AD 440 (Rev 1490) Summons in a Col Acton JUDGE cn United States! District Court SOUTHERN _pistrict or ___NEW YORK UNITED STATES OF AMERICA, Plaintiff, SUMMONS IN A CIVIL ACTION v. CASE NUMBER: JEFFREY EPSTEIN and vee, IVAN FISHER, G ” z 54 ‘e i ¥? TO: etame and Accress of Oetenaanty IVAN FISHER 34 East 69th Street New York, NY 10021 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY (name anc address) M. CHINTA GASTON Assistant United States Attorney 100 Church Street - 1943 New York, New York 10007 an answer to the complaint which is herewith served upon you, within 60 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgrnent by default will be taken against you for the relief demanded in the complaint. WOv o4 5, PARKISON DATE EFTA00597016

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MARY JO WHITE United States Attorney By: M. CHINTA GASTON (MG - 8392) Assistant United States Attorney 100 Church Street -- 19th Floor New York, New York 10007 Tel./ (212) 385-6376 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW ai is a ee aac a mae ease eens x UNITED STATES OF AMERICA, : Plaintiff, | - against - : COMPLAINT : 96 Civ. 3307 (0c ) JEFFREY E. EPSTEIN AND IVAN FISHER, Defendants. H re ee eer eens em ee ce aT SST ea a SER x Plaintiff, the United States of America, by its attorney, Mary Jo White, United States Attorney for the Southern District of New York, for its complaint against defendants, alleges upon information and belief as follows: Le Plaintiff, the United States of America on behalf of the Office of Foreign Missions of the Department of State ({"OFM" or the "Government") is the custodian of the residence of the former Iranian Ambassador to the United Nations, which is located at 34 East 69th Street, New York, New York (the "Premises") . 2. Defendant Jeffrey E. Epstein ("Epstein") is a resident of the City of New York and party to a residential lease with OFM for the Premises. 3. Defendant Ivan Fisher ("Fisher") is a resident of the City of New York and is an unapproved subtenant currently residing at the Premises. EFTA00597017

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4. This Court has jurisdiction by virtue of 28 U.S.C. § 1345 because the United States is a party. 5. Venue in this district is proper pursuant to 28 U.S.C. § 1391 because this is the district in which the defendants reside and because this is the district in which the claim arose. 6. Although the Premises belong to the Government of Iran, OFM functions as the custodian of this and other Iranian properties that have been frozen pursuant to the International Emergency Economic Powers Act ("IEEPA"), 50 U.S.C.App. § 1701(a), and applicable Executive Orders. OFM manages and leases the Premises pursuant to the terms of a license granted by the Office of Foreign Assets Control of the United States Department of Treasury under the authority of IEEPA. 7. As property of a foreign sovereign that the United States government has frozen, and now administers, in accordance with federal law, the Premises is not subject to the New York City Rent Law and Rehabilitation Law, the New York City Rent Stabilization Law, or any other state or city law or regulation. 8. On or about February 1, 1992, the OFM entered into a written lease with Epstein for use and occupancy of the Premises. A true copy of the Lease is attached as Exhibit A and is incorporated herein by reference. 9. The term of the Lease was from February 1, 1992 through January 31, 1994. 10. On or about August 28, 1992, Epstein and OFM entered into an amendment to the Lease, which, inter alia, extended the term of the Lease through January 31, 1997 (the 2 EFTA00597018

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"Lease Amendment"). A true copy of the Lease Amendment is attached as Exhibit B and is incorporated herein by reference. The Lease Amendment was made retroactively effective to February 1, 1992. 11. The Lease requires that the Premises be occupied only by Epstein, along with his wife and children, if any, as their personal residence, and/or by Epstein's personal servants or employees. 12. The Lease also permits Epstein to have approved subtenants or assignees, but any sublet or assignment requires advance written permission from OFM. 13. Under the Lease Amendment, Epstein has a “right of first refusal" to lease the Premises again at the end of the lease term, at the then fair market rental of the Premises. 14. On or about February 1, 1992, defendant Epstein took possession of the Premises. 15. On or about January 3, 1996, Epstein vacated the Premises. Epstein did not advise OFM that he had vacated the Premises. 16. Epstein failed to make timely rent payments for February and March 1996. 11. By letter dated April 19, 1996, Epstein informed OFM, through his attorney, that he wished to sublet the Premises or assign the Lease to Ivan Fisher. 12. By letter dated April 26, 1996, the Government informed Epstein that it would not approve a sublease or assignment of the Premises to Fisher. EFTA00597019

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17. Despite the Government's refusal to approve Ivan Fisher as a subtenant, Epstein entered into a sublease for the Premises with Ivan Fisher on or about May 7, 1996 (the "Sublease"). A true copy of the Sublease is attached as Exhibit C and is incorporated herein by reference. 13. On or about May 16, 1996, a Government employee visited the premises and found that Fisher was occupying and using the Premises as his home. 14. By letter dated June 3, 1996, sent to Epstein by certified mail-return receipt requested, the Government notified Epstein that he was in default of the Lease and Lease Amendment for not occupying the Premises personally and for permitting an unapproved subtenant to occupy the Premises (the "Notice of Default"). The Notice of Default granted Epstein thirty days to cure the default. True copies of the Notice of Default and the certified mail receipt are attached as Exhibit D and incorporated herein by reference. 18. On or about July 19, 1996, a Government employee visited the Premises and confirmed that Fisher continued to occupy the Premises. 19. By letter dated August 7, 1996, sent to Epstein by certified mail-return receipt requested, the Government informed Epstein that in light of his failure to correct the default and pursuant to the terms of the Lease, the Lease would be terminated as of August 23, 1996 (the "Termination Notice"). The Termination Notice directed Epstein to have the Premises vacated and to return the keys to the OFM by August 20, 1996. True EFTA00597020

