use or occupancy of
said premises, and/or any claim of injury or damage.
TWENTY-FOURTH: The Lessee hereby covenants and agrees to be liable for
and to pay any costs and expenses and without limitation reasonable attorneys'
fees and court costs incurred by Lessor in curing any default hereunder or in
the collection of any passed due amounts or, in the event of termination
resulting from default or breach of this Agreement by Lessee, in the collection
of the rent reserved hereunder. Suit or suits for the recovery of any loss or
deficiency of rent or damages, or for any installment or installments of rent
or additional rent payable hereunder,
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may be brought by Lessor at once or form time to time at the Lessor's election
and nothing contained in this Lease shall be deemed to require Lessor to await
the date whereon this Lease or the term hereof would have expired by limitation
had there been no such default by Lessee or no such termination. No failure by
Lessor to insist upon the strict performance of any covenant, agreement, term or
condition of this Lease or to exercise any right or remedy consequent upon a
breach thereof and no acceptance of full or partial rent or additional rent
during the continuance of any such breach shall constitute a waiver of any such
breach or of such covenant, agreement, term or condition. In the event of any
breach by Lessee of any of the covenants, agreements, terms or conditions
contained in this Lease, Lessor shall be entitled to enjoin such breach and
shall have the right to invoke any right and remedy allowed at law or in equity
by statute or otherwise.
TWENTY-FIFTH: The Lease shall be governed by and construed in accordance
with the laws of the State of New York. The Lessee waives all rights to redeem
under any law of the State of New York.
TWENTY-SIXTH: Lessor shall not be liable for failure to give possession of
the premises upon commencement date by reason of the fact that premises are not
ready for occupancy or because a prior Lessee or any other person is wrongfully
holding over or is in wrongful possession, or for any other reason. The rent
shall not commence until possession if given or is available, but the term
herein shall not be extended.
TWENTY-SEVENTH: If any term covenant, condition or provision of this Lease
or the application hereof to any circumstance or to any person, firm or
corporation shall be invalid, or unenforceable to any extent, the remaining
terms, covenants, conditions and provisions of this Lease shall not be affected
thereby and each remaining, term, covenant, condition and provision of this
Lease shall be valid and enforceable to the fullest extent permitted by law.
TWENTY-EIGHTH: Lessee shall be at liberty to place any one or more
temporary structures on the leased premises at his own expense, subject to
removal upon the termination or expiration of this lease, and so long as same
does not cause any damage to said leased premises or cause Lessor's taxes to
increase. In the event the placement of any temporary structure by Lessee causes
Lessor's taxes to increase, Lessee shall, at Lessor's option, either remove said
structure, or pay the increase in taxes. Lessee shall be at liberty to construct
permanent structures only upon the express written consent of Lessor, which
consent may be withheld for any reason.
TWENTY-NINTH: Lessor and Lessee mutually agree that under no circumstance
will Lessor be entitled to place a lien upon or retain as collateral, any of the
automobiles stored or parked on the leased premises as part of Lessee's
business, for payments of any amounts owed pursuant to the terms of this
Agreement.
THIRTIETH: In the event of sale of the premise leased hereunder, Lessee
agrees to vacate the premises within ninety (90) days after receipt of notice
from Lessor of such sale, and said lease shall terminate upon the expiration of
the ninety (90) day period.
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THIRTY-FIRST: Lessee warrants that Lessee will not do anything on said
leased premises that will be harmful to or cause damage or harm to the
environment; and further that Lessee will be responsible for all costs
associated with the clean-up and correction of any and all environmental
hazards or damage caused by Lessee, his employees or any stored or parked
vehicles; and further will indemnify and hold Lessor harmless in regards to
same. Lessee agrees that no automotive repair or maintenance work is to be
conducted on the leased premises, and to keep the area leased in a clean and
oil-free condition.
THIRTY-SECOND: Lessee shall initiate, contract for, and obtain, in his
name, all utility services required on the premises, including gas,
electricity, telephone, water, and sewer connections and services, and Lessee
shall pay all charges for those services as they become due. If Lessee fails to
pay the charges, Lessor may elect to pay them and the charges will then be
added to the rental installment next due. Lessor may elect to forfeit or
terminate this lease if Lessee fails or refuses to pay the charges for utility
services as assessed or incurred.
Lessor shall not be liable for any personal injury or property damage
resulting from the negligent operation or faulty installation of utility
services provided for use on the premises, nor shall Lessor be liable for any
injury or damage suffered by Lessee as a result of the failure to make
necessary repairs to the utility facilities.
Lessee shall be liable for any injury or damages to the equipment or
service lines of the utility suppliers that are located on the premises,
resulting from the negligent or deliberate acts of Lessee, or the agents or
employees of Lessee.
THIRTY-THIRD: Lessee shall not do or permit anything to be done on or
about the premises that will obstruct or interfere with the rights of other
tenants or occupants of Lessor's properties, or injure or annoy them or use or
allow the premises to be used for any immoral or unlawful purpose, nor shall
Lessee cause, maintain, or permit any nuisance in, on, or about the premises or
common areas.
