EXHIBIT 10.9
LEASE
STATE OF NORTH CAROLINA
COUNTY OF XXXXXXXXX
THIS AGREEMENT, made and entered into this the 12 day of Oct ,
------ -------
19 98 , by and between Xxxx X. Xxxxx, party of the first part, hereinafter
------
referred to as the Lessor; and MountainBank , party of the second part,
--------------
hereinafter referred to as the Lessee;
Subject to the terms and conditions hereinafter set forth, the Lessor
does hereby let and lease to the Party of the second part, and the said Lessee
does hereby accept as tenant of the parties of the first part, the following
described premises:
This Lease shall begin on the 1 day of Dec , 19 98 , and run
----- ------- ------
for a period of 5 yrs from date hereof. The rent to be paid by the Lessee to
-------
the Lessor is $1,050.00 per month beginning on the 1 day after given
----------- -----
possession, and a like amount on the 1 day of each succeeding month
-----
thereafter. The Lessee shall also pay, upon the execution of the Lease, the
first and last months rent as specified above.
The Lessee shall have the right to renegotiate the lease and
conditions of the lease for an additional period of 5 yrs by giving notice
---------
of intention to renew to the Lessor, or his agent, with sixty (60) days prior to
the expiration date of this Lease.
During the terms of this Lease, the Lessor shall pay all taxes unless
the taxes are increased in which case the Lessee would pay -------- of the
------------
increase. The Lessor shall pay all fire insurance premiums on the building and
the tenant shall pay all insurance on the contents. The Lessor shall make all
repairs to the exterior of the building, excluding glass, but including the
heating and air conditioning, sprinkler system, plumbing not caused by tenants
negligence and electricity to and including the panel.
The Lessee shall have within the shopping center area exclusive right
to provide Bank Adm .
-----------
All articles of personal property, including but not limited to
fixtures, carpeting, signs, introduced by the Lessee into the building, shall
remain the property of the Lessee and be removable by him.
The Lessee agrees to return said premises at the end of this Lease in
as good a condition as when they took possession, reasonable wear and tear
accepted.
Any signs which the Lessee may wish to erect on the subject premises
must be approved by the Lessor prior to erection of same.
The Lessee shall pay for any and all utilities, including but not
limited to, heat, air-conditioning, electric power, water, etc.
In the event that the premises shall become destroyed or damaged by
fire, or other acts of God, then this Lease shall terminate and become null and
void.
The failure of the Lessee to pay the rent money as herein provided,
shall after ten (10) days notice by the Lessor, render this Lease terminated and
the Lessee, after having received such notice, shall vacate said premises
immediately. The full balance of the rent due the Lessor under the terms of
this Lease shall become due and payable in its entirety at once.
The Lessee shall not assign, or sub-let the premises, or any portion
thereof, without written approval of the Lessor and the Lessee shall make no
offensive use of said premises.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written.
Mountain Bank
By: /s/ X. X. Xxxxx, Pres. /s/ Xxxx X. Xxxxx
------------------------------- -------------------------------------
X. X. Xxxxx, Lessee Xxxx X. Xxxxx, Lessor
2
LEASE
NORTH CAROLINA
HENDERSON COUNTY
THIS AGREEMENT, made and entered into this the 1st day May ,
------- -------
2000 , by and between Xxxx X. Xxxxx, party of the first part, hereinafter
------
referred to as the Lessor; and
MountainBank , party of the second part, hereinafter referred to as the
----------------
Lessee;
Subject to the terms and conditions hereinafter set forth, the Lessor
does hereby let and lease to the party of the second part, and the said Lessee
does hereby accept as tenant of the parties of the first part, the following
described premises:
This Lease shall begin on the 1 day of May , 2000 , and run
----- ------- --------
for a period of 10 yr from date hereof. The rent to be paid by the Lessee to
------
the Lessor is 1,600.00 per month beginning on the 1 day after given
------------ -----
possession, and a like amount on the 1 day of each succeeding month
-----
thereafter. The Lessee shall also pay, upon the execution of the Lease, the
first and last months rent as specified above.
The Lessee shall have the right to renegotiate the lease and
conditions of the lease for an additional period of 5 years by giving notice
-----
of intention to renew to the Lessor, or his agent, with sixty (60) days prior to
the expiration date of this Lease.
During the terms of this Lease, the Lessor shall pay all taxes unless
the taxes are increased in which case the Lessee would pay -------- of the
------------
increase. The Lessor shall pay all fire insurance premiums on the building and
the tenant shall pay all insurance on the contents. The Lessor shall make all
repairs to the exterior of the building, excluding glass, but including the
heating and air conditioning, sprinkler system, plumbing not caused by tenants
negligence and electricity to and including the panel.
