EXHIBIT 6.1
LEASE AGREEMENT
THIS LEASE, made effective the 1st day of July, 1998, by and between
COLONIAL SQUARE PARTNERS, Lessor, and NORTHERN STAR BANK, Tenant;
Lessor does hereby lease to Tenant and Tenant hereby hires and takes of and
from Lessor those certain premises known and designated as Suite 106 containing
approximately 5,000 square feet of net rentable area, shown crosshatched in red
on the attached Exhibit A hereinafter referred to as the "Leased Premises" on
the first floor of that certain building located at and situated on the real
property commonly known as COLONIAL SQUARE, 0000 Xxxxxxx Xxxxxx, Xxxxxxx,
Xxxxxxxxx (hereinafter referred to as the "Building"), said leasing and taking
being upon all of the terms, covenants and conditions herein contained.
A. THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
1. COMMENCEMENT OF TERM. The term of this Lease and payment of rent
shall commence on the date that Tenant is authorized to commence
operations as a Minnesota state-chartered bank, which the parties
estimate will be on or about October 1, 1998.
The Lessor hereby leases and lets to the Tenant the above-
described premises for a 10 year term commencing October 1, 1998,
or as soon thereafter as Tenant is authorized to commence
operations as Minnesota state-chartered bank, but in no event
later than January 1, 1999.
2. RENT. During the first 3 years of this Lease, the Tenant
convenants and agrees to pay monthly to the Lessor as rent for the
Leased Premises $6,041.67 (Base Rent) in advance on the first day
of each and every month for and during the full term of this
Lease, at the offices of Security Management & Realty, Inc. (SMR).
During the second 3 years of this Lease, the monthly Base Rent
shall be $6,250 and for the last 4 years, Base Rent shall be
$6458.33. In the event real estate taxes increase because of usage
of the property as a bank, Tenant shall, in addition to the rent
provided fore herein, pay that portion of the real estate tax
increase attributable to improvements made for Tenant.
3. RENEWAL OPTIONS. Lessor hereby grants to Tenant the option to
renew the Lease for two (2) additional terms of five (5) years
each upon written notice given to Lessor at least six (6) months
prior to the original expiration date of this Lease or the
expiration of the extended term, all upon the same terms and
conditions herein contained except the Base Rent shall be
negotiated at the time of renewal.
4. CONTINGENCY OF AGREEMENT. Lessor and Tenant expressly agree that
all of the terms and conditions of this agreement and obligations
to perform hereunder are contingent upon the final regulatory
approvals of pending applications by the Tenant to establish a
banking facility in the demised premises. Regulatory agency
approvals include, but are not limited to those of the Minnesota
Department of Commerce (State Banking Commissioner) and the
Federal Deposit Insurance Corporation (FDIC). Unless such
applications are approved and all other regulatory compliance and
permits required to operate the banking office in a manner deemed
legal and operationally acceptable by the Tenant are obtained
within 120 days of this agreement, neither the Lessor nor the
Tenant are obligated to perform under any of the terms and
conditions of this agreement.
B. TENANT HEREBY AGREES AS FOLLOWS:
1. USE OF PREMISES. The Leased Premises shall be used for the purpose
of a bank or other business activities of Tenant and its
affiliates and/or associates as permitted by its supervisory
agencies. No other use shall be permitted without the express
written consent of the Lessor. No part of the Leased Premises
shall be used for any purpose which is illegal, offensive, termed
extra hazardous by insurance companies or which my make void or
voidable any insurance on the Building or which my increase the
premiums therefore, or which will interfere with the general
safety, comfort and convenience of the Lessor and tenants of the
Building. There shall be no commercial sale of food or beverages
by mobile facilities or by vending machines or equipment on the
leased premises without the written consent of the Lessor.
2. ACCEPTANCE OF PERMISES. Taking possession of the Leased Premises
by Tenant shall be conclusive evidence the Leased Premises were,
on that date, in good, clean ant tenantable condition and as
represented by Lessor.
3. RIGHT TO ASSIGN OR SUBLET. Tenant shall not assign this Lease or
sublet all or any portion of the Leased Premises without first
obtaining on each occasion the written consent of Lessor, such
consent not to be unreasonably withheld. Neither
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this Lease nor nay interest therein, nor any estate thereby
created, shall pass to any trustee or receiver in bankruptcy, or
any assignee for the benefit of creditors, or by operation of law.
