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Quick Cash TOWN OF WAPPINGER TOWN CLERK CHRIS MASTERSON SUPERVISOR CHRISTOPHER J. COlSEY TOWN CLERK'S OFFICE TOWN COUNCIL WilLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOlONI License Registration: ISSUE DATE: EXPIRATION DATE: ISSUED BY: The1\.pplica Loan Brok and.in c DATE: June 9, 2009 **This license is limited to Monday through Saturday** * * Sunday hours of operation are not pennitted** THIS LICENSE IS TO BE POSTED CONSPICUOUSLY Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Collateral Loan Broker License Application 1. Quick Cash of Wappingers Falls LLC Barbara Buoninfante, Sole Member Date of Birth: 09/02/45 685 Esplanade Avenue Pelham Manor, NY 10803 2. The applicant, Barbara Buoninfante, Sole Member of Quick Cash of Wappingers Falls LLC, expects to employ no more than three employees. 3. The applicant, Barbara Buoninfante, Sole Member of Quick Cash of Wappingers Falls LLC, has never been convicted of any crime. 4. Barbara Buoninfante has been a collateral loan broker since November 2008. 5. Quick Cash of Wappingers Falls LLC will operate from: 1708 Route 9 Wappingers Falls, NY 12590 mailing address is: 2712 E. Tremont Avenue Bronx, NY 10461 6. Applicant leases its business premises. A copy of the lease is attached. 7. The interest rate on loans provided to suitable applicants is four percent (4%) per Month, as provided by the New York State Banking Department. 8. I, Barbara Buoninfante, hereby authorize the Town of Wappinger to make a request for a criminal history record from the New York State Division of Criminal Justice Services (DCJS) or a Town approved private company. ~~ 9. I, Barbara Buoninfante, recently provided the Dutchess County Sherriff's Department two sets of fingerprint cards as part of the process to obtain a license as a Precious Metal ExchanQe Establishment. The County of Dutchess subsequently issued me License #00186 on 05/08/09 (copy attached). IN WITNESS WHEREOF Barbara Buoninfante, Sole Member of Quick Cash of Wappingers Falls LLC has duly affixed her signature under seal on this 26 day of May, 20~ IUOkU;5~ WifrJ s: S Barbara Buon' fante DOREEN CHRISTie Notary Public, State of New YorK No.01CH4930446 Co ~ali~ed in Bronx County mm. n Expires May 9,20.1.0 1)-1, !Ot BOND DEPARTMENT AGENCY: 31-1025 Oxford Ins Agency Group Ltd CONTINUATION CERTIFICATE BOND S-438628 Principal: Quick Cash ofWappingers Falls LLC 1708 Route 9 Wappingers Falls, NY 12509 Obligee: Town of Wappinger Town Board, 20 Middlebush Rd Wappingers Falls NY 12590 Bond Term in Months: 12 Effective Date: 5/28/2010 Expiration Date: 5/28/2011 Penalty Amount: $10,000 Type of Bond: License Classification:Compliance Runs to State or Municipality lR1~~~~%7~[Q) Remarks: Pawnbroker/Jewelry Store MAY 18 2010 TOWN OF vVAPPINGER TOWN CLERK It is hereby agreed that the captioned numbered Bond is continued in force in the above amount for the period of the continued term stated above and is subject to all the convenants and conditions of said Bond. This continuation shall be deemed a part of the original Bond, and not a new obligation, no matter how long the Bond has been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable. In witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation effective date". NOM INSURANCE COMPANY By: ~ Attorney-in-fact ~\,,\""Il"I1"l ~\\~ ,~Cl! ~'/~ *,"...tI!tv ...."..~ (')-:. ~ ~~;oUNO~~~~ ~~r~v ~\'O\ .... C!J( ..". - ~z 1923 )~.I :: . S ~. I $ ~...... ./;:: ~ ~ ~ ~1i'l~ORIO~ ,\\'~ :l11111U1lI"'\"" This Continuation Certificate needs to be filed with the obligee. No other proof of renewal has been sent to any other party. Direct Bill JUN-22-2009 MON 11:24 AM VERGILIS,STENGER,ROBERTS FAX NO. 8452982842 P. 01/01 VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE \I W APPINGERS FALLS, NEW YOR1t 12590 GBRAIJ) A. VBRGIUSIIi KENNETH M. STENGER AlBERT P. ROBERTS THOMAS R. DAVIS STEPHEN :e. PlAMOND .JOAN F. GARRBrr-4I KJWrNT. MdmRMOTT ANGEL 1. FAT.c6N ANTHONY M. DlWAZIO... JAMBS P. HORAN." USAM. COBB (845) 298.2000 FAX (845) 298-2842 www.vsrp.com e-mail: info@Y.srp.com · ADMl'ITBD TO PRACTICE IN NY "FLA. .. ADMl'I"tm:> TO P!l.ACTICB IN NY & CONN. ,... ADMrrrBrl TO PRACTJCIl IN NY Ir:Nl June 22, 2009 Via Facsimile 298-1478 Hon. John C. Masterscin, Town Clerk Town of Wappinger 20 MiddlebW!h Road . Wappingers Falls, New York 12590 Re: Quick C~ ofWappingers Falls File No. 12949.0556 Dear Chris: OF OOUNSBL: KAREN MacNlSH LEGAl. ASSlST.~: AMY E. DECARLO MAR.1A L. JONES SANDRA A. OAKlEY CLOSING COORDINATOR: SUSAN a CAFFINE POUGHKBEIPSIB OFFICE 276 MAIN MAlI. POUGllK.BBPSlB, NY 12601 (845) 452-1040 NBWBUROR OFFICE 299 N. PI..ANK ROAD, SUITS 106 NEWBURGlI, NY 12550 (845)567-3783 ~1ECI::IVt:D JUN ~' .... 2009 TO~^.,'f\j Ct,=D'\ For reasons unknown. I did not receive Dutchess County Department of Planning and Development's response to the Quick Cash project. Apparently, the applicant is . attempting to open on Sunday. The license should be limited. to Monday through Saturday. The applicant should be so notified that Sunday hours of operation are not permitted. Very truly yours, VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP Cl1. hLt:- +- p. ~ b L L-tA. J C9+CO ALBERT P. ROBERTS APRfso O:\WappingenPlllI\ningBoard\Quick Cuh\061909 letter to Mastcnon.ctoc DICTA TED BUT NOT PROOF REAP BY APR QUICK CASH of WAPPINGER FALLS LLC 2712 E. Tremont Ave. Bronx, NY 10461 Phone: (718) 892 1954 June 29, 2009 Town of Wappinger Office of the Town Clerk - Attn: Christine 20 Middlebush Road Wappingers Falls, NY 12590 Dear Christine: Enclosed please find our Collateral Loan Broker License which you requested that I send to you. Please send the new license to my attention at our corporate address above. Thank you for your service. Sincerely, Joe DeCandido ~ on 0/C;; Oxford Insurance Agency Group, Ltd. 255 Oser Avenue Hauppauge, NY 11788 Phone: 631-434-6666 Fax: 631-434-6993 BOND OS/28/2009 OS/28/2010 Quick Cash of Wappinger Falls LLC 1708 Route 9 Wappingers Falls, NY 12590 Named Insured; Quick Cash of Wappinger Falls LLC 1708 Route 9 Wappingers Falls , NY 12590 Bond: $10,000 Pawnbroker/Jewelry License Bond Bond Number: LSM0122324 Insurance Co: RLI Insurance Co. Effective Date: 5-28-2009 to 5-28-2010 Premium: $200 PAri IN FULL ~~ /Robin Cohen x-267 RLI@ RLI Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 Acknowledgment of Surety STATE OF Illinois COUNTY OF Peoria } ss. On this 28th day of May 2009 , before me, a Notary Public in and for said County, personally appeared Roy C. Die , personally known to me, who being by me duly sworn did say that he/she is the aforesaid Vice President of the RLI Insurance Company of Peoria Illinois , a corporation duly organized and existing under the laws of the State of Illinois , that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be a voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal the day and year last above written. 1/1 /20] 0 f.u..uA.........u..uA.o.......u..uA........~ ~Li~ "OFFICIAL SEAL" - NOTARY - ':l PUBUC ~ JACQUELINE M BOCKLER STATE Of 3 IWNOIS COMMISSION EXPIRES 03/01/]0 TY~~~~yy~~~TTTTTT.~ My Commission Expires: A0007204 RLI@ RLI Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 POWER OF ATTORNEY RLI Insurance Company Bond No. LSM0122324 Know All Men by These Presents: That the RLI Insurance Comoany , a corporation organized and existing under the laws of the State of Illinois , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Roy C. Die in the City of Peoria , State of Illinois , as Vice President , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed One Million and 00/100 Dollars ( $ 1.000.000.00 ) for any single obligation, and specifically for the following described bond. Principal: Quick Cash ofWappingers Falls LLC Obligee: Town of Wappinger (Valid only when a County, City, Town or Village is named as Obligee) Type Bond: Pawnbroker Bond Amount: $ 10,000.00 Effective Date: May 28, 2009 The RLI Insurance Company Resolution adopted by the Board of Directors of further certifies that the following IS a true and exact copy of a RLI Insurance Company , and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporatiol}. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the its Vice President RLI Insurance Company with its corporate seal affixed this 28th has caused these presents to be executed by day of May 2009 Assistant Secretary ,\,\1111111"" :\,'\'\\~NCE dill" .........~~ ........ o~''-'': !~ .... -', ~'~ "'... . . "-'~ "';:I" col\POIl.41"~ '. ~~ :..... : -e- ..~: ~ ~ SEAL j i ; ", .: $ ~"" .............. ,...$ "'",{,l.l.1 N O\~\,\", ""11I1111'''' RLI Insurance Company ATTEST: Vice President On this 28th day of May and Cynthia S Dohm Vice President RLI Insurance Company said corporation. as , 2009 before me, a Notary Public, persona peared Roy C. Die , who being by me duly sworn, acknowledged that they signed the above Power of Attorney and Assistant Secretary , respectively, of the said , and acknowledged said instrument to be the voluntary act and deed of .....~..~&...&...&A. ~ ~L\~ "OFFICIAL SEAL" = NOTARY = ~ s~\i':&' ~ JACQUELINE M. BOCKLER IWNO~ COMMISSION EXPIRES 03/01/10 ..,..,.,....,..,....TT.,,....1'T'fT...TTT.TY.. A0083506 RLI@ RLI Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: (309)692- I 000 Fax: (309)683- I 6 I 0 CONTINUOUS LICENSE AND PERMIT BOND Bond No. LSMOI22324 KNOW ALL MEN BY THESE PRESENTS: That we, Ouick Cash ofWappingers Falls LLC 1708 Route 9 Wappingers Falls NY 12590 as Principal, and the RLI Insurance Company , a corporation duly licensed to do business in the State of New York , as Surety, are held and firmly bound unto the Town ofWappin~er , State of New York Obligee, in the penal sum of Ten Thousand and 00/100 DOLLARS ( $ 10.000.00 ), lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed as a(n) Pawnbroker by the Obligee. NOW, THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all Amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect for a period commencing on the 28th day of May 2009 This bond may be terminated at any time by the Surety upon sending written notice to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at their first known address, and at the expiration of thirty (30) days from the mailing of said notice, or as soon thereafter as permitted by applicable law, whichever is later, this bond shall terminate and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this --2.8.th... day of May 2009 Quick Cash ofWappingers Falls LLC Bar~ #~ (Individual Partner or Corporate Officer) Owner RLI Insurllnce Company ",,,IIUII"I/ ,,"\~NCE e"'", ...,...,'!:J~ ........ O~"'''' I~.... ....~\ 2::;'" coP-PORA 1'~ '. ~ ~ ;tr: -e- ..:.(.; ~ ~ SEAL.J ~ ;. " " S ~', ,'~ ~" ........... ,.$ "'" Ii. L I N 0'':1"", I/I"'''IIIU'''''''' By Roy C. Die Vice President R0060NJ604-30,30 Individual Acknowledgment State of County of On the day of , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and he/she thereupon acknowledged to me that he/she executed the same. Notary Public Partnership Acknowledgment State of County of On the day of , before me personally appeared to me known and known to me to be one of the firm of described in and who executed the foregoing instrument and he/she thereupon acknowledged to me that he/she executed the same as and for the act and deed of said firm. Notary Public Corporate Acknowledgment New York State of County of On the IS t- day of Barbara Buoninfante depose and say that he/she is the 'Jt.t. V\. ~ ?