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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

U.S. BANK TRUST NATIONAL ASSOCIATION, By and Through METROPOLITAN BANK AND TRUST, v. NIELSEN ENTERPRISES MD, et al

* * * * CIVIL NO. L-99-753

********************************************************* ORDER On January 14, 2002, the Court began a nine day bench trial. There are nine Counts in the Second Amended Complaint and a single issue in the Amended Counter-Claim which are still viable. For the reasons outlined in the Memorandum Opinion of even date, this Court hereby ENTERS JUDGMENT as follows: A. For the Plaintiff (i) under Count V, a declaratory judgment that the attempted forfeiture of the Venice Inn was invalid; under Count IX (conversion), against Defendants Venice MD, LLC, and Hagerstown Maryland, LLC, jointly and severally, in the amount of $167,750.00; under Count X (breach of covenant of quiet enjoyment), against Defendants Venice MD, LLC, and Hagerstown Maryland, LLC, jointly and severally, in the amount of $220,050.48; under Count XI (breach of third party provisions in the lease agreement), against Defendants Venice MD, LLC, and Hagerstown Maryland, LLC, jointly and severally, in the amount of $167,500.00; under Count XII (interference with a contract), against Defendants Venice MD, LLC, and Hagerstown Maryland, LLC, jointly and severally, in the amount of $167,500.00;

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for the prejudgment interest on the damages awarded under Count X, calculated at 6% per year for three years plus $36.17 per day for 17 days, against Venice MD, LLC, and Hagerstown Maryland, LLC, jointly and severally, in the amount of $40,223.98; and under the counter-claim brought by the Defendants (to offset the back taxes paid on the liquor license), Defendants are not entitled to relief and judgment is entered for the Plaintiff.

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For the Defendants (i) under Count III (declaratory judgment regarding rent payment due dates), the Plaintiff is not entitled to relief and judgment is entered for Defendants; under Count IV (specific performance of the Lease), the Plaintiff is not entitled to relief and judgment is entered for Defendants; under Count VI (equitable subrogation), the Plaintiff is not entitled to relief and judgment is entered for Defendants; under Count VII (equitable recharacterization), the Plaintiff is not entitled to relief and judgment is entered for the Defendants; and under Count XIII (fraud), the Plaintiff is not entitled to relief and judgment is entered for the Defendants.

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The damage awards in Counts IX, XI, and XII are concurrent rather than consecutive. Accordingly, a dollar paid toward the judgment on any of these counts will also be applied dollar for dollar towards the judgments on the other counts. The damage award in Count X will be consecutive to the awards in Counts IX, XI, and XII. Each side is to bear its own costs. The Court DIRECTS the clerk to CLOSE the CASE.

It is so ORDERED this 18th day of October 2002.

/s/ Benson Everett Legg United States District Judge

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