Landlord's Waiver

THIS LANDLORD's WAIVER is made and given on _________________, by Dorian Mayhew Rothschild, 60 Arthur St., San Rafael, Marin California 94901 (herein after the Landlord") in favor of Royal Enson National Bank, 440 Montgomery St., San Francisco, San Francisco California (herein after the Lender). WHEREAS, Dorian Mayhew Rothschild is the owner of the premises located at 35 Palm Circle Dr., Corte Madera, California 95422 and more specifically described in the Property Deed incorporated herein and attached hereto (herein after the "Premises"); WHEREAS, Landlord has leased the Premises to Ryan B. Jagger, 35 Palm Circle Dr., Corte Madera, CA California (herein after the "Tenant") pursuant to the Lease dated 95422 herewith covering the Premises, which is described in the original Lease attached hereto as Exhibit B (which lease and any extensions, modifications and renewals thereof or substitutions therefore are collectively referred to as the "Lease"); WHEREAS, Royal Enson National Bank has been asked to provide financing for Ryan B. Jagger, which financing is to be secured, among other things, by all of Ryan B. Jagger's now owned or hereafter acquired machinery, equipment, furniture, and fixtures together with all accessions to, products of and proceeds thereof (collectively the "Collateral"). NOW, THEREFORE, in consideration of the foregoing and to induce Royal Enson National Bank to grant such financing, and intending to be legally bound, the Dorian Mayhew Rothschild hereby agrees that: 1. The Lease is in full force and effect and the Dorian Mayhew Rothschild is not aware of any existing default under the Lease. 2. Ryan B. Jagger can store, utilize and install any Collateral at the Premises. 3. Any Collateral now or hereafter located upon the Premises (whether or not any or all of the Collateral would constitute realty or fixtures under any present or future law or agreement) shall be and hereby is deemed personal property and the subject of a first and prior security interest to secure Royal Enson National Bank with respect to said financing and any other obligations now or hereafter owing to Royal Enson National Bank by Ryan B. Jagger. 4. Dorian Mayhew Rothschild hereby surrenders any claim to personal property that has been affixed to the Premises. Dorian Mayhew Rothschild surrenders any and all claim to any personal property installed on the property by the Ryan B. Jagger, even if such property may be deemed to be a fixture upon the property. Said fixtures will retain their status of personal property and may be removed by the Ryan B. Jagger at will. 5. Any Dorian Mayhew Rothschild's lien, right of distraint or levy, security interest, or other interest which the Dorian Mayhew Rothschild may now or hereafter acquire in any of the
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Collateral for unpaid rent or otherwise, whether by virtue of a lease, landlord-tenant relationship, statute, the Lease, or otherwise shall be waived and released in all respects to any security interests in the Collateral now or hereafter held by Royal Enson National Bank. 6. The Royal Enson National Bank, in exercising any rights upon default by Ryan B. Jagger, may remove any of the Collateral from the Premises without any liability or obligation to Dorian Mayhew Rothschild; provided, however, that if Royal Enson National Bank shall remove any of the Collateral, Royal Enson National Bank shall reimburse Dorian Mayhew Rothschild for the reasonable and necessary cost of repair of any physical injury to the Premises directly caused by such removal, but not for any diminution in value caused by such removal. Accordingly, Royal Enson National Bank in no event, shall be required to post any bond or other security, with respect to such removal. 7. Notwithstanding the foregoing, it is understood that this Waiver by the Dorian Mayhew Rothschild shall be limited to the extent of Ryan B. Jagger's indebtedness due to the Royal Enson National Bank, plus reasonable expenses incurred by Royal Enson National Bank, and this Agreement shall not create any rights with respects to any third party. 8. This Waiver shall bind and benefit Dorian Mayhew Rothschild, Royal Enson National Bank, Ryan B. Jagger and their respective heirs, administrators, legal representatives, successors and assigns. 9. This Waiver shall be construed under and in accordance with the laws of California. 10. If any action at law or in equity is brought to enforce or interpret the provisions of this Waiver, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. IN WITNESS WHEREOF, the undersigned have executed this Waiver as of the day and year first above written. LANDLORD

____________________________________ By: Dorian Mayhew Rothschild, its Landlord

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STATE OF California COUNTY OF Marin On ____________________ before me, ________________________________, personally appeared Dorian Mayhew Rothschild, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

________________________________________ (Notary Seal) Signature of Notary Public TENANT

____________________________________ By: Ryan B. Jagger, its Tenant

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STATE OF California COUNTY OF Marin On ____________________ before me, ________________________________, personally appeared Ryan B. Jagger, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

________________________________________ (Notary Seal) Signature of Notary Public LENDER

____________________________________ By: Stacey Osbach, its Credit Manager STATE OF California COUNTY OF San Francisco On ____________________ before me, ________________________________, personally appeared Stacey Osbach, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

________________________________________ (Notary Seal) Signature of Notary Public

This is a RocketLawyer.com Legal Document

 This is a RocketLawyer.com Legal Document