ESTOPPEL CERTIFICATE
LEASE DATE: March 31, 1994
LANDLORD: Textron Collective Investment Trust
ADDRESS: 0000 Xxxx 0000 Xxxxx #X0, Xxxx Xxxxxx Xxxx, XX 00000
TENANT: DMCCB, Inc.
LEASE ADDRESS: 0000 Xxxx 0000 Xxxxx, #000, Xxxx Xxxxxx Xxxx, Xxxx
As Tenant under the above referenced Lease, the undersigned hereby
acknowledges for the benefit of: Xxxxxx, (hereinafter "Lender") that:
1. Xxxxxx has accepted, is satisfied with, and is in full possession of
said Xxxxxxxx, including all improvements, additions and alterations
thereto required to be made by Landlord under the said Lease.
2. Tenant is currently paying the full rent stipulated in said Lease with
no offsets, defenses or claims.
3. To the best of Xxxxxx's knowledge Landlord has not been and is not
presently in default under any of the terms, covenants or provisions of
said Lease.
4. Xxxxxxxx has satisfactorily complied with all of the requirements and
conditions precedent to the commencement of the term of said Xxxxx as
specified in said Lease.
5. The fixed annual rent under said Lease is $120,893.40 for the 11 month
period of the first year and no monies have been paid to Landlord more
than five (5) days in advance of due date set forth in the Lease
described above, except: N/A.
6. The commencement date of said Xxxxx is May 1, 1994.
The Lease is for a term of (5) five years.
Tenant in occupancy and paying rent since: June 1, 1994.
8. Tenant hereby acknowledges (a) that there have been no modifications or
amendments to said Lease other than herein specifically stated, (b) that
it has no notice of a prior assignment, hypothecation or pledge of rents
or of the Lease, and (c) that notice of the proposed assignment of
Xxxxxxxx's interest in said Lease may be given it in person or by
Certified Mail, postage prepaid, at the Premises, with a copy provided to:
Fingerhut Companies, Inc.
0000 Xxxxx Xxxx
Xxxxxxxxxx, Xxxxxxxxx 00000
Attention: General Counsel
TENANT: DMCCB, Inc. or at such other address as Lessee shall designate by
---------------- written notice.
By: Xxxxxxx X Xxxxxxx Its S. VP Credit
------------------------------------ ----------------------------
/s/ Xxxxxxx X Xxxxxxx
------------------------------------
Please type or print above signature
Dated 9/19/94
----------------------------------