ENTRY OF DEFAULT JUDGMENT AS TO DEFENDANT C&H INVESTMENT COMPANY LP

GREGORY L. FROST, District Judge.

Upon the Motion for Entry of Default Judgment of the Plaintiff, Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-CIBC18, Commercial Mortgage Pass-Through Certificates, Series 2008-CIBC18 ("Plaintiff"), and for good cause shown, it is, on this 16 day of November, 2015 hereby:

ORDERED, ADJUDGED, AND DECREED that Defendant C&H Investment Company LP ("Defendant" or "C&H") has failed to answer, plead or otherwise respond to Plaintiff's Second Amended Complaint within the applicable time limit set forth in the Federal Rules of Civil Procedure, and, therefore, judgment is entered in favor of Plaintiff, Wells Fargo Bank, N.A., as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-CIBC18, Commercial Mortgage Pass-Through Certificates, Series 2008-CIBC18, and against Defendant, C&H Investment Company LP, as follows:

1. That certain Declaration of Restrictive Covenant (the "Restrictive Covenant") executed by Defendant Johnstown Plaza Holdings Company, LLC ("Johnstown") for the benefit of Defendant Advance Company Stores, Incorporated, and Defendant C&H as owner of the benefited property, dated August 3, 2012 and recorded on October 2, 2013 with the Recorder's Office as Instrument Number 201210020022742, is hereby foreclosed and cancelled. A true and correct copy of the Restrictive Covenant is attached hereto and made a part hereof as Exhibit "A";

2. All right, title, lien and equity of redemption which said Defendant C&H and all those claiming by, through or under it have or had in the Mortgaged Property as described in Exhibit "B" attached hereto is foreclosed, and the Mortgaged Property shall be sold free and clear of said interests;

3. Defendant C&H has knowingly and voluntarily waived any and all statutory right of redemption, which Defendant C&H and all those claiming by, through or under it has or had in the Mortgaged Property.

IT IS SO ORDERED.

EXHIBIT A

DECLARATION OF RESTRICTIVE COVENANT

This DECLARATION OF RESTRICTIVE COVENANT (the "Declaration") is made as of this 3rd day of August, 2012, by JOHNSTOWN PLAZA HOLDING COMPANY, LLC, an Ohio limited liability company (hereafter referred to as "Grantor"), having an address of 3016 Maryland Avenue, Columbus, Ohio 43209, in favor of ADVANCE STORES COMPANY, INCORPORATED, a Virginia corporation (hereafter referred to as "Advance"), having an address of 5008 Airport Road, Roanoke, Virginia 24012, to be indexed as grantee.

WITNESSETH:

WHEREAS, Grantor is party to that certain Agreement Of Purchase And Sale dated April 9, 2012, between Plaza Coshocton Street Realty, LLC, an Ohio limited liability company whose address is 3016 Maryland Avenue, Columbus, Ohio 43209 and J. Fergus, Inc., an Ohio corporation whose address is 8377 Greets Meadows Dr. N, Suite A. Lewis Center, Ohio 43035, whereby J. Fergus, Inc. agreed to purchase that certain parcel of property located in the Village of Johnstown, Licking County, Ohio, and being mom particularly described on EXHIBIT "A" attached hereto and incorporated herein by reference (the "Benefited Property") in order for J. Fergus, Inc. to redevelop the Benefited Property for Advance's use and occupancy, and

WHEREAS, as a part of the purchase of the Benefited Property by J. Fergus, Inc., Grantor has agreed to place a restrictive covenant on all real property presently owned, or hereafter acquired, by Grantor and located within two (2) mires of the Benefited Property (specifically excluding the Benefited Property, the "Burdened Property") in favor of the Benefited Property. Aft reef property presently owned by Grantor and located within two (2) miles of the Benefited Property, if any, and thus included in the Burdened Property, is described on EXHIBIT "B" attached hereto and incorporated herein by reference.