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copies of the Termination Notice and the certified mail receipt are attached as Exhibit E and incorporated herein by reference. 20. As of October 30, 1996, Epstein has not relinquished the Premises to the Government and Fisher remained in residence at the Premises. WHEREFORE, the Government prays for a judgment against defendants Epstein and Fisher: (a) terminating the Lease and Lease Amendment; (b) awarding possession of the Premises to the Government; (c) for all unpaid use and occupancy, including use and occupancy accruing and unpaid after the date of this action; (ad) for attorneys' fees and the other costs and liquidated damages specified in the lease; and (e) for such other relief as the Court deems just. Dated: New York, New York October 30, 1996 MARY JO WHITE United States Attorney for the Southern District of New York Attorney for the Plaintiff M. CHINTA GASTON (MC& - 8392) Assistant United States Attorney 100 Church Street, 19th Floor New York, New York 10007 Telephone: (212) 385-6376 EFTA00597021

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EXHIBIT A EFTA00597022

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LEASE AGREEMENT Landlord and Tenant a be to lease the Premises ai the rent and for the term stated as Landlord: OFFICE OF FOREIGN MISSIONS DEPARTMENT ATE . |. Room 2238 Tenant: Jeffrey E. Epstein Wexner Investment Company 34 East 69th Sheet New York, New York 10022 Premlsos; 34 East 69th Street, Now York, Ne cb, rary ttf mat EY, Lease Term: 3 Years; be through Jai yim 1, 1994. we USE The Premises will bo ron tony by: Tenant, his/her spouse any), and his/her children ) Gs thelr personal residence: Tanant’s parsonal servants and lomployeen and/or qi) proved subtenonts or approved assignees ond thelr fetpective famiion and for no ofher purpose. The rent ent for each month must be on the first day of thal month of Laridlende otek aa src eon Rent received jater than the tenth business semen Got cl ary month must be for east month bea @ late fee am the rent ruched tend fans m 4, nen \ chen Tenet at bad a if Tenant falls to ‘ poy on tent on time, saithave ne fhe same tig is agalnst Tenant cs i were a fetlure te hey rent, W si nt ps Macrae nes he hin’ CSF 2 sighed. Twelve thousand collars ($12,000) per month shal be * Sreats therectter on the first of each month, during the first 2 " Ee ming coon cone ronR EN eon iors er mo cr 1] on fhe first of each month tor the balance of the ern cf Ihe weve agreement. EFTA00597023

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SECURITY Al the time the tease Is signed the Tenant will give a security deposit to Landlord in the amount of $12,000. If Tenant fully complies with all the terms of this lease, Landlord will returm the security deposit fo Tenant within fifteen (15) days after the ferm ends, lord shall place the security deposit In an Interest bearing account the se tate, Tenant shall be enitied to the interest ‘comed on such security deposi, less one (1%) percentum of such Interest which Landlord may retain for administrative costs, if Tenant does not fully comply with the terms of this lease, Landlord may, following the expiration of the applicable grace and cure periods after notice, use the security deposit fo pay amounts owed by Tenant pursuant fo fhis lease. If during the course of this lease, Landlord sells the Premises, tandiord will fransfer the secutity deposit to the naret and, In that pe ny — look an i) ‘or cuty den Sung a rant eposit, Tenant may z¢ the secu’ leposit as re: shall not apply same fo the lost month's rent. UTILITIES AND SERVICE onedtonne pay for the mhinels and wines when ufllity or ofher party supplying same: 9, Water, elechtc, fuel, telephone, gardening, exterminating dion removal, The Ing sentence Is Hot intended re and does not create any third party baneficlaries or any rights In anyone nol ¢ party to this lease. An elevator maintenance service contract shall be maintained, continued and pald for by Landlord. The foregoing sentence Is not intended to and does not create fy ene party e@Cse, beneficlaties or In anyone not a Tenant shail maintain fre security one al REPAIRS, ALTERATIONS ‘~ ..§ ton Subject to the provisions of this lease, Tenant shail keep, and . gw few Gi the ond of the Nears rah nis lose, Tenant st plemcen t, furniture, and other property equipment, , therein clean and in rand repalr, but nothin conteined herein of ctherwinc is intended fo nor shell ® create In Landlord any ownership interest In gny of Tenant's Personalty; Or (il) Cause Tenant to be tasponsibie for tepalring EFTA00597024

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$e or maintaining the structural elements or roof of the Promises or the elevator therein, all of which Landlord hereby agrees to maintain and repair, Tenant shall not be responsibie for ordinary wear and tear or damage by acts of God or other similar casuatties or the elements, ff Tenant fails to maintain fhe Premises as aforesold, Landlord may, following the expiration of the applicable grace and cure periods after notice, make such repairs and charge Tenant the reasonable cost of same. Tenant may not alter, change or add fo the Premises without the advance permission of Londterd. Landiord shall have thirty calendar days following Tenant's written request for such permissions In which fo ee ten of any disapproval. Work which ts not disapproved that {ime shall be deamed approved. op or fees which may be required In connection on approved request shall be al tenant expense. All improvements done by a previous tenant Indicated on the attached list entitied ‘Chandeliers, Sconces, Mirrors,” have become the sole property of Landlord and may not be disposed of without! the Landlord's written consent. CARE OF PREMISES, GROUNDS Tenant shall keep the ds around the Premises neat and = a may be n of parked only in driveways or In FIRE, DAMAGE Tenant shall give Landlord Immediate nofice In case of fire or other damage to the Premises. Landiord wik have the right to po damage Is 80 8 cl that ft cannot be repaired with reasonable petlod of time, fo cancel this lease. Tenant shall pay tent only to the dafe of the fire or damage. If Landlord does not repalr the Premises within three months of date of damage Tenant shall have the right to terminate the lease. LABILITY Landlord shall not be fable for loss, erpenee or damage to ony person or propaty caused by Tenant, Tenant's family, guests, Inviees, Ndependent contractors or em loyees. Tenant Is responsible for all acts of fenant, Tenant's Family, employees, guests, Independent contractors and Invitees. Tenani shall not be responsible for damage caused by Landiord, his servanis, employees, independent contractors or invitees. EFTA00597025

