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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF SOUTH CAROLINA In re: Rosies of RH, LLC, Debtor. Case No. 13-06856-hb Chapter 11 NOTICE OF HEARING

TAKE NOTICE that movant Food Lion, LLC filed a MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR, IN THE ALTERNATIVE, TO DISMISS PETITION, which seeks, as alternative relief, dismissal of the captioned bankruptcy case pursuant to Bankruptcy Code 1112(b). A copy of the Motion accompanies this Notice. TAKE FURTHER NOTICE that any response, return, and/or objection to this Motion should be filed with the Court no later than twenty-one (21) days from service of the Motion and a copy simultaneously served on all parties in interest. TAKE FURTHER NOTICE that the Court will conduct a hearing on January 10, 2014 at 10:30 a.m., at the United States Bankruptcy Court, 201 Magnolia Street; Spartanburg, SC 29306. No further notice of this hearing will be given. DATE OF SERVICE: December 10, 2013.

/s/ David M. Schilli David M. Schilli N.C. Bar No. 17989 (admitted pro hac vice) ROBINSON BRADSHAW & HINSON, P.A. 101 North Tryon Street, Suite 1900 Charlotte, North Carolina 28246 Telephone: 704.377.2536 Facsimile: 704.378.4000

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CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing NOTICE OF HEARING on the parties and in the manner indicated below:

L. Showell Blades, IV Post Office Box 10671 131 Caldwell Street Rock Hill, South Carolina 29731 Attorney for Debtor Served via CM/ECF Livanos Food Services, LLC 2006 Altara Lane Matthews, North Carolina 28104 Served via First Class Mail Signs By Tomorrow c/o Phillip W. Jamieson 242 Oakland Avenue Rock Hill, South Carolina 29730 Served via First Class Mail Rewards Network c/o Evan Schube One Renaissance Square Two North Central Avenue Phoenix, AZ 85004-2391 Served via First Class Mail

US Trustees Office Strom Thurmond Federal Building 1835 Assembly St., Suite 953 Columbia, SC 29201 Served via CM/ECF

SC Department of Revenue & Taxation Post Office Box 12265 Columbia, South Carolina 29211 Served via First Class Mail City of Rock Hill 155 Johnston Street Rock Hill, SC 29730 Served via First Class Mail

Rosies of RH, LLC d/b/a Davids Steak and Spirits 147 Herlong Avenue Rock Hill, South Carolina 29732 Served via First Class Mail

This the 10th day of December, 2013. /s/ David M. Schilli David M. Schilli N.C. Bar No. 17989 (admitted pro hac vice) dschilli@rbh.com

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UNITED STATES BANKRUPTCY COURT DISTRICT OF SOUTH CAROLINA

In re: Rosies of RH, LLC,

CASE NO: 13-06856-hb CHAPTER: 11 CERTIFICATION OF FACTS Debtor.

In the above-entitled proceeding, in which relief is sought by movant Food Lion, LLC (Food Lion) from the automatic stay provided by 11 U.S.C. 362, I do hereby certify to the best of my knowledge the following: (1) Nature of Movant's Interest. The Debtor leases retail space from Food Lion at a retail shopping center located at 1720 Ebenezer Road in Rock Hill, South Carolina (the Shopping Center), for which it has failed to make timely payments for rent and related charges. (2) Brief Description of Security Agreement, copy attached (if applicable). Not Applicable. However, a true and correct copy of the lease agreement governing the relationship of Food Lion and the Debtor, including all assignments thereof and amendments thereto (collectively, the Lease), is attached as Exhibits A-1 through A-10 to Food Lions Motion filed herewith. (3) Description of Property Encumbered by Stay (include serial number, lot and block number, etc.). The Debtors leasehold interest arising under the Lease. (4) Basis for Relief (property not necessary for reorganization, debtor has no equity, property not property of estate, etc.) include applicable subsection of 11 U.S.C. 362). Food Lion seeks relief from the automatic stay pursuant to Bankruptcy Code 362(d)(1) or, in the alternative, Bankruptcy Code 1112(b), or both, due to the Debtors failure to pay post-petition rent and other charges when due under the Lease and the Debtors initiation of the captioned bankruptcy case in bad faith. (5) Prior Adjudication by Other Courts, copy attached (Decree of Foreclosure, Order for Possession, Levy of Execution, etc., if applicable). Not Applicable. (6) Valuation of Property, copy of Valuation attached (Appraisal, Blue Book, etc.): Fair Market Value: _______________________ _______________________ _______________________ _______________________