THIRTY-FOURTH: Lessor shall not be liable, and Lessee waives all
claims, for injury or damage to persons or property sustained by Lessee or any
employee or occupant of any building on the premises or the premises itself,
resulting from (1) any part of the building, equipment, or appurtenances on the
premises in need of repair, (2) any accident in or about the premises, or (3)
any injury or damage resulting directly or indirectly from any act or
negligence of a tenant or occupant or of any other person. This waiver of
liability and release of Lessor shall apply especially, but not exclusively, to
damage caused by water, snow, frost, steam, excessive heat or cold, sewage,
gas, orders, noise, or the bursting or leakage of pipes or plumbing fixtures,
and shall apply whether any damage results from the act or negligence of other
tenants, occupants, or servants or of any other person, or whether the damage
is caused or results from any event or circumstance of a similar or wholly
different nature.
If any damage results from any act or negligence of Lessee, Lessee
shall repair the damages within thirty (30) days or within a reasonable period,
but not to exceed sixty (60) days if the damages cannot be repaired
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in a thirty-day period. If Lessee fails or refuses to make the repairs, Lessor
may, at the option of Lessor, repair the damage, whether caused to the building
or to any occupants, and Lessee shall pay to Lessor the total cost of the
repairs and damages. All personal property belonging to Lessee or to any
occupant that is in the building or on the premises shall be there at the risk
of Lessee or the occupant only, and Lessor shall not be liable for any damage to
or the theft or misappropriation of such property.
Lessee shall assume all liability for any injury or damages that may arise
from any accident that occurs in front of the leased premises, or in, on, or
about the leased premises in any area under the control of or used by Lessee
that result from the acts of Lessee, his employees, agents, or customers. Lessee
shall indemnify Lessor against any and all claims filed by parties injured or
damaged by an accident as provided in this section.
THIRTY-FIFTH: Lessor shall not be liable in any manner for any loss,
injury, or damage incurred by Lessee from acts of theft, burglary, or vandalism
committed by either identified or unidentified parties, except for personal acts
of Lessor where the acts are committed against Lessee, or the agents, employees,
or guests of Lessee, or are committed against the premises.
Lessee shall be responsible for arranging, and all expenditures relating
to, any security precautions that Lessee deems necessary for the safety of the
personnel, guests, or property of Lessee located in or on the premises. Lessee
shall also provide, at the expense of Lessee, insurance against losses of the
above nature that Lessee desires to maintain, as set forth herein. Lessee
specifically agrees not to make any claims against Lessor, either in law or in
equity, for any loss or damage incurred.
Any and all improvements, alterations and additions made to the leased
premises shall, at the expiration of this Lease Agreement, or any extension
thereunder, remain on the premises and belong to Lessor as a further
consideration for this Lease Agreement and no compensation shall be allowed or
paid therefore to Lessee.
And the said Lessor does covenant that the said lessee on paying the said
rent, and performing the covenants aforesaid, shall and may peaceably and
quietly have, holding and enjoy the said premises for the term aforesaid,
subject to the rights to termination pursuant to this Agreement.
And it is further understood and agreed, that the covenants and agreements
herein contained are binding on the parties hereto and upon their respective
successors, heirs, executors and administrators.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and
seals this 2nd day of May, One-thousand Nine-Hundred and Ninety-Seven.
IN PRESENCE OF /s/ XXXXXX X. XXXXXX L.S.
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XXXXXX X. XXXXXX
/s/ XXXXXXX X. XXXXXXX L.S.
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XXXXXXX X. XXXXXXX
00
XXXXX XX XXX XXXX:
SS:
COUNTY OF SARATOGA:
On the 2nd day of May 1997, before me personally came Xxxxxx X. Xxxxxx, to
me known and known to me to be the individual described in, and who executed,
the foregoing instrument, and he duly acknowledged to me he executed the same.
/s/ XXXXX X. XXXXX
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Notary Public
Xxxxx X. Xxxxx
Notary Public, State of New York
No. 01SA8014331
Qualified in Saratoga County
Commission Expires July 18, 0000
XXXXX XX XXX XXXX:
SS:
COUNTY OF SARATOGA:
On the 2nd day of May 1997, before me personally came Xxxxxxx X. Xxxxxxx,
to me known and known to me to be the individual described in, and who executed,
the foregoing instrument, and he duly acknowledged to me he executed the same.
/s/ [Signature Illegible]
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Notary Public
??????????????
Notary Public, State of New York
No. 4???????????
Qualified in Saratoga County
Commission Expires July 18, 1998
IN CONSIDERATION of the letting of the premises within mentioned to the
within named Lessee and the sum of $1.00 paid to the undersigned by the within
named Lessor, the undersigned does hereby unconditionally guarantee covenant,
and agree, to and with the Lessor and the Lessor's legal representatives,
that if default shall at any time be made by the said Lessee in the payment of
the rent and the performance of the covenants contained in the within Lease, on
the Lessee's part to be paid and performed, that the undersigned will well and
truly pay the said rent, or any arrears thereof, that may remain due unto the
said Lessor, and also pay all damages that may arise in consequence of the
nonperformance of said covenants, or either of them, without requiring notice of
any such default from the said Lessor. The undersigned hereby waives all right
to trial by jury in any action or proceeding hereinafter instituted by the
Lessor, to which the undersigned may be a party.
IN WITNESS WHEREOF, the undersigned has set its hand and seal this 2nd day
of May, 1997.
WITNESS /s/ [Signature Illegible] 35 XXXXXXXX CORP
By: /s/ XX XXXXXXX L.S.
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Title: Pres
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