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ASSIGNMENT, SUBLET Tenant may subiet all or pari of the Premises, or assign this tease or permit any other person to use the Fremizes with the advonce wiitien permission of Landlord, LANDLORD MAY ENTER, KRYS, SIONS xcept in cases of f° Peng a of property-threatening emergonoy, Landiord will give Tenant reasonable notice and will only enter the Premises at reasonable times, to examine, make repairs of aiterations, or to show the Premises to possible b' : lenders or tenants. Tenant shali give to Landlord keys fo all Locks may not be c! or adefitional locks Installed without Landiord’s advance consent, which consent shall not be unreasonably delayed or withheld. Doors shall be locked at all ane they are nat In use. Windows shail be locked when Tenant CONDEMNATION It alt of the premises is taken or condemned by a legal authority, the term hereof, and Tenant's rights hereunder, shall end as of the date the authority takes tile of the Premises. if'a material part of the Premises |s taken, Landlord may cancel this lecise on notice to Tenant setting forth a concellation date not less than thirty (30) from the date of the notice. Ifthe lease Is cancelied, T shail defiver the Promises award for eny takings shell be aprettionsa betes eee, n Hecate ne Riese cGeea Le ea remises on 3 any Improvem made re) and Tenant, woh onmonie penton derived from any Improvements made by Tenant. COMPLIANCE WITH AUTHORMES Tenant shail, at Tenant’s cost, promplly comply with all faws, orders, rules om directions of off governnental Feorticn pr owners’ associations, Insurance carers, Board of Fire crctedto te porto wen Yoo winch ee oe premiums, ff any, but if Tenant causes Landior '9 Insurance se to be Increased, Tenant etapa dna Same Tenant shall compensate Landlord for EFTA00597026

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-6- TENANT'S DEFAULTS AND LANDLORD'S REMEDIES A. Landlord shall give: (j) ten (10) days written notice to Tenant to cure any failure to pay rent or additional rent on time; and (ip) Ribty days wiitten notice to tenant to cure: (a) an unapproy ment of this lease, un: ‘oved su ig of all or part of the or dllowing another to use the Premises without Landiord’s 7 I; (6) uniawful conduct by Tenant or another occupent @ Promises; or (c) other default under this lease, unless same Is not susceptible to cured within the fime period set forth herein, In which event Tenant shall be enttlied to a cure period equal fo the fime period that Is necessary to cure the defaull provided Tenant Is atlempting diligently to effect such cure. B. soit Tenant falls to correct a default within the cancel this lecwe by giving fencant a widion Toh (io) ar me cance) this a @ stating the date the term will end. On that Paihia and tenant's rights In this lease shalt end ond Tenantshall leave Premises and give Landlord fhe Keys} Tenant shall continue to be Tesponsibie for reni accrued prior to such termination as well as for all ofher obligations that accrued under this lease prior to such larmination In respect of time periods prior therect. C, _ Ut this lease is cancelled, Landlord may, In addition to Its other remedies hereunder, remove any person oF ‘operty therefrom; or dispossese, eviction or fowsull meth to lake back fhe Prevaisoe — D. if the Lease is terminated as sesull of Tenant’s default hereunder perons Gil applicable grace and cure periods, Landiord may fe-rent the Premises end Le paw in tt for any term. Londiord my te-rent for a lower rent and give allowances . Tenant shal 3 fo the new tenant. 1 be responsivie for Landlord’ reasonable costs or re-renting. CORRECTING TENANT'S DEFAULT if Tenant falls to correct « default hereunder after the exptration of the applicable grace and cure ‘period following n , Landlord may correct It for Tenant at Tenont’s expense, EFTA00597027

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CANCELLATION in the event that diplomatic relations are re-established between the United States Govemment and the Goverment of fran Tenant shall be given one hundred eighty days (180) written nolice during the firs? year of the lease and one red twenty days (120) thereafter prior to the rent due date to vacate the premises without Comage to Landlord. Otherwise, except in the cases of an uncured it by Tenant of unrepalrable damage covered in the a ay ified “TENANT'S DEFAULTS AND LANDLORD'S REMEDIES" diord will not terminate this lease. ILEGALITY eat put ote nee een ail, the res? of the loase will be unaffected; provided, however, Tenant shall have no obligation under the lease if Landlord does not provide Tenant with use and occupancy and quist enjoyment of the premises. NO WAIVER Landlord’s fature to enforce any terms of this lease shall not prevent Landlord from enforcing such terms at a later time. QUIET ENJOYMENT Landlord agrees that If Tenant pays the rent and is not In default under this lease, Tenant m letly aceably and hove, hold and enjoy the premises ime term of this lease. SUCCESSORS This lease is binding on Landlord ond will inure to the benofit of all parties who lawfully succeed fo the rights or take the place of Tenant. REPRESENTATIONS, CHANGES IN LEASE Tenant has read this tease. All promises made by Landiord a more cee no chess. Bis lowe macy be only by an agreeme gned delivered to each party. ———— PARAGRAPH HEADINGS The paragraph headings are for convenience only. EFTA00597028

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-7- EFFECTIVE DATE THE lease Is effective when Landlord delivers fo Tenant a copy signed by all parties, INSURANCE Tenant shall be responsible for obtaining or seeing that Tenant's contractors Derionring the approved ean work have adequate Insurance. TENANT'S RIGHTS IF LANDLORD SELLS Should Landlord decide to sell the Premises, Tenant shall have a “right of first refusal" to purchase the Premises al a price commensurate with the current marke! value. AUTHORITY This lease ts entered Into pursuant to the Forelgn Missions Act of 1982, 22 U.S.C. 4308 (@) In that ft Is “entered Info without regard to laws and regulations otherwise applicable to ent administration, and performance of govemment NAME: Jeffiby & ipatein Wekner [nvesiment Company DATE: . J L, EFTA00597029

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EXHIBIT B EFTA00597030

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ANENUMERT KO. 1 to the Lease effective February 1, 1992 by and between Office of Foreign Missions, Department of State, as Landlord, and Jeffrey 2. Epstein, as Tenant. RIZTHUMRREATE WEEREAS, Landlord and Tenant are parties to a certain lease (the "Lease") effective as of February 1, 1992 for the use and occupancy of the premises known as 34 East 67th Streat, New York, New York (the "Prexises"); and WHEREAS, Landlord and Tenant desire to modify the terms of the Lease as provided herein. WOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreaments set forth herein, it is agreed as follows: 1. All capitalised terms used herein shall have the sane meaning as such terms are given in the Tease, unless the context Clearly requires otherwise. 2. Anything contained in the Lense to the contrary notwithstanding, the Lease tern shall be the five (5) year pariod beginning on February 1, 1992 and ending on January 31, 1997; subject howaver, during the period commencing February 1, 1992 and terminating January 31, 1995, to the Landlord's right to terminate the Lease term pursuant to the paragraph of the Lease entitled "Cancellation" on page 6 of the Lease. EFTA00597031