The Lessee shall have within the shopping center area exclusive right
to provide Bank Administration .
-----------------------
All articles of personal property, including but not limited to
fixtures, carpeting, signs, introduced by the Lessee into the building, shall
remain the property of the Lessee and be removable by him.
The Lessee agrees to return said premises at the end of this Lease in
as good a condition as when they took possession, reasonable wear and tear
accepted.
Any sign which the Lessee may wish to erect on the subject premises
must be approved by the Lessor prior to erection of same.
The Lessee shall pay for any and all utilities, including but not
limited to, heat, air-conditioning, electric power, water, etc.
In the event that the premises shall become destroyed or damaged by
fire, or other acts of God, then this Lease shall terminate and become null and
void.
The failure of the Lessee to pay the rent money as herein provided,
shall after ten (10) days notice by the Lessor, render this Lease terminated and
the Lessee, after having received such notice, shall vacate said premises
immediately. The full balance of the rent due the Lessor under the terms of
this Lease shall become due and payable in its entirety at once.
The Lessee shall not assign, or sub-let the premises, or any portion
thereof, without written approval of the Lessor and the Lessee shall make no
offensive use of said premises.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written.
MOUNTAINBANK
By: /s/ X. X. Xxxxx /s/ Xxxx X. Xxxxx
------------------------- -------------------------------------
President Xxxx X. Xxxxx, Lessor
_____________________________________
Xxxxx
4
LEASE
NORTH CAROLINA
HENDERSON COUNTY
THIS AGREEMENT, made and entered into this the 1st day of May 1 ,
------ -------
2001 , by and between Xxxx X. Xxxxx, party of the first part, hereinafter
--------
referred to as the Lessor; and MountainBank , party of the second part,
----------------
hereinafter referred to as the Lessee;
Subject to the terms and conditions hereinafter set forth, the Lessor
does hereby let and lease to the party of the second part, and the said Lessee
does hereby accept as tenant of the parties of the first part, the following
described premises:
This Lease shall begin on the 1 day of May , 2001 , and run for a
--- ----- ------
period of 10 yr from date hereof. The rent to be paid by the Lessee to the
-------
Lessor is 1,600.00 per month beginning on the 1 day after given possession,
---------- ---
and a like amount on the 1 day of each succeeding month thereafter. The
---
Lessee shall also pay, upon the execution of the Lease, the first and last
months rent as specified above.
The Lessee shall have the right to renegotiate the lease and
conditions of the lease for an additional period of 5 years by giving notice
-----
of intention to renew to the Lessor, or his agent, with sixty (60) days prior to
the expiration date of this lease.
During the terms of this Lease, the Lessor shall pay all taxes unless
the taxes are increased in which case the Lessee would pay -------- of the
------------
increase. The Lessor shall pay all fire insurance premiums on the building and
the tenant shall pay all insurance on the contents. The Lessor shall make all
repairs to the exterior of the building, excluding glass, but including the
heating and air conditioning, sprinkler system, plumbing not caused by tenants
negligence and electricity to and including the panel.
The Lessee shall have within the shopping center area exclusive right
to provide Bank Administration .
---------------------
All articles of personal property, including but not limited to
fixtures, carpeting, signs, introduced by the Lessee into the building, shall
remain the property of the Lessee and be removable by him.
The Lessee agrees to return said premises at the end of this Lease in
as good a condition as when they took possession, reasonable wear and tear
accepted.
Any signs which the Lessee may wish to erect on the subject premises
must be approved by the Lessor prior to erection of same.
The Lessee shall pay for any and all utilities, including but not
limited to, heat, air-conditioning, electric power, water, etc.
In the event that the premises shall become destroyed or damaged by
fire, or other acts of God, then this Lease shall terminate and become null and
void.
The failure of the Lessee to pay the rent money as herein provided,
shall after ten (10) days notice by the Lessor, render this Lease terminated and
the Lessee, after having received such notice, shall vacate said premises
immediately. The full balance of the rent due the Lessor under the terms of
this Lease shall become due and payable in its entirety at once.
The Lessee shall not assign, or sub-let the premises, or any portion
thereof, without written approval of the Lessor and the Lessee shall make no
offensive use of said premises.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first above written.
MOUNTAINBANK
By: /s/ X. X. Xxxxx /s/ Xxxx X. Xxxxx
------------------------------ ----------------------------------------
President Xxxx X. Xxxxx, Lessor
Location: Old Movie Stop
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2
