Highland Realty & Development 10801 Johnston Road Suite 116 Charlotte, NC 28226 Phone: 704-542-8348, Fax: 704-542-8281
Highland
Realty &
Development
00000
Xxxxxxxx Xxxx
Xxxxx
000
Xxxxxxxxx,
XX 00000
Phone:
000-000-0000, Fax: 000-000-0000
(Multi-Tenant
Facility)
THIS
LEASE AGREEMENT, including
any and all addenda attached hereto ("Lease"), is by and between
Whitewoods,
LLC
,
a(n)
Corporate
("Landlord"),
(individual
or
State
of
formation and type of entity)
whose
address is 0000
00xx Xxxxxx XX Xxx Xxxxxx XX 00000
and
Anchor
Funding Services, LLC
a(n)
North
Carolina Limited Liability("Tenant").
(individual
or
State
of
formation and type of entity)
whose
address is 00000
Xxxxxxxx
Xxxx Xxxxx 000-000
Xxxxxxxxx
XX 00000
o if this box
is checked, the obligations of Tenant under this Lease are secured by the
guaranty ofn/a
(name(s)
of guarantor(s)) attached hereto and incorporated herein by
reference.
(Note:
Any guaranty should be prepared by an attorney at law.)
For
and
in consideration of the mutual promises set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
PREMISES/PROPERTY
(Note:
In
this paragraph, Premises is the actual space being leased and Property is the
broader site/location of the Premises.)
1.
(a)
Landlord leases unto Tenant, and Tenant hereby leases and takes upon the terms
and conditions which hereinafter appear, those certain premises depicted on
Exhibit
A
attached hereto and incorporated herein by reference (hereinafter called the
"Premises"), which
is
a part of a building or buildings located at the Property (defined
below).
The
address of the Premises is:
(Address):
00000
Xxxxxxxx Xxxx Xxxxx 000/000
Xxxxxxxxx
XX 00000
(b)
The
Premises is located at the following described property
("Property"):
(Address):
00000
Xxxxxxxx Xxxx Xxxxxxxxx XX 00000
xAll
q A
portion
of the property in Deed Reference: Book 16948
,
Page
No. 259,
n/a
County;
consisting of approximately n/a
acres.
Plat
Reference: Lot(s) n/a
,
Block
or Section n/a
,
as
shown on Plat Book or Slide n/a
at
Page(s) n/a
n/a
County,
consisting of n/a
acres.
q If
this
box is checked, Property shall mean that property described on Exhibit
B
attached
hereto and incorporated herewith by reference.
(For
information purposes only, the tax parcel number of the Property is:22145539
1
All
facilities furnished at the Property and designated for the general use, in
common, of occupants of the Property and their invitees, agents or
employees, including Tenant hereunder, including but not limited to parking
areas, streets, driveways, sidewalks, canopies, roadways, loading platforms,
shelters, ramps, landscaped areas, exterior water faucets, irrigation systems,
exterior lighting fixtures, signs and other facilities whether of a similar
or
dissimilar nature ("Common Areas") shall at all times be subject to the
exclusive control and management of Landlord, and Landlord shall have the right
from time to time to change the area, level, location and arrangement of the
Common Areas and
to
restrict parking by tenants and their employees to employee parking areas,
to
make Rules and Regulations (as herein defined) and do
such
things from time to time as in Landlord's reasonable discretion maybe necessary
regarding the Common Areas.
Tenant
shall also have a non-exclusive right, in common with other tenants at the
Property, to the use of the Common Areas at the Property. subject
to the terms hereof.
TERM
2. The
term
of this Lease shall commence on June
01,
2007 ("Lease
Commencement Date"), and shall end at midnight on
May
30, 2009 , unless
sooner terminated as herein provided. The first Lease Year Anniversary shall
be
the date twelve
(12) calendar months after the first day of the first full month immediately
following the Lease Commencement Date and successive Lease
Year Anniversaries shall be the date twelve (12) calendar months from the
previous Lease Year Anniversary.
El
If
this
box is checked, Tenant shall have the option of renewing this Lease, upon
written notice given to Landlord at least 90
days
prior to the end of the then expiring term of this Lease, for One
additional
term(s) of Two
years
each.
El Option
to Lease- If
this
box is checked, Tenant, upon the payment of the sum of $ n/a
(which
sum is not rental
or
security deposit hereunder, but is consideration for this Option to Lease and
is
non-refundable under any circumstances) shall havea
period
of n/a
days
prior to the Lease Commencement Date ("Option Period") in which to inspect
the
Premises and make inquiry
regarding such sign regulations, zoning regulations, utility availability,
private restrictions or permits or other regulatory requirements
as Tenant may deem appropriate to satisfy itself as to the use of the Premises
for Tenant's intended purposes. Tenant shall conduct
all such on-site inspections, examinations, inquiries and other review of the
Premises in a good and workmanlike manner, shall repair
any damage to the Premises caused by Tenant's entry and on-site inspections
and
shall conduct same in a manner that does not unreasonably interfere with
Landlord's or any tenant's use and enjoyment of the Property. In that respect,
Tenant shall make reasonable efforts to undertake on-site inspections outside
of
the hours any tenant's business is open to the public and shall give prior
notice to the tenant at the Premises of any entry onto the Premises for the
purpose of conducting inspections. Upon Landlord's request, Tenant shall provide
to Landlord evidence of general liability insurance. Tenant shall also have
a
right to review and inspect all contracts or other agreements affecting or
related directly to the Premises and shall be entitled to review such books
and
records of Landlord that relate directly
to the operation and maintenance of the Premises, provided, however, that Tenant
shall not disclose any information regarding the
Property (or any tenant therein) unless required by law and the same shall
be
regarded as confidential, to any person, except to its attorneys, accountants,
lenders and other professional advisors, in which case Tenant shall obtain
their
agreement to maintain such confidentiality.
Tenant assumes all responsibility for the acts of itself, its agents or
representatives in exercising its rights under this Option
to
Lease and agrees to indemnify and hold Seller harmless from any damages
resulting therefrom. This indemnification obligation
of Tenant shall survive the termination of this Option to Lease or this Lease.