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3. During the period commencing upon February 1, 1995 and throughout the remainder of the term of the Lease, the paragraph of the Lease antitled "Cancellation" on page 6 of the Lease shall be amended to read as follows: Premises is relinquished by the In the event that custodial r maibility for the PB he any of State, this Lease way be terminated upon one hundred twenty (120) days written notice prior to the rent due date to vacate the Premises without damage to Landlord. Otherwise, except in the cases of an uncured default by Tenant or unreparable damage covered in the paragraph entitled - “TENANT'S DEFAULTS AND LANDLORD'S REMEDIES Landlord will not terminate this Lease. 4. The rent payable under the Lease shall be as follows: Lease Year Monthly Rent February 1, 1992-January 31, 1994 $12,000.00 Fi 1, 1994-January 31, 1995 13,000.00 February 1, 1995-January 31, 1996 14,000.00 February 1, 1996~January 31, 1997 15,000.00 Upon the termination of the Lease Tern, the Tenant sha)l have the “right of firat refusal" to release the Promises at the then fair market rental of the Premises. Except as expressly amended hereunder, the Lease shall remain in full force and effect. By! Name: 3 . al H W. Porter III (Type of Print) Title: _ Acting Director Date: Gracizce August 28, 1992 : “—- EFTA00597032

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EXHIBIT C EFTA00597033

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SUBLEASE Of the premises known as | 34 KAST oir STREET by and between JELFRIGY E. EPSTEIN, #5 Overtenant aad iVAN FISHER, as Undertenant as of May 7, 1996 EFTA00597034

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VWABLE OF CC INTENTS SUCTION PAG NUMBER i. Acase Agreement, ] 2, Overtenant’s Duties. a) 3h Authority to Deal with Lisadlord, 2 4. Term. y) 5, ‘Rent, 3 6, Secu, ily. 1 4 xB Ayccoments to Leiss and to Pay Rent. a 8. Successurs aad Assigns / 4 9. New Lease Ayrcement. 1 4 10. Improvemcnis Uwned by Overienars. 6 11, Assignment. 6 12, Indemnification, Litigation. 7 13. Entire Ayroement. 7 14. Notices, ; 7 15, Governing Law, 8 16. Waiver, 8 17, Severabiiity, 8 18. Heauings. 9 19. Counterparts, 9 A «a EFTA00597035

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aeebee Exhibit A Schedule A LABLE Oi CONTENTS (Cont'd) Tenant (including Amendme nd Jofftey F, Epstein, as nt thereof dated August 28, 1992). Schedule of Overtenant's Improvements, ary 2, 1992 by and between Office of Foreign Missions, Department of State, as Landlord, « EFTA00597036

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SUBLUASE AGREEMENT, effective as of May 7. 1996, by and between JEFFREY E. EPSTIN (the “Overtenant”), having, an address at 358 El Brillo Way, Palm Beach, Viorida 33480, and IVAN FISHER (the “Undertenant”), having an address at 34 East 69th Strect, New York, New York 10021. . SSETH: WHEREAS, the Overtenart is the tenaat of those certain premises known as, and located at, 34 East 69th Street, New York, New York 10021 (the “F'remises"), which Overtenant leases (rom the Oflice of Foreign Missions of wic Department of State of the United States of America (the “Landlord™), upon the terms azd conditions set forth in a certain Lease dated January 2, 1992 by and beiween the Lanulurd, as landlord, and the . Ovcctenant, as tenant, as amended pursuant to that certain Amendment dated August 28, i992 by and between the Landlord and the Qvericnant (the “Lease Amendment” and, together with such Lease, the “Lease Agreement”), a tric and correct copy of which Lease Ayrvoment is attuchod as Exhibit A to this Agreement; and WHEREAS, the Overicnant Uesires to sublet the Premises to the Undertenant, and the Undertenant desires to sublet the Premises from the Overtenant, upon the terms and conditions hereinafter :ict forth, NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, the parties hereto agree as follows: 1, ‘case Aureuiuent. Except as otherwise provided herein, -this Agreement is subject in al Fespecis lo the Leaxe Apreement, the terms and condiuons of which are incerporated herein by this reference as if fully set fuith herein, and subject Lo any other agreenient to which the Lease Agreement is subject. The Undertenant acknowledpes that he has read and imitialed the Lease Ayreement and will not violate any of the provisions therein anplyiny: to the Tenant thercunder. Except as otherwise provided herein, as between (he Overtenant and the Undertenanit, (a) all provisions of the Lease Agreement applying to the Overicnant shall be binding upon the Undertenant as if the Undertenant were the original Tenant under the Lust Ayreoment, und (b) ail rights of the Landlo.d provided in the Lean Agreement shall be rights of the Overtenant as if the Overtenant were the original Landlord in the Lease Agreement and the Undertenant weic the original Tenant in the Lense Agrcement. Anything to the contrary contained in this Agreement or the Loase Avreement notwithstanuing, in the event that the Undertenant commits a non-munctary breach under this Apreement or tie Lease Agreoment, this Agreement shall, at the optiva of the Overtenant, be deemed to be terminated if the Undertenant fails to cure such breach within fourtcen (14) days of notice thereof from the EFTA00597037

