(fp

Commercial Lease
.day
THIS LEASE is made and executed in duplicate this.

of.

BY AND BETWEEN.. . hereinafter calle

and hereinafter(^led "Lessee." ^

I ^ ^ VH
WITNESSETH:That for and in consideration ofthe sum of$.31- ^30 to Lessor, paid by Lessee,
receiptofwhich is hereby acknowledged by Lessor,and for the further consideration ofthe paymentoftherents and the
performances ofthe covenants contained herein on the part ofthe Lessee,and in the manner hereinafter stated,^ssor
leases and lets to Lessee, and Lessee hereby leases, hires, and takes from Lessor, upon the terms and conditmns
hereinafter set forth, the following described property, and its appurtenances, situated in the City
of. , Coxmty. of—

state of CjSS.AfOi!^V.fet, paiticalariy described as foUows:

Z\f\c. kU>^£.\)X,
For the term of.... ...commencing on the... day
of....>^5^W: ,19..4.1....

*^"The total rent shall be the sum of dollars

payable monthly jn advance, installments of... .dollare, each in lawful money of the

United States ofAmerica,on the. - • ■ day ofeach and every calendar month.In the event Lessee has paid the
rental hereunder,as herein provided,and has duly complied with toe terms and provisions hereof, LeflCflfi raa^' occupy
nnd irnjny too loannd prnminnn for thn final .^month ofthe tenni fraa frona obligation to pa}^ anif rental
■for ouoh i .months.

This lease is made subject to the following terms and conditions:

Payment of Rent.
1. Lessee agrees to pay rents to Lessor at the time and in the manner herein provided.

Default and Re-entry.

2. If Lessee breaches the lease and abandons toe property before toe end of the term or ifhis right to possession is
terminated by Lessor because of a breach of the lease. Lessor may recover as damages the worth of the impaid rent for
the balance of the term plus any other foreseeable damages incurred by Lessor.

Removal of Property.
Should Lessee to pay any part of the rents herein specified, at the times or in the manner herein provided, or
fail faithfully to comply with or perform any other ofthe terms, conditions, covenants and agreements of this lease on
toe part of Lessee to be performed or complied with, or should Lessee abandon the leased premises, then and in that
event, Lessor, at the sole option ofLessor may terminate this lease, and Lessor and Lessee shall have all the rights and
remedies as provided in Califoria Civil Code, Section 1951.2. Lessor may pursue any remedy whatsoever provid^ for
by law, and in any event Lessor shall be entitled to the possession of the leased premises at the lawful termination of
this lease. Lessor is hereby authorized to remove and store at Lessee's expense any personal property which Lessee
abandons at the leased premises upon vacating those premises.If Lessee has breached any of the provisions of &is
lease and has abandoned the leased premises,Lessor and Lessee shall have all the rights and remedies as provided by
California Civil Code,Section 1951.4,so long as this lease,and Lessee's ri^tsto the possession ofthe leased premises,
are not terminated by Lessor. The rights of Lessor under this lease shall be cumulative to all other rights or remedies
given to Lessor by law or by the terms of this lease.

Uses and Uses Prohibited.