Tenant shall, at Tenant's expense, promptly repair
any damage to the Premises or Property caused by Tenant's entry and on-site
inspections. IF
TENANT CHOOSES NOT TO LEASE THE PREMISES, FOR ANY REASON OR NO REASON, AND
PROVIDES WRITTEN NOTICE TO LANDLORD THEREOF PRIOR TO THE EXPIRATION OF THE
OPTION PERIOD, THEN THIS LEASE SHALL TERMINATE AND NEITHER
PARTY SHALL HAVE ANY FURTHER OBLIGATIONS HEREUNDER AND LANDLORD SHALL RETURN
TO
TENANT
ANY RENTAL OR SECURITY DEPOSIT PAID TO LANDLORD HEREUNDER. Tenant
shall be deemed to have exercised
its Option to Lease and to be bound under the terms of this Lease if (i) Tenant
shall occupy the Premises prior to the expiration of
the
Option Period, whereupon the date of occupancy shall be deemed the Lease
Commencement Date, or (ii) Tenant shall not provide written
notice to Landlord of its termination of this Lease prior to the expiration
of
the Option Period.
RENTAL
3. Beginning
on
June
01,
2007
("Rent
Commencement Date"), Tenant agrees to pay Landlord (or its Agent as directed
by Landlord), without notice, demand, deduction or set off, an annual rental
of
$18
,
000 , payable
in equal monthly installments
of $
1500.00, in
advance on the first day of each calendar month during the term hereof. Upon
execution of this
Lease, Tenant shall pay to Landlord the first monthly installment of rent due
hereunder. Rental for any period during the term hereof
which is less than one month shall be the pro-rated portion of the monthly
installment of rental due, based upon a 30 day month.
x
if this box is checked,
the annual rental payable hereunder (and accordingly the monthly installments)
shall be adjusted everyDne Lease
Year Anniversary by 4%
over
the
amount then payable hereunder. In the event renewal of this Lease is provided
for in paragraph
2 hereof and effectively exercised by Tenant, the rental adjustments provided
herein shall apply to the term of the Lease so renewed,
or
PREPARED
BY: Xxxxxxx X. Xxxxx, Broker In Charge
STANDARD
FORM 592 - T North Carolina Association of REALTORS®, Inc.
gr 7/2006
2
q If
this
box is checked, the annual rental payable hereunder (and accordingly the monthly
installments) shall be adjusted everyn/a Lease
Year Anniversary by $ n/a
over
the
amount then payable hereunder. In the event renewal of this Lease is
provided for
in
paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments
provided herein shall apply to the term of the Lease so renewed,
x If
this
box is checked, Tenant shall pay all rental to Landlord's Agent at the following
address: Highland
Realty & Development, Ltd. 00000 Xxxxxxxx Xxxx Xxxxx 000 Xxxxxxxxx XX
00000
LATE
CHARGES
4. If
Landlord fails to receive full rental payment within 10
days
after it becomes due, Tenant shall pay Landlord, as additional rental,
a
late charge equal to ten percent 10
(%)
of
the overdue amount or $ n/a
whichever
is
greater, plus any actual bank fees incurred for dishonored payments. The parties
agree that such a late charge represents a fair and reasonable estimate of
the
cost Landlord will incur by reason of such late payment.
SECURITY
DEPOSIT
5. Upon
the
execution of this Lease, Tenant shall deposit with Landlord the sum of $
1500.00
as
a
security deposit which shall
be
held by Landlord as security for the full and faithful performance by Tenant
of
each and every term, covenant and condition of this
Lease. The security deposit does not represent payment of and Tenant shall
not
presume application of same as payment of the last monthly
installment of rental due under this Lease. Landlord shall have no obligation
to
segregate or otherwise account for the security deposit except as provided
in
this paragraph 5. If any of the rental or other charges or sums payable by
Tenant shall be over-due and unpaid or
should
payments be made by Landlord on behalf of Tenant, or should Tenant fail to
perform any of the terms of this Lease, then Landlord may,
at
its option, appropriate and apply the security deposit, or so much thereof
as
may be necessary, to compensate toward the payment of
the
rents, charges or other sums due from Tenant, or towards any loss, damage or
expense sustained by Landlord resulting from such default
on the part of the Tenant; and in such event Tenant upon demand shall restore
the security deposit to the amount set forth above in
this
paragraph 5. In the event Tenant furnishes Landlord with proof that all utility
bills and other bills of Tenant related to the Premises have been paid through
the date of Lease termination, and performs all of Tenant's other obligations
under this Lease, the security deposit shall
be
returned to Tenant within sixty (60) days after the date of the expiration
or
sooner termination of the term of this Lease and the surrender
of the Premises by Tenant in compliance with the provisions of this
Lease.
q If
this
box is checked, Agent shall hold the security deposit in trust and shall be
entitled to the interest, if any, thereon.
UTILITY
BILLS/SERVICE CONTRACTS
6.
Landlord and Tenant agree that utility bills and service contracts ("Service
Obligations") for the Premises shall be paid by the party indicated
below as to each Service Obligation. In each instance, the party undertaking
responsibility for payment of a Service Obligation covenants
that they will pay the applicable bills prior to delinquency. The responsibility
to pay for a Service Obligation shall include all metering,
hook-up fees or other miscellaneous charges associated with establishing,
installing and maintaining such utility or contract in said
party's name. Within thirty (30) days of the Lease Commencement Date, Tenant
shall provide Landlord with a copy of any requested Tenant
Service Obligation information.
| Service Obligation |
Landlord
|
Tenant
|
Not
Applicable
|
|
|
|||
|
Sewer/Septic
|
x
|
o
|
o
|
|
Water
|
x
|
o
|
o
|
|
Electric
|
o
|
x
|
o
|
|
Gas
|
o
|
o
|
x
|
|
Telephone
|
o
|
x
|
o
|
|
HVAC
(maintenance/service contract)
|
x
|
o
|
o
|
|
Elevator
(including phone line)
|
o
|
o
|
x
|
|
Security
System
|
o
|
o
|
x
|
|
Fiber
Optic
|
o
|
o
|
x
|
|
Janitor/Cleaning
|
o
|
o
|
x
|
|
Trash/Dumpster
|
x
|
o
|
o
|
|
Landscaping/Maintenance
|
x
|
o
|
o
|
|
Sprinkler
System (including phone line)
|
o
|
o
|
x
|
|
Pest
Control
|
o
|
o
|
x
|
| Install of a 220V |
o
|
x
|
o
|
| n/a |
o
|
o
|
o
|
| n/a |
o
|
o
|
o
|
| n/a |
o
|
o
|
o
|
3
Landlord
shall not be liable for injury to Tenant's business or loss of income therefrom
or for damage that may be sustained by the person, merchandise
or personal property of Tenant, its employees, agents, invitees or contractors
or any other person in or about the Premises, caused
by
or resulting from fire, steam, electricity, gas, water or rain, which may leak
or flow from or into any part of the Premises, or from
the
breakage, leakage, obstruction or other defects of any utility installations,
air conditioning system or other components of the Premises or the Property,
except to the extent that such damage or loss is caused by Landlord's gross
negligence or willful misconduct. Landlord
makes no representations or warranties with respect to the heating, ventilation
and air conditioning system(s) or utility installation: existing
as of the date hereof or in the future. Subject to the provisions of this
paragraph 6, Landlord shall not be liable in damages or otherwise
for any discontinuance, failure or interruption of service to the Premises
of
utilities or the heating, ventilation and air conditioning
system(s) and Tenant shall have no right to terminate this Lease or withhold
rental because of the same.