NOW, THEREFORE, In consideration of these premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor, for itself and for subsequent owners of the Burdened Property, does hereby declare that the Burdened Property shall he held, sold and conveyed subject to the following restrictive covenant, which is for die purpose of protecting the value, use, enjoyment and desirability of the Benefited Property, and which shall run with the land and shall be binding on rill parties having any right, title or interest in the Burdened Property or any part thereof, their successors end assigns, mid shall inure to the use, benefit and enjoyment of the owner of the Benefited Property, or any pal thereof, their heirs, successors and assigns:

1. Restrictive Covenant. Neither Grantor nor any stockholder, member, partner, beneficiary, successor, assign, representative, heir, subsidiary or affiliate of Grantor, nor any person(s) or entity(ies) having a direct or indirect interest in Grantor, shall, either directly or indirectly, own, occupy or operate, or sell, (case, or otherwise transfer to any person or entity, or permit any person or entity to occupy, any lend, building, premises or space, whether presently owned or hereafter acquired, located within two (2) miles of the Benefited Property, for the purpose of conducting a business similar to that of Advance Auto Parts whose primary purpose is the sale, display or rental of automotive parts, accessories, supplies and/or maintenance items (the "Restricted Use") for the longer of a period of twenty (20) years after the date hereof or So long as the Benefited Property or any portion thereof is used for the Restricted Use. In addition, neither Grantor nor any stockholder, member, partner, beneficiary, successor, assign, representative, heir, subsidiary or affiliate of Grantor, nor any person(s) or entity(tes) having a direct or indirect interest In Grantor, shall lease, sell or otherwise transfer or convey any such premises without imposing thereon a restriction to secure compliance herewith, or permit any tenant or occupant of any such premises or any part thereof to sublet or assign in any manner, directly or indirectly, any part thereof to any person, firm, corporation or other entity engaged in any such business described above, without the prior written consent of Advance, which consent may be withheld by Advance In Advance's sole discretion,

2. Rights and Remedies of Advance. Advance shall, in the event that there is a breach of any of the provisions above, have the following rights and remedies, none of which shall be exclusive of the other remedies or any other remedy otherwise available to Advance: (i) Advance may institute proceedings to enjoin the violation; and (i) Grantor shall protect, defend, indemnify arid hold Advance harmless from all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) sustained or incurred in connection with any proceedings instituted by Advance as a result of any such breach.

3. Governing Low. This Agreement is to be governed, construed and enforced in accordance with the laws of the State of Ohio.

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IN WITNESS WHEREOF, Grantor has caused this Declaration or Restrictive Covenant to be signed in its name by its duly authorized officer, the day and year first above written.

EXHIBIT "A"

BENEFITED PROPERTY

LEGAL DESCRIPTION

Situated in the State of Ohio, County of Licking, Village of Johnstown, being part of Lots 1 and 4, of Johnstown Village Square, as numbered and delineated in Plat Rook 14, Page 21, as conveyed to JOHNSTOWN PLAZA LTD. PARTNERSHIP, of record in Instrument Number 199908730035390, which includes a 0.864 acre tract out of Lot 4 and a 0.186 acre tract out of Lot 1, (record references to those of the Recorder's Office, Licking County, Ohio), and being more particularly bounded and described as follows:

Beginning at an iron pin found et the original northwest corner of said Lot I, and being the southwest corner of said 0.186 acre tract, the northeact corner of a 6.168 acts tract conveyed to Number-62 Properties, LLC, of record in Instrument Mutates 200608730024480 and being on the southerly line of Columbus-Millersburg Road (100 whet wide), also known as State Route 62 and West Coshocton Street, and being the POINT OF BEGINNING of the parcel herein described;

thence northeasterly with the southerly line of said Columbus-Millersburg Road, the north line of Lots 1 end 4 and the north line of said 0.186 acre tract, North 60° 25' 08' East, passing a iron pin band at 42.70 fax, a total distance of 237.70 feet to a southwesterly corner of Lest 1 and the northeasterly corner of Lot 4, referenced by an iron pin found 0.55' north;

thence southeasterly, with the northeasterly line of said Lot 4, and a southwesterly lint of said Lot 1, South 29° 44' 47' East, 192.70 feet to a nag nail found, said nail being the northeasterly corner of a 0.143 acre tract as conveyed to Johnstown LTD. Partnership, of record in Instrument Number 199903230035389:

thence crossing said Lots 1 and 4, and with the south line of said 0.864 acre tract and the north line of mid 0.143 acre tract, South 60° 19' 40' West, 236.09 feet to a iron pin found, said iron pin being on the northeasterly fine of said 6.168 acre tract, also being the southeast corner of said 0.186 acre tract;

thence with the southerly line of said 0.186 acre tract, and the northerly line of said 6.168 acre tract North 30° 13' 21' West, 193.10 feet to the POINT OF BEGINNING, said described tract of lend containing 1.050 acres, more or less.

Basis of Bearing: centerline of Columbus-Mittersburg Road, as described in Plat of Johnstown Village Square, Plat Book 14, Page 21, belong North 60° 25' 08' East.