3, That the lease premises shall be used, occupied and conducted exclusively as and for
Le&ki.
and for no other purpose; and shall be used,occupied and conducted in a thoroughly orderly and respectable maimer,
without let, hindrance, annoyance, disturbance, detriment, injury or offense to Lessor. Lessee shall not maintain or
commit,nor suffer to be maintained or committed any nuisance or waste in or about^e leased premises. Lessee shml
not do or permit anything to be done in or aboutthe leased premises,nor bring or keep anything therein, which ^1in
any way affect fire or other insurance on the building or any ofits contents,or which shall in any way conflict with any
law, ordinance, rule, or regulation affecting the occupancy and use of the premises which are or may hereafter be
enacted or promulgated by any public authority. , .u rr
Lessee shall not construct,maintain or permit to be constructed or maintained,any sign,or billboard on the root ot
the building located on the premises,nor paint,nor hang,nor permit or authorize others to paint,or hang,any sign on
the walls thereof, unless written permission to do so has been obtained from Lessor.
Assignment and Subletting. „ tt j
4.Lessee may assign hisinterest or sublet the property,but only with theprior written consent ofLessor.Under no
other circumstances, and without prior obtained written consent, neither this lease nor any interest therein shall be
assignable or subject to subletting. Lessor shall not unreasonably withhold requested written consent.
Lessee further promises and covenants that if he neglects or fails to perform or observe any of the raven^te
contained in this lease and continues this neglect or failure for ten (10)days after notice by Lessor, or if the estate
hereby created shall be taken on execution,and such execution shall not be satisfied, cancelled or o&erwise removed
within thirty(30)days after notice by Lessor, or ifthe Lessee shall be adjudicated bankrupt or insolvent accordmg to
law or if any assignment of its property shaU be made for the benefit of creditors, then Lessor may ii^ediately
terminate this lease. Lessee covenants that in case ofsuch temination it willindemnify Lessor again^ an loss ofrent
which Lessor may incur by reason of such termination, during the residue of the term above specified.
Alterations and Repairs.

^^^esselTCTeerthatthe leased premises are now in tenantable and good order and condition and that Lessee shall
keep and maintain these premises in good and sanitary order and condition, and that no damages
change whatever shall be made in or about the leased premises without the written consent
provided by written agreement, all alterations,improvements and changes that may be required shall be by o
under the direction ofLessor but at the cost ofLessee. All alterations, additions,and improvements made m
leased premises shall, unless otherwise provided by written agreement, be the property of Lessor
upon,andbesurrenderedwiththeleasedpremises.Lesseeshallnotmarordefacemanymann^thewalls woodwo^
or any other part of the leased nremises. All damage or injury done to the premises or proper^ of Lessor by
Lessee, or by any person who may be in or upon the premises, with the consent ofthe Lessee,shall be Paid for by^
at the time the damage or iiyury is inflicted. Lessee shall,at the termination ofthe lease surrender the leased
premises to Lessor in as good order and condition as received, normal wear and tear excepted.

"L^eventTtL inability ofLessor to deliver possession ofthele^ ca^l^ed

commencement of the term ofthis lease,neither Lessor nor the agent ofLessor shaU be liable ^
thereby,nor shall this lease thereby become void or voidable, but in such event Lessee shall not be liable for any re
until such time as Lessor can deliver possession.

^^'T^^sL"e"hatrat least thirty(30)days before the date of expiration ofthis le^e,give Lessor a ^tten notice of ^ ;
intentiontosurrendertheleasedpremisesonthatdate-KsuchnoticeisnotgivemthenLesseeshallbeliablefOTrentof
one additional month in the event that he shall have vacated the leased premises,at the expiration ofthe term ofthis ^
lease. l||

wUfi
Holding Over. , ^^ , v n t.
8.If Lessee holds possession ofthe premises after the expiration ofthe term ofthis lease.Lessee shall become a
tenant from month-to-month only upon the terms herein specified, but at a monthly rental of
.Dollars($ )per month payable monthly in advance in lawful money of