RULES
AND REGULATIONS
7. The
rules
and regulations, if any, attached hereto ("Rules and Regulations'') are made
a
part of this Lease. Tenant agrees to comply with any
Rules
and Regulations of Landlord in connection with the Premises which are in effect
at the time of the execution of the Lease or which
may
be from time to time promulgated by Landlord in its reasonable discretion,
provided such Rules and Regulations are in writing and
are
not in conflict with the terms and conditions of the Lease. Landlord shall
use
commercially reasonable efforts to enforce such Rules and
Regulations at the Property, provided, however, in no event shall Landlord
be
obligated to make any material expenditures in connectio with
the
enforcement of such Rules and Regulations. Landlord shall not be liable for
any
damages arising from any use, act or failure to act
of
any other tenant or occupant (including such tenant's or occupant's invitees,
agents or employees), if any, of the Property.
PERMITTED
USES
8. The
permitted use of the Premises shall be: Professional
Office use Only
("Permitted
Use"). The Premises shall be used and wholly occupied by Tenant solely for
the
purposes of conducting the Permitted Use, and the
Premises shall not be used for any other purposes unless Tenant obtains
Landlord's prior written approval of any change in use. Landlord makes
no
representation or warranty regarding the suitability of the Premises for or
the
legality (under zoning or other applicable ordinances of
the
Permitted Use for the Premises, provided however, that Landlord does represent
that it has no contractual obligations with other parties
which will materially interfere with or prohibit the Permitted Use of Tenant
at
the Premises. At Tenant's sole expense, Tenant shall procure,
maintain and make available for Landlord's inspection from time to time any
governmental license(s) or permit(s) required for the
proper and lawful conduct of Tenant's business in the Premises. Tenant shall
not
cause or permit any waste to occur in the Premises and
shall
not overload the floor, or any mechanical, electrical, plumbing or utility
systems serving the Premises. Tenant shall keep the Premises,
and every part thereof, in a clean and wholesome condition, free from any
objectionable noises, loud music, objectionable
odors or nuisances.
TAXES,
INSURANCE AND COMMON AREA AND PROPERTY OPERATING EXPENSES
9.
Landlord shall pay all taxes (including but not limited to, ad valorem taxes,
special assessments and any other governmental charges) on
the
Property, shall procure and pay for such commercial general liability, broad
form fire and extended and special perils insurance with
respect to the Property as Landlord in its reasonable discretion may deem
appropriate and shall maintain and operate the Common Areas
and
the Property. Tenant shall reimburse Landlord for its proportionate share of
all
taxes, insurance and Common Areas and Property operating
expenses as provided herein within fifteen (15) days after receipt of notice
from Landlord as to the amount due. Tenant shall be
solely
responsible for insuring Tenant's personal and business property and for paying
any taxes or governmental assessments levied thereon.
Tenant shall reimburse Landlord for its proportionate share of taxes, insurance
and Common Areas and Property operating expense: during the term of this Lease,
and any extension or renewal thereof; as follows:
Taxes
o
Its proportionate share
of the amount by which all taxes (including but not limited to, ad valorem
taxes, special assessments and
any
other governmental charges) on the Property for each tax year exceed all taxes
on the Property for the tax year n/a
; or
q
Its
proportionate share of all taxes (including but not limited to, ad valorem
taxes, special assessments and any other governmental charges)
on the Property for each tax year.
If
the
final Lease Year of the term fails to coincide with the tax year, then any
excess for the tax year during which the term ends shall be
reduced by the pro rata part of such tax year beyond the Lease term. If such
taxes for the year in which the Lease terminates are not ascertainable
before payment of the last month's rental, then the amount of such taxes
assessed against the Property for the previous tax year
shall be used as a basis for determining the pro rata share, if any, to be
paid
by Tenant for that portion of the last Lease Year.
4
| r |
If
this box is checked, Tenant shall reimburse Landlord for its proportionate
share of taxes by paying to Landlord, beginning on
the Rent Commencement Date and on the first day of each calendar
month
during the term hereof, an amount equal to one-twelfth
(1/12) of its proportionate share of the then current tax payments
for the
Property. Upon receipt of bills, statements or
other evidence of taxes due, Landlord shall pay or cause to be paid
the
taxes. If at any time the reimbursement payments by Tenant
hereunder do not equal its proportionate share of the amount of taxes
paid
by Landlord, Tenant shall upon demand pay to
Landlord an amount equal to the deficiency or Landlord shall
ref-6nd
to Tenant any overpayment (as applicable) as documented
by Landlord. Landlord shall have no obligation to segregate or otherwise
account for the tax reimbursements paid hereunder
except as provided in this paragraph
9.
|
Insurance
o
Its
proportionate share of the excess cost of commercial general liability, broad
form fire and extended and special perils insurance with
respect to the Property over the cost of the first year of the Lease term for
each subsequent year during the term of this Lease; or
o
Its
proportionate share of the cost of all commercial general liability, broad
form
fire and extended and special perils insurance with respect
to the Property.
Provided,
however, that in the event Tenant's use of the Premises results in an increase
in the rate of insurance on the Property, Tenant also shall pay to Landlord,
upon demand and as additional rental, the amount of any such
increase.
| o |
If
this
box is checked, Tenant shall reimburse Landlord for its proportionate
share of insurance by paying to Landlord, beginning on
the Rent Commencement Date and on the first day of each calendar
month
during the term hereof, an amount equal to one-twelfth
(1/12) of its proportionate share of the then current insurance premiums
for the Property. Upon receipt of bills, statements
or other evidence of insurance premiums due, Landlord shall pay or
cause
to be paid the insurance premiums. If at any
time the reimbursement payments by Tenant hereunder do not equal
its
proportionate share of the amount of insurance premiums
paid by Landlord, Tenant shall upon demand pay to Landlord an amount
equal
to the deficiency or Landlord shall refund
to Tenant any overpayment (as applicable) as documented by Landlord.
