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Seth’s Beach Beverages leases 750 square feet at Mulaney Court Mall. Seth Beach Beverages’ net cash flow will increase dramatically if it lets another vendor use 100 square feet of its refrigerated/freezer display case space. Seth Beach Beverages’ lease at Mulaney Court allows just this sort of arrangement (surprisingly without Mulaney Court’s advance written approval). Seth’s Beach Beverages enters into a specific written agreement with Kenward Ice Cream Confections for the use of the excess display case space Seth’s Beach Beverages has effectively entered into a sublease to Kenward Ice Cream Confections. (And the customers love the delicious combination of cool beach beverages and gourmet ice cream treats!) (Select one answer only.)

Bryant’s Burgers Franchising, Inc. offers franchise opportunities to small business operators in all 50 states. Bryant’s Burgers Franchising, Inc. is absolutely a for-profit business. It includes franchisee payment provisions based upon the following: (Select one answer only.)

Questions (41) and (42) go together: Daniel Irving, Esq. is preparing a closing. The 2013 boundary survey of the subject-property (which is raw land) showed a call along the south side of the property as North 36ᴼ 57’ 35” West 315.31’. Even though the land remains vacant, Ms. Boone ordered a new boundary survey due to the age of the original survey. The call along the south side of the property shows as South 36ᴼ 57’ 35” East 315.31’. Given this call, and assuming no other facts, the new survey can be used for the closing. Read carefully. (Select one answer only.)

Konesky FLA Properties, Inc., a Delaware corporation, has amassed 2,500 acres which straddle three central Florida counties. Due to the massive size of the parcel, and the close location of I-4 and I-75 to the property, Konesky FLA Properties, Inc.is developing that tract as a retail/restaurant “power center”, with the intent of attracting a large variety of national retailers and restaurants, hotels, entertainment facilities, and “big box” tenants. None of the three counties where the total property is located have the sole authority to approve or supervise the entirety of Konesky FLA Properties, Inc.’s development. Konesky FLA Properties, Inc. will, then, have to develop its “power center” as a _____________________, working with the Florida Department of Economic Opportunity . (Select one answer only.)

The 8675-309 Company developed the JJ Center, a town-center multipurpose property. After it finished building the JJ Center, 8675-309 quickly sold the entire center to WayneGarth Property Partners. WayneGarth, in turn, prepared a 15-year lease back to 8675-309, with three five-year options. 8675-309, in turn, subleased the units in the JJ Center to several luxury retail companies. Based upon this structure WayneGarth is able to receive the capital appreciation for the JJ Center, and a predictable, ongoing rent stream, and 8675-309 keeps all net amounts it receives from its subleases after it makes its monthly lease payments to Garth. (Assume no other facts.) This arrangement is an example of a classic “Triple Net” lease. (Select one answer only.)

Questions (43)-(44) go together: Gilbert’s Toy Store has been leasing space in the Trenton Northeast Mall from Danielle Fein & Partners Commercial Leasing for seven years. Gilbert’s Toy Store never, ever had a single problem with Trenton Northeast Mall since the lease commenced. However, Gilbert’s Toy Store missed three payments for its contents/liability insurance related to the leased suite. Danielle Fein & Partners Commercial Leasing contacted Gilbert’s Toy Store, reminded Gilbert’s Toy Store about those missed payments, and instructed Gilbert’s Toy Store to become current with its insurance obligations under the lease terms or Danielle Fein & Partners Commercial Leasing would buy insurance to protect only its own interests as landlord under the  _____________________  section of the lease. (Select one answer only.)

Continuing from the facts described in Question 43 above, Danielle Fein & Partners Commercial Leasing was notified by Gilbert’s Toy Store’s insurance company about Gilbert’s Toy Store’s missed payments to Danielle Fein & Partners Commercial Leasing because Danielle Fein & Partners Commercial Leasing was listed as a(n)  _____________________  under Gilbert’s Toy Store’s insurance policies. (Select one answer only.)

Further, as Keaton Property Developers, LP makes the determination whether it wants to accept a tenant to lease at the center, it conducts due diligence investigations on: (Select one answer only.)

A 17-year-old thin, male patient has recently been diagnosed with a 15% pneumothorax.  What should the respiratory therapist recommend?

Bill ‘n Deb’s Potato Chips Incorporated has successfully concluded negotiations with Hader Properties on the specific matter addressed in Question 33 Bill ‘n Deb’s Potato Chips Incorporated is a privately held Idaho corporation, and strictly conducts its business to be as secretive as possible. In order to remain to its core business principles, Bill ‘n Deb’s Potato Chips Incorporated insists that Hader Properties include a _____________________  clause regarding reported amounts and disclosed documents. Hader Properties agreed, Bill ‘n Deb’s Potato Chips Incorporated took occupancy, and ended up being one of Haden Properties’ “gilt-edged” tenants. So much so that Bill ‘n Deb’s Potato Chips Incorporated parlayed its business and success with Hader Properties into an international enterprise, became a franchise operation, and eventually “went public”. Assume no additional facts. (Select one answer only.)