LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 13th day of December,
2001 by and between Xxxxxxx X. Xxxxx and Xxxxxx Xxxxx Xxxxxxxx, Lessor, and
Freedom Financial Group, Inc., Lessee.
WITNESSETH:
That in consideration of the mutual promises and agreements herein
contained, Lessor does by these presents lease unto Lessee, and Lessee hereby
leases the following described real estate in Xxxxxx County, Missouri, to-wit:
That portion known as 0000 X. Xxx, Xxxxxxxxxxx, Xxxxxxxx 00000
(approximately 3,000 +/- square feet of space) (the "Leased Premises").
Lessor further agrees that Lessee, its agents, servants, employees and
business invitees shall have access to and use of the common areas of the
Building for purposes reasonably related to Lessee's use of the Leased Premises,
1. TERM.. The initial term of this lease shall be one (1) year and eight
(8) months, and it shall commence on January 1, 2002, and it shall terminate on
August 31, 2003. The parties further agree that under no circumstances shall the
original fixed rent set forth in Paragraph 2 of this Lease Agreement be reduced.
2. RENT. As compensation for its use of the Leased Premises Lessee does
covenant, promise and agree to pay unto Lessor as monthly rent for the said
premises on or before the first day of each month, the sum of One Thousand Six
Hundred Fifty Dollars ($1,650.00). Lessor hereby acknowledges receipt of the
first month's rent and security deposit equal to one (1) month's rent. If any
rental payment due hereunder is not paid when due, the unpaid balance hereof
shall draw interest at the rate of ten percent (10%) per annum from its due date
until paid, which interest shall become and for all purposes of this Lease
Agreement be considered as rent.
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3. USE. The demised premises shall be used and occupied only for the
purpose of general offices and not otherwise. Lessee shall, at its own cost and
expense, obtain any and all licenses and permits necessary for such use.
4. LESSOR'S OBLIGATION TO MAINTAIN. Lessor shall, at all times, at its
sole cost and expense, keep the root foundation, plumbing and exterior walls of
the building situated on the Leased Premises in good repair and condition,
except for reasonable wear and tear, and except that Lessee shall repair any
damage caused by Lessee or Lessee's invitees. In the event that the Leased
Premises should become in need of repairs required to be made by Lessor
hereunder, Lessee shall give immediate written notice thereof to Lessor, and
Lessor shall proceed promptly to make such repairs; provided however, that
Lessor shall not be responsible for any loss, whether by interruptions in
Lessee's business or otherwise occasioned by Lessor's failure to make repairs
for which Lessor is responsible if Lessor undertakes such repairs promptly.
Lessor shall be responsible for parking lot repairs and maintenance including
snow removal.
5. LESSEES OBLIGATION TO MAINTAIN. Lessee shall, throughout the term of
this Lease Agreement, take good care of the Leased Premises, and keep the Leased
Premises in good condition and make all necessary repairs, including repairs to
interior windows, doors, and electrical fixtures and heating and air
conditioning system (up to $200.00 per year -- Landlord to pay anything over
$200.00 per year). Lessee will repair exterior windows and doors only if damaged
by Lessee or Lessee's guests. At the end or other termination of this Lease
Agreement, Lessee shall deliver up the Leased Premises with all improvements
located thereon, in good repair and condition, reasonable wear and tear or acts
or omissions of Lessor only excepted.
6. LESSEE'S IMPROVEMENTS. Lessee shall not create any openings in the roof
or exterior walls, nor shall Lessee make any substantial alterations, additions
or improvements to the Leased Premises without the prior written consent of the
Lessor, which shall not be unreasonably withheld, but at its own cost and
expense and in a good workmanlike manner Lessee may make such minor alterations,
additions or improvements, or erect such shelves and office furnishings as it
may deem desirable, without altering the basic character of the building
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improvements, and in each case complying with all applicable government laws,
ordinances, regulations and other requirements. All shelves, furniture, fixtures
and personal property installed by Lessee must be removed by Lessee at the
termination of this Lease Agreement, but without damage to the Leased Premises.
7. PROHIBITED USE. Lessee will not permit the Leased Premises to be used
for any purpose or in any manner which would render the insurance thereon void,
regardless of whether such insurance is held by Lessor or Lessee.
8. RESTRICTION AGAINST ADVERTISING. Except as otherwise provided in the
Addendum to Lease, no sign, advertising or notice shall be inscribed, painted,
affixed or displayed on any of the windows or doors or on any other part of the
outside or inside of the Leased Premises, without the prior written consent of
the Lessor. The Lessee's trade name signage must conform to the criteria
outlined in the Addendum for all Lessee signage.
9. INSPECTION. Lessor and Lessor's agents and representatives shall have
the right to enter and inspect the Leased Premises at any reasonable time during
normal business hours for the purpose of ascertaining the condition of the
Leased Premises, or Lessee's compliance with the terms of this Lease Agreement
or in order to make such repairs as may be required to be made by the Lessor
under the terms of this Lease Agreement. Lessor shall have the right to enter
the Leased Premises at any time in case of emergency, as determined by Lessor.
10. UTILITIES. Lessee will pay for all water, gas, electricity and other
utilities used by Lessee on, or in connection with the Leased Premises.