4. SIGNS. Tenant may permit signs to be placed for the term of the
Lease and any renewals or extensions on the building over the main
entrance to include its logo and name as shown on attached Exhibit
B and other signage on the Leased Premises, and shall have the
right to letter the entrance to the Leased Premises providing the
size, style, text and color are first approved in writing by
Lessor, approval not to be unreasonably withheld by Lessor. Tenant
may allow other exterior signage to be placed for the tem of this
Lease and any renewals or extensions, except that their location,
shape, lighting, and other details must be approved by the City
and Lessor, approval not to be unreasonably withheld by Lessor.
Any sign or lettering not so approved may be removed by Lessor at
Tenant's expense. Lessor may provide exterior tenant directory at
the option of each Tenant and at Tenant's expense.
5. PARKING. In the event use of the parking area has to be restricted
by lessor, Tenant shall be allocated a portion thereof equal to
the proportion of the Building leased by Tenant. Bank shall be
guaranteed spaces convenient to the front entrance.
6. QUIET ENJOYMENT. Upon Tenant paying the rent reserved hereunder
and observing all of the convents, conditions and provisions on
Tenant's part to be observed hereunder, Tenant shall have quiet
possession of the Leased Premises for the entire term hereof,
subject to all provisions of this Lease.
7. RULES AND REGULATIONS. Tenant shall use the Leased Premises and
the public area in the Building in accordance with such rules and
regulations as may from time to time be made by Lessor for the
general safety, comfort and convenience of the owners, occupants
and tenants of the Building, and shall cause Tenant's customers,
employees and invitees to abide by such rules and regulations.
8. WASTE. Tenant shall conserve heat, air conditioning, water, and
electricity and shall use due care in the use of the Leased
Premises, and of the public areas in the Building, and without
qualifying for the foregoing, shall not neglect or misuse water
fixtures, electric lights and heating and air conditioning
apparatus. Tenant shall pay promptly to Lessor forthwith, upon
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demand, an amount equal to any cost incurred by Lessor in
repairing the Leased Premises or the Building where such repair
was made necessary by the negligence of, or misuse by Tenant or an
employee, customer or invitee of the Tenant, or by reason of any
open window in the Leased Premises.
9. RIGHT TO ENTER. Lessor, its agents and representatives may at any
and all reasonable times with advance notice to Tenant during the
day and night enter to view and inspect the Leased Premises, or to
clean and maintain the same, or to make repairs, or to make such
improvements or changes in the Leased Premises or the Building as
Lessor may deem proper. The right of entry reserved in the
immediately preceding sentence shall not be deemed to impose any
greater obligation of Lessor to claim, maintain, repair or change
the Leased Premises than is specifically provided in this Lease.
The Lessor, its agents or representatives may at any time in case
of emergency enter the Leased Premises and do such acts as Lessor
may deem proper with reasonable attempts to contact Tenant in
advance, if practical under the circumstances, in order to protect
the Leased Premises, the Building or any occupants of the
Building. There shall be no diminution of rent or liability on the
part of Lessor by reason of inconvenience, annoyance or injury to
business on account of any such entry or acts by Lessor, its
agents or representatives.
10. PERSONAL PROPERTY RISK. Lessor shall not be liable to Tenant, or
those claiming under Tenant for injury, death or property damage
occurring in, on or about the Building and appurtenances thereto
except in the case of gross negligence and wrongful acts, and
Tenant shall indemnify Lessor and hold it harmless from any claim
or damage occurring in, on or about the Leased Premises to Tenant
or an employee, customer or invitee of Tenant. Without limiting
Tenant's liability hereunder, Tenant agrees, at it own cost and
expense, to carry public liability insurance protecting Lessor and
Tenant in the amounts of One Hundred Thousand Dollars
($100,000.00) for personal injuries sustained by any one person,
Three Hundred Thousand Dollars ($300,000.00) for injuries
sustained by any one accident, and Fifty Thousand Dollars
($50,000.00) for property damage. All policies of insurance shall
name both Lessor and Tenant as insurers thereunder and shall
protect the interest of Lessor. Certificates of said insurance
providing for not less than fifteen (15) days notice to Lessor
prior to cancellation thereof shall be
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furnished to Lessor prior to Tenant taking possession of the
demised premises.