--<..r9 ( , before me personally appeared to me known, who being by me duly sworn, did Owner of the Quick Cash ofWappin~ers Falls LLC the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affix to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he/she signed his/her name thereto by like order. ~ - Notary Public nOREEN CHRISTIE Norary Public. Slale of New York No.Ol CH4930446 Q~8Ii~ed in Bronx County CommIssion Expires May 9. 2o..jD A3103N04 RLI@ RLllnsurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 RLllnsurance Company December 31, 2008 Admitted Assets Investments: Fixed maturities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ Equity securities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short-term investments. . . . . . . . . . . . . . . . . . . . . . . . . Real estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cash on hand and on deposit. . . . . . . . . . . . . . . . . . . . . . . Other invested assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receivables for securites. . . . . . . . . . . . . . . . . . . . . . . . . . Agents' balances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investment income due and accrued . . . . . . . . . . . . . . . . . Funds held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reinsurance recoverable on paid losses . . . . . . . . . . . . . . Federal income taxes receivable . . . . . . . . . . . . . . . . . . . . Net deferred tax asset. . . . . . . . . . . . . . . . . . . . . . . . . . . . Electronic data processing equipment, net of depreciation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receivable from affiliates. . . . . . . . . . . . . . . . . . . . . . . . . . Other admitted assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473,418,131 636,590,162 61,865,001 8,781,991 -5,174,941 o 16,925,208 45,787,561 6,120,428 4,000 6,367,879 o 18,363.143 617,907 4,863,045 4,544,152 Total Admitted Assets. .. . . ...... . . ..... . . ...... . .. $ 1,279,073,667 State of Illinois } County of Peoria Liabilities and Surplus Liabilities: Reserve for unpaid losses and loss adjustment expenses. . . . . . . . . . . . . . . . . . . . . . .. $ Unearned premiums. . . . . . . . . . . . . . . . . . . . . . . . . . Accrued expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . Funds held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advance premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amounts withheld. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ceded reinsurance premium payable . . . . . . . . . . . . . Payable for securities . . . . . . . . . . . . . . . . . . . . . . . . . Statutory penalties . . . . . . . . . . . . . . . . . . . . . . Current federal & foreign income taxes . . . . . . . . . . . . Federal income tax payable. . . . . . . . . . . . . . . . . . . . . Borrowed money and accrued interest Drafts outstandi ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payable to affiliate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351,089,629 148,165,761 46,098,588 608,919 3,785,888 32,095,258 15,421,779 o 838,000 208,160 o o o o 2,720,516 Total Liabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 601,032,498 Surplus: Common stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ Additional paid-in capital ....................... Unassigned surplus. . . . . . . . . . . . . . . . . . . . . . . . . Total Surplus Total Liabilities and Surplus 10,000,375 242,451,084 425,589,710 $ 678,041,169 $ 1,279,073,667 The undersigned, being duly sworn, says: That he is the President of RLllnsurance Company; that said Company is a corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of New York and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2008. Attest: \\\"UIIIII"I, ","\~NCE d"'", ~''!:l~ ....... 04i", ~~.., ....~"::. .:-...... ",'" '" "'J!:~ ::....,.. C,o~POR"'1"~ .. ~~ ;:lr: -e- ~ ;.(,: ~ \ SEAL j g ~ "'., .",'" l ~ "'.. ..'" ~ '''', ........ " "",f, I.. L , N 0 \ ~\"", II"'lItllI'\\\ {corporate} Seal Affixed Sworn to before me this 8th day of March, 2009 ...u.~.u."................................u...\ ;>00.'_'-' "OFFICIAL SEAL;)" ~ =' ~ JACQUELINE M. BOCKlER STATEOf' ILLINOIS COMMI:'$ION eXPIRES 03101110 .."'..,....,......"'"..""'"...,,........... {Notarial } Seal Affixed ~~ Vice President Cynthia S. Dohm Assistant Secretary e.,G Notary Public, State of Illinois M0058309 Oxford Insurance Agency Group, Ltd. 255 Oser Avenue Hauppauge, NY 11788 Phone: 631-434-6666 Fax: 631-434-6993 MEMO Page 1 BOND OS/28/2009 OS/28/2010 Quick Cash of Wappinger Falls LLC 1708 Route 9 Wappingers Falls, NY 12590 Named Insuredi Quick Cash of Wappinger Falls LLC 1708 Route 9 Wappingers Falls 12590 Bond: $10,000 Pawnbroker/Jewelry License Bond Bond Number: 8-48628 Insurance Co: NGM Insurance Co. Effective Date: 5-28-2009 to 5-28-2010 Premium: $200 PA..!JfTj. I INN F FULL ~~ 10bin Coben x-267 ~NGM INSURANCE COMPANY A member of The Main Street America Group POWER OF ATTORNEY S-438628 KNOW ALL MEN BY THESE PRESENTS: That the NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them." does hereby make, constitute and appoint Robin D Cohen its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-438628 dated May 28 , 2009 on behalf of Quick Cash of Wappingers Falls LLC in favor of Town of Wappinger for Ten Thousand and 00/100 Dollars ($ 10 000 00 ) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the d~ly a~thorized officers of the NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of N GM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. V oted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed this I sl day of March, 2007. NOM INSURANCE COMPANY By: 7-'" ~ ~~ / Susan Mack Senior Vice President \\\\,\\OUIIIIII11", ~t-"::~~~ r;/~ ~"..."~~I.l 90:''''~ l~ ",-, (z 1923 ~J ,. Of \ , ~"" tt~ '<t-~ ~lilllllittu""\\\''l; State of Florida, County of Duval On this 1 sl day of March, 2007 before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and qualified, came Susan Mack of the NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article V, Section 2 of the By-Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida this 1st day of March, 2007. ~ G)'PoAo Harrell . ~.: Commission' 00464125 , Expires August 21, 2009 Iff., _T..,'....__... _1'01' I, Brian J Beggs, Vice President of the NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 28 day of May 2009 ~\\"UIUIIlII'/; $e~.fIj'~~ ~"''''* f~OI.l ~\ (~ 1923 ~J \ . I ~~~/"~~ il."~~ 1/lllIlnut\\1\\\'l WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-358-1343. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1206. LICENSE OR PERMIT BOND BOND NO. S-438628 KNOW ALL MEN BY THESE PRESENTS THAT WE, Quick Cash of Wappingers Falls LLC 1708 Route 9 of NGM Insurance ComDanv office at 220 Salina Meadows Pkwy Ste200 are held and firmly bound unto Town of Wappinger Wappingers Falls, NY 12509 as Principal, and , a Florida corporation with its principal Syracuse, NY 13221-4742 , as Surety, in the sum of Ten Thousand and 00/100 Dollars ($ 10,000.00 ), for the payment of which sum, well and truly to be made, we bind ourselves, our personal representatives, successors and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the Principal has obtained, or shall obtain, a license or permit from the Obligee for Pawnbroker/Jewelry Store at 1708 Route 9 Wappinger Falls, NY 12590 May 2009 and ending on the 28th for the term commencing on the 28th day of May 2010 day of NOW, THEREFORE, if Principal shall faithfully observe and comply with all terms of the underlying license or permit,and all Ordinances, Rules and Regulations, and any Amendments thereto, applicable to the obligation of this bond, then this obligation shall become void and of no effect, otherwise to be and remain in full force and virtue. The Surety may, if it shall so elect, cancel this bond by giving thirty (30) days written notice to the Obligee and the bond shall be deemed canceled at the expiration of said period; the Surety remaining liable, however subject to all the terms, conditions and provisions of this bond, for any act or acts covered which may have been committed by the Principal up to the date of such cancellation. PROVIDED, HOWEVER, that this bond may be continued from year to year by certificate executed by the Surety hereon. Regardless of the number of years or terms this bond remains in effect, and regardless of the number and amount of claims that may be made, the maximum aggregate liability of the Surety is limited to the penal sum of the bond. SIGNED, SEALED AND DATED on this 28th day of May 2009 Ouick Cash of Wappingers Falls LLC By ~~~ NGM Insurance Company By ~Jj ~ Robin D Cohen Attorney-in-Fact 68-QQ-0002 FOR PRINCIPAL'S USE ONLY (Use Only One) INDIVIDUAL ACKNOWLEDGEMENT Unless a Corporation STATE OF ss: COUNTY OF On this day of , before me personally came to me known and known to me to be the person mentioned and described in and who executed the foregoing instrument and daily acknowledged to me the execution of the same. Notary Public CORPORATE ACKNOWLEDGEMENT /Vi ~~'( s-J-.:: On this J day of ~ -- . j-JO" , before me personally came ~ r b~i'\A e,,,,;:) n I n f":"',1~ to me known, who, being by me duly sworn, did dispose and say that he/she resides in f.d"tOtY\f\. . to! "1. lotO.3 that he/she is the M'~"~r1 j ~b.M l~wlletL of the Q UIOC Ca ItI eY.s 'Fa J(,$ Uc. , the corporation described in and which exe u ed e above instruments; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that helshe signed his/her name thereto by like Order-?___ \. ~ Notary Public STATE OF ss: COUNTY OF b fS- esPla...nade I SURETY ACKNOWLEDGEMENT DOREEN CHRISTIE Notaty Public, State of t.lew York NO.01 CI14930446 Qualified in Bronx County 0 Commission Expires May 9. 20-J. FOR SURETY USE ONLY STATE OF ss: COUNTY OF day of . before me personally came On this to me known, who being by me duly sworn, did depose and say that he/she resides in County, that he/she is the Attorney-in-fact of NGM Corporation, and the corporation described in and which executed the above instruments; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by other of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public 58-NY -M004 S-438628 ~ THE M.AIN STREET AMERICA GROUP NGM Insurance Company. Old Dominion Insurance Company Main Street America Assurance Company. MSA Insurance Company Information Systems and Services Corporation I certify that at the Annual Meeting of the Directors of the NGM Insurance Company duly called and held at Jacksonville, Florida on March 14,2008, the following officers were elected and still remain in office: THOMAS M. VAN BERKEL..............CHAIRMAN OF THE BOARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER EDWARD J. KUHL ............................EXECUTIVE VICE PRESIDENT, CHIEF FINANCIAL OFFICER & TREASURER WILLIAM ANDERSON, DOUGLAS EDEN ANTONIA M. PORTERFIELD........................................................................................... SENIOR VICE PRESIDENTS SUSAN MACK ..........................................SENIOR VICE PRESIDENT, GENERAL COUNSEL & SECRETARY BRIAN J. BEGGS, JOHN THOMPSON, MICHAEL LANCASHIRE, GEOFFREY S. MOLINA, BARBARA A. PARKER, HENRY J. PIPPINS.........................................VICE PRESIDENTS JOEL GELB .............................................................................VICE PRESIDENT & CHIEF INFORMATION OFFICER EDWARD P. LOTKOWSKI................................................................... VICE PRESIDENT & CORPORATE ACTUARY MARLIN J. CRAWFORD, DAVID S. MEDVIDOFSKY, GREGG EFFNER SHARON PETRELL DEBRA POSPIEL, RICHARD SCHULTZ, KEVIN SMICK, , DENNIS B. UHLER .........................................................................ASSISTANT VICE PRESIDENTS TIMOTHY O. MUZZEY, DEAN DORMAN .................................................. ASSISTANT VICE PRESIDENT/ACTUARY WILLIAM GARVEY, MICHAEL GROGAN, DEBORAH JANSEN, BRUCE FOX CATHERINE PARRISH, ROY VIANDS, TIMOTHY COTTON ..........................................ASSISTANT SECRETARIES THOMAS FRAZiER............................................................................................................. . ASSISTANT TREASURER RESIDENT VICE PRESIDENTS (Appointed) MARK BERGER ............................................................................................VICE PRESIDENT, SYRACUSE REGION STEVE BERRy........................................................................................VICE PRESIDENT,NEW ENGLAND REGION I further certify that the following statement of the Company is true as take from the records of said Company as of December 31, 2007. ADMITTED ASSETS Bonds at Amortized Values ...................... $ 966,032,471 Stocks at Market Value................................ 