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The Overtenant represents that, after the execution of this Aureeme.n, he will not violate any provision of the Lease Aurcemeni, except for any breach of the Lease Agreement caused by the Undertenant, The Overtenant further represents that he has paid all rent requircd to be paid to the Landiord under the Lease Agreement through the month ef April 1996 and that, promptly after he receives from the Unidertenant cach month's rent from and afer the moni: of May 1996 through the end of tie “Sub‘sise Term” (as hereina‘ler defined), he will Pay the corresponding rent payment to the Landlord under the Lease Agreeient, ; . Ail capitalized terms used and not otherwise defined Erein shall have the meanings ascrived io such terms in the Lease Agreement. The terms, conditions and Provisions of this Aprecment shall supersede the Lease Agreement to the extent that such icons, conditions ac! pravisions directly contravene those of the Lease Agreement. Notwithstanding anythip to the conirary provided in the jorceoing, the Undertenant shall have no right of first refusal to purchase the Premises in the event that the Landlord should decide to sell tie: same. 2. Overtenunt's, Rulics. ‘The Lease Agreement describes the Landlerd’s duties. The Overtenant shal] not be obligaicd under this Aureement to perform the Landlord's duuics under the Lease Agreement. If the Landlord fails to perform its duties under the Lease Agreement, the Uadertenant shall give the Overtenant notice of such faituce, whereupon the Overteaant shall prompily give notice to the Landiyrd Of suci: failure and Ueiisad Laat the Larallord perform its duties under the Lease Agreement which it aued to perform, The Overtenant shall send to the Undertenunt a copy of cach of the Overienant's notives of default and demands to cure to the Landlord, prompily aller the Overtenant sends the same to the Landlord, In the event that the Overtenant fails to yive nolice of such failure to the Landlord within a reasonable period of time after the Overienant recvives notice of such failure from the Undlertenaat. then the Undertunant Hil contact the Lateliord directly and demand the Landlord's compliance. In the event that it is necessary te initiate leyai action to compe! the Landioru's compliance wiih respect to ‘15 obligations uades the Lease Ajsrecment, such leyal action shall be at Lhe sole Cust cid expense of the Undertenaat; provided, however, that the Overtenant will Comperate with the Undertonant in all rea:nabie respects, incinding by consenting, to bei 2 witd as a, or the sole, party thereto, in connection with any such Icyal action comuienced by the Undertenant, ; 3. Authnrity is. Deal_with_ Landlord. Excent as provided in ihis Agreement, the Undertenant shall have no authority to contact, enter into agrcements or make arrangements with, complain or send notives to, or otherwise deal with, the Landlord. The Uadertenant shal: not pay rent or other charges uader this Agrecment to the Landiord and shall pay all such sent and other charges directly to the Overtenant, , « 4 Yerm, The term of this Agreement shall commence on the date hereof and sivall tenninate on January 31, 1997, unless sooner terminated or canceled by the Overtenant as hereinafter Provided or renewed or extended as hereinafter provided EFTA00597038

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(the “Sublease Ty mn"). As between the Overtenant and the Undertonant, tie Overtenant shall have the suine rights to terminate and cancel this Agrcement and to cure the Undertenant’s defaults under this Agreement and/or the Lease Agreement as the f Andiord has to (ermine or cance! the Lease Agreement and cure the defaults 2 the Overtenant under the Leese Agreetent. In the event that the Overtenant breaches the Lease Apreement and fuils to timely eure the same (as provided in the Lease Agreement), then the Undertenant shali have the right to cure such breach in order to Prevent the termination of the Lease Aurcement. In the event that the Undertenant cures such breach, he shall be citited to fevover all reasonable cosis and expenses incurred by the Undertenant in curiny, the same, #4 the event that the Landiord institutes Jeysal Proceedings ty ters.;.aate the Lease Aureemett un the grouncs that this Agreement Was ciiered into, and that the Undertenant has taken POSSession OF lie Premises, without the Landlord's approval, the Overtenant shall take all Steps necessary to defend this Agreement and the Undertenant’s Possession of the Premmses hercunder as being in compliance with the Lease Agreement, In the event that, as a result of Such procecdiays, the Undertenant is_invoiuntarily disposszised of, or otherwise forced, pursuact to a valid warrant of eviction or other order similar in effect, to vaale, the Pecmises, thea this Agreement shail be terminated as of the date of such dispassession or eviction, In the event of such dipossession of eviction, the Undertenant shail not be liable to pay the Overtenant installments of Rent for any months svbsequent tu ths date of such dispossession or eviction, but shail remain liable for all unyaid instailiaents of Rent for periods prior iv the date of such Gispossession or evictica, Ts the event of such a Gispossession or aa eviction, the Underienant acknowledyes that the Overtenant shall have no further liability to the Undertenant, under this Agreement or otherwise, in connecuon with the Promises, except that the Overtenant shall return to the Undertenant' any portion of the Security Deposit (as hereinafter defined) duc to- the Undertenant in accordance with Section 6 hereof and refund a PIQ rata portion of the Reat installment paid for the manth during which such dispossession or eviction took place, based upon the number of days remaininy in such month afler the date of disposscssion or eviction. $ Rent. The Undertenant shall pay the Overtenant rent for the Undertenant’s use and Occupancy of the Premises during the Sublease Term (excluding any extensions or renewals of the Sublease Term) in the aggreyate amount of One Uundred — Seveat-Seven Thousand Nincty-Six and Seventy-Seven unciredths ($177,096.77) Doliars (the “Rent"). The Undertenant shall pay the Overtenanit tie Rent in nine (9) monthly installments, The first such installment, consisting of Soventcen Thousand Ninety-Six ‘and Seventy-Seven Hundredths (317,096.77) Dollars, shall be duc from the Uncertenant upon the execution of this Agreoment. Each of the ight (8) Successive installments thereafter Shall be in the amount of Twenty Thousand ($20,000) Dollars and shall be duc on cach of the first (1st) day of June 1996 and the first (Ist) day Of cach of the seven successive months thereafter, In the event that this Agrecment is “extended as provided in Section 9 hereof, then the Undertenant shall pay the Overtenant additional reat as provided in Section 9 hercof on the first (1st) day of cach nionth during ' Pa) EFTA00597039