11. WAIVER OF SUBROGATION. Notwithstanding anything in this lease to
the contrary, if the Building is damaged, destroyed by fire, or an
extended coverage risk, Tenant, its agents, employees,
representatives and invitees are hereby released from any
liability by reason thereof to the extent of insurance proceeds
realized by Lessor as a result of such damage or destruction. In
no event shall any such release be applicable if to do so would
work in contravention of any requirement in a subrogation,
coverage is or may be void.
12. LIGHT AND AIR. Tenant has no right to light and air over any
premises adjoining the Building.
13. ALTERATIONS. Tenant will not make any alterations of or additions
to the Leased Premises without the written approval of Lessor and
all alterations, additions or changes which may be made by either
of the parties hereto upon the Leased Premises except moveable
office furnishings shall be the property of Lessor and shall
remain upon and be surrendered with the Leased Premises, as a part
thereof, at the termination of the Lease or any extension thereof.
In connection with any alterations, additions, improvements or
changes will be completed according to plan and will be paid for.
Tenant will not permit any mechanics', laborers', or materialmens'
liens to stand against the Leased Premises or the Building for any
labor or material furnished to, or for the account of, Tenant or
claimed to have been so furnished in connection with any work
performed or claimed to have been preformed in, on or about he
Leased Premises. Lessor may, at its option, discharge any such
lien, and the amount of the lien, together with costs and
reasonable attorney's fees, shall become additional rent due
immediately hereunder.
14. ATTORNMENT. Tenant shall, in the event any proceedings are brought
for the foreclosure of or in the event of exercise of the power of
sale under any mortgage made by Lessor covering the Leased
premises attorn to the purchaser upon any such foreclosure or sale
and recognize such purchaser as the Lessor under this Lease.
15. SUBORDINATION. Tenant agrees that this Lease shall, at the request
of the Lessor, be subordinate to nay mortgages or deeds
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of trust that may hereafter be placed on said premises and to any
and all advances to be made thereunder, and to the interest
thereon, and all renewals, replacements and extensions thereof,
provided the mortgagee or trustee named in siad mortgages or trust
deeds shall agree to recognize the Lease of Tenant in the event of
foreclosure if Tenant is not in default. Tenant also agrees that
any mortgagee or trustee may elect to have this Lease a prior lien
to its mortgages or deed of trust, and in the event of such
election and upon notification by such mortgagee or trustee to
Tenant to that effect, this Lease shall be deemed prior in lien to
the said mortgage or deed of trust, whether this Lease is dated
prior to or subsequent to the date of said mortgage or deed of
trust. Tenant agrees, that upon the request of Lessor, any
mortgagee or any trustee, it shall execute whatever instruments
may be required to carry out the intent of this section.
16. TENANT TO SURRENDER PREMISES. Upon the expiration or the
termination of term of the Lease, Tenant shall, at its expense:
a) Remove Tenant's goods and effects and those of all persons
claiming under Tenant.
b) Quit and deliver up the Leased Premises to Lessor peaceable
and quietly, in as good order and condition as the same were
in on the date the term of this Lease commenced or were
thereafter placed in by Lessor, reasonable wear and tear
excepted.
c) At Lessor's request, restore the Leased Premises to general
office standards adopted from time to time by Lessor for
general application throughout the Building. Any property
left in the Leased Premises after the expiration or
termination of the term of this Lease shall be deemed to have
been abandoned and the property of Lessor to dispose of as
Lessor deems expedient.
17. WAIVER OF COVENANTS. Failure of Lessor to insist, in any on or
more instances, upon strict performance of any term, covenant or
condition of this Lease, or to exercise any option herein
contained shall not be construed as a waiver, or a relinquishment
for the future, of such term, covenant, condition or option, but
the same shall continue and remain in full force and effect. The
receipt by Lessor of rents with knowledge of a
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breach in any of the terms, covenants or conditions of this Lease
to be kept or performed by Tenant shall not be deemed a waiver of
such breach, and Lessor shall not be deemed to have waived any
provision of this Lease unless expressed in writing and signed by
Lessor.
X. XXXXXX HEREBY AGREES AS FOLLOWS:
1. HEATING AND AIR CONDITIONING. Lessor will furnish reasonable heat
and air conditioning during business hours and during the usual
and appropriate seasons at Lessor's expense.