This description was prepared by Matthew Ferris, Registered Surveyor No. 8230, E.P. Ferris & Associates, Inc. on December 19, 2006.

Parcel No. 053-174276-00.004

EXHIBIT "B"

BURDENED PROPERTY

LEGAL DESCRIPTION

Situated in the State of Ohio, County of Licking, Village of Johnstown, being pit of Lot I, (9.507 acres), and all of Lot 2, (1.435 acres), of Johnstown Village Square, as numbered and delineated in Plat Book 14, Page 21, said Lots 1 and 2, conveyed to JOHNSTOWN VILLAGE SQUARE, of record in O.R. 509, Page 528, and being all of a 0.143 acre tract conveyed to JOHNSTOWN PLAZA LTD. PARTNERSHIP, of record in Instrument Number 199908230035389, (record references so those of the Recorder's Office, Licking County, Ohio), and being more particularly bounded and described as follows:

Commencing at an iron pin found at the original northwest corner of said Lot I, and being the southwest corner of a 0.186 acre tract, conveyed to Johnstown Plaza LTD. Partnership, of record in Instrument Number 199908230035390, the northeast corner of a 6.168 acre tract conveyed to Number-62 Properties. LLC, of record In Instrument Number 200608230024480 and being on the southerly line of Columbus-Millersburg Read (100 feet wide), also known as State Route 62 and West Coshocton Street;

thence northeasterly with the southerly line of said Columbus-Millersburg Road, the north line of said 0.186 acre tract and the north line of said Lot I, North 60° 25' 08' East, passing a iron pin found at 42.70 foes a total distance of 237.70 feet to a point referenced by an iron pin found 0.55 feet north, said point being the northeast comer of said Lot 4, and a northwest corner of said Lot 1 and being the POINT OF BEGINNING of the parcel herein described;

thence northeasterly continuing with the southeasterly line of Columbus-Millersburg Road, and the north line of said Lot I, North 60° 25' 08' East, 74.00 fed to a iron pin set, said iron pin being the northwest coiner of Lot 3 of said Johnstown Village Square;

thence leaving the southeasterly line of Columbus-Millersburg Road, with the southwesterly line of said Lot 3 and the northeasterly line of Lot South 29° 34' 52' East, 192.70 feet to an iron pin set, said iron pin being the southwesterly corner of said Lot 3 and a northeasterly corner of Lot I;

thence northeasterly along the southeasterly line of said Lot 3 and the northwesterly lint of Lot I, North 60° 25' 08' East, 268.00 feet to a iron pin found, said iron pin being the northeast corner of said Lot 1, and being southeasterly corner of Lot 2, of said Johnstown Village Square;

thence northwesterly with the northeasterly floe of said Lot 3, and the southwesterly line of said Lot 2, North 29° 34' 52' West, 192.70 feet, to a Iron pin set, said pin being the northwesterly corner of Lot 3 and the southwesterly corner of Lot 2 and being on the southerly lute of Columbus-Millersburg Road;

thence northeasterly with the southerly line of Columbus-Millersburg Road, and the northwesterly line of said Lot 2, North 60° 25' 08' East, 327.66 feet to the southwesterly comer of Columbus-Millersburg Road and Bigelow Drive (60 fed wide), and being the northeasterly corner of Lot 2, referenced by an iron pin found 2.79 feet north;

thence southeasterly, with the southwesterly line of Bigelow Drive and the northeasterly line of Lot 2, South 29° 39' 40' East, 82.23 feet to an iron phi found, said iron pin lacing at a point of curvature;

thence continuing southeasterly, with tho southwesterly line of Bigelow Drive and the northeasterly line of Lots 1 and 2, with a curve to tho right, having a Radius of 270.00 fed, Delta of 47° 16' 45' a chord bearing of South 06° 09' 40' East and chord distance of 216.53 feel (passing the northeasterly corner of Lot 2, at S 17° 44' 06' 112.88 feet, referenced by a iron pin 0.80 feet east), to an iron pin found, said iron pin being a point of reverse curvature;

thence continuing with southwesterly line of Bigelow Drive and the northeasterly line of Lot I, with a curve to the left, having a Radius of 330.00 feet, Delta of 47° 16' 39' a chord bearing of South 06° 07' 47' fast, and a chord distance of 264.64 feet, to an iron pin found and being a point of tangency;