483,151,940 First Mortgage Loans ...................................... 1,694,330 Real Estate...................................................... 5,425,033 Cash in Office and Banks ............................... (4,850,552) Short Term Investments ................................ 39,526,450 Agent's Balance (Less than 90 Days) .........236,237,624 Accrued Interest .............................................. 9,134,099 Other Assets.................................................. 80,762,522 TOTAL ADMITTED ASSETS.............. $1,817,113,917 LIABILITIES Reserve for Losses ............................................. $ 534,743,165 Reserve for Loss Adjustment Expenses ..................99,572,720 Reserve for Unearned Premiums........................... 417,283,967 Reserve for Other Underwriting Expenses...... .........42,108,715 Reserve for Taxes, Licenses, and Fees ...................13,611,173 Loss Drafts in Transit............................................... 17,190,714 Other Liabilities .......................................................73,035,648 Total Liabilities ....................................................1,197,546,102 Policyholders' Surplus ............................................ 619,567,815 TOTAL........................................................... $1,817,113,917 Securities as deposited by law, included above = $ 8,258,593 I further certify that the following is true and exact excerpt from Article IV, Section 2 of the By-Laws of NGM Insurance Company which is still valid and existing. "The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them." Subscribed and Sworn to IN WITNESS THEREOF, before me on this 17th day I hereunto subscribe my of March, 2008 name and affix the seal of Q) said company this 17th day ~ fJ ~n;,e:ID004125 of March, 2008 j ',..: ~~~~1~1' ~ ~\\'\lUUlffllllll. l~8~' 0 ~~ ill; ~'" \ ~I 1923 -<I 'e. ~ ~ I ~,f.t0Rl0" ",~ 1I1I1Jmunl'\\\\" My Commission Expires 68.1191 (3/08) DATE: FROM: TO: ATTN: FAX #: QUICK CASH of WAPPINGER FALLS LLC 2712 E. Tremont Ave. Bronx, NY 10461 Phone: (718) 892 1954 COVER PAGE June .!L, 2009 Joe DeCandido Town of Wappinger Chris Masterson 845 298 1478 PHONE: 845 297 5771 Re: Collateral Loan Broker License . . Chris, Enclosed please find: - two sets of fingerprint cards for Barbara Buoninfante for you to obtain her criminal history record - two - $10,000 Bonds for the Town Please notify me when the history record is obtained. Thanks again for your help. Joe DeCandido Cell: (914) 227 8287 PERSONAL IDENTIFICATION INDUSTRIAL NAME CLASS. F.B.I. No NO. BC.I. No. .... _-=~~c , . k b ,po ~:~"-- mpress10ns ta en Y .,,- _c - ~ 1. Ri ht Thumb .- --- 6. Left Thumb 7. L. Fore Fin er -' LEFT HAND Plain Impressions Taken Simultaneously LEFT HAND - Four Fingers REF. -= : ~ I .:'., '::-)-~ Date R'GHl HAND 3. R. Middle Fin er BY -- 4. R. Rin Fin er 5. R. Little Fin er LEFT HAND 8. L. Middle Fin er -- L. Thumb R. Thumb iil~,; _.~---------- ----------- 9 L. Rin Fin er -- i 0 L Little Fin er PLEASE DO NOT FOLD THIS CARD RIGHT HAND Plain Impressions Taken Simultaneous RIGHT HAND - Four Fingers FC3: PERSONAL IDENTIFICATION INDUSTRIAL NAME CLASS. NO. Impressions taken by ,.. p. 1. Ri ht Thumb 6. Left Thumb REF. F.B.\. No. B.C.\. No. ~ --.-,-, ..~.~ ---:~. ,.'" _,___ .J ,,,..--.. ~.., = RIGHT HAND = 3. R. Middle Fin er 2. R Fore Fin er --- LEFT HAND Plain Impressions Taken Simu!taneously LEFT HAND - Four Fingers Date LEFT HAND 8. L. Middle Fin er -- L Thumb R. Thumb BY 4. R Rin Fin er -----------_._'--~.- 9 L. Rin Fin er 5. R Little Fin er -_._."-----~--- 10. L Little Fin er RIGHT HAND Plain Impressions Taken Simultaneous RIGHT HAND - Four Fingers FINGER PRINT LABOlIA TORIES J!IZ2 U.s.A. _1."1711.31201....' 51.11310 PLEASE DO NOT FOLD THIS CAFW FC3: COUNTY OF DUTCHESS LICENSE #00186 William R. Steinhaus, County Executive Nelson Kranker, Director Dutchess County Department of Consumer Affairs Precious Metal Exchange Establishment Owner: Barbara Buoninfante Lessee: Barbara Buoninfante DBA: Quick Cash ofWappingers Falls, LLC, 1708 Route 9, Wappingers Falls, NY ]2590 is granted permission to operate said establishment in accordance and compliance with existing laws and with Dutchess County Law No.8 of ] 987. This license expires nn May 8, 201 ,;nd mB/ J"~ fnr "7 ,~/~ This Hcen is valid for the p riod 0 05/08/09 to 05/08/1 ] Nelson Kranker, Director, Issuing Officer THIS LICENSE TO BE POSTED CONSPICUOUSLY May. 22. 2009 8:11AM DC Consumer Affairs No.2751 P. 2 .. ~..,':' ~ """', 'c,' ,,,,,I, ~--,A ~ D"W1-tcheliJliI Cc>~-ty Adrians~~ She:rKr. O:E~ice 150 North Hamilton Street1 Poughkeepsie, NY 12601 Khk A lmperati Undemhedff '" 'f GeoIge V.krona Jr. Corrections Administrator . MaIn (M5) 486-3800 Fax t1MS) 4S2-29lf1 TIm (8&S) 486-3888 April 22, 2009 DC Dept. of Consumer Affairs 98 Peach Rd Poughkeepsie, NY 12603 RE: Precious Metals Applicant BARBARA BUONNFANTE Dear Holly, In reference to the application of Barbara A. Buoninfante, be advised the fingerprints have cleared through the Department of Criminal Justice Services. There are no arrests that would disqualify the applicant. The files of the Dutchess COlmty Sheriff s Office do not reflect an arrest record that would disqualify the applicant or any information that would disqualify the applicant. AHAlfjl , "~AB:rllTG.P.RL.:D.Br..lV..D~..co~ ;; 98 Peach Road Pougtllccepsie New York 1260] (84S) 4i6-2949 Fax (845) 486-2941 crmtlo~of>~~'VlB Mav.22.2009 8:11AM DC Consumer Affairs No.2751 P. 1 . :=:-= Dutcbess William R. Sad.haul County ~Ulive Nclson Kra.ker Director DATE: g -- :J. ;l - D~. f'J") r'?- f )~ . ./ I; " " ,jUt' 1_:J -9tc-r.LlS-1J7r~t~ON I %tt5 - ~9 'if' -/47 r;-- ~'-f~ - ~e'j g - tY'" 5" 77 ( John J. Matask / Assistant Director '/ // FAX#: ?OWN .O(! t.JAff(J!J~l!e.. rcw,o CLUJ: PHONE #: FROM: -- ~OHN /Y\~/1+<5k. FAX#: PHONE #: _ 34<; ~ '1'6-~ ~ ;1'1"1./9 NUMBER OF PAGES TO FOLLOW: ACTION TO BE TAKEN: Deliver immediately: As requested: For your information: Please approve & call: -L ~ OTHER ACTION TO BE T AKl1N: :J....,." (() R.IM. ,.,.. 1/ ,.., ~\ ~ ~ P.a w.7iU a r;!. c [.LIZ R. L, c.r'l..us ~ ;:::'i). Ie: ~~II2RI').R..jQ lsu. 0....) I AJ P,4l()ifL. J?LPf.IA~ Pi! r:!...e ..dn.c:t ..,1 cS6.f tJ)f"l ~IV~ , ci c!) . I"H147 .7'Otl.. @ClfltJ4D 7illL rNhf'L,....I4!1 ()~ i:(1'f"',;J.,). 7 - l/;J.fj7 Sending Confirm Date MAY-22-2009 FRI 08:10AM Name TOWN CLERK Tel. (845)298-1478 --------------------------------------------------------------------------- Phone Pages Start Time Elapsed Time Mode Result 2982842 2 05-22 08:09AM 00'41" ECM Ok --------------------------------------------------------------------------- 06/02/2009 12:57 718892968787 LB NORTHEAST PAGE 01/03 QUICK CASH of WAPPINGER FALLS LLC 1708 Route 9 Wappingers Falls, New York 12590 Temporary Phone: (914) 227 8287 FAX COVER PAGE DATE: June 2~ 2009 FROM: Joe DeCandido TO: Town of Wappinger ATTN: Chris Masterson FAX #: 845 297 0579 PHONE: 845 297 5771 # PAGES: 3 (including Cover Page) Chris, Last night at the Public Hearing, the Planning Eloard adopted the resolution granting us a Special Use Permit. The last thing we need In order to open is a Collateral Loan Broker license issued by your (]Iffice. You have the License Application which I droppE.d off along with the Application Fee. For good order sake, Barbara Buoninfante, Sole Member, is again gtttting fingerprinted and I will provide you the two se.ts of cards, no later than the end of this week. Once your office sends in the cards, turnaround is us,ually about 3 weeks. As you know from our previous correspondencE~, the Dutchess County Sheriff's office recently obtairlled a criminal history record on Barbara for Dutchess County Consumer Affairs. Consumer A1ffairs subsequently issued Barbara a Precious Mletals License and they sent you a copy of the letter they 06/02/2009 12:57 718892968787 LB NORTHEAST PAGE 02/03 received from the sheriff which stated that therle was nothing in her background which should prohibit her from being issued a license. In order that we may begin to operate our bush'less, I respectfully ask if you could either: 1. send a letter to the sheriff (I've enclo!;ed a DRAFT for your review) requesting a copy .of the criminal background history they have, OR 2. grant us a temporary license pendlnll the outcome of the check which you will initiate when I provide you with the two sets of fingerprint cards this week. Your consideration is greatly appreciated. Sincerely, Joe DeCandido Cell: (914) 227 8287 PS I have for you the requisite 2 - $10,000 performance bonds which will be delivered tc~ you along with the two sets of fingerprint cards 06/02/2009 12:57 718892968787 LB NORTHEAST PAGE 03/03 DRAFT Town of Wappinger Office of the Town Clerk 20 Middlebush Road Wappingers Falls, NY 12590 Phone: (845) 297 5771 Fax: 845 297 0579 June 1, 2009 Dutchess County Sherriff's Office Attn: Detective Letizia 150 N. Hamilton Street Poughkeepsie. NY 12601 Dear Detective Letizia: Re: Barbara Buoninfante - Collateral Loan Broker License Barbara Buoninfante has applied for a Collateral Loan Broker licen~se from our office. We require that all applicants provide two sets of fin~gerprint cards prepared by your office, State Police or other entity approved by my office. Additionally, the applicant is required to consent in writing to authorize the Town to make a request for the applicant's criminal history record from the New York State Division of Criminal Justice Services (DCJS) or approved private company. I understand that your office recently did fingerprinting and obt~lined a criminal background check on Barbara Buoninfante for Dutchess County Consumer Affairs. Once your office received the results, your OffiCE~ sent a letter to the Department of Consumer Affairs which stated that thE~re was nothing that should prohibit Barbara Buoninfante from being issued a Precious Metals License. Would you be so kind as to provide my office with a copy of the lcriminal history record which you recently obtained from the New Yorl< State Division of Criminal Justice Services (DCJS) so that we can process Barbara Buoninfante's application? Thank you for your consideration. Sincerely, Chis Masterson - Town Clerk 06/02/2009 13:10 718892968787 LB NORTHEAST PAGE 01/03 DATE: FROM: TO: ATTN: FAX #: QUICK CASH of WAPPINGER FALLS LLC 1708 Route 9 Wappingers Falls, New York 12590 Temporary Phone: (914) 227 8287 FAX COVER PAGE June 2, 2009 Joe DeCandido Town of Wappinger Chris Masterson 845 298 1478 PHONE: 845 297 5771 ~-\ECE\\IEU JUN 0 ~ 2009 -.""MI!