2. UTILITIES AND SERVICE. Lessor will provide electricity to all
common areas, stairways, hallways, parking lots and the Leased
Premises. Tenant shall, at his own expense, be responsible for the
telephone service used in their leased premises.
3. JANITOR. Lessor will also provide janitor services Monday through
Friday, holidays excepted, for all common area.
4. BUSINESS HOURS. Usual business hours as used herein shall mean the
hours between 8:00 a.m. and 5:00 p.m. Monday through Friday,
holidays excepted. Premises during hours established by them for
their convenience.
5. TEMPORARY INTERRUPTION OF SERVICES. Lessor shall not be liable to
Tenant, its agents, employees, representatives, customers or
invitees for any inconvenience, loss or damage or for any injury
to any person or property caused by or resulting from any casual
ties, riots, strikes, picketing, accidents, breakdowns or any
cause beyond Lessor's reasonable control or from any temporary
failure or lack of such services and Tenant shall indemnify Lessor
and hold Lessor harmless from any claim or damage because of such
inconvenience, loss, damage or injury. No variation, interruption
or failure to such services incident to the making of repairs,
alterations or improvements or due to casualties, riots, strikes,
picketing, accidents, breakdowns, or any cause beyond Lessor's
reasonable control or temporary failure to lack of such services
shall be deemed an eviction of Tenant or relieve Tenant from any
of Tenant's obligations hereunder.
6. SNOW REMOVAL. That snow removal on all sidewalks surrounding or
adjacent to the Building and all parking lots
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used in connection therewith is the responsibility of the Lessor
and shall be accomplished within a reasonable time after a
snowfall.
7. NOTICES. A xxxx, statement, notice or communication which Lessor
desires or is required to give to Tenant, including any notice or
termination, shall be deemed sufficiently given or rendered if in
writing, delivered to Tenant personally, or sent by registered or
certified mail, addressed to Tenant at the Leased Premises or left
at the Leased Premises, addressed to Tenant, and the time of
rendition or giving shall be deemed to be the time when the same
is delivered to Tenant, or mailed or left at the Leased Premises
as herein provided. Any notice by Tenant to Lessor must be served
by registered or certified mail addressed to Lessor at the address
where the last previous rental hereunder was payable, or upon
notice given to Tenant, at such other place as Lessor designates.
8. EMINENT DOMAIN. If the entire Building is taken by eminent domain,
this Lease shall automatically terminate as of the date of taking.
If a portion of the Building is taken by eminent domain, Lessor
shall have the right to terminate this Lease by giving written
notice thereof to Tenant within ninety (90) days after the date of
taking. If a portion of the Leased Premises is taken by eminent
domain and this Lease is not thereby terminated, Lessor shall, at
it expense, restore the Leased Premises exclusive of any
improvements or other changes made to the premises by Tenant, to
as near the condition which existed immediately prior to the date
of taking as reasonable possible, and rent shall xxxxx during such
period of time as the Leased Premises are untenantable, in the
proportion that the untenantable portion of the Leased Premises
bears to the entire Leased Premises. All damages awarded for a
taking under the power of eminent domain, whether for the whole or
a part of the Leased Premises, shall belong to, and be the
property of, Lessor, whether such damages shall be awarded as
compensation for diminution in value to the leasehold estate
hereby created or to the fee of the Leased Premises provided,
however, that Lessor shall not be entitled to any award made to
Tenant for loss of business, fair value of, and cost of removal of
stock and fixtures. The term "eminent domain" shall include the
exercise of any similar governmental power and any purchase or
other acquisition in lieu of condemnation.
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9. FIRE OR OTHER CASUALTY. In the event of a partial or total
destruction of the Leased Premises during the term hereof from any
cause, Lessor shall with reasonable diligence repair the same,
provided, however, that in the event Lessor in its sole and
absolute discretion determines it to be impractical to repair the
premises, it may terminate this Lease. In the event Lessor shall
elect to repair the premises, this Lease shall not terminate, but
Tenant shall be entitled to a reduction of rent during any period
of time that any significant portion of the Leased Premises are
untenantable, such reduction to be calculated in the proportion
that the untenantable portion of the Leased Premises bears to the
entire Leased Premises. Lessor shall not be responsible to Tenant
for damage to, or destruction of, any furniture, equipment,
improvements or other changes made by Tenant in, on or about the
Leased Premises regardless of the cause of the damage or
destruction.