Landlord shall have no obligation to segregate or
otherwise account for the insurance premium reimbursements paid hereunder
except as provided in this paragraph
9.
|
Common
Areas and Property Operating Expenses
o
Its
proportionate
share of all Common Areas and Property operating expenses.
For
the
purpose of this Lease, Common Areas and Property operating expenses shall
include: (a) the cost of water and sewer services for any
exterior landscaping irrigation systems; (b) the cost of utilities to service
the Property (not separately metered to tenants and regardless of
their
allocation to Landlord under paragraph 6 hereof) including but not limited
to,
electric service for any parking lot lighting, marquee signs,
ground signs, pylon signs, time clocks, irrigation systems, common electric
outlets used in connection with maintenance of the Proper and
such
other electric costs, including the replacement of light bulbs in Common Areas
light fixtures as necessary to properly maintain and
operate the Common Areas; (c) the cost of the removal of any trash, including
the rental cost of dumpster units and fees for refuse removal; (d) the cost
of
exterior window washing of vacant spaces, cleaning of any building exterior,
awnings, sidewalks, driveways and parking
areas; (e) the cost of any grounds maintenance, including but not limited to
charges for maintaining plant materials, fertilizer, pestic grass mowing,
pruning of plants, planting of annual flowers, removal of debris and trash
from
Common Areas, cleaning supplies, and such other
expenses necessary to maintain the Property; (f)
the
cost
of service contracts with independent contractors to maintain on a regular
basis
the
plumbing systems outside the rentable areas of each tenant, and to provide
for
pest control and exterminating services for the Common
Areas; (g) the cost of maintaining the parking areas and driveways, including
the re-striping of parking spaces, patching of deteriorated pavement,
replacement of parking signs or directional signs; (h) the cost of Landlord's
personnel when such personnel are engaged
directly in the maintenance of the Common Areas of the Property, including
the
cost of employer taxes and a proration of employee benefits; (i) the cost of
snow and ice removal from parking areas, driveways, walkways and service areas;
(j) the cost of telephone, telegraph stationery,
advertising, and mail or shipping costs related directly to the maintenance
or
operation of the Property, (k) the cost of all capital and
structural repair maintenance for the Property and systems related thereto;
and
(I)
such
other costs and expenses as are typically incurred
in the maintenance and operation of a property of this type, inclusive of a
management fee paid by Landlord to a property manager or
property management company or organization for the management of the Property
and any owner association dues or assessments. Within
one hundred eighty (180) days following the end of each calendar year, Landlord
shall cause a statement to be prepared of the actual
cost of Common Areas and Property operating expenses for such calendar year
and
shall provide Tenant a copy of same. Tenant's proportionate
share of Common Areas and Property operating expenses is presently estimated
to
be the sum of $n/a
annually
or $ 11/a
per
month.
| o |
If
this box is checked, Tenant shall reimburse Landlord for its proportionate
share of Common Areas and Property operating expenses
by paying to Landlord, beginning on the Rent Commencement Date and
on the
first day of each calendar month during
the term hereof, the amount set forth above as the presently estimated
per
month proportionate share of Common Areas
and Property operating expenses for the Premises. Landlord shall
pay or
cause to be paid the Common Areas
and
|
5
Property
operating expenses. Within one hundred eighty (180) days following the end
of
each calendar year, Landlord shall: (i)
cause
a statement to be prepared of the actual cost of Common Areas and Property
operating expenses for such calendar
year and shall notiy Tenant of any overpayment or underpayment of Tenant's
proportionate share of these items during
such prior calendar year; and, (ii) establish an estimate of the cost of Common
Areas and Property operating expenses for
the
then current calendar year. To the extent Tenant has overpaid Tenant's
proportionate share of these items for the preceding
calendar year, such overage shall be credited to Tenant's proportionate share
of
these items for the current calendar year.
To
the extent Tenant has underpaid Tenant's proportionate share of these items
for
the preceding calendar year, Tenant shall,
on
the first day of the calendar month following receipt of the statement from
Landlord setting forth the amount of such underpayment,
pay to Landlord the full amount of such underpayment for the preceding calendar
year. In addition, beginning on
the
first day of the calendar month following the date upon which Landlord shall
have delivered to Tenant the statement for
the
estimated Common Areas and Property operating expenses for the then current
calendar year, Tenant shall pay to Landlord
the product of one-twelfth (1112) of Tenant's proportionate share of the
estimated Common Areas and Property operating
expenses for the then current calendar year multiplied by the number of calendar
months in the calendar year which shall
have begun as of said first day, minus the aggregate amount of the monthly
payments for Tenant's proportionate share of expenses theretofore paid by Tenant
during such calendar year. The remainder of Tenant's proportionate share of
such
expenses for the then current calendar year shall be paid by Tenant to Landlord
on the first day of each succeeding month in equal consecutive
monthly installments of one-twelfth (1/12) of the total amount of Tenant's
proportionate share of Common Areas and
Property operating expenses as shown on the estimate thereof provided by
Landlord. Landlord shall have no obligation to segregate
or otherwise account for the insurance premium reimbursements paid hereunder
except as provided in this paragraph 9.
For
purposes of this paragraph 9, "Tenant's proportionate share" shall mean
(check
one):
q n/a %
of
the
expenses above designated; or
q $
n/a payable
monthly, in satisfaction of all reimbursements under this paragraph 9;
or
o
None-
Tenant
shall have no responsibility to reimburse Landlord for taxes, insurance or
Common Areas and Property
operating
expenses.
INSURANCE;
WAIVER; INDEMNITY
10. (a)
During the term of this Lease, Tenant shall maintain commercial general
liability insurance coverage (occurrence coverage) with
broad form contractual liability coverage and with coverage limits of not less
than1,000,000.00
combined
single limit, per occurrence, specifically including liquor liability insurance
covering consumption of alcoholic beverages by customers
of Tenant should Tenant choose to sell alcoholic beverages. Such policy shall
insure Tenant's performance of the indemnity provisions
of this Lease, but the amount of such insurance shall not limit Tenant's
liability nor relieve Tenant of any obligation hereunder. All
policies of insurance provided for herein shall name as "additional insureds"
Landlord, Landlord's Agent, all mortgagees of Landlord and such other
individuals or entities as Landlord may from time to time designate upon written
notice to Tenant. Tenant shall provide to
Landlord, at least thirty (30) days prior to expiration, certificates of
insurance to evidence any renewal or additional insurance procured by Tenant.