\\ r! r::r' # PAGES: 3 (including Cover Page) Ch ris, Last night at the Public Hearing, the Planning I~oard adopted the resolution granting us a Special Use Permit. The last thing we need in order to opeln is a Collateral Loan Broker license issued by your ()ffice. You have the License Application which I dropped off along with the Application Fee. For good order sake, Barbara Buoninfante, Sole Member, is again getting fingerprinted and I will provide you the two sets of cards, no later than the end of this week.. Once your office sends in the cards, turnaround is usually about 3 weeks_ As you know from our previous correspondence, the Dutchess County Sheriff's office recently obtailned a criminal history record on Barbara for Out.chess County Consumer Affairs. Consumer Affairs s.ubsequently issued Barbara a Precious Jlletals License and they sent you a copy of the letter they 05/02/2009 13:10 718892968787 LB NORTHEAST PAGE 02/03 received from the sheriff which stated that there was nothing in her background which should prohibit her from being issued a license. In order that we may begin to operate our business, I respectfully ask if you could either: 1. send a letter to the sheriff (I've enclosed a DRAFT for your review) requesting a copy ,of the criminal background history they have, OR 2. grant us a temporary license pendinSI the outcome of the check which you will initiate when I provide you with the two sets of fingerprint cards this week. Your consideration is greatly appreciated. Sincerely, Joe DeCandido Cell: (914) 227 8287 PS I have for you the requisite 2 - $10,000 performance bonds which will be delivered to you along with the two sets of fingerprint cards ""~CE'VEU {'t\::: jUN 0 ~ 2009 -'0""",'1\11\1 (" '-::",' 136/132/213139 13:10 718892968787 LB NORTHEAST PAGE 133/133 DRAFT Town of Wappinger Office of the Town Clerk 20 Middlebush Road Wappingers Falls, NY 12590 Phone: (845) 297 5711 Fax: 845 297 0579 June 2, 2009 Dutchess County Sherrifrs Office Attn: Detective Letizia 150 N. Hamilton Street Poughkeepsie, NY 12601 Dear Detective L.etizia: Re: Barbara Buoninfante - Collateral Loan Broker License Barbara Buoninfante has applied for a Collateral Loan Broker license from our office. We require that all applicants provide two sets of fingerprint cards prepared by your office, State Police or other entity approvt9d by my office. The applicant has consented to authorize the Town to make a request for her criminal history record from the New York State Division of Criminal Justice Services (DCJS). -'_.WCE\VE\J f,\ \:. it!N \1 ~ 2009 _0,",' ~.I"'\ r' r;:r 1 understand that your office recently did fingerprinting and obtained a criminal background check on Barbara Buoninfante for Dutchess County Consumer Affairs. Once your office received the results, your office sent a letter to the Consumer Affairs which stated that there was nothing that should prohibit Barbara Buoninfante from being issued a Precious Metals License. Consumer Affairs was kind enough to provide my office with a copy of the letter. While Barbara Buoninfante has started the process of providing my office with new fingerprint cards so that we can have another criminal background check performed for good order sake, would you be so kind as to provide my office with a copy of the criminal history record which you recently obtained from the New York State Division of Criminal JustIce Services (DCJS) so that we can process Barbara Buoninfante's application? Thank you for your consideration.. Sincerely, Chis Masterson - Town Clerk OS/21/2009 10:24 718892968787 LB NORTHEAST PAGE 01/01 COUNTY OF DUTCHESS LICENSE #00186 William R. Steinhaus, County Executive Nelson Kranker, Director Dutchess Count)" Department of C.onsumer Affairs Precious Metal Exchange Establishment Owner: Bat'bara Buoninfal1te Lessee: Barbara Buoninfante . DBA: Quick Cash ofWappingers Falls, LLC, 1708 Route 9, Wappingers Fan~ NY J2590 is granted pellnission to operate said establishment in accordance and Compliance with existing laws and with Dutchess County Law No.8 of 1987. '" This Iicen.. """ires on May 8, 20 II, and may be voj<ed for eo.... ) /) .J~ -",/ / / This lieen is valid for the . fiad 05108/09 to 05/08111 Nelson Kranker, Director, IsSUing Officer THIS LICENSE TO BE POSTED CONSPICUOUSLY Qrnunerc8tl ~~s~ A2reemeJ!t THIS J...EASE (this Ilte.Sen) d:lt.ted tbiS.L::.. d..y of /Ill'1-rc,j , ;;H:JO( BETWEEN: M8V R_1t)" LLC ~ 1798 rt 9 W.ppi..fPS FaDs, NY US90 Telephone; 845 264--0087 Fax: 845 23()'6629 (the "tandlord") OF TIre FIR8T PART .AND. Qufc~ Cull on.VappingeMl FaDs LLC of~7U E. 'l'rehlOdt Ave. Bronl NY 10461 Telephone: 914227.8287 Fax: (the "Tena.nt.") OF nIB SECOND PART , >, IN CONSJDERA nON or the l.andlord leuin8 certain premises to the Tenant, the Te1Wl1 leasing those premises-from the Landlord and the mut1Jal benefits and obJ~18t:ions set forth in this Lease. the receipt and suffic.iency of which consideration is hereby acknowledged. the patties: to this L.ease agree as follows: Basio Terms . 1. The following basic tenn" are hereby approved by the parties and each reference in tbi$ Lease to any of the' basic terms win be construed to include the pt'O\'isiQDS set forth below as well as all of the additional terms and conditions of the applicable soetions ofthi~ Lease where such basic tettrts are more fully set forth: a Landlord; MHV Rt'.:4lty LLC b. Address ofLandlol'd: 1708 n 9 Wappingers Falls, NY 12590 c. Tenant; Quick Ca~1 ofWappingers Palls LLC d. Address ofTenal1t: 2712 E. Tremont Ave. Bronx NY 10461 e. Operating Name: bfTenant: Quick Cash f. Term of Lease: The. term of the Lease is for 5 years to commence at 12:00 noon on March 1., 2009. g. Commencement D;ue of Lease: March lp 2009 h. Base Rent: $2,060.17 per month 1. Permitted Use of.:()J.Y.:m1se$: Finanoial ~i.~s such 8!1 moneYoM6o,b!ll ,II paymtmt,check cashing,Qell pbones, lottery tiekets;phone catds1 i!4/!ffiM( IMNd,f!ro . j. Advance rent: FiiS'~ ~l.nd last montb's rent ,9fIrl..rltl h)'lff} . )(. SeeurltylDamage Deposit: $2,000.00 ;, ;i). Dqf~tiODS . (, ~ ; -l ;-'1 < ' . , ~ I 2. When used in this Lease, the following expressions will have the meanings indicated: a. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease; b. "Building" means the Lands together with all buildings, improvements, equipment, fixtures, property and facilities from time to time thereon, as from time to time altered, expanded or reduced by the Landlord in its sole discretion; c. "Common Areas and Facilities" mean: i. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and 11. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities; d. "Lands" means the land legally described as: a portion of a building consisting of roughly 1300 sq. ft. . e. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements; f. "Premises" means the store at 1708 rt 9 Wappingers Falls NY 12590; Leased Premises 3. The Landlord agrees to rent to the Tenant the Premises for only the permitted use (the "Permitted Use") of a Financial services such as money orders, bill payment, check cashing,cell phones, lottery tickets,phone cards. Neither the Premises nor any part of the Premises will be used at any time during the term of this Lease by Tenant for any purpose other than the Permitted Use. 4. Subject to the provisions of this Lease, the Tenant is entitled to the use of parking (the 'Parking') on or about the Premises. Only properly insured motor vehicles may be parked in the Tenant's space. 5. The Landlord reserves the right in its reasonable discretion to alter, reconstruct, expand, withdraw from or add to the Building from time to time. In the exercise of those rights, the Landlord undertakes to use reasonable efforts to minimize any interference with the visibility of the Premises and to use reasonable efforts to ensure that direct entrance to and exit from the Premises is maintained. 6. The Landlord reserves the right for itself and for all persons authorized by it, to erect, use and maintain wiring, mains, pipes and conduits and other means of distributing services in and through the Premises, and at all reasonable times to enter upon the Premises for the purpose of installation, maintenance or repair, and such entry will not be an interference with the Tenant's possession under this Lease. 7. The Landlord reserves the right, when necessary by reason of accident or in order to make repairs, alterations or improvements relating to the Premises or to other portions of the Building to cause temporary obstruction to the Common Areas and Facilities as reasonably necessary and to interrupt or suspend the supply of electricity, water and other services to the Premises until the repairs, alterations or improvements have been completed. There will be no abatement in rent because of such obstruction, interruption or suspension provided that the repairs, alterations or improvements are made expeditiously as is reasonably possible. 8. Subject to this Lease, the Tenant and its employees, customers and invitees will have the non-exclusive right to use for their proper and intended purposes, during business hours in common with all others entitled thereto those parts of the Common Areas and Facilities from time to time permitted by the Landlord. The Common Areas and Facilities and the Building will at all times be subject to the exclusive control and management of the Landlord. The Landlord will operate and maintain the Common Areas and Facilities and the Building in such manner as the Landlord determines from time to time. Term 9. The term of the Lease is for 5 years to commence at 12:00 noon on March 1, 2009. 10. Notwithstanding that the term of this Lease commences on March 1,2009, the Tenant is entitled to possession of the Premises at 12:00 noon on February 1, 2009. ~ 11. Subject to the provisions of this Lease, the Tenant will pay a base rent (the "Base Rent") of $2,060.17 per month for the Premises, which includes a monthly charge for the Parking (collectively the "Base Rent"). In addition to the Base Rent, the Tenant will pay the following taxes to the Landlord: Real Estate Taxes- $2.51 sq ft, . 12. The Tenant will pay the Base Rent on or before the first of each and every month of the term of this Lease to the Landlord at 1708 Rt 9 Wappingers Falls NY 12590, or at such other place as the Landlord may later designate. 13. The Base Rent for the Premises will increase over the Term of the Lease as follows: 3 % base rent and applicable Real Estate tax and maintenance increases.. 