Fair Market Value: Liens (Mortgages): Net Equity: Source/Basis of Value:

Not Applicable. However, pursuant to the Lease, the Debtor is obligated to pay monthly rent and other charges of $5,268.51, which is comprised of (a) base rent of $4,143.75, (b) common area maintenance of $751.01, and (c) real estate taxes of $373.75. (7) Amount of Debtor's Estimated Equity (using figures from paragraph 6, supra). None.

(8) Month and Year in Which First Direct Post-petition Payment Came Due to Movant (if applicable). The Debtors continuing rent and related payment obligations accrued immediately upon the filing of its petition on November 15, 2013. The pre- and post-petition obligations owed by the Debtor to Food Lion are summarized in the accounting attached as Exhibit B to Food Lions Motion filed herewith. 1

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(9)(a) For Movant/Lienholder (if applicable): List or attach a list of all post-petition payments received directly from debtor(s), clearly showing date received, amount, and month and year for which each such payment was applied.1 The Debtor has made no post-petition payments to Food Lion. The pre- and post-petition obligations owed by the Debtor to Food Lion are summarized in the accounting attached as Exhibit B to Food Lions Motion filed herewith. (b) For Objecting Party (if applicable): List or attach a list of all post-petition payments included in the Movant's list from (a) above which objecting party disputes as having been made. Attach written proof of such payment(s) or a statement as to why such proof is not available at the time of filing this objection. Not Applicable. (10) Month and Year for Which Post-petition Account of Debtor(s) is Due as of the Date of this Motion: See accounting attached as Exhibit B to Food Lions Motion filed herewith.

This 9th day of December, 2013 /s/ David M. Schilli David M. Schilli N.C. Bar No. 17989 (admitted pro hac vice) dschilli@rbh.com ROBINSON BRADSHAW & HINSON, P.A. 101 North Tryon Street, Suite 1900 Charlotte, North Carolina 28246 Telephone: 704.377.2536 Facsimile: 704.378.4000 Attorneys for Food Lion, LLC

This requirement may not be met by the attachment of a payment history generated by the movant. Such attachment may be utilized as a supplement to a complete and detailed response to (9)(a) above, which should be shown on this certification.

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF SOUTH CAROLINA

In re: Rosies of RH, LLC, Debtor.

Case No. 13-06856-hb Chapter 11

FOOD LION, LLCS MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR, IN THE ALTERNATIVE, TO DISMISS PETITION Food Lion, LLC (Food Lion), through its undersigned counsel, hereby moves the Court pursuant to 11 U.S.C. 362(d) and 1112(b), Rules 1017, 4001, 9013 and 9014 of the Federal Rules of Bankruptcy Procedure, and Local Bankruptcy Rules 1017-2 and 4001-1 for (a) an order terminating or modifying the automatic stay to permit Food Lion to pursue eviction of, or otherwise exercise its remedies against, Rosies of RH, LLC (the Debtor); or (b) in the alternative, an order dismissing the Debtors bankruptcy petition. In support thereof, Food Lion shows the Court the following: Summary of the Motion The Debtor filed its voluntary petition at 3:53 p.m. on the very day that its lease with Food Lion was terminated. The lease was terminated because of the Debtors complete failure to pay nearly $30,000 in rent and other occupancy charges owed for the six months that it operated its restaurant in the premises. The lease termination followed Food Lions two written notices to the Debtor. Only after Food Lions second such notice on October 24, 2013, that the lease would terminate on November 15, 2013, did the Debtor seek bankruptcy protection, waiting until the very last moment to do so. The timing and circumstances surrounding the Debtors petition reveal that its sole purpose in these proceedings is to delay its certain eviction from the premises. In its filings, the Debtor has scheduled assets valued at less than $25,000 and the claims of five creditors totaling $104,500. With what little cash it has, the Debtor has failed to make its post-petition lease payments and cannot hope to promptly cure the pre-petition lease arrearages. For the reasons detailed below, this Debtors case is objectively futile and evidences subjective bad faith,