Tenant shall provide evidence of all insurance required under this Lease to
Landlord prior to the Lease Commencement Date.
(b) Landlord
(for itself and its insurer) waives any rights, including rights of subrogation,
and Tenant (for itself and its insurer waives
any rights, including rights of subrogation, each may have against the other
for
compensation of any loss or damage occasioned to
Landlord or Tenant arising from any risk generally covered by the "all risks"
insurance required to be carried by Landlord and Tenant. The
foregoing waivers of subrogation shall be operative only so long as available
in
the State of North Carolina. The foregoing waivers shall
be
effective whether or not the parties maintain the insurance required to be
carried pursuant to this Lease.
(c) Except
as
otherwise provided in paragraph 10(b), Tenant indemnifies Landlord for damages
proximately caused by the negligence
or wrongful conduct of Tenant and Tenant's employees, agents, invitees or
contractors. Except as otherwise provided in paragrap 10(b),
Landlord indemnifies Tenant for damages proximately caused by the negligence
or
wrongful conduct of Landlord and Landlord's employees,
agents, invitees or contractors. The indemnity provisions in this paragraph
10
cover personal injury and property damage and shall
bind the employees, agents, invitees or contractors of Landlord and Tenant
(as
the case may be). The indemnity obligations in this paragraph
10 shall survive the expiration or earlier termination of this
Lease.
REPAIRS
BY LANDLORD
11.
Landlord agrees to keep in good repair the roof, foundation, structural
supports, exterior walls (exclusive of all glass and exclusive of
all
exterior doors) and the Common Areas of the Property, except repairs rendered
necessary by the negligence or intentional wrongful acts
of
Tenant, its employees, agents, invitees or contractors. Tenant shall promptly
report in writing to Landlord any defective condition known
to
it which Landlord is required to repair and failure to report such conditions
shall make Tenant responsible to Landlord for any liability
incurred by Landlord by reason of such conditions.
REPAIRS
BY TENANT
6
12. (a)
Tenant accepts the Premises in their present condition and as suited for the
Permitted Use and Tenant's intended purposes.
Tenant,
throughout the initial term of this Lease, and any extension or renewal thereof,
at its expense, shall maintain in good order and repair the Premises, except
those repairs expressly required to be made by Landlord hereunder. Tenant shall
use only licensed contractors for
repairs where such license is required. Landlord shall have the right to approve
the contractor as to any repairs in excess of $
100.00
(b)
Tenant agrees to return the Premises to Landlord at the expiration or prior
termination of this Lease, in as good condition and
repair as on the Lease Commencement Date, natural wear and tear, damage by
storm, fire, lightning, earthquake or other casualty alone excepted.
Tenant, Tenant's employees, agents, invitees or contractors shall take no action
which may void any manufacturers or installers warranty
with relation to the Premises or the Property. Tenant shall indemnify and hold
Landlord harmless from any liability, claim, demanc or cause of action arising
on account of Tenant's breach of the provisions of this paragraph
12.
If
this
box is checked, there is heating, ventilation and air conditioning equipment
exclusively serving the Premises. Tenant, at its expense, shall maintain in
good
order and repair, including but not limited to replacement of parts,
compressors, air handling units
and
heating units; provided that, as to repair or replacement expenses for heating,
ventilation and air conditioning equipment in excess as Iva
(per
occurrence) or $
(annually), Landlord shall reimburse Tenant for the amount in
excess
of
the stated amount, provided that Tenant has obtained Landlord's prior written
approval of the contractor and the repair or replacement.
ALTERATIONS
13. Tenant
shall not make any alterations, additions, or improvements to the Premises
without Landlord's prior written consent, which consent
shall not be unreasonably withheld, conditioned or delayed. Tenant shall
promptly remove any alterations, additions, or improvemer constructed
in violation of this paragraph 13 upon Landlord's written request. All approved
alterations, additions, and improvements will be accomplished in a good and
workmanlike manner, in conformity with all applicable laws and regulations,
and
by a contractor approved by
Landlord, free of any liens or encumbrances. Landlord may require Tenant to
remove any alterations, additions or improvements (whethe or
not
made with Landlord's consent) at the termination of the Lease and to restore
the
Premises to its prior condition, all at Tenant's expent
All
alterations, additions and improvements which Landlord has not required Tenant
to remove shall become Landlord's property and shall be
surrendered to Landlord upon the termination of this Lease, except that Tenant
may remove any of Tenant's machinery, equipment or trade
fixtures which can be removed without material damage to the Premises or the
Property. Tenant shall repair, at Tenant's expense, any
damage to the Premises or the Property caused by the removal of any such
machinery, equipment or trade fixtures.
DESTRUCTION
OF OR DAMAGE TO PREMISES
14. (a)
If
the Premises are totally destroyed by storm, fire, lightning, earthquake or
other casualty, Landlord shall have the right tc terminate
this Lease on written notice to Tenant within thirty (30) days after such
destruction and this Lease shall terminate as of the date of
such
destruction and rental shall be accounted for as between Landlord and Tenant
as
of that date.
(b) If
the
Premises are damaged but not wholly destroyed by any such casualties or if
the
Landlord does not elect to terminate the
Lease
under paragraph 14(a) above, Landlord shall commence (or shall cause to be
commenced) reconstruction of the Premises within one hundred twenty (120) days
after such occurrence and prosecute the same diligently to completion, not
to
exceed two hundred seventy (270) days from the date upon which Landlord receives
applicable permits and insurance proceeds. In the event Landlord shall fail
to
substantially complete reconstruction of the Premises within said two hundred
seventy (270) day period, Tenant's sole remedy shall be to terminate
this Lease.
(c) In
the
event of any casualty at the Premises during the last one (1) year of the Lease
Term, Landlord and Tenant each shall
have the option to terminate this Lease on written notice to the other of
exercise thereof within sixty (60) days after such occurrence.