14. The Tenant will be charged an additional amount of5% after 10 days of the Rent for any late payment of Rent. 15. In the event that this Lease commences, expires or is terminated before the end of the period for which any item of Additional Rent or Base Rent would otherwise be payable or other than at the commencement or end of a calendar month, such amounts payable by the Tenant will be apportioned and adjusted pro rata on the basis of a thirty (30) day month in order to calculate the amount payable for such irregular period. Use and Occupation 16. The Tenant will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever. The Tenant will carry on business under the name of Quick Cash and will not change such name without the prior written consent of the Landlord, such consent not to be unreasonably withheld. The Tenant will open the whole of the Premises for business to the public fully fixtured, stocked and staffed on the date of commencement of the term and throughout the term, will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time by the Landlord. 17. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, provincial, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them. Advance Rent and Security Deposit 18. On execution of this Lease, The Tenant will pay the Landlord advance rent (the "Advance Rent") to be held by the Landlord without interest and to be applied on account of the first and last installments of Base Rent as they fall due and to be held to the extent not so applied as security for and which may be applied by the Landlord to the perfonnance of the covenants and obligations of the Tenant under this Lease. 19. On execution of this Lease, The Tenant will pay the Landlord a security deposit equal to the amount of $2,000.00 (the "Security Deposit") to be held by the Landlord without interest. The Landlord will return the Security Deposit to the Tenant at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear. 20. The Tenant may not use the Security Deposit as payment for the Rent. Ouiet Eniovment 21. The Landlord covenants that on paying the Rent and perfonning the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed tenn. Default 22. If the Tenant is in default in the payment of any money, whether hereby expressly reserved or deemed as rent, or any part of the rent, and such default continues following any specific due date on which the Tenant is to make such payment, or in the absence of such specific due date, for the 3 days following written notice by the Landlord requiring the Tenant to pay the same then, at the option of the Landlord, this Lease may be tenninated upon 3 days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any fonn of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its fonner state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 23. Unless otherwise provided for in this Lease, if the Tenant does not observe, perfonn and keep each and every of the non-monetary covenants, agreements, stipulations, obligations, conditions and other provisions of this Lease to be observed, perfonned and kept by the Tenant and persists in such default, after 10 days following written notice from the Landlord requiring that the Tenant remedy, correct or comply or, in the case of such default which would reasonably require more than 10 days to rectify, unless the Tenant will commence rectification within the said 10 days notice period and thereafter promptly and diligently and continuously proceed with the rectification of any such defaults then, at the option of the Landlord, this Lease may be terminated upon 10 days notice and the term will then immediately become forfeited and void, and the Landlord may without further notice or any fonn of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its fonner state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 24. If and whenever: a. the Tenant's leasehold interest hereunder, or any goods, chattels or equipment of the Tenant located in the Premises will be taken or seized in execution or attachment, or if any writ of execution will issue against the Tenant or the Tenant will become insolvent or commit an act of bankruptcy or become bankrupt or take the benefit of any legislation that may be in force for bankrupt or insolvent debtor or become involved in voluntary or involuntary winding up, dissolution or liquidation proceedings, or if a receiver will be appointed for the affairs, business, property or revenues of the Tenant; or b. the Tenant fails to commence, diligently pursue and complete the Tenant's work to be performed under any agreement to lease pertaining to the Premises or vacate or abandon the Premises, or fail or cease to operate or otherwise cease to conduct business from the Premises, or use or permit or suffer the use of the Premises for any purpose other than as permitted in this clause, or make a bulk sale of its goods and assets which has not been consented to by the Landlord, or move or commence, attempt or threaten to move its goods, chattels and equipment out of the Premises other than in the routine course of its business; or then, and in each such case, at the option of the Landlord, this Lease may be terminated without notice and the term will then immediately become forfeited and void, and the Landlord may without notice or any form of legal process immediately reenter the Premises or any part of the Premises and in the name of the whole repossess and enjoy the same as of its former state anything contained in this Lease or in any statute or law to the contrary notwithstanding. 25. In the event that the Landlord has terminated the Lease pursuant to this section, on the expiration of the time fixed in the notice, if any, this Lease and the right, title, and interest of the Tenant under this Lease will terminate in the same manner and with the same force and effect, except as to the Tenant's liability, as if the date fixed in the notice of cancellation and termination were the end of the Lease. Distress 26. If and whenever the Tenant is in default in payment of any money, whether hereby expressly reserved or deemed as rent, or any part of the rent, the Landlord may, without notice or any form of legal process, enter upon the Premises and seize, remove and sell the Tenant's goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress. Overholdine: 27. If the Tenant continues to occupy the Premises with the written consent of the Landlord after the expiration or other termination of the term, then, without any further written agreement, the Tenant will be a month-to-month tenant at a minimum monthly rental equal to twice the Base Rent and subject always to all of the other provisions of this Lease insofar as the same are applicable to a month-to- month tenancy and a tenancy from year to year will not be created by implication of law. 28. If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at wI1I and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Additional Ril!hts on Reentry 29. If the Landlord reenters the Premises or terminates this Lease, then: a. notwithstanding any such termination or the term thereby becoming forfeited and void, the provisions of this Lease relating to the consequences of tennination win survive; b. the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions, proceedings, claims and demands whatsoever for and in respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon; c. the Landlord may expel and remove, forcibly, if necessary, the Tenant, those claiming under the Tenant and their effects, as allowed by law, without being taken or deemed to be guilty of any manner of trespass; d. in the event that the Landlord has removed the property of the Tenant, the Landlord may store such property in a public warehouse or at a place selected by the Landlord, at the expense of the Tenant. If the Landlord feels that it is not worth storing such property given its value and the cost to store it, then the Landlord may dispose of such property in its sole discretion and use such funds, ifany, towards any indebtedness of the Tenant to the Landlord. The Landlord will not be responsible to the Tenant for the disposal of such property other than to provide any balance of the proceeds to the Tenant after paying any storage costs and any amounts owed by the Tenant to the Landlord; e. the Landlord may relet the Premises or any part of the Premises for a term or terms which may be less or greater than the balance of the term of this Lease remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to the Premises; and f. after reentry, the Landlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant, and, if necessary to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant, including inventory, trade fixtures, and furnishings, and use them in the business without compensating the Tenant; g. after reentry, the Landlord may terminate the Lease on giving 5 days written notice of termination to the Tenant. Without this notice, reentry of the Premises by the Landlord or its agents will not terminate this Lease; h. the Tenant will pay to the Landlord on demand: i. all rent, Additional Rent and other amounts payable under this Lease up to the time of reentry or termination, whichever is later; 11. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering, terminating, reletting, collecting sums due or payable by the Tenant, realizing upon assets seized; including without limitation, brokerage, fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order, repairing the same and preparing them for reletting; and iii. as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the term had it not been terminated, at the option of the Landlord, either: i. an amount determined by reducing to present worth at an assumed interest rate of twelve percent (12%) per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the term, such determination to be made by the Landlord, who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or 11. an amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months. Inspections 30. The Landlord and the Tenant will complete, sign and date an inspection report at the beginning and at the end of this tenancy. 31. At all reasonable times during the Term of this Lease and any renewal of this Lease, the Landlord and its agents may enter the Premises to make inspections or repairs, or to show the Premises to prospective tenants or purchasers. Renewal of Lease 32. Upon giving written notice no later than 60 days before the expiration of the term of this Lease, the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for this renewal clause. Sie:nine: Incentives 33. The Landlord will give, make or perform the following signing incentiv.es~g~ month fre~ rent to start February 2009 than the next 6 months rent-to-be$2?00') gross startmg March 1 2009 than the next 6 months to be $2250 gr~ .. September 1 2009. . Tenant ImDrovements 34. The Tenant will obtain written permission from the Landlord before doing any of the following: a. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall; b. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Premises; c. removing or adding walls, or performing any structural alterations; d. installing a waterbed(s); e. changing the amount of heat or power normally used on the Premises as well as installing additional electrical wiring or heating units; f. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose; or g. affixing to or erecting upon or near the Premises any radio or TV antenna or tower. Utilities and Other Chare:es 35. The Tenant is responsible for the payment of the following utilities and other charges in relation to the Premises: electricity, natural gas, water, sewer, telephone, Internet and cable. The Tenant will also pay for the following: Maintenance- $1.05 sq ft, Insurance- .50 cents per sq ft first year to begin March 1 2009. Sie:ns 36. The Tenant may erect, install and maintain a sign of a kind and size in a location, all in accordance with the Landlord's design criteria for the Building and as first approved in writing by the Landlord. All other signs, as well as the advertising practices of the Tenant, will comply with all applicable rules and regulations of the Landlord. The Tenant will not erect, install or maintain any sign other than in accordance with this section. Tenant's Insurance such reletting including any alterations and improvements to the Premises; and f. after reentry, the Landlord may procure the appointment of a receiver to take possession and collect rents and profits of the business of the Tenant, and, if necessary to collect the rents and profits the receiver may carry on the business of the Tenant and take possession of the personal property used in the business of the Tenant, including inventory, trade fixtures, and furnishings, and use them in the business without compensating the Tenant; g. after reentry, the Landlord may terminate the Lease on giving 5 days written notice of termination to the Tenant. Without this notice, reentry of the Premises by the Landlord or its agents will not terminate this Lease; h. the Tenant will pay to the Landlord on demand: i. all rent, Additional Rent and other amounts payable under this Lease up to the time of reentry or termination, whichever is later; ll. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering, terminating, reletting, collecting sums due or payable by the Tenant, realizing upon assets seized; including without limitation, brokerage, fees and expenses and legal fees and disbursements and the expenses of keeping the Premises in good order, repairing the same and preparing them for reletting; and lU. as liquidated damages for the loss of rent and other income of the Landlord expected to be derived from this Lease during the period which would have constituted the unexpired portion of the term had it not been terminated, at the option of the Landlord, either: i. an amount determined by reducing to present worth at an assumed interest rate of twelve percent (12%) per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion of the term, such determination to be made by the Land1or~ who may make reasonable estimates of when any such other amounts would have become payable and may make such other assumptions of the facts as may be reasonable in the circumstances; or ll. an amount equal to the Base Rent and estimated Additional Rent for a period of six (6) months. Inspections 30. The Landlord and the Tenant will complete, sign and date an inspection report at the beginning and at the end of this tenancy. 31. At all reasonable times during the Term of this Lease and any renewal of this Lease, the Landlord and its agents may enter the Premises to make inspections or repairs, or to show the Premises to prospective tenants or purchasers. 37. The Tenant will, during the whole of the term and during such other time as the Tenant occupies the Premises, take out and maintain the following insurance, at the Tenant's sole expense, in such form as used by solvent insurance companies in the State of New York: a. Comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use or occupation of the Premises, or the Tenant's business on or about the Premises; such insurance to be in the joint name of the Tenant and the Landlord so as to indemnify and protect both the Tenant and the Landlord and to contain a "cross liability" and "severability of interestlt clause so that the Landlord and the Tenant may be insured in the same manner and to the same extent as if individual policies had been issued to each, and will be for the amount of not less than $1,000,000.00 combined single limit or such other amount as may be reasonably required by the Landlord from time to time; such comprehensive general liability insurance will for the Tenant's benefit only include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease. b. All risks insurance upon its merchandise, stock-in-trade, furniture, fixtures and improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, and insurance upon all glass and plate glass in the Premises against breakage and damage from any cause, all in an amount equal to the full replacement value of such items, which amount in the event of a dispute will be determined by the decision of the Landlord. In the event the Tenant does not obtain such insurance, it is liable for the full costs of repair or replacement of such damage or breakage. c. Boiler and machinery insurance on such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Tenant in the Premises. d. Owned automobile insurance with respect to all motor vehicles owned by the Tenant and operated in its business. 38. The Tenant's policies of insurance hereinbefore referred to will contain the following: a. provisions that the Landlord is protected notwithstanding any act, neglect or misrepresentation of the Tenant which might otherwise result in the avoidance of claim under such policies will not be affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insured(s); b. provisions that such policies and the coverage evidenced thereby will be primary and noncontributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord will be excess coverage; c. all insurance referred to above will provide for waiver of the insurer's rights of subrogation as against the Landlord; and d. provisions that such policies of insurance will not be cancelled without the insurer providing the Landlord thirty (30) days written notice stating when such cancellation will be effective. 39. The Tenant will further during the whole of the term maintain such other insurance in such amounts and in such sums as the Landlord may reasonably determine from time to time. Evidence satisfactory to the Landlord of all such policies of insurance will be provided to the Landlord upon request. 40. The Tenant will not do, omit or permit to be done or omitted upon the Premises anything which will cause any rate of insurance upon the Building or any part of the Building to be increased or cause such insurance to be cancelled. If any such rate of insurance will be increased as previously mentioned, the Tenant will pay to the Landlord the amount of the increase as Additional Rent. If any insurance policy upon the Building or any part of the Building is cancelled or threatened to be cancelled by reason of the use or occupancy by the Tenant or any such act or omission, the Tenant will immediately remedy or rectify such use, occupation, act or omission upon being requested to do so by the Landlord, and if the tenant fails to so remedy or rectify, the Landlord may at its option terminate this Lease and the Tenant will immediately deliver up possession of the Premises to the Landlord. 41. The Tenant will not at any time during the term of this Lease use, exercise, carry on or permit or suffer to be used, exercised, carried on, in or upon the Premises or any part of the Premises, any noxious, noisome or offensive act, trade business occupation or calling, and no act, matter or thing whatsoever will at any time during the said term be done in or upon the Premises, or any part Premises, which will or may be or grow to the annoyance, nuisance, grievance, damage or disturbance of the occupiers or owners of the Building, or adjoining lands or premIses. Landlord's InsuraBee 42. The Landlord will take out or cause to be taken out and keep or cause to be kept in full force and effect during the whole of the term: a. extended fire and extended coverage insurance on the Building, except foundations, on a replacement cost basis, subject to such deductions and exceptions as the Landlord may determine; such insurance will be in a form or forms normally in use from time to time for buildings and improvements of a similar nature similarly situate, including, should the Landlord so elect, insurance to cover any loss of rental income which may be sustained by the Landlord; b. boiler and machinery insurance of such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Landlord in the Building (other than such boilers and pressure vessels to be insured by the Tenant hereunder); c. comprehensive general liability insurance against claims for bodily injury, including death and property damage in such form and subject to such deductions and exceptions as the Landlord may determine; provided that nothing in this clause will prevent the Landlord from providing or maintaining such lesser, additional or broader coverage as the Landlord may elect in its discretion. 43. The Landlord agrees to request its insurers, upon written request of the Tenant, to have all insurance taken out and maintained by the Landlord provide for waiver of the Landlord's insurers' rights of subrogation as against the Tenant when and to the extent permitted from time to time by its insurers. Abandonment 44. If at any time during the term of this Lease, the Tenant abandons the Premises or any part of the Premises, the Landlord may, at its option, enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the Premises, or any part of the Premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option, hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by the Landlord by means of the reletting. If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant, then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so. Subordination and Attornment 45. This Lease and the Tenant's rights under this Lease will automatically be subordinate to any mortgage or mortgages, or encumbrance resulting from any other method of financing or refinancing, now or afterwards in force against the Lands or Building or any part of the Lands or Building, as now or later constituted, and to all advances made or afterwards made upon such security; and, upon the request of the Landlord, the Tenant will execute such documentation as may be required by the Landlord in order to confirm and evidence such subordination. 46. The Tenant will, in the event any proceedings are brought, whether in foreclosure or by way of the exercise of the power of sale or otherwise, under any other mortgage or other method of financing or refinancing made by the Landlord in respect of the BuildiJl&or any portion of the Building, attorn to the encumbrancer upon any such foreclosure or sale and recognize such encumbrancer as the Landlord under this Lease, but only if such encumbrancer will so elect and require. 