the United States on the day of each month and shall continue to be such tenant imtil such
tenancy shall be terminated by Lessor, or Lessee by written notice of at least one month prior to the date of the
termination of such monthly tenancy of the intention to terminate such tenancy.
Destruction of Premises. j xi. i. 1.1. u
9.Ifthe building orthe leased premises shall be destroyed by fire or other cause or be so damped that they become
untenantable and cannot be rendered tenantable within ninety(90)days firom the date ofthe injury this lease may be
terminated by Lessor.In case the premises shall be so damaged as not to require a termination ofthe lease as above
provided,then a proportionate allowance shall be made to Lessee for the rent hereinbefore reserved corresponding to
the time
the duringofSection
provisions which and to the
1932 andportion ofthe premises
Subdivision4of Sectionof1933
which Lessee shall be so deprived. Lessee
oftheCivilCodeoftheStateof expressly
California. waives
Lessorshall
be sole judge as to whether such damage has caused said building or premises to be untenantable,and as to whether
they can be rendered tenantable within ninety (90) days from the date of injury.
Entry and Inspection, , -„
10. Management is given the right to enter into or inspect the premises for the following purposes:
(a) In case of emergency. ,
(b) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed
services, or exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
(c) When the tenant has abandoned or surrendered the premises.
(d) Pursuant to court order. , ,, . - .u.-
Exceptin cases ofemergency,when thetenant has abandoned or surrendered the premises,orifitis unpractiwble
to do so,the Owner shall give the tenant reasonable notice ofhis intent to enter and enter only during normal busmess
hours. Twenty-four (24) hours shall be presumed to be reasonable notice.
Service Charges. . .. r 4. + „ .^0=
11. Lessee agrees to pay during the term hereof, all charges made against the prenu^s for water rates, g^
electricity,power,heat,telephone,and garbage disposal services,and for any other commoditiesfurnished or suppUed
or used in or upon or about the premises.

12.Lessor agrees to maintain the roofover the demised premises in good order and repair and repairs to the roof
aVtall be made by and at the expense of Lessor.

Subordination.
13. Lessee's interest in this property shall be subject and subordinate at all times to the hen of any mortgage or
trust deed or deeds which may now exist upon or which may be placed upon the premises or the property of which the
premises are a part and Lessee covenants that it will execute and deliver to Lessor or the nominee of Lessor proper
subordination agreements to this effect at any time upon the request of Lessor and without payment bemg made
therefor.

Breach of Conditions.
14. Each and every covenant and term hereof to be kept and performed by Lessee is expressly made a condition,
upon breach whereof Lessor may terminate this lease and exercise all rights of entry and re-entry upon the leased
premises, as provided for by law.
Non-Waiver of Breach.
15. The failure or ommission of Lessor to terminate this lease,for any violation of any ofits terms, conditions, or
covenants shall in no way be deemed to be a consent by Lessor to such violation, and shall in no way bar, estop or
prevent Lessor fi-om terminatingthis lease thereafter,either forsuch orfor any subsequent violation ofany such tera,
condition or covenant.The acceptance ofrent hereunder shall not be, or be construed to be,a waiver ofany breach of
any term, covenant, or condition of this lease.
Costs of Suit. « A 4. 4.1.
16. If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the
prevailing party shall recover, in addition to all other relief, reasonable attorney's fees and costs.
Page 3 _
This document is only a general lorm wnich may be proper for use in simple transactions and In no way acts, or is Intended !o ea, as a suWttute lor the«Mco of an aflomtiy.The pnnter
does not mane any warranty, either express or Implied, as to the legal validity or the suitability of these forms in any sp^fic
S€rvice of Notice. \
17. Notices required under this Agreement may be served upon:

VloSQ^i....(hj^ at .Lft6..(Wc^. ,..., California.

Said person is authorized to acceptlegal semce on behalfoflessor. Notice may be served on Lessee at the address set
forth on page 1.

Security.
18. It is further covenanted and agreed by Lessee that nothing herein contained and no security or guarantee
which may now or hereafter be furnished Lessor for the payment ofthe rent herein reserved orfor the performance by
Lessee of the other terms or covenants of this lease, shall in any way be a bar or defense to any action in unlawful
detainer, or for the recovery ofthese premises,or in any action which Lessor may at any time commence for breach of
any part of the terms or covenants of this lease.

Lessor and Lessee Defined.