(d)
In
the event of reconstruction of the Premises, Tenant shall continue the operation
of its business in the Premises during any
such
period to the extent reasonably practicable from the standpoint of prudent
business management, and the obligation of Tenant to
pay
annual rental and any other sums due under this Lease shall remain in full
force
and effect during the period of reconstruction. The annual
rental and other sums due under this Lease shall be abated proportionately
with
the degree to which Tenant's use of the Premises
is
impaired, commencing from the date of destruction and continuing during the
period of such reconstruction. Tenant shall not be entitled to
any
compensation or damages from Landlord for loss of use of the whole or any part
of the Premises, Tenant's personal property, or any
inconvenience or annoyance occasioned by such damage, reconstruction or
replacement.
(c)
In
the event of the termination of this Lease under any of the provisions of this
paragraph 14, both Landlord and Tenant shall be released from any liability
or
obligation under this Lease arising after the date of termination, except as
otherwise provided for in
this
Lease.
GOVERNMENTAL
ORDERS
15.
Tenant, at its own expense, agrees to comply with: (a) any law, statute,
ordinance, regulation, rule, requirement, order, court decision or
procedural requirement of any governmental or quasi-governmental authority
having jurisdiction over the Premises; (b) the rules and
7
regulations
of any applicable governmental insurance authority or any similar body, relative
to the Premises and Tenant's activities therein; (c)
provisions of or rules enacted pursuant to any private use restrictions, as
the
same may be amended from time to time and (d) the Americ with
Disabilities Act (42 U.S.C. S. § 12101, et seq.) and the regulations and
accessibility guidelines enacted pursuant thereto, as the same may
be
amended from time to time. Landlord and Tenant agree, however, that if in order
to comply with such requirements the cost to Tens shall
exceed a sum equal to one (1) year's rent, then Tenant may terminate this Lease
by giving written notice of termination to Landlord in
accordance with the terms of this Lease, which termination shall become
effective sixty (60) days after receipt of such notice and which notice
shall eliminate the necessity of compliance with such requirements, unless,
within thirty (30) days of receiving such notice, Landlord agrees
in
writing to be responsible for such compliance, at its own expense, and commences
compliance activity, in which case Tenant's notice
given hereunder shall not terminate this Lease.
CONDEMNATION
16. (a)
If
the entire Premises shall be appropriated or taken under the power of eminent
domain by any governmental or
quasi-governmental
authority or under threat of and in lieu of condemnation (hereinafter, "taken"
or ''taking"), this Lease shall terminate as
of the
date of such taking, and Landlord and Tenant shall have no further liability
or
obligation arising under this Lease after such date,
except as otherwise provided for in this Lease.
(b) If
more
than twenty-five percent (25%) of the floor area of the Premises is taken,
or if
by reason of any taking of the Property or the Premises, regardless of the
amount so taken, the remainder of the Premises is not one undivided space or
is
rendered unusab for
the
Permitted Use, either Landlord or Tenant shall have the right to terminate
this
Lease as of the date the portion of the Premises of taking
of
the portion of the Premises or Property so taken, upon giving notice of such
election within thirty (30) days after receipt by Tenant from
Landlord of written notice that said portion of the Premises or the Property
have been or will be so taken. In the event of such termina both
Landlord and Tenant shall be released from any liability or obligation under
this Lease arising after the date of termination, except as
otherwise provided for in this Lease.
(c) Landlord
and Tenant, immediately after learning of any taking, shall give notice thereof
to each other.
(d) If
this
Lease is not terminated on account of a taking as provided herein above, then
Tenant shall continue to occupy that
portion of the Premises not taken and the parties shall proceed as follows:
(i)
at Landlord's cost and expense and as soon as reasonably possible,
Landlord shall restore (or shall cause to be restored) the Premises and/or
Property remaining to a complete unit of like quality and
character as existed prior to such appropriation or taking, and (ii) the annual
rent provided for in paragraph 3 and other sums due under the
Lease
shall be reduced on an equitable basis, taking into account the relative values
of the portion taken as compared to the portion remaining.
Tenant waives any statutory rights of termination that may arise because of
any
partial taking of the Premises and/or the Property.
(e) Landlord
shall be entitled to the entire condemnation award for any taking of the
Premises and/or the Property or any part
thereof. Tenant's right to receive any amounts separately awarded to Tenant
directly from the condemning authority for the taking of its
merchandise, personal property, relocation expenses and/or interests in other
than the real property taken shall not be affected in any manner
by
the provisions of this paragraph 16, provided Tenant's award does not reduce
or
affect Landlord's award and provided further, Tenant shall have no claim for
the
loss of its leasehold estate.
ASSIGNMENT
AND SUBLETTING
17.
Tenant shall not assign this Lease or any interest hereunder or sublet the
Premises or any part thereof; or permit the use of the Premises by any party
other than the Tenant, without Landlord's prior written consent, which consent
shall not be unreasonably withheld, conditioned or
delayed. Consent to any assignment or sublease shall not impair this provision
and all later assignments or subleases shall be made likewii only
on
the prior written consent of Landlord. No sublease or assignment by Tenant
shall
relieve Tenant of any liability hereunder.
EVENTS
OF DEFAULT
18. The
happening of any one or more of the following events (hereinafter any one of
which may be referred to as an "Event of Default") during
the term of this Lease, or any renewal or extension thereof; shall constitute
a
breach of this Lease on the part of the Tenant: (a) Tenar fails
to
pay when due the rental as provided for herein; (b) Tenant abandons or vacates
the Premises; (c) Tenant fails to comply with or abide
by
and perform any non-monetary obligation imposed upon Tenant under this Lease
within thirty (30) days after written notice of such
breach; (d) Tenant is adjudicated bankrupt; (e) A permanent receiver is
appointed for Tenant's property and such receiver is not remov within
sixty (60) days after written notice from Landlord to Tenant to obtain such
removal; (1) Tenant, either voluntarily or involuntarily, takes
advantage of any debt or relief proceedings under any present or future law,
whereby the rent or any part thereof is, or is proposed to
be,
reduced or payment thereof deferred and such proceeding is not dismissed within
sixty (60) days of the filing thereof; (g) Tenant makes an assignment for
benefit of creditors; or (h) Tenant's effects are levied upon or attached under
process against Tenant, which is not
satisfied or dissolved within thirty (30) days after written notice from
Landlord to Tenant to obtain satisfaction thereof.