47. Upon the written request of the Tenant, the Landlord agrees to request any mortgagee or encumbrancer of the Lands (present or future) to enter into a non- disturbance covenant in favor of the Tenant, whereby such mortgagee or encumbrancer will agree not to disturb the Tenant in its possession and enjoyment of the Premises for so long as the Tenant is not in default under this Lease. Re2istration of Caveat 48. The Tenant will not register this Lease, provided, however, that: a. The Tenant may file a caveat respecting this Lease but will not be entitled to attach this Lease, and, in any event, will not file such caveat prior to the commencement date of the term. The caveat will not state the Base Rent or any other financial provisions contained in this Lease. b. If the Landlord's permanent financing has not been fully advanced, the Tenant covenants and agrees not to file a caveat until such time as the Landlord's permanent financing has been fully advanced. Estoppel Certificate and Acknowled2ement 49. Whenever requested by the Landlord, a mortgagee or any other encumbrance holder or other third party having an interest in the Building or any part of the Building, the Tenant will, within ten (10) days of the request, execute and deliver an estoppel certificate or other form of certified acknowledgement as to the Commencement Date, the status and the validity of this Lease, the state of the rental account for this Lease, any incurred defaults on the part of the Landlord alleged by the Tenant, and such other information as may reasonably be required. Sale bv Landlord 50. In the event of any sale, transfer or lease by the Landlord of the Building or any interest in the Building or portion of the Building containing the Premises or assignment by the Landlord of this Lease or any interest of the Landlord in the Lease to the extent that the purchaser, transferee, tenant or assignee assumes the covenants and obligations of the Landlord under this Lease, the Landlord will without further written agreement be freed and relieved of liability under such covenants and obligations. This Lease may be assigned by the Landlord to any mortgagee or encumbrancee of the Building as security. Tenant's Indemnitv 51. The Tenant will and does hereby indemnify and save harmless the Landlord of and from all loss and damage and all actions, claims, costs, demands, expenses, fines, liabilities and suits of any nature whatsoever for which the Landlord will or maybeoome liable, incur Qr suffer by reason of a breach, violation or nonperformance by the Tenant of any covenant, term or provision hereof or by reason of any builders' or other liens for any work done or materials provided or services rendered for alterations, improvements or repairs, made by or on behalf of the Tenant to the Premises, or by reason of any injury occasioned to or suffered by any person or damage to any property, or by reason of any wrongful act or omission, default or negligence on the part of the Tenant or any of its agents, concessionaires, contractors, customers, employees, invitees or licensees in or about the Building. 52. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss, injury, or damage to persons or property resulting from falling plaster, steam, electricity, water, rain, snow or dampness, or from any other cause. 53. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss or damage caused by acts or omissions of other tenants or occupants, their employees or agents or any persons not the employees or agents of the Landlord, or for any damage caused by the construction of any public or quasi-public works, and in no event will the Landlord be liable for any consequential or indirect damages suffered by the Tenant. 54. It is agreed between the Landlord and the Tenant that the Landlord will not be liable for any loss, injury or damage caused to persons using the Common Areas and Facilities or to vehicles or their contents or any other property on them, or for any damage to property entrusted to its or their employees, or for the loss of any property by theft or otherwise, and all property kept or stored in the Premises will be at the sole risk of the Tenant. Liens - 55. The Tenant will immediately upon demand by the Landlord remove or cause to be removed and afterwards institute and diligently prosecute any action pertinent to it, any builders' or other lien or claim of lien noted or filed against or otherwise constituting an encumbrance on any title of the Landlord. Without limiting the foregoing obligations of the Tenant, the Landlord may cause the same to be removed, in which case the Tenant will pay to the Landlord as Additional Rent, such cost including the Landlord's legal costs. Attornev Fees 56. All costs, expenses and expenditures including and without limitation, complete legal costs incurred by the Landlord on a solicitor/client basis as a result of unlawful detainer of the Premises, the recovery of any rent due under the Lease, or any breach by the Tenant of any other condition contained in the Lease, will forthwith upon demand be paid by the Tenant as Additional Rent. All rents including the Base Rent and Additional Rent will bear interest at the rate of Twelve (12%) per cent per annum from the due date until paid. (;overDiD!! Law 57. It is the intention of the parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New York, without regard to the jurisdiction in which any action or special proceeding may be instituted. Severabilitv 58. If there is a conflict between any provision of this Lease and the applicable legislation of the State of New York (the "Act"), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. 59. If there is a conflict between any provision of this Lease and any form oflease prescribed by the Act, that prescribed form will prevail and such provisions of the lease will be amended or deleted as necessary in order to comply with that prescribed form. Further, any provisions that are required by that prescribed form are incorporated into this Lease. Maintenance 60. The Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal of this Lease. 61. The Tenant will be responsible at its own expense to replace all electric light bulbs, tubes, ballasts or fixtures serving the Premises. 62. Major maintenance and repair of the Premises involving anticipated or actual costs in excess of $100.00 per incident not due to the Tenant's misuse, waste, or neglect or that of the Tenant's employee, family, agent, or visitor, will be the responsibility of the Landlord or the Landlord's assigns. Amendment of Lease 63. Any amendment or modification of this Lease or additional obligation assumed by either party to this Lease in connection with this Lease will only be binding if evidenced in writing signed by each party or an authorized representative of each party. Additional Provisions 64. Tenant agrees to carry Commercial General Liability Insurance on the Demised premises during the term and name Landlord as additional insured. Such Insurance shall be for limits of not less than One Million Dollars ($1,000,000) per occurence combined bodily injury and property damage liability.Iftenant decides to terminate prior to end of lease, tenant will pay landlord 4 months rent.. Damaee to Premises 65. If the Premises, or any part of the Premises, will be partially damaged by fire or other casualty not due to the Tenant's negligence or wiUful act or that of the Tenant's employee, family, agent, or visitor, the Premises wiU be promptly repaired by the Landlord and there win be an abatement of rent corresponding with the time during which, and the extent to which, the Premises may have been untenantable. However, if the Premises should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor to the extent that the Landlord will decide not to rebuild or repair, the term of this Lease will end and the Rent will be prorated up to the time of the damflge. Eminent Domain and Exorooriation 66. If during the term of this Lease, title is taken to the whole or any part of the Building by any competent authority under the power of eminent domain or by expropriation, which taking, in the reasonable opinion of the Landlord, does not leave a sufficient remainder to constitute an economically viable building, the Landlord may at its option, terminate this Lease on the date possession is taken by or on behalf of such authority. Upon such termination, the Tenant will immediately deliver up possession of the Premises, Base Rent and any Additional Rent will be payable up to the date of such termination, and the Tenant will be entitled to be repaid by the Landlord any rent paid in advance and unearned or an appropriate portion of that rent. In the event of any such taking, the Tenant will have no claim upon the Landlord for the value of its property or the unexpired portion of the term of this Lease, but the parties will each be entitled to separately advance their claims for compensation for the loss of their respective interests and to receive and retain such compensation as may be awarded to each respectively. If an award of compensation made to the Landlord specifically includes an award for the Tenant, the Landlord will account for that award to the Tenant and vice versa. Condemnation 67. A condemnation of the Building or any portion of the Premises will result in termination of this Lease. The Landlord will receive the total of any consequential damages awarded as a result of the condemnation proceedings. All future rent installments to be paid by the Tenant under this Lease will be terminated. Tenant's Reoairs and Alterations 68. The Tenant covenants with the Landlord to occupy the Premises in a tenant-like manner and not to permit waste. The Tenant will at all times and at its sole expense, subject to the Landlord's repair, maintain and keep the Premises, reasonable wear and tear, damage by fire, lightning. tempest, structural repairs, and repairs necessitated from hazards and perils against which the Landlord is required to insure excepted. Without limiting the generality of the foregoing, the Tenant will keep, repair, replace and maintain all glass, wiring, pipes and mechanical apparatus in, upon or serving the Premises in good and tenantable repair at its sole expense. When it becomes (or, acting reasonably, should have become) aware of same, the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building. 69. The Tenant covenants with the Landlord that the Landlord, its servants, agents and workmen may enter and view the state of repair of the Premises and that the Tenant will repair the Premises according to notice in writing received from the Landlord, subject to the Landlord's repair obligations. If the Tenant refuses or neglects to repair as soon as reasonably possible after written demand, the Landlord may, but will not be obligated to, undertake such repairs without liability to the Tenant for any loss or damage that may occur to the Tenant's merchandise, fixtures or other property or to the Tenant's business by such reason, and upon such completion, the Tenant will pay, upon demand, as Additional Rent, the Landlord's cost of making such repairs plus fifteen percent (15%) of such cost for overhead and supervision. 70. The Tenant will keep in good order, condition and repair the non-structural portions of the interior of the Premises and every part thereof, including, without limiting the generality of the foregoing, all equipment within the Premises, fixtures, walls, ceilings, floors, windows, doors, plate glass and skylights located within the Premises. Without limiting the generality of the foregoing, the Tenant will keep, repair, replace and maintain all glass, wiring, pipes and mechanical apparatus in, upon or serving the Premises in good and tenantable repair at its sole expense. When it becomes (or, acting reasonably, should have become) aware of same, the Tenant will notify the Landlord of any damage to or deficiency or defect in any part of the Premises or the Building. The Tenant will not use or keep any device which might overload the capacity of any floor, wall, utility, electrical or mechanical facility or service in the Premises or the Building. 