10. TIME OF POSSESSION. If the Leased Premises shall, on the date of
commencement of the term of this Lease, be in the possession and
occupancy of any person not lawfully entitled thereto, Lessor
shall use due diligence to obtain possession thereof for Tenant.
If the Leased Premises shall not be ready for occupancy at said
time because construction has not yet been completed or by reason
of any building operations, repairing or remodeling to be done by
Lessor, Lessor shall use due diligence to complete such
construction, building operations, repairing or remodeling. It is
agreed that Lessor using due diligence shall not in any way be
liable for failure to obtain possession of the Leased Premises for
Tenant, or to deliver the possession thereof to Tenant with such
building construction, operations, repairing or remodeling
completed, except that the rentals hereunder shall be abated until
the Leased Premises shall, on Lessor's part, be ready for the
occupancy of Tenant, this Lease remaining in all other things in
full force and effect and the term of this Lease shall hereby be
extended by the period of such delay notwithstanding the above, if
the Leased Premises are not ready for occupancy within sixty (60)
days of the date Tenant gives notice it is ready to occupy Leased
Premises, the Tenant is not obligated to perform under any of the
terms of this agreement.
11. HOLDING OVER. Should Tenant continue to occupy the Leased
premises, or any part thereof, after the expiration or termination
of the term of this Lease, such tenancy shall be from month to
month, at the sole option of the Lessor, and at a rental of one
and one-half times the last rental charge stated in Article
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A.2., subject to all of the conditions, provisions and obligations
of this Lease, including, without limitation, the additional
rental described in Article A.2. insofar as the case is applicable
to a month-to-month Tenant.
12. LESSORS RIGHT TO CURE DEFAULT. If Tenant defaults in the
observance or performance of any of Tenant's covenants, agreements
or obligations hereunder wherein the default can be cured by the
expenditure of money, Lessor may, but without obligation and
without limiting any of the remedies which it may have by reason
of such default, cure the default, charge the cost thereof to
Tenant, and Tenant shall pay the same forthwith upon demand. (In
the event the same shall not be paid to Lessor within ten (10)
days from the date of billing, the same shall bear interest at the
rate of ten percent (10 ) per annum.) When any sum of money
hereunder becomes due to Lessor by Tenant, such sum shall be
deemed to be additional rent due hereunder.
13. DEFAULT. If Tenant shall default in the payment of any installment
of rent, or in the observance or performance of any of Tenant's
other covenants, agreements or obligations hereunder, or if any
proceeding is commenced by or against Tenant for the purpose of
subjecting the assets of Tenant to any law relating to bankruptcy
or insolvency or for an appointment of a receiver of Tenant or any
of Tenant's assets, or if Tenant makes a general assignment of
Tenant's assets for the benefit of creditors, then, in any such
event, Lessor may:
a) Without process, however, with advance notice to Tenant to
allow Tenant reasonable time to remove its books, records,
files, documents, computer records and all written records,
re-enter into the Leased Premises and remove all persons and
property therefrom and at its option annual and cancel this
Lease as to all future rights of Tenant, and have, regain,
repossess and enjoy the Leased Premises, anything herein to
the contrary notwithstanding, and Tenant hereby expressly
waives the service of any notice in writing of intention to
re-enter as aforesaid and also all right of restoration to
possession of the Leased Premises after re-entry or after
judgment for possession thereof. In case of any such
termination, Tenant will indemnify Lessor against all loss of
rents and other damages which it may incur by reason of such
termination during the residue of the Lease term, and also
against all attorney's fees and expenses incurred in
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enforcing any of the terms of this Lease; or at Lessor's sole
option,
b) Re-enter and take possession of the Leased Premises in the
manner provided in Subparagraph a) immediately above, without
such re-entry constituting a cancellation or termination of
this Lease or a forfeiture of the Base Rent and additional
rent to be paid or of the covenants, agreements and
conditions to be kept and performed by Tenant for and during
the remainder of the term hereof. Failure of Lessor to notify
Tenant in writing of its election hereof at the time it
re-enters and takes possession of the Leased Premises shall
indicate an election to re-enter and take possession without
terminating this Lease. Lessor shall not be deemed to be in
default under this Lease until Tenant has given Lessor
written notice specifying the nature of the default and
Lessor does not cure such default within thirty (30) days
after receipt of such notice or within such reasonable time
thereafter as may be necessary to cure such default if such
default is of such a character as to reasonable require more
than thirty (30) days to cure.