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requiring the Court to grant Food Lion stay relief and/or to dismiss the case and allow Food Lion to pursue its available state court remedies against the Debtor. Factual & Procedural Background 1. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A), (G) and

(O), and this Court has jurisdiction pursuant to 28 U.S.C. 157 and 1334. The Debtors Lease with Food Lion 2. Food Lion is the ground lessee for a retail shopping center located at 1720

Ebenezer Road in Rock Hill, South Carolina, commonly known as Village Square (the Shopping Center). There is a Food Lion grocery store at the Shopping Center and Food Lion, as landlord, leases other in-line retail premises to various tenants. 3. The Debtor became a Food Lion tenant for 4,875 square feet of retail space at the

Shopping Center (the Premises) pursuant to that certain Assignment and Assumption of Lease dated and effective as of June 7, 2013, between Livanos Food Services, LLC and the Debtor. A restaurant has historically been operated at the Premises. Since taking possession of the

Premises in June 2013, the Debtor has operated an upscale steakhouse and bar commonly known as Davids Steak and Spirits, which is the Debtors only source of revenue. 4. Pursuant to its lease agreement with Food Lion (together with all amendments

thereto and assignments thereof, the Lease), the Debtor is obligated to pay monthly rent and other charges of $5,268.51, which is comprised of (a) base rent of $4,143.75, (b) common area maintenance of $751.01, and (c) real estate taxes of $373.75. A true and correct copy of the Lease, including all assignments thereof and amendments thereto, is attached hereto as Exhibits A-1 through A-10, all of which are incorporated herein by reference. 5. At the request of the Debtor, Food Lion agreed in the Fifth Lease Modification

Agreement dated August 1, 2013 and attached hereto as Exhibit A-10, to abate the base rent of $4,143.75 for the months of June 2103 and July 2013 (the Base Rent Abatement), provided the Debtor did not default on any of its other obligations under the Lease. 6. Despite the Base Rent Abatement granted by Food Lion, the Debtor made no

payments to Food Lion for the rent and other charges due under the Lease on August 1, 2013, September 1, 2013, October 1, 2013, and November 1, 2013. In fact, during those four months, the Debtor tendered just three payments to Food Lion, as follows:

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Date August 27, 2013 October 8, 2013 October 17, 2013

Amount $5,300.00 $1,000.00 $1,000.00

Description Stop Payment Returned NSF Returned NSF

As reflected above, all three payments by check were either cancelled by the Debtor or returned for insufficient funds. These bad checks, along with the Debtors pre- and post-petition

obligations owed to Food Lion under the Lease, are reflected in the accounting attached hereto as Exhibit B. 7. By its letter dated October 8, 2013 (the Default Notice), Food Lion provided the

Debtor with written notice that (a) the Debtor was in monetary default under the Lease for its failure to pay rent and other sums due for the months of August, September and October 2013, with the balance then due Food Lion totaling $15,845.53, and (b) unless the Debtor paid the amounts set forth in the Default Notice, the Base Rent Abatement would be void and of no further effect and the Debtor would be liable for all abated rent. A true and correct copy of the Default Notice is attached hereto as Exhibit C and is incorporated herein by reference. 8. Because the Debtor failed to pay the amounts described in the Default Notice by

the deadline set forth in the Lease, the Base Rent Abatement became void and of no further effect, and the Debtor became immediately liable for all abated rent in the amount of $8,287.50. 9. Because the Debtor failed to pay the amounts described in the Default Notice,

Food Lion provided the Debtor with another written notice dated October 24, 2013 (the Termination Notice) informing the Debtor that the Lease and the term thereunder would terminate on November 15, 2013. A true and correct copy of the Termination Notice is attached hereto as Exhibit D and is incorporated herein by reference. The Bankruptcy Filing 10. Rather than making any effort to pay any of its obligations due Food Lion, the

Debtor filed its voluntary Chapter 11 petition under Title 11 of the United States Code (the Bankruptcy Code) at 3:53 p.m. on November 15, 2013 (the Petition Date). 11. On November 18, 2013, the Debtor filed its Motion to Assume Lease [D.E. 3]

(the Motion to Assume). Food Lion has objected to the Motion to Assume. 12. On November 27, 2013, the Debtor filed its Schedules and Statement of Financial

Affairs [D.E. 7], wherein the Debtor scheduled assets valued at less than $25,000 and claims of $104,500.