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such caicaded term of this Agreement ior the Unuertenant’s use and vccup: vy of the Premises dusig; such extended tam. A late fee shall be assessed against the Undertenant for cach iastallmerst of Rent or additional reni, or portion thereof, which is received by the Overtesaat after the tenth (10th) day of the month in which sich installment of Rent ory addivonal reat is dus hereunder, Such late fee shall be qual to two (2%) percent of the tenth (10th) day and will be paid upon demand by the Overtenant, Il the Undericnant fails to pay any sucii late [ee promptly afer the Overtenant makes de.ind for the same, then the Overtenant. shall have the same rights against the Undertenant for such failure to pay as the Overtenant would have ayainat the Undertenant in Uc event that the Undertenant failed to pay any installment of Rent or additional rent due under this Agreemeat, 6. xcutily As security for the faithful and timely performance by the " Undertenant of his ovlizations under, and compliance by the Undertenant with, the Agreement (the “Security Deposit"). The Overtenant shall hold and apply and/or return the Security Degusit in the same manner as the Landlord is required to hold, apply and/or return the Overiguant's security deposit pursuant to the Lease Agrecment. 7. Axureements toLcase and to Pay Kent. The Overtenant shall sublet the Premises to the Undertenant, and the Undertenant shall sublet the Premises from the Overtenant, upo. the terms, conditions and other provisions set forth in titis Agreement. The Undertenant agrees to pay the Rent and additional rent under this Agreement and other charges required to be paid under this Agreement or the Lease Agreement and to comply with every‘provision of this Agrecraent and the Lease Agrcement with which he is hereunder required to comply. 8. Successors and Assiyns. This Agreement is binding upon, and shail inure to ite benchil of, the parties hereto, and the permitted SuCCeSSOr'S, assigns, heirs, and legai representatives thereof, 9. New Lease Apreereat, (a) Tlie Lease Term of the Lease Agreement expires on January 31, 1997. In the event that the Lease Ap: is renewed or exiended or tho Landlord eters into a new lease ayrcement with the Overtenant or the Undertenant with respect to the use and occupancy of tae Promises after the expiration of the Lease Term of the Lease Agrecment (whether by passage of time, termination or cancellation), then: “) itt the event that the Lease Agreement is extended or enewed and the rent required to be paid under the terms of the extended or renewed Lease Agreement is not in excess of Twerty Thousand ($20,900) Dollars per month, this Agreement shall sutomaiically be deemeti to be extended for the full term of the extended OF renewed Les: /.yreoment, and all of the provisions hercof shall cyually apply to the | { EFTA00597040

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extension of this Agreement, except that rent charged under this Agrcement for the extended term hereof shall be equal to the rent charged under the Provisions of the extended or renuwed Lease Agreement; (ii) in the event that the Overtenant enters into such a new lease agreement with the Landlord and the rent required to be paid under the terms of the new lease ayreement is not in excess of Twenty Thousand ($20,000) Dollars per month, then the Overienant and the Undertenant shall automatically be deemed to have entered into a new sublease Ayrecient, upon the terms, conditions and provisions set forth in this Ayrecinent, except that rent charged under the new sublease ayreement shall be cqual to the rent charged under the provisions of the new lease agreement; or : (iii) in the event that the Undertenani enters into such a new lease agreement with the Landiurd, then at the end of the Subicase Term, the Overtenant shall have no furiher liability to the Undertenant, execpt to return any portion of the Security Deposit which Wis NOL applied in accordance with Scction 6 hereof, and the Undertenant shall have no further obligations to the Overtenant under thig Agreement, except for those oblizations arising prior te ac end of the Subicase Term and except as hercinafter set forth, (b) In the event that the Lease Agreement is extended or Undertenant wit! respect to the use and occupancy of the Promises for a term of no less than three (3) yeurs aller the expiralon of the Lease Term of the Lease Agreement (whether by passage of time, termination or cancellation), then, promptly after the Overtenant gives the Undertenant twice of such extension, renewal or of the Landlord's being; ready, willing and ably to enter into the new leas: agreement, the Undertenant shall pay the Ovurtenant the sum of Hily-Five ‘thousand ($55,000) Dolluzs, representing payment to the Overtenant for the Undertenant's use of improvements made by the Overtenant to the Premises; Provided, however, that, if the rent required to be paid under the terms of any such renewed, extended or new lease ayre::ment is in excess of swenty Thousand (420,000) Dutiars per month, then the Undertenant shall have no obligation to pay such Filly-live Thousand (355,000) Doiiar sum to the Overtenant, unless the Undertenant agrees acvertheless to contimic to occupy the Premises during the term of such extended, renewed or new Icase agreement. (©) Unless cae Undertenant obtains the Landlord's agtecnicnt to enter into a vew icase agreement with the Undertcnant at the end of the Lease Terra, the Overtenant shill tke ati Sieps nevessary to cause the Lease Agreement to be renewed or extesded ia accoruance with the term: thereof, including, without limitation, Coniimencing an:° maintaining, at the Overtenant's sole cost and expense, leyal Proceedings, including Wis and appellate court proceedings, in a court of competent jurisdiction. EFTA00597041