Heirs, Etc., Included.
19.The word "Lessor" and the word "Lessee" as used herein include the plural as well as the singular. The neuter
- gender when used here, shall include the masculine and feminine.
20. This lease shall include and inure to and bind the heirs, executors, administrators,successors and assigns of
the respective parties hereto, but nothing in this paragraph contained shall be construed to modify or impair in any
manner any ofthe provisions and restrictions of Ihis lease relating to the assignment ofthis lease or of any interest
therein, or to the subletting or underletting of the leased premises of any part thereof.
21. Lessee agrees that this instrument contains all ofthe provisions ofthe agreement between the parties hereto,
and that no promise or agreement not contained herein shall be binding on Lessor.
22. Time is the essence of this agreement.
23. Lessee accepts the leased premises subject to all zoning laws, ordinances, and regulations applicable to and
regulating the use ofthe premises,and acknowledges that Lessor has made no representations or warranties as to the
suitability of the premises for any particular use.
24. Additional Provisions (Insert here and refer to paragraph 24.):

66Jfc K i^to fc-

These parties have executed this lease the day and year first above written. . ^
This lease in section 8 provides for automatic renewal from month-to-month ifLessee remains in possession after
the expiration of the tepsooi this lease.

Lessee

j \ T.0«snr Lessee

Lessor Lessee

This Oecument Is only a general form wtticn nay(w proper for use in simple iransactlons and In no way acts, or is intendad to^ as asu^Bulo forthe advice ofan anomey.The pnnter
does not make any warranty, efther eipfws «implied, as to the legal validity or the suitability ol these fonns in any specific transaction.
 A
AODENDUM

24 Lessee and Lessee's clients sLall have exclusive use of the rear
stairway .entrance, other than in an emergency,

>_es3ee and Lessee's clients shall have unrestricted Ingress and egress
through the front ocor and stalrvvay; hov^ever, Lessee and Lessee's clients
shall not be entitled to use the first floor tenant's waiting room, furniture
or secretarial facilities, unless an agreement is made and signed by both
parties.

26. Lessee shall carry liability insurance in the amount of Five Hundred
Thousand ($500,000.00) Dollars for actions arising out of the operation of
the Leasehold

27.- Lessee shall pay one mionth's rent in advance as a deposit, which shall
be held through the life of the Lease, and an additional ($250.00) Dollars
as a utility deposit

23. Lessee snail pay Lessor an additional ten (10%) percent of any overdue
rent beyond five (5)'working days as a late charge,

29. Lessee shall not install any signs without written approval of Lessov

30, Lessee shali not drill into or hardwood floors, doers or wood
mouldings for teleohone lines, window coverings or otherwise. Lessee
Shali not install conduit or unnecessary wires to exterior of building.

31, Lessee agrees to Day his pro-rata share of the P G S. E, BFi (garbage)
and San Jose Water Company bills when the bufldinq is fully occupied.
Prior to such time, Lessee agrees to pay the entire bllis.

32. Lessor agrees to install a 'wail and door separating the oack doubie
offices 33 per the attached plan and Lessee's agrees to reimburse Lessor
tefi-se4fof cost. -Said monies shall be due and payable on date of
completion.
A r'> f't I < A
r'.Ouc! iij'-ji n r-> rSQc i WO

33. Lessee shall allow third floor tenant and tenant's clients use of the
second floor restroom. Lessee to provide his own janitorial service and
restroom supplies.

34. Lessee to provide new^ doorknobs and locks at Lessee's sole expense.

35. Lessor to have all hardwood floors professionally cleaned and polished
prior to occupancy date of September h l'59l

36. Lessee has the option of installing carpeting and padding in extreme
rear office 'with existing fir flooring at Lessee's sole expense.

o7. Lessor orants Lessee a '-hree~y6ar opticn. Lessee to |jay i-nc Cn inOeA
increase in rent if any, after completion of second year of Lease and at
beginnina of option,, if exercised, 'with a capitallzaticn rats of six (p^)
oercent for each increase.

TO I « rl-,,-. i>i ■ agt ees O tA

hi Li IC y'i
T .*1
n-^ r aoresrc LTdOCi I'-
lOl !f.lj
ie'w ovvnei

. Lessee agrees that this Instrument contains all of the provisions of

the agreement between the parties hereto, and that no promise or
aoreernent not contained herein shall be binding upon the Lessor.