thence southeasterly continuing with the southwesterly line of Bigelow Drive and the northeasterly line of Lot I, South 29° 05' 31' East, 149.78 feet to a Iron pin found, said iron pin being the northeast corner of 3.703 acre tract, known as Reserve "B", conveyed to Preserve al Raccoon Creek-Section 2, Instrument Number 200404270014574, also lining the southeast corner of said Lot I;

thence leaving the southwesterly line of Bigelow Drive, with the northerly line of said Reserve "B" and the southeasterly line of Lot the following two (2) courses;

thence northerly with the west line of said Lot I, the cast line of said 7.939 acre tract, and the east line of said 6-168 acre tract, North 03° 28' 49' East, 435.36 feet to a iron pin found, said iron pin being located at an angle point in the cast line of said 6.168 acre tract;

thence northwesterly continuing with the east line of said 6.168 acre tract, and the west line of said Lot No. 1, North 30° 13' 21' West, 120.67 feet to a iron pin found, said iron pin being the southwest corner of said 0.186 acre tract,

thence crossing said Lots 1 and 4, and with the south Line of said 0.186 acre tract and the north line of said 0.143 acre tract, North 60° 19' 40' East, 236.09 feet to a Mag Nail found, said nail being the northeasterly corner of said 0.143 acre tract;

thence along the east line of said Lot 4, and with a westerly line of said Lot I, North 29° 44' 47' West, 192.70 fed to the POINT OF BEGINNING, said described tract of land containing 11.085 acres, more or less.

Basis of Bearing; centerline of Columbus-Millersburg Road, as described in Plat of Johnstown Village Square, Plat Book 14, Page 21, being North 60° 25' 08' East.

All set iron pins ore 5/8" rebar, with plastic caps having E.P. Ferris Surveyor 8230" inscribed on top. All monuments found are in good condition unless, otherwise noted,

This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, E.P. Ferris & Associates, Inc., on December 21, 2006.

Parcel No. 053-174276-00.001 and Parcel No. 053-174276-00.002

EXHIBIT B

EXHIBIT A

HTAC-0023398

TRACT I:

Situated in the State of Ohio, County of Licking, Village of Johnstown, being part of Lot 1, (9.507 acres), and all of Lot 2, (1.435 acres), of Johnstown Village Square, as numbered and delineated in Plat Book 14, Page 21, said Lots 1 and 2, conveyed to JOHNSTOWN VILLAGE SQUARE, of record in O.R. 509, Page 528, and being all of a 0.143 acre tract conveyed to JOHNSTOWN PLAZA LTD. PARTNERSHIP, of record in Instrument Number 199908230035389, (record references to those of the Recorders Office, Licking County, Ohio), and being more particularly bounded and described as follows:

Commencing at an iron pin found at the original Northwest corner of said Lot 1, and being the Southwest corner of a 0.186 acre tract, conveyed to Johnstown Plaza LTD. Partnership, of record in Instrument Number 199908230035390, the Northeast corner of a 6.168 acre tract conveyed to Number-62 Properties, LLC, of record in Instrument Number 200608230024480 and being on the Southerly line of Columbus-Millersburg Road (100 feet wide), also known as State Route 62 and West Coshocton Street;

thence Northeasterly with the Southerly line of said Columbus-Millersburg Road, the North line of said 0.186 acre tract and the North line of said Lot 1, North 60 degrees 25' 08' East, passing a iron pin found at 4270 feet a total distance of 237.70 feet to a point referenced by an Iron pin found 0.55 feet North, said point being the Northeast corner of said Lot 4, and a Northwest corner of said Lot 1 and being the POINT OF BEGINNING of the parcel herein described;

thence Northeasterly continuing with the Southeasterly line of Columbus-Millersburg Road, and the North line of said Lot 1, North 60 degrees 25' 08' East, 74.00 feet to a iron pin set, said Iron pin being the Northwest corner of Lot 3 of said Johnstown Village Square;

thence leaving the Southeasterly line of Columbus-Millersburg Road, with the Southwesterly line of said Lot 3 and the Northeasterly line of Lot 1, South 29 degrees 34' 52' East, 192.70 feet to a iron pin set, said iron pin being the Southwesterly corner of said Lot 3 and a Northeasterly corner of Lot 1;

thence Northeasterly along the Southeasterly line of said Lot 3 and the Northwesterly line of Lot 1, North 60 degrees 25' 08' East, 268.00 feet to a iron pin found, said Iron pin being the Northeast corner of said Lot 3, and being Southeasterly corner of Lot 2, of said Johnstown Village Square;