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(d) In the event that the Landlord consents, during the initial Sublease ‘Term ar any extended terin of this Agrccmont, to the Overtonant’s assiznment of ils nyhts and obligations under the Lease Agreement to the Undertenant, then, upon notice given by the Overtenant to the Undertenant of such consent, the Undertenant shall he deemed to have accepted such an assiynment from the Overtenant and to have assumed all of the obligations to be performed by the Overtenant thereunder from and after the date of such notice, fn the event that, at any time prior to the expiration of the initial Sublease Term, such assix:iment and Assuiiption takes place, the Lindlord terminates the Lease Agreement and enters into a new lease ayrecment with the Undertenant, or the Overtenant terminates this Agvcunicat as 4 result of a breach of this Agrecinent or the Lease Agreemun’ by the Under iunant, thea tipon such assignment, the execution by the Landiord and the Undertenant ¢ such new Iwase agreement, or the termination of this Agreement as a result of such breach, as the case may be, the Undertenant shail pay the Overtenant for imprevoments tae by the Overtenant to the Premises an amount equal to the difference of (i) One Liundred Thousand ($100,000) Dollurs, less (ii) the product of $5,000 multiplied by the sumber of installments of Kent which the Undertenant had already paid to the Overtenani as uf ths date of such assigninent, execution or termination, as the case may be, From and after the date of Such assignment, execution or termination, as the case may be, ncither party hereto shill have aay further liability to the other party hereto, under this Agreement or otherwise, except that tie Undertenant shali be liable to the Overtenant for the foregoing paymicnt and for all installments of Rent duc through the date of such ‘ssigament and assumption. Tn the event of such assignment and assumption, the Overterant may, xl its discretion, assign the Security Deposit to the Landlord in excliange for the release of ail or a portion of the security deposit of the Overtenant which is then being held by the Landlord. 10. Improvements Qwned by Qvericnant. The Underteriant acknowledges (ha: alt Property listed on the schedule attached to the Lease Apreement Which is eriitled “Chandeliers, Sconces and Mirrors,” all improvements listed on Schedule A attaches hersto, and all hardware or other property constituting part of the alarm sysicm for tie Premises are the suie Property of the Overtenant and shall not be disposed of without the Overtenant’s Prior written consent, which consent may be granted or withheld in the sole, absolute and unfettered discretion of the Overtenact, The Uadertenan: acknuwledyes that the Overtenant is a party to an agreement relating to the Security alarm system for the Premiies and ayrecs to assume, be bound by and fully perforin the Overtenant’s Obligations under said agreement. . 1, Assignmes{. The Overtenant may not assign this Azrcement , its rights ad obligations hervunder withuut the prior consent of the Undertenant, which consent shall not be wnreasvhably withheld. In the event that the Overtcnunt assigns this Agreement, then the Undertenant shall no longer be subject to the restrictions set forth in Section 3 cf this Arreement relating to the Undertenant's dealing with the Landlord, The Undertenant shall: not assign this Agreement or subiet the Premises without the prior consent of the Overtenan’, which Consent may ive yranted or withheld in the sole, absolute and unfettered diserction of the Overtenant. ‘ EFTA00597042

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12. Indemnification: Litigation, (a) The Undertenant shall indemnify the Overtenant and hold the Overicnant harriiess from and ayainst any and all liabilities and losses suffered by the Overtenant (inchidiny, without limitation, amounts paid in respect of judgments or fines or in settlement of fityation and expenses, including attorney's tees, reasonably incurred by the Overtenant in connection with any pendiny or threatened litipation or Procecding:) arising out of, relating to, or connected with, in anyway whatsoever, the Undertenant's cougsitcy of the Promises and/or the Undertenant’s failure to comply with the Provisions of iis Ayrcericat and/or the Lease Agreement. (b) Notwithstanding, anything to the contrary provided in this Agreement, the Overtenunt shall not be deomed under any provision of this Ayroement to linsitation, atlomcy’s foes and disbursemcals) in excess of Fiy Thousad ($50,000) Dollars for, as a result of and/or in connection with all lenal proceedings under, in respect of, arisiny out of ve relating lo, this Ayreement and/or the Lease Agreement. ly ihe event Gat said aggrepyate expenses and ‘costs of the Overtenant exceed sith amount and the Overtenant desires to discoaunue ils j:articipation in any such legal proceeding, the Overienant shall not discontinue its Participation in such proceeding for so long as the Underienaiit pays ail of the Overtcnant’s costs and expcases in excess of uch aggrepate 13. Entire Agreement. This Aureement contains the entire agreement Of the parties hereto concerning the subject matter hereof, and supersedes any and all Prior ayreements ariong the parties hereto concerning the subject matter hercof, which Prior agreemeuts are hereby canceled. This Agreement may only be changed, modiiied or amended by an s:reement in writing, signed by the partics hereto, 14. Nottees. All notices, requests, reports, instructions, consents and ether communivaiions required or Permitted to be piven under this Agreement shall be in writing and shall be decmed to haye been duly sent or given, if delivered by hand or certified mail, return receipt requested, postage prepaid, to the paities hereto at the following addresses (or to such othor address as shall be Specified by like notice, provided that notices of a change of address shall be effective only upon receipt thereof): (@) ito the Overtenant, to: Jefirey E. Epstein 358 El Brilio Way rn te er Palm Beach, Florida 33480 EFTA00597043

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with a copy to: Jefirey A. Schantz, Esq. J. Epstein & Company 457 Mauison Avenue 4th Floor New York, New York 10022 (>) ifto.the Unde ricnant, to: Ivan Fisher 34 [ant 69th Street New York, New York 10021 Notices delivered by hand shall be effective upon delivery, and notic.s sent by certified miul, cviura receijt seyuested, postage prepaid, shall ie effective five days aer dispatch, Id. Guyerume Law. This Agreement shall be governed by, and construed and cufurced in accordance with, the laws of the State of New York applicable to contracts exesuted usd to be lully performed therein, witout giving eticct to conflicts of law principals thereof, 1G, Waiver, No failure or delay on the part of any party hereto in the exercise of any power, rizht, or privilege he- cunder or under the Lease Agreement shall constitute a waiver (hereof, nor shall any single or partial exercise of any such power, right and privilegé” constitute a further waiver thereof or of any other provision of this Agreement or the Lease Agreement. Ail fights and remedies existing under this Agreement and tlie Lease Agrecment are cumulative of, and not exclusive Of, any rights or remodits otherwise available, 17, Severalility. Any term ar provision of this Aurecment or the Lease Agreement that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, , be ineffective w the extent of such invalidity or unenforceablility without renécring invalid! or unenforceable the remajniny terms and Provisions of this Ayreement and the Lease Agreement or allecting the valulity or enforceability of any of the terms or provisions of this Agreement and the Lease Agreement in any other jurisdiction, The parties hereto expressly acknowlocige that this Agreement and the Lease Agreement embodies their of suci. invalid or unenforceable part of this Agreement oz the Lease Agreement in a manner that is lawful aij cnforceablo, . “ oh & EFTA00597044

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18. Eleadines,? The Section headings uscd in this Agreement are for convenience of reference only and shall not be construed as imparting, limiting or expanding any meaning of the provisions of this Avreement which follow such headings. 19. Counterparts. Fur the convenierse of the Partics hereto, any number of counterparts of this Agreement may executed by the Parties: hereto, and cach such executed counterpart shall bc, and shall be deemed to be, an Original hereof, and all of such counteipurts ivycther shall be one and the same instrunent, ‘ IN WITNESS wy EREOP, the parties hereto have exccutcd this Agreement as of the date of the diy, month and year first above writ : The Overtensant: Ta EFTA00597045