REMEDIES
UPON DEFAULT
19. Upon
the
occurrence of Event of Default, Landlord may pursue any one or more of the
following remedies separately or concurrently, without
prejudice to any other remedy herein provided or provided by law: (a) Landlord
may terminate this Lease by giving written notice
8
to
Tenant
and upon such termination shall be entitled to recover from Tenant damages
as
may be permitted under applicable law; or (b) Landlord
may terminate this Lease by giving written notice to Tenant and, upon such
termination, shall be entitled to recover from the Xxxx damages
in an amount equal to all rental which is due and all rental which would
otherwise have become due throughout the remaining term
of
this Lease, or any renewal or extension thereof (as if this Lease had not been
terminated); or (c) Landlord, as Tenant's agent, withou terminating this Lease,
may enter upon and rent the Premises, in whole or in part, at the best price
obtainable by reasonable effort, without advertisement
and by private negotiations and for any term Landlord deems proper, with Tenant
being liable to Landlord for the deficiency, if
any,
between Tenant's rent hereunder and the price obtained by Landlord on reletting,
provided however, that Landlord shall not be considered
to be under any duty by reason of this provision to take any action to mitigate
damages by reason of Tenant's default and expressly
shall have no duty to mitigate Tenant's damages. No termination of this Lease
prior to the normal ending thereof, by lapse of time
or
otherwise, shall affect Landlord's right to collect rent for the period prior
to
termination thereof.
EXTERIOR
SIGNS
20. Tenant
shall place no signs upon the outside walls, doors or roof of the Premises
or
anywhere on the Property, except with the express written
consent of the Landlord in Landlord's sole discretion. Any consent given by
Landlord shall expressly not be a representation of or
warranty of any legal entitlement to signage at the Premises or on the Property.
Any and all signs placed on the Premises or the Property by Tenant shall be
maintained in compliance with governmental rules and regulations governing
such
signs and Tenant shall be responsible to
Landlord for any damage caused by installation, use or maintenance of said
signs, and all damage incident to removal thereof.
LANDLORD'S
ENTRY OF PREMISES
21. Landlord
may advertise the Premises "For Rent" or "For Sale"60
days
before the termination of this Lease. Landlord
may
enter
the Premises upon prior notice at reasonable hours to exhibit same to
prospective purchasers or tenants, to make repairs required of
Landlord under the terms hereof, for reasonable business purposes and otherwise
as may be agreed by Landlord and Tenant. Landlord may
enter
the Premises at any time without prior notice, in the event of an emergency
or
to make emergency repairs to the Premises. Upon request
of Landlord, Tenant shall provide Landlord with a functioning key to the
Premises and shall replace such key if the locks to the Premises
are changed.
QUIET
ENJOYMENT
22. So
long
as Tenant observes and performs the covenants and agreements contained herein,
it shall at all times during the Lease term peacefully and quietly have and
enjoy possession of the Premises, subject to the terms hereof.
HOLDING
OVER
23. If
Tenant
remains in possession of the Premises after expiration of the term hereof,
Tenant shall be a tenant at sufferance and there shall be no renewal of this
Lease by operation of law. In such event, commencing on the date following
the
date of expiration of the term, the
monthly rental payable under Paragraph 3 above shall for each month, or fraction
thereof during which Tenant so remains in possession of the Premises, be twice
the monthly rental otherwise payable under Paragraph 3 above.
ENVIRONMENTAL
LAWS
24. (a)
Tenant covenants that with respect to any Hazardous Materials (as defined below)
it will comply with any and all federal,
state or local laws, ordinances, rules, decrees, orders, regulations or court
decisions relating to hazardous substances, hazardous materials,
hazardous waste, toxic substances, environmental conditions on, under or about
the Premises or the Property or soil and ground
water conditions, including, but not limited to, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980,
the
Resource Conservation and Recovery Act, the Hazardous Materials Transportation
Act, any other legal requirement concerning hazardous
or toxic substances, and any amendments to the foregoing (collectively, all
such
matters being "Hazardous Materials Requirements").
Tenant shall remove all Hazardous Materials from the Premises, either after
their use by Tenant or upon the expiration or
earlier termination of this Lease, in compliance with all Hazardous Materials
Requirements.
(b) Tenant
shall be responsible for obtaining all necessary permits in connection with
its
use, storage and disposal of Hazardou Materials,
and shall develop and maintain, and where necessary file with the appropriate
authorities, all reports, receipts, manifest, filings, lists and invoices
covering those Hazardous Materials and Tenant shall provide Landlord with copies
of all such items upon request. Tenant shall provide within five (5) days after
receipt thereof, copies of all notices, orders, claims or other correspondence
from any federal, state or
local
government or agency alleging any violation of any Hazardous Materials
Requirements by Tenant, or related in any manner to Hazardous
Materials. In addition, Tenant shall provide Landlord with copies of all
responses to such correspondence at the time of the response.
(c) Tenant
hereby indemnifies and holds harmless Landlord, its successors and assigns
from
and against any and all losses, liabilities,
damages, injuries, penalties, fines, costs, expenses and claims of any and
every
kind whatsoever (including attorney's fees and costs) paid, incurred or suffered
by, or asserted against Landlord as a result of any claim, demand or judicial
or
administrative action by any
person or entity (including governmental or private entities) for, with respect
to, or as a direct or indirect result of, the presence on or under or the
escape, seepage, leakage, spillage, discharge, emission or release from the
Premises or the Property of any Hazardous Materials caused by Tenant or Tenant's
employees, agents, invitees or contractors. This indemnity shall also apply
to
any release of Hazardous
Materials caused by a fire or other casualty to the Premises if such Hazardous
Materials were stored on the Premises or the
9
Property
by Tenant, its agents, employees, invitees or successors in
interest.
(d) For
purposes of this Lease, "Hazardous Materials" means any chemical, compound,
material, substance or other matter that:
(i)
is defined as a hazardous substance, hazardous material or waste, or toxic
substance pursuant to any Hazardous Materials Requireme (ii)
is
regulated, controlled or governed by any Hazardous Materials Requirements,
(iii)
is petroleum or a petroleum product, or (iv) is asbe formaldehyde,
a radioactive material, drug, bacteria, virus, or other injurious or potentially
injurious material (by itself or in combination with
other materials).
(e) The
warranties and indemnities contained in this paragraph 24 shall survive the
termination of this Lease.
SUBORDINATION;
ATTORNMENT; ESTOPPEL
25. (a)
This
Lease and all of Tenant's rights hereunder are and shall be subject and
subordinate to all currently existing and future
mortgages
affecting the Premises. Within ten (10) days after the receipt of a written
request from Landlord or any Landlord mortgagee, Tenant shall confirm such
subordination by executing and delivering Landlord and Landlord's mortgagee
a
recordable subordination agreement
and such other documents as may be reasonably requested, in form and content
satisfactory to Landlord and Landlord's mortgagee.