/lA. I ^ CC-C'CAr-C
) iiiiw )0 Oi ti IC e.».-OCl lL«^.

tt41. Landlord uill nain-tain

-the profess ional^hus iness
decorun of -the building In
leasing -to -tenan-ts.
Dated tn-s Firsr ua'/ of August, 19'5i.

is3?.C3^ ^1^1 ti
^V w L*'I usssee

: ri \
s j 41.4
I yr'KV-'-
I ■""■
! 2. -i-iuir

V'.xV^''

\Ail ^^\6e: e£
Pamela Nudelman
2170 The Alameda
San Jose, CA 95126
June 7, 2004

Ms. Barbara Parrish

540 Bird Avenue
San Jose, CA

Dear Ms. Parrish

In my correspondence to you dated April 20, 2004, and again on April 28, 2004, 1 mentioned the
three pieces of office furniture remaining in the office building and again requested you return the
keys to me but have not received a response from you.
To date, you owe the following for rent, late charges, missing property and damages:
$1,368.44 February rent
136.84 February late charge
1,368.44 March rent
136.84 March late charge
775.48 April rent till 04-17-04 (to be adjusted upon receipt of keys)
77.55 April late charge
349.98 San Jose Water Company for 2003
76.73 San Jose Water Company from 01-01-04 to 04-17-04
2,825.44 PG&Efor 2003
1,458.03 P G & E from 01-01-04 to present
400.00 Oak dining room table
50.00 Schlage doorknob
25.00 Sheetrock repair
215.47 Locksmith
777.20 Replace formica bathroom counter burned by your curling iron
3,168.55 Repair damage to fir and oak flooring
2,875.00 Strip and refinish all surfaces tenant painted white (one side of
door, door moulding, window trim and sills, two lighting fixtures'
trim, baseboard and quarter-round)
300.00 Removal of exterior conduit and painting repair as lease agreement
100.00 Removal of contents of hall closet
$16,484.99

Please send a check to cover the above-itemized rent and repairs within the next ten days to
Pamela and Alan Nudelman at 2170 The Alameda, San Jose, CA 95126. Failure to comply will
require that I take legal action to insure payment of this debt. _
Thank you. U.S. Postal ServiceTM
CO
j]
CERTIFIED MAIL™ RECEIPT
Sincerely, (Domestic Mail Only; No Insurance Coverage Provided)
un
For delivery Information visit our website at www.usps.cotns
j-
a
Q^

Pamela Nudelman

cc: Jim Cox

Joseph Johnson, Attomey at Law Return Redept Fee
(Endorsement Required]
Brad Baugh, Attorney at Law Restricted Delivery Fee
Alan Nudelman, Attorney at Law (Endorsement Required)

'SWgif'Xpt'No.;
orPO Box No.
City, Stale,ZIM
 Law Offices of Joseph .Tohnsinn
950 S. Bascom Avenue,Suite #1113
San Jose, CA 95128
Phone:(408)977-0988
Fax:(408)975-0302

July 21,2003

Bradford Baugh
Law Offices of Bradford Baugh
167 S. San Antonio Road,#17
Los Altos, CA 94022

Alan Nudehnan V.Pamela Nudelman

Case No.1-02-FL109142

Dear Mr.Baugh:

I would like your immediate attention to the foUowing urgent matters:

COMMERCIAL FROPHRTY AT 2170 THE ALAMKD A
5^Nudelman
™'i«^stan<img that
placed an the first floorinofthe
advertisement thenewspaper,
property isand
vacant Assome
found you are aware,
tenants for
the fnstfloor but your dient refused to sign the lease. It is absurd that this income
producmg property is notfully utilized based upon your clients lack of cooperation. I
^therefore, proposing that your cHent sign the lease and necessary documentation for
future prospective tenants so that the first floor can be fully occupied. Ms. Nudelman
would be placing another advertisement as soon as possible
With reject to rent paid by the current tenants,I am proposing that all the rental
mcome be divided by the parties as these come in. It makes no sense that Mr..
Nudelman is m control of all the rental income,when my cHent has an immediate need
tor the mcome.