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13. Petition Date:

In its Schedule B, the Debtor claimed to have the following assets as of the

Asset Description Cash and Funds in Checking Security Deposit - Food Lion Security Deposit York Natural Gas Liquor License Restaurant Equipment, Furnishings, Supplies (including food, wine and liquor) 14.

Claimed Value $1,400 $1,500 $600 $1,100 $20,206

In its Schedules D, E and F, the Debtor scheduled the following five creditors: Amount $63,000 $30,000 $3,000 $7,000 $2,400 Schedule D D E E F

Creditor Livanos Food Service, LLC Rewards Network City of Rock Hill Tourist Taxes SC Department of Revenue & Taxation Signs by Tomorrow

The Debtor identified the claim of Rewards Network as fully secured and identified the claim of Livanos Food Service, LLC (from whom the Debtor acquired the restaurant) as secured to the extent of $20,000 and unsecured for the remaining $43,000. 15. In its Schedule G, the Debtor listed just one executory contract and unexpired

lease: the Lease with Food Lion. 16. Quite noticeably, as of the Petition Date, the Debtor did not owe a single

employee any wages, did not owe a single supplier of food, soft drinks, beer, wine or liquor, and did not owe any trade vendors that one would expect in a restaurant operation. Also

conspicuously absent from the Debtors Schedules was a listing of the nearly $30,000 in unpaid pre-petition rent and occupancy charges owed to Food Lion under the Lease. 17. In its Statement of Financial Affairs, the Debtor disclosed that it had paid Charles

Lance, its manager, $4,000 per month as compensation, plus an undisclosed transportation allowance and undisclosed reimbursements for supplies claimed to be purchased by him for the business. The Debtor admitted to being current on all of its obligations owed to Mr. Lance. 18. In its listing of Business Income and Expenses, the Debtor projects an estimated

monthly profit of less than $3,000.

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Argument 19. Under the circumstances presented here, Food Lion is entitled to either stay relief

for cause under Bankruptcy Code 362(d)(1) to enable it to complete the termination of the Debtors rights under the Lease that was stayed by virtue of its eleventh-hour filing or dismissal of the Debtors Chapter 11 case under Bankruptcy Code 1112(b), or both. Whether

characterized as the Debtors lack of good faith in filing its bankruptcy or it being in the best interests of what few creditors may exist, this Court should grant this motion. Stay relief Bankruptcy Code 362(d)(1). 20. Bankruptcy Code 362(d)(1) requires the Court to grant a request for relief from

the automatic stay imposed by 362(a) for cause. 21. Circuit Courts including the Fourth Circuit have consistently ruled that a

debtors failure to file a bankruptcy petition in good faith was sufficient cause to warrant lifting the automatic stay or, alternatively, dismissal of the bankruptcy case. See Carolin Corp. v. Miller, 886 F.2d 693, 699 (4th Cir. 1989) ([Section] 362(d)(1)s for cause language authorizes the court to determine whether, with respect to the interests of a creditor seeking relief, a debtor has sought the protection of the automatic stay in good faith.); see also In re Arnold, 806 F.2d 937, 939 (9th Cir. 1986) (The debtors lack of good faith in filing a bankruptcy petition has often been used as cause for removing the automatic stay.); In re Laguna Assocs. Ltd. Pship, 30 F.3d 734, 738 (6th Cir. 1994) ([A] lack of good faith constitutes cause for lifting an automatic stay.). 22. This Court has also found that [c]ause to lift the automatic stay includes bad

faith. In re Henderson, 395 B.R. 893, 899 (Bankr. D.S.C. 2008). 23. The Fourth Circuit recognizes that a lack of good faith is evidenced by a showing

of both (1) objective futility and (2) subjective bad faith. Carolin 866 F.2d at 700-01; see also In re Henderson, 395 B.R. at 902 (discussing the Carolin standard in the context of relief from the automatic stay); In re Kinard, C/A 01-03621-W, 2001 WL 1806039 (Bankr. D.S.C. Nov. 16, 2001) (same). 24. The objective futility element focuses on whether there exists the realistic

possibility of an effective reorganization. Carolin, 866 F.2d at 698 (quoting In re Albany Partners, Ltd., 749 F.2d 670, 674 (11th Cir.1984)). This test provides a means for inquiring at