14. ADDITIONAL TERMS AND CONDITIONS. Lessor and Tenant agree that
without the written consent of any mortgagee or trustee holding a
mortgage or deed of trust with respect to the Leased Premises,
Lessor shall not:
a) Collect or accept payments of rent under this Lease more than
one month in advance;
b) Require of permit Tenant under this Lease to pay rent other
than in equal monthly installments payable in advance (other
than payments of percentage rent and security deposits, if
any);
c) Require or permit Tenant under this Lease to pay any
percentage or other rental based in whole or in part on such
Tenant's income or profits, as opposed to such Tenant's sales
or receipts;
d) Require or permit Tenant under this Lease to deduct taxes or
other operating expenses paid directly or indirectly by it
for purposes of computing the income on which percentage
rental is based;
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e) Agree with any Tenant to furnish to such Tenant any services
other than those provided for in the Lease, or to manage or
to operate such Tenant's leased Premises unless Lessor
provides mortgagee with an unqualified opinion of counsel
acceptable to mortgagee that the furnishing or rendering of
the services or management function in question would, if the
Tenant in question were a direct Tenant of mortgagee,
disqualify any of the mortgagee's income as "rents from real
property" under the terms of Sec. 856(d)(3) of the Internal
Revenue Code of 1954 or any amendments thereto.
f) Execute any lease or amendment thereto containing terms which
would, under the applicable provisions of the Internal
Revenue Code, if the lease in question were a lease between
mortgagee and Tenant in question, disqualify mortgagee as a
"real estate investment trust" or disqualify any of its
income as "rents from real property."
g) Notwithstanding any other provisions contained in this lease,
in the event (a) Lessee or its successors or assignees shall
become insolvent or bankrupt, or if it or their interests
under this Lease shall be levied upon or sold under execution
or other legal process, or (b) the depository institution
then operating on the Premises is closed, or is taken over by
any depository institution supervisory authority
("Authority"), Lessor may, in either such event, terminate
this Lease only with the concurrence of any Receiver or
Liquidator appointed by such Authority; provided, that in the
event this Lease is terminated by the Receiver or Liquidator,
the maximum claim of Lessor for rent, damages, or indemnity
for injury resulting from the termination, rejection, or
abandonment of the unexpired Lease shall by law in no event
be in an amount equal to all accrued and unpaid rent to the
date of termination."
15. TENANT. The word "Tenant" wherever used in this Lease shall be
construed to mean Tenants in all cases where there is more than
one Tenant; and the necessary grammatical changes required to make
the provisions hereof apply to corporations, partnerships or
individuals, men or women, shall in all cases be assumed as though
in each case fully expressed.
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16. RIGHT OF FIRST REFUSAL. It is understood between the parties that
other tenants occupy other office spaces within the Building.
Lessor grants to Tenant a Right of First Refusal to lease such
spaces as the same become available.
17. MISCELLANEOUS. Except for agreement regarding parking between the
parties herewith, there are no understandings or agreements not
incorporated in this Lease except as may be provided in a written
addendum signed and accepted by both parties. This is a Minnesota
contract and shall be construed accordingly to the laws of
Minnesota. The captions in this Lease are for convenience only and
ar not a part of this Lease. The covenants and agreements hereof
shall bind the heirs, executors, administrators, legal
representatives, successors and assigns of the parties hereto as
if they had been specifically mentioned in each of said covenants
and agreements. If any provision in this Lease should for any
reason be adjudged invalid or illegal, that provision shall be
deemed omitted herefrom and shall not invalidate any other
provision of this Lease and the remainder hereof shall remain in
full force and effect. The rider(s) and/or exhibit(s) attached to
this Lease, consisting of Exhibit A(1) page, Exhibit B, Exhibit
C1, Exhibit C2 are hereby declared to be a part of this Lease to
the same extent and in the same manner as if the provisions
thereof were actually embodied in this Lease.
In WITNESS THEREOF, Lessor and Tenant, respectively, have duly signed and
sealed these presents, the day and year first above written.
LESSOR: TENANT:
COLONIAL SQUARE PARTNERS NORTHERN STAR BANK
By: __________________________ By: _________________________
Its: __________________________ Its: _________________________
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