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ly SCHEDULE A SCHEDULE OF OVERTENANT’S IMPROVEMENTS The iclephouc system on the Premises, All curtains on the Premixcs located in the following rooms: the living room, the dining room and the study, All lighting fixtures on the Premises, except those sei forth in the attachment to the Lease Agreement entitled “Chandeliors, Sconces, Mirrors.” 1 ‘All carpeting on the Premises. All equipment on the Premises located in the steam zoom, The window air conditioning units on the Premises located in the following rooms: the exercise room, the master bedroom, and the main kitchen. Tae large refrigerator located on the Premises in the 6th floor kitchen, ‘ we age EFTA00597046

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EXHIBIT D EFTA00597047

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United States Department of State Office of Foreign Missions Washington, 20520 June 3, 1996 CERTIFIED MAIL -- RETURN RECEIPT REQUESTED Jeffrey E. Epstein J. Epstein & Company, Inc. The Villard House 457 Madison Avenue New York, New York 10002 Re: 34 East 69th Street, New York, New York Dear Mr. Epstein: I write to inform you that you are in violation of the lease that you entered into as of February 2, 1992, as amended, with the Office of Foreign Missions of the Department of State (“OFM”) for the above-referenced property (the “Lease”). The first paragraph of the Lease, which is entitled “USE,” requires that premises be occupied by: (i) Tenant, his/her spouse (if any), and his/her children (if any) as their personal residence; (ii) Tenant’s personal servants and employees; and/or (iii) approved subtenants or approved assignees and their respective families and for no other purpose. I understand that you are no longer residing at the premises. I further understand that you are permitting a Mr. Ivan Fisher to use the premises. The Lease requires that either you and your family or retinue, or an approved subtenant, occupy the premises. As you know, Mr. Fisher is not an approved subtenant under the Lease. See April 26, 1996 Letter from Thomas Burns to Jeffrey A. Schantz. Nor does Mr. Fisher appear to be your personal servant or employee. Mr. Fisher does not have OFM’s permission to use the premises. Accordingly, you are in violation of the “USE” provision of the Lease. This letter constitutes formal notice of your default under the Lease. Pursuant to the section of the Lease entitled “Tenant’s Defaults and Remedies,” you are entitled to thirty days to cure “an unapproved EFTA00597048

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assignment of this lease, unapproved subletting all or part of the Premises or allowing another to use the Premises without the Landlord’s approval .. . or any other default under the lease.” Please cure this default immediately by having Mr. Fisher leave the premises permanently and by reoccupying the premises yourself. If you have not cured your default within thirty days after receipt of this letter, the Office of Foreign Missions will exercise its rights, as set forth in the Lease as well as under state and federal law. Sincerely, HetexeE Bax )y Thomas E. Burns Deputy Director cc: Mr. Jeffrey Schantz J. Epstein & Company The Villard House 457 Madison Avenue New York, New York 10002 EFTA00597049

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=Compiete items 1 and/or 2 for additional services. items 3, 4a, and 4b. following services (for an =Print your name and address on the reverse of this form so that we can return this extra fee): eset yet Attach this form to the front of the mailpiece, or on the back if space does not “Retum Receipt Requested’ on the mailpiece below the article number. = The Return Receipt will show to whom the article was delivered and the date Thank you for using Return Recelpt Service. Is your RETURN ADDRESS completed on the reverse side? EFTA00597050

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EXHIBIT E EFTA00597051

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United States Department of State Office of Foreign Missions Washington, . 20520 August 7, 1996 CERTIFIED MAIL -- RETURN RECEIPT REQUESTED Jeffrey E. Epstein J. Epstein & Company, Inc. The Villard House 457 Madison Avenue New York, New York 10002 Re: 34 East 69th Street, New York, New York Dear Mr. Epstein: By letter dated June 3, 1996, this office issued you a formal notice of default under the terms of the lease that you entered into as of February 1, 1992, as amended, with the Office of Foreign Missions of the Department of State (“OFM”) for the above referenced property (the “Lease”). As set forth in that letter, you were entitled to thirty days to cure your default by having the unapproved subtenant, Mr. Fisher, vacate the premise and by reoccupying the premises yourself. As of July 25, 1996, however, Mr. Fisher continued to occupy the premises. I therefore regret to inform you that, in accordance with paragraph B of the Lease section entitled “Tenant’s Defaults and Landlord’s Remedies,” the Lease will be terminated as of August 23, 1996. Please have Mr. Fisher vacate the premises on or before that date. In addition, please return all keys to the premises to OFM’s Office in New York at 866 UN Plaza, Suite 265. ~ Sincerely a Thomas E. Burns, Jr. Deputy Director cc: Jeffrey A. Schantz, Esq. J. Epstein & Company, Inc. The Villard House 457 Madison Avenue New York, New York 10002 EFTA00597052

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's your RETURN ADDRESS completed on the reverse side? = ND A: scOmeete Roms 1 andlor 2 for adciéonal service. | also wish to receive tho ‘Complete items 3, 4a, and lowing services (for Pret your name and eadress on the reverse of his fom so hat ve can retum ie extra fee): ( i "Attach this frm to the front ofthe maipiece, or onthe back space does not 1. 0 Addressee's Address te’Retum Receipt Requested" on the mailpiece below the article number. ; Ths Retum Recelp wil showr'o whom teenie aaah 2. O) Restricted Delivery delivered, Consult postmaster for fee. Pine Epon — prs aon. 348 Thank you for using Return Receipt Service. J.tps + wg 14. teen Tl Dilla [4s D0 Express Mail Oi insured 4ST Whadaser Hop O Retum Fofot for Maghnandse O COD 7 DY [C00 PAPI ICL 5. Received By: (Print Name) 8. Addressee's Address (O requested ~ and fee is paid) 6. Signatufet (Address PS Forn 3811, December 1994 Domestic Return Receipt EFTA00597053