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the outset into the critical question of whether there is indeed a going concern to preserve[.] Id. (quoting In re Little Creek Development Co., 779 F.2d 1068, 1073 (5th Cir.1986)). 25. The subjective bad faith test asks whether a Chapter 11 petition is motivated by

an honest intent to effectuate reorganization or is instead motivated by some improper purpose. Subjective bad faith is shown where a petition is filed to abuse the reorganization process, or to cause hardship or to delay creditors by resort to the Chapter 11 device merely for the purpose of invoking the automatic stay. In re Premier Auto. Servs., Inc., 492 F.3d 274, 280 (4th Cir. 2007) (quoting Carolin, 886 F.2d at 698). Dismissal Bankruptcy Code 1112(b)(2) 26. Courts often justify dismissal of a bankruptcy case as being in the best interests of

creditors by examining under Bankruptcy Code 1112(b) the same considerations that courts examine for stay relief. Numerous cases have found a lack of good faith to constitute cause for lifting the stay or for dismissing the case. In Re Little Creek Dev. Co., 779 F.2d 1068, 1072 (5th Cir. 1986) (and cases cited therein). As the Fourth Circuit noted in Premier

Automotive Services, [t]he right to file a Chapter 11 bankruptcy petition is conditioned upon the debtors good faiththe absence of which is cause for summary dismissal. 492 F.3d at 279. 27. Accordingly, the Carolin objective futility and subjective bad faith factors

apply with equal force when this Court determines whether to dismiss the Debtors bankruptcy case. The Court Should Grant Stay Relief and/or Dismiss the Case. 28. This Chapter 11 case is an exercise in futility. This Debtor cannot reorganize

without assuming the Lease. The Debtor filed the case hoping against all odds that it could somehow convince Food Lion to ignore its repeated and continuous defaults under the Lease (not to mention its returned checks) and look favorably on its naked assurances that it will be a good tenant going forward. Food Lion is not persuaded, and the Debtors own filings in the case and, just as importantly, its post-petition defaults under the Lease point to the reorganizations futility. 29. This Debtor has no funds and no demonstrated ability to promptly cure the nearly

$30,000 in pre-petition arrearages under the Lease, and its projected post-petition revenue from operations which, assuming all goes well, demonstrate just a slim monthly profit of less than $3,000 are insufficient to enable the Debtor to cure those arrearages. Moreover, shortly after

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its filing, the Debtor requested Food Lions consent to paying those arrearages within 60 days of the Petition Date; recently, however, the Debtor asked Food Lion for at least an additional 30 days to cure the arrearages. With the Debtors abysmal history with its rent obligations, anything less than an immediate cure is simply not acceptable to Food Lion. In light of the Debtors slim profit projection and the attendant significant risk that the Debtor will be unable to pay its debts in the ordinary course, Food Lion is being asked to bear essentially the entire burden of this case. Importantly in that regard, as of the filing of this Motion, the Debtor has now failed to make its December 1, 2013 monthly rent payment and has made no effort whatsoever to address the stub rent due for the post-petition period in November 2013. Food Lion should not be forced to bear the risk of the Debtors marginal business, particularly since the Debtor that has never before honored its payment obligations, or be expected to seek stay relief every time the Debtor misses a payment on the Lease. In sum, this Debtor cannot reorganize without Food Lions support, which the Debtor does not have; thus, the Debtors bankruptcy petition is objectively futile. 30. Moreover, the subjective bad faith of the Debtor in filing this case is plain. The

Debtor filed its petition solely to delay Food Lions valid exercise of its remedies against the Debtor to regain rightful possession of the Premises, when it had not made a single payment for rent and occupancy charges in the six months it occupied the Premises. The Debtor filed its petition on the same day it was required to surrender the Premises to Food Lion, pursuant to the Termination Notice and the Lease. Thus, the Debtors impending removal and/or eviction from the Premises is the sole cause of the Debtors bankruptcy filing. 31. The Debtors subjective bad faith is further shown by the fact that this bankruptcy

case is, at its core, a two-party dispute. Indeed, this bankruptcy is not a vehicle to allow for the orderly payment of the Debtors creditors; there are relatively few. In fact, there are no claims for unpaid employees or trade vendors. Rather, there are two tax claims of just $10,000, a fullysecured claim of $30,000 secured by cash collateral arising from credit card charges, the partially-secured claim for seller-financing of $63,000 that the Debtor acknowledges as being secured by a first lien on all of its business assets, and one other unsecured claim of $2,400. Furthermore, as of the date of this Motion, no creditor other than Food Lion has entered an appearance in the bankruptcy, and based on the Debtors schedules, it appears that no other claims by creditors were pending against the Debtor as of the Petition Date. Thus, the Debtors