71. The Tenant will not make or have others make alterations, additions or improvements or erect or have others erect any partitions or install or have others install any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades, awnings, exterior decorations or make any changes to the Premises or otherwise without first obtaining the Landlord's written approval thereto, such written approval not to be unreasonably withheld in the case of alterations, additions or improvements to the interior of the Premises. 72. The Tenant will not install in or for the Premises any special locks, safes or apparatus for air-conditioning, cooling, heating, illuminating, refrigerating or ventilating the Premises without first obtaining the Landlord's written approval thereto. Locks may not be added or changed without the prior written agreement of both the Landlord and the Tenant. 73. When seeking any approval of the Landlord for Tenant repairs as required in this Lease, the Tenant will present to the Landlord plans and specifications of the proposed work which will be subject to the prior approval of the Landlord, not to be unreasonably withheld or delayed. 74. The Tenant will promptly pay aU contractors, material suppliers and workmen so as to minimize the possibility of a lien attaching to the Premises or the Building. Should any claim of lien be made or filed the Tenant will promptly cause the same to be discharged. 75. The Tenant will be responsible at its own expense to replace all electric light bulbs, tubes, ballasts or fixtures serving the Premises. Landlord's ReDairs 76. The Landlord covenants and agrees to effect at its expense repairs of a structural nature to the structural elements of the roof, foundation and outside walls of the Building, whether occasioned or necessitated by faulty workmanship, materials, improper installation, construction defects or settling, or otherwise, unless such repair is necessitated by the negligence of the Tenant, its servants, agents, employees or invitees, in which event the cost of such repairs will be paid by the Tenant together with an administration fee of fifteen percent (15%) for the Landlord's overhead and supervision. Care and Use of Premises 77. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Premises or to any furnishings supplied by the Landlord. 78. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The Tenant is required to park in only the space allotted to them. 79. The Tenant will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants. 80. The Tenant wIll dispose of its trash in a timely, tidy, proper and sanitary manner. 81. The Tenant will not engage in any illegal trade or activity on or about the Premises. 82. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law. 83. The hallways, passages and stairs of the building in which the Premises are situated will be used for no purpose other than going to and from the Premises and the Tenant will not in any way encumber those areas with boxes, furniture or other material or place or leave rubbish in those areas and other areas used in common with any other tenant. Surrender of Premises 84. The Tenant Covenants to surrender the Premises, at the expiration of the tenancy created in this Lease, in the same condition as the Premises were in upon delivery of possession under this Lease, reasonable wear and tear, damage by fire or the elements, and unavoidable casualty excepted, and agrees to surrender aU keys for the Premises to the Landlord at the place then fixed for payment of rent and will inform the Landlord of all combinations to locks, safes and vaults, if any. All alterations, additions and improvements constructed or installed in the Premises and attached in any manner to the floor, walls or ceiling, including any leasehold improvements, equipment, floor covering or fixtures (including trade fixtures), will remain upon and be surrendered with the Premises and will become the absolute property of the Landlord except to the extent that the Landlord requires removal of such items. If the Tenant abandons the Premises or if this Lease is terminated before the pmper expiration of the term due to a default on the part of the Tenant then, in such event, as of the moment of default of the Tenant all trade fixtures and furnishings of the Tenant (whether or not attached in any manner to the Premises) will, except to the extent the Landlord requires the removal of such items, become and be deemed to be the property of the Landlord without indemnity to the Tenant and as liquidated damages in respect of such default but without prejudice to any other righter remedy of the Landlord. Notwithstanding that any trade fixtures, furnishings, alterations, additions, improvements or fixtures are or may become the property of the Landlord, the Tenant will immediately remove all or part of the same and win make good any damage caused to the Premises resulting from the installation or removal of such fixtures, all at the Tenant's expense, should the Landlord so require by notice to the Tenant. If the Tenant, after receipt of such notice from the Landlord, fails to promptly remove any trade fixtures, furnishings, alterations, improvements and fixtures in accordance with such notice, the Landlord may enter into the Premises and remove from the Premises aU or part of such trade fixtures, furnishings, alterations, additions, improvements and fixtures without any liability and at the expense of the Tenant, which expense wiU immediately be paid by the Tenant to the Landlord. The Tenant's obligation to observe or perform the covenants contained in this Lease will survive the expiration or other termination of the term of this Lease. Hazardous Materials 85. The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company. Rules and Reflulations 86. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building, parking lot, laundry room and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises. Address for Notice 87. For any matter relating to this tenancy, whether during or after this tenancy has been terminated: a. the address for service of the Tenant is the Premises during this tenancy, and 2712 E. Tremont Ave. Bronx NY 10461 after this tenancy is terminated. The phone number of the Tenant is 914 227.8287; and b. the address for service of the Landlord is 1708 rt 9 Wappingers Falls, NY 12590, both during this tenancy and after it is terminated. The Landlord or the Tenant may, on written notice to each other, change their respective addresses for notice under this Lease. Ril!ht to Show Premises 88. The Tenant acknowledges that the Landlord or its agent will have the right to enter the Premises at all reasonable times to show them to prospective purchasers, encumbrancers, lessees or assignees, and may also during the ninety days preceding the termination of the terms of this Lease, place upon the Premises the usual type of notice to the effect that the Premises are for rent, which notice the Tenant will permit to remain on them. No Waiver 89. No provision of this Lease will be deemed to have been waived by the Landlord unless a written waiver from the Landlord has first been obtained and, without limiting the generality of the foregoing, no acceptance of rent subsequent to any default and no condoning, ex~ng {)f QVerlooking by the Landlord on previous occasions of any default nor any earlier written waiver will be taken to operate as a waiver by the Landlord or in any way to defeat or affect the rights and remedies of the Landlord. Landlord's Performance 90. Notwithstanding anything to the contrary contained in this Lease, if the Landlord is delayed or hindered or prevented :from the performance of any term, covenant or act required under this Lease by reason of strikes, labor troubles, inability to procure materials or services, power failure, restrictive governmental laws or regulations, riots, insurrection, sabotage, rebellion, war, act of God or other reason, whether of a like nature or not, which is not the fault of the Landlord, then performance of such term, covenant or act will be excused for the period of the delay and the Landlord will be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay. Remedies Cumulative 91. No reference to or exercise of any specific right or remedy by the Landlord will prejudice or preclude the Landlord :from any other remedy whether allowed at law or in equity or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Landlord may from time to time exercise anyone or more of such remedies independently or in combination. Landlord Mav Perform 92. If the Tenant fails to observe, perform or keep any of the provisions of this Lease to be observed, performed or kept by it and such failure is not rectified within the time limits specified in this Lease, the Landlord may, but will not be obliged to, at its discretion and without prejudice, rectify the default of the Tenant. The Landlord will have the right to enter the Premises for the purpose of correcting or remedying any default of the Tenant and to remain until the default has been corrected or remedied. However, any expenditure by the Landlord incurred in any correction of a default of the Tenant will not be deemed to waive or release the Tenant's default or the Landlord's right to take any action as may be otherwise permissible under this Lease in the case of any default. Guarantee bv Shareholders of Tenant 93. The Tenant will provide the Landlord with the list of its current shareholders and notify the Landlord of any new shareholders. The Tenant will cause the current shareholders to enter into a personal guarantee of the Tenant's obligations and covenants in this Lease in the form attached to this Lease as Schedule "B". General Provisions 94. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as oonditionsof this Lease. 95. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the Landlord as rental arrears. 96. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease. 97. The Tenant will be charged an additional amount of $25.00 for each N.S.F. check or check returned by the Tenant's financial institution. 98. All schedules to this Lease are incorporated into and form an integral part of this Lease. 99. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 100. This Lease r.l'uiy he executed in COWlterpans. Facsimile signa.tures llre bindjng and ate consi~crM to be ori.ginal signatures. J 01. Time is Qfthe. ~~ce in this Lease. 102. This Lease win constitute tbe e1;lti.re agreement between the LandlCtl'd and the Tenant. Any prior! !Jo~erstanding or representation of any kind precedil'S the date of this Leas!;; willnot. be binding 0t1 either party to tb1s Lease except b) lhe extent incorporated j~'~bis T..ease. In particular, no warranties of tlw Landlord not expressed in this ~~ a~e to be implied. TN WITNESS WHEREOF 1\.1H'V Realty LtC and Quick Cash ofWappingers Falls LLf have duly affixed their $i.[Pf.latw'es by duly authori?ed officers under seal on this day of. J1 q,,1l.. ~~:1~'f MHV, per~ (SEAL) Witness: ~ ~itness: l; Quiek Cash ofWappingers FaIls L:LC per~,- fv~!)~EAL) l#.jA~H ..f~..w.:vMkl .I?J"e'.N..IlU" I',.,' ~2011? J.llWDepllt.tom"'" i-I.