I am endosing a check in the amount of $1,368.44,the July rentfrom Barbara Parrish

PW have your dient endorse said check and mail back to our office. Upon receipt of
said ^eck,our office would issue a check in the amount of $684.22(half of $1368 441
payable to Mr. Nudelman. ^ . j

Further^re,please provide me with a complete accounting of all rental income

received by you and your dientsince separation. Again,it is our belief that the rental
mcome m your possession is substantial. This amount must be divided immediately.

Branch Office: 7677 Oakport Street, Suite 105, Oakland, California 94621,(510) 553-7039
 RETIREMENT BENEFITS
As you know,your client has been receiving retirementincome in the amount of
$2,283.04 per month. This retirement benefit is community property and as such, Ms.
Nudehnan is entitled to half of the amount received. Commencing immediately, Mr.
Nudehnan should send half of the amount received to my client. Furthermore,please
provide me an accotmting of aU retirement benefits received from date of separation
through present, and a check for half of the amount received.

I look forward to hearing from you.

Sincerely,

Joseph Johnson,
Attorney at Law

Cc:Pamela Nudehnan

JJ/aml/enclosure

Branch Office: 7677 Oakport Street, Suite 105, Oakland, Caiifornia 94621,(510) 553-7039
 Law OfGces of Joseph Tohnson
950 S, Bascom Avenue,Suite #1113
San Jose, CA 95128
Phone:(408)977-0988
Fax:(408)975-0302

October 24,2003

Bradford Baugh
Law Offices of Bradford Baugh
167 S. San Antonio Road,#17
Los Altos, CA 94022

Re: Alan Nudehnan vs. Pamela Nufiplman

Case No.1-02-FL109142

Dear Mr. Baugh:

Please be advised that I am yet to receive half of the rental income in your possession as
ordered by the Honorable Judge Johnson on August 7,2003.

I am enclosing yet another endorsed check in the amount of $1368.44 for October's rent
Please send me a complete accounting of all rental income received by the Petitioner,

above in ten(10) days,I would file a Motion for Contempt against you and your client.
Thank you for your prompt attention to this matter.

Sincerely,

Joseph Johnson,
Attorney at Law

Co: Pamela Nudehnan

n/aml/endos\ires

Branch Office: 7677 Oakport Street, Suite 105, Oakland, California 94621,(510) 553-7039
 media

To Whom It May Concern,

On or about December 20,2002, we intended to continue our occupancy and

enter a new lease for the first fioor of 2170 The Alameda. We proposed to sign
a two-year lease at the rate of One Thousand Six Hundred ($1,600.00) per
month. Ms. Nudelman was willing to sign the lease, however, Mr. Nudelman
indicated that a long-term arrangement was not obtainable.

We therefore gave a written notice and vacated the premise in early January of
2003.

Sincerely,
www.mediag3.e0m
phone 408 260 5000
fax 408 985 5912

2170 the alameda

sanjose,0393126
William Yuan
 media
December 22,2002

Dear Pamela:

We know that you were willing to continue to keep MediaG3,Inc. as your tenant
beyond our current lease term. However by discussing with your husband, Mr.
Alan Nudelman that a long term lease arrangement is not obtainable due to a
possibility of selling the building.

I hereby give you this notice that MediaG3 will vacate the premise in early
January 2003. We agreed that in consideration of letting us "stay over" in the first
part of January 2003, you will have access, use and be able to lease out some or
all ofthe spaces currently occupied by MediaG3 from January 2003.

Thank you and it was a pleasant experience to be a tenant of your building.

www.mediag3.e0m
phone 408 260 5000
fax 408 985 5912 Sincerely, Accepted by
2170 the alameda
sanjose, ca 95126

William Yuan^ Pamela Nudelman