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bankruptcy is nothing more than a tactic to forestall a single creditor from pursuing its otherwise valid remedies in state court. 32. The Fourth Circuit has upheld a finding of subjective bad faith in precisely these

circumstances. In Premier Automotive Services, the debtor was a tenant under a commercial lease and filed its bankruptcy petition the day before the landlords termination of the tenancy became effective. 492 F.3d at 281. In that case, the Bankruptcy Court determined that the debtors petition was filed in bad faith, for the sole purpose of halting and/or delaying its ultimate eviction, to compel the [landlord] to execute a new lease to the debtor on terms more favorable than those the [landlord] found acceptable, and as a means to the end of tying up the [landlord] in endless, fruitless litigation. Id. (internal quotations omitted). The Fourth Circuit affirmed the Bankruptcy Court, stating that [h]olding an asset hostage is not a permissible use of the bankruptcy process. Id. 33. As in Premier Automotive Services, the Debtors use of the bankruptcy process

here is nothing more than a means to prolong its unlawful possession of the Premises and demonstrates the subjective bad faith necessary to afford Food Lion relief from the automatic stay and/or dismissal of the case. Conclusion For the foregoing reasons, this Court should grant Food Lion stay relief for cause under Bankruptcy Code 362(d) and/or dismiss the case under Bankruptcy Code 1112(b) to permit Food Lion to complete eviction of, or otherwise exercise its remedies against, the Debtor.

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WHEREFORE, Food Lion respectfully requests that: A. The Court grant it, pursuant to 362(d), Rules 4001, 9013 and 9014 of the Federal Rules of Bankruptcy Procedure, and Local Bankruptcy Rule 4001-1, relief from the automatic stay; B. The Court specifically order that the grant of stay relief be effective immediately and that the 14-day stay otherwise provided in Bankruptcy Rule 4001(a)(3) not apply; C. and D. proper. The Court award it such other and further relief as the Court deems just and In the alternative, pursuant to 1112(b)(2), the Court dismiss the Debtors case;

This 9th day of December, 2013. /s/ David M. Schilli David M. Schilli N.C. Bar No. 17989 (admitted pro hac vice) dschilli@rbh.com Robinson Bradshaw & Hinson, P.A. 101 North Tryon Street, Suite 1900 Charlotte, NC 28246 Telephone: (704) 377-2536 Facsimile: (704) 378-4000 David C. Kimball S.C. Fed. Bar No. 10475 Robinson Bradshaw & Hinson, P.A. 140 East Main Street, Suite 420 Rock Hill, SC 29730 Telephone: 803.325.2900 Facsimile: 803.325.2929 Attorneys for Food Lion, LLC

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CERTIFICATE OF SERVICE

I hereby certify that I have this day served a copy of the foregoing FOOD LION, LLCS MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR, IN THE ALTERNATIVE, TO DISMISS PETITION on the parties and in the manner indicated below: L. Showell Blades, IV Post Office Box 10671 131 Caldwell Street Rock Hill, South Carolina 29731 Attorney for Debtor Served via CM/ECF US Trustees Office Strom Thurmond Federal Building 1835 Assembly St., Suite 953 Columbia, SC 29201 Served via CM/ECF Livanos Food Services, LLC 2006 Altara Lane Matthews, North Carolina 28104 Served via First Class Mail SC Department of Revenue & Taxation Post Office Box 12265 Columbia, South Carolina 29211 Served via First Class Mail Signs By Tomorrow c/o Phillip W. Jamieson 242 Oakland Avenue Rock Hill, South Carolina 29730 Served via First Class Mail This the 9th day of December, 2013. /s/ David M. Schilli David M. Schilli N.C. Bar No. 17989 (admitted pro hac vice) E-mail: dschilli@rbh.com

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