Provided, however, as a condition to Tenant's obligation to execute and deliver
any such subordination agreement, the applicable
mortgagee must agree that mortgagee shall not unilaterally, materially alter
this Lease and this Lease shall not be divested by foreclosure or other default
proceedings thereunder so long as Tenant shall not be in default under the
terms
of this Lease beyond any applicable
cure period set forth herein. Tenant acknowledges that any Landlord mortgagee
has the right to subordinate at any time its interest
in this Lease and the leasehold estate to that of Tenant, without Tenant's
consent.
(b) If
Landlord
sells, transfers, or conveys its interest in the Premises or this Lease, or
if
the same is foreclosed judicially or
nonjudicially, or otherwise acquired, by a Landlord mortgagee, upon the request
of Landlord or Landlord's successor, Tenant shall attorn to
said
successor, provided said successor accepts the Premises subject to this Lease.
Tenant shall, upon the request of Landlord or Landlord' successor,
execute an attornment agreement confirming the same, in form and substance
acceptable to Landlord or Landlord's successor and
Landlord shall thereupon be released and discharged from all its covenants
and
obligations under this Lease, except those obligations that have accrued prior
to such sale, transfer or conveyance; and Tenant agrees to look solely to the
successor in interest of Landlord for the
performance of those covenants accruing after such sale, transfer or conveyance.
Such agreement shall provide, among other things, that
said
successor shall not be bound by (a) any prepayment of more than one (1) month's
rental (except the Security Deposit) or (b) any material
amendment of this Lease made after the later of the Lease Commencement Date
or
the date that such successor's lien or interest first
arose, unless said successor shall have consented to such
amendment.
(c) Within
ten (10) days after request from Landlord, Tenant shall execute and deliver
to
Landlord an estoppel certificate (to
be
prepared by Landlord and delivered to Tenant) with appropriate facts then in
existence concerning the status of this Lease and Tenant' occupancy,
and with any exceptions thereto noted in writing by Tenant. Tenant's failure
to
execute and deliver the Estoppel Certificate within
said ten (10) day period shall be deemed to make conclusive and binding upon
Tenant in favor of Landlord and any potential mortga or
transferee the statements contained in such estoppel certificate without
exception.
ABANDONMENT
26.
Tenant shall not abandon the Premises at any time during the Lease term. If
Tenant shall abandon the Premises or be dispossessed
by
process of law, any personal property belonging to Tenant and left on the
Premises, at the option of Landlord, shall be deemed abandonei and available
to
Landlord to use or sell to offset any rent due or any expenses incurred by
removing same and restoring the Premises.
NOTICES
27. All
notices required or permitted under this Lease shall be in writing and shall
be
personally delivered or sent by U.S. certified mail, return
receipt requested, postage prepaid. Notices to Tenant shall be delivered or
sent
to the address shown at the beginning of this Lease, except
that upon Tenant taking possession of the Premises, then the Premises shall
be
Tenant's address for such purposes. Notices to Landloi shall
be
delivered or sent to the address shown at the beginning of this Lease and
notices to Agent, if any, shall be delivered or sent to the address
set forth in Paragraph 3 hereof. All notices shall be effective upon delivery.
Any party may change its notice address upon written notice
to
the other parties, given as provided herein.
GENERAL
TERMS
28. (a)
"Landlord" as used in this Lease shall include the undersigned, its heirs,
representatives, assigns and successors in title
to
the
Premises. "Agent" as used in this Lease shall mean the party designated as
same
in Paragraph 3, its heirs, representatives, assigns
and
successors. "Tenant" shall include the undersigned and its heirs,
representatives, assigns and successors, and if this Lease shall be validly
assigned or sublet, shall include also Tenant's assignees or sublessees as
to
the Premises covered by such assignment or
sublease.
"Landlord", "Tenant", and "Agent" include male and female, singular and plural,
corporation, partnership or individual, as may fit the
particular parties.
(b)
No
failure of Landlord to exercise any power given Landlord hereunder or to insist
upon strict compliance by Tenant of
its
obligations hereunder and no custom or practice of the parties at variance
with
the terms hereof shall constitute a waiver of Landlord's
10
right
to
demand exact compliance with the terms hereof. All rights, powers and privileges
conferred hereunder upon parties hereto shall be
cumulative and not restrictive of those given by law.
(c) Time
is of the essence in this Lease.
(d) This
Lease constitutes the sole and entire agreement among the parties hereto and
no
modification of this Lease shall be binding unless in writing and signed by
all
parties hereto.
(e)
Each signatory to
this Lease represents and warrants that he or she has full authority to sign
this Lease and such instruments
as may be necessary to effectuate any transaction contemplated by this Lease
on
behalf of the party for whom he or she signs
and
that his or her signature binds such party.
(f)
Upon request by
either Landlord or Tenant, the parties hereto shall execute a short form lease
(memorandum of lease) in
recordable form, setting forth such provisions hereof (other than the amount
of
annual rental and other sums due) as either party may wish
to
incorporate. The cost of recording such memorandum of lease shall be borne
by
the party requesting execution of same.
SPECIAL
STIPULATIONS
o If
this box is
checked, additional terms of this Lease are set forth on Exhibit
C
attached
hereto and incorporated herein by reference. (Note:
Under North Carolina law, real estate
agents are
not permitted to draft lease provisions.)
THIS
DOCUMENT
IS A LEGAL DOCUMENT. EXECUTION OF THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT
COULD
BE
ENFORCEABLE IN A COURT OF LAW. THE NORTH CAROLINA ASSOCIATION OF REALTORS® MAKES
NO REPRESENTATIONS
CONCERNING THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS
DOCUMENT
OR THE TRANSACTION TO WHICH IT RELATES AND RECOMMENDS THAT YOU CONSULT YOUR
ATTORNEY.
IN
WITNESS WHEREOF, the parties hereto have hereunto caused this Lease to be duly
executed. LANDLORD:
Individual
Whitewoods,
LLC
Landlord
/s/ Xxxx Xxxxxxxxxx, manager
(Seal)
By
: Xxxx Xxxxxxxxxx
Date
May
30, 2007
Business Entity
n/a
_________________________________________
(Name of Firm)
(Name of Firm)
By:_________________________________(Seal)
Title:
n/a
Date:
n/a
TENANT:
Anchor
Funding Services, LLC
(SEAL)
By:
Xxxx Xxxxxxxxx,
President
Date:
5/21/2007
11