thence Northwesterly with the Northeasterly line of said Lot 3, and the Southwesterly line of said Lot 2, North 29 degrees 34' 52' West, 192.70 feet, to a iron pin set, said pin being the Northwesterly corner of Lot 3 and the Southwesterly corner of Lot 2 and being on the Southerly line of Columbus-Millersburg Road;

thence Northeasterly with the Southerly line of Columbus-Millersburg Road, and the Northwesterly line of said Lot 2, North 60 degrees 25' 08' East, 327.66 feet, to the Southwesterly corner of Columbus-Millersburg Road and Bigelow Drive (60 feet wide), and being the Northeasterly corner of Lot 2, referenced by an Iron pin found 2.79 feet North;

thence Southeasterly, with the Southwesterly line of Bigelow Drive and the Northeasterly line of Lot 2, South 29 degrees 39' 40' East, 82.23 feet to a iron pin found, said iron pin being at a point of curvature;

thence continuing Southeasterly, with the Southwesterly line of Bigelow Drive and the Northeasterly line of Lots 1 and 2, with a curve to the right, having a Radius of 270.00 feet, Delta of 47 degrees 16' 45' a chord bearing of South 06 degrees 09' 40' East and chord distance of 216.53 feet (passing the Northeasterly corner of Lot 2, at South 17 degrees 44' 06' East, 112.88 feet, referenced by a iron pin 0.80 feet East), to an iron pin found, said iron pin being a point of reverse curvature;

thence continuing with Southwesterly line of Bigelow Drive and the Northeasterly line of Lot 1, with a curve to the left, having a Radius of 330.00 feet, Delta of 47 degrees 16' 39', a chord bearing of South 06 degrees 07' 47' East, and a chord distance of 264.64 feet, to an iron pin found and being a point of tangency;

thence Southeasterly continuing with the Southwesterly line of Bigelow Drive and the Northeasterly line of Lot 1, South 29 degrees 28' 31' East, 149.78 feet to a iron pin found, said iron pin being the Northeast corner of a 3.703 acre tract, known as Reserve "B", conveyed to Preserve at Raccoon Creek-Section 2, Instrument Number 200404270014574, also being the Southeast corner of said Lot 1;

thence leaving the Southwesterly line of Bigelow Drive, with the Northerly line of said Reserve "B" and the Southeasterly line of Lot 1, the following two (2) courses:

1.) South 60 degrees 20' 25' West, 468,03 feet to a iron pin found;

2.) South 59 degrees 52' 59' West, 480.80 feet to a iron pin found, said iron pin being on the East line of a 7.939 acre tract conveyed to Richard Clark and Karen S. Hunter, of record in O.R. 866, Page 834, and being the Southwest corner of Lot 1;

thence Northerly with the West line of said Lot 1, the East line of said 7.939 acre tract, and the East line of said 6.168 acre tract, North 03 degrees 28' 49' East, 435.36 feet to a iron pin found, said iron pin being located at an angle point in the East line of said 6.168 acre tract;

thence Northwesterly continuing with the East line of said 6.168 acre tract, and the West line of said Lot No. 1, North 30 degrees 13' 21' West, 120.67 feet to a iron pin found, said iron pin being the Southwest corner of said 0.186 acre tract;

a thence crossing said Lots 1 and 4, and with the South line of said 0.186 acre tract and the North line of said 0.143 acre tract, North 60 degrees 19' 40' "East, 236.09 feet to a Mag Nail found, said nail being the Northeasterly corner of said 0.143 acre tract;

thence along the East line of said Lot 4, and with a Westerly line of said Lot 1, North 29 degrees 44' 47' West, 192.70 feet to the POINT OF BEGINNING, said described tract of land containing 11.085 acres, more or less.

Subject to ail legal rights-of-way and/or easements, if any, of previous record.

Basis of Bearing: centerline of Columbus-Millersburg Road, as described in Plat of Johnstown Village Square, Plat Book 14, Page 21, being North 60 degrees 25' 08' East.

All set iron pins are 5/8" rebar, with plastic caps having "E.P. Ferris Surveyor 8230" inscribed on top. All monuments found are in good condition unless otherwise noted.

This description was prepared by Matthew E. Ferris, Registered Surveyor No. 8230, E.P. Ferris & Associates, Inc. on December 19, 2006.

TRACT II:

Easement Rights as disclosed in that certain Storm Drainage Easement of record in Official Record 860, Page 775 and that certain Pipeline Easement of record in Official Record 860, Page 783,