July 22, 2009 Jerry and Ruthann Helmer 7171 East Michigan Avenue Saline, MI 48176
EXHIBIT 10.7
July 22, 2009
Xxxxx and Xxxxxxx Xxxxxx
0000 Xxxx Xxxxxxxx Xxxxxx
Xxxxxx, XX 00000
0000 Xxxx Xxxxxxxx Xxxxxx
Xxxxxx, XX 00000
Re: Commercial Lease, dated July 12, 2005 (the “Original Lease”) by and between Mercantile
Bank of Michigan, a Michigan banking corporation, f/k/a Mercantile Bank of West Michigan
(the “Tenant”) and The Xxxxxx Company, a sole proprietorship; and Amendment to Commercial
Lease dated August 14, 2007 (the “Amendment”) between the Tenant and Xxxxx and Xxxxxxx
Xxxxxx (the “Landlord”) for premises located at 000 X. Xxxxxxxxxx Xxxxxxx in Ann Arbor,
Michigan (the Original Lease and the Amendment are collectively referred to as the “Lease”)
Dear Xxxxx and Xxxxxxx,
All capitalized terms in this letter which are not otherwise defined herein shall have the
meanings ascribed to them in the Lease. Landlord and Tenant have negotiated an early termination
of the Term of the Lease and accordingly agree that the Lease shall be and hereby is amended as
follows.
1. Subject to the Tenant’s performance of its obligations hereunder, the Term of the Lease
shall expire on 11:59 PM, local time Ann Arbor, Michigan on August 31, 2009 (the “Early Termination
Date”). On the Early Termination Date, the Term of the Lease shall expire. From the date hereof
through the Early Termination Date, Tenant shall continue to perform all of its obligations under
the Lease, other than the obligation to pay the monthly installment of Rent for the month of
August.
2. In consideration of the early termination of the Term of the Lease, Tenant shall pay
Landlord the sum of $171,774.26 on or before July 31, 2009 and Tenant shall pay the 2009 Summer Tax
to the local municipality.
3. Tenant shall deliver possession of the Premises to Landlord in condition required under the
Lease (including the removal of the night deposit and the reasonable restoration of the Premises)
on or before the Early Termination Date.
If the foregoing correctly sets forth our mutual understanding, please formally accept the
terms enumerated above by signing this letter on the line indicated below and returning a fully
executed copy of the letter to me.
Sincerely,
/s/ Xxxxxx Xxxxxxxxxxx
Senior Vice President Mercantile Bank of Michigan |
Acknowledged and agreed to:
By:
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/s/ Xxxxx Xxxxxx
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By:
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/s/ Xxxxxxx Xxxxxx
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Date:
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July 22, 2009 |