11. ASSIGNMENT AND SUBLETTING. Lessee shall not assign its rights under
this Lease Agreement, nor shall Lessee sublet the whole or any part of the
Leased Premises, without Lessor's prior written consent.
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12. DAMAGE TO PREMISES. In case the Leased Premises shall be rendered
untenantable by fire, explosion or other casualty, and cannot be restored within
ninety (90) days after such occurrence, Lessor or Lessee may, at their option,
terminate this Lease. If the Leased Premises can be restored within ninety (90)
days, this Lease shall not terminate and Lessor shall repair the Leased Premises
within ninety (90) days. Rent shall xxxxx during the period of untenantability.
If Lessor does not repair the Leased Premises within said ninety (90) day time,
Lessee may at its option, terminate this Lease Agreement and the term hereby
created shall cease and terminate.
13. LIABILITY INSURANCE. During the term of this Lease Agreement, Lessee
agrees at its expense to provide and keep in force comprehensive general
liability insurance with bodily injury liability limits of $500,000.00 per
person and S1,000,000.00 per accident, protecting Lessor and Lessee against any
liability to any person whomsoever for injury to person or damage to property
arising out of or in connection with the Lessee's use of the Leased Premises or
in the condition of the Leased Premises. Lessee further agrees to have the
Lessor named as a named insured in said policy of insurance and to provide a
copy of said policy of insurance to Lessor prior to occupying the Leased
Premises. The policy of insurance shall require thirty (30) days advance written
notice to Lessor of any cancellation of the policy of insurance. Lessor shall
maintain comprehensive general liability insurance covering the parking and
common areas protecting Lessor and Lessee against liability for injury to
persons or damage to property resulting from Lessor's acts or omissions. Lessor
agrees to provide and keep in force during the term hereof fire and extended
coverage insuring the Leased Premises and the building in which it is situated
at full replacement value and to deliver a certificate to Lessee evidencing such
coverage (and renewals of such coverage). Lessor shall not be liable to Lessee
or Lessee's employees, agents or invitees, or to any person whomsoever, for any
injury to person or damage to property on or about the Leased Premises, caused
by negligence or misconduct of Lessee, its agents, servants, employees or
invitees, and Lessee agrees to indemnify Lessor and hold Lessor harmless from
any loss, expense or claims arising out of any such damage or injury. Lessee
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shall not be liable to Lessor or Lessor's employees, agents or visitors, or: to
any person whomsoever, for any injury to person or damage to property on or
about the Leased Premises, caused by negligence or misconduct of Lessor, its
agents, servants, employees or invitees, and Lessor agrees to indemnify Lessee
and hold Lessee harmless from any loss, expense or claims arising out of any
such damage or injury.
14. CONDEMNATION. If the whole or any substantial part of the Leased
Premises should be taken for any public or quasi-public use under any
governmental law, ordinance or regulation, or by right of eminent domain or
should be sold to the condemning authority under threat of condemnation, this
Lease Agreement shall terminate and the rent shall be abated during the
unexpired portion of this Lease Agreement. All condemnation awards, except any
award to the Lessee for interruption of Lessee's business or to defray the cost
of moving to a new location, shall be paid to and belong to the Lessor.
15. EVENTS OF DEFAULT. The following shall be deemed Events of Default by
Lessee under this Lease Agreement.
a) Lessee shall fail to pay any installment of rent due under this
Lease Agreement if such failure shall continue for a period of ten
(10) days after the due date thereof, with no written notice of
delinquency from Lessor being required.
b) Lessee shall fall to comply with any term, provision or condition
of this Lease Agreement, other than the payment of rent, and shall
not cure such failure within thirty (30) days after written notice
thereof from Lessor.
16. LESSOR'S REMEDIES. Upon the occurrence of any Event of Default as set
forth in Paragraph 15 of this Lease Agreement, Lessor shall have the option to
pursue any one or more of the following remedies without any notice whatsoever:
a) Terminate this Lease Agreement and declare immediately due and
payable the balance of rent for the remaining term of the Lease
Agreement, in which event Lessee shall immediately surrender the
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Leased Premises to Lessor, and if Lessee shall fail so to do, Lessor
may without prejudice to any other remedy which it may have for
possession or arreerages in rent, enter upon and take possession of
the Leased Premises and expel or remove Lessee and any other person
who may be occupying the Leased Premises or any part thereof,
without being liable for any claim or damages therefor and Lessee
agrees to pay Lessor on demand the amount of all loss, damage, costs
and expenses which Lessor may incur by reason of the Event of
Default, including attorneys' fees, costs and expenses, and Lessee
further agrees that Lessor shall not be liable for any damages to
Lessee's property or business operations resulting to the Lessee
from such action, whether caused by the negligence of Lessor or
otherwise.
b) Enter upon and take possession of the Leased Premises and expel
or remove Lessee and any other person who may be occupying the
Leased Premises or any part thereof, and do or cause to be done
whatever Lessee is obligated to do under the terms of this Lease
Agreement, except that Lessor shall not use Lessee's trade | name,
signs or business identity in connection therewith, without being
liable for any claim or damages therefor and Lessee agrees to pay
Lessor on demand the amount of all loss, damage, costs and expenses
which Lessor may incur by reason of the Event of Default, including
reasonable attorneys' fees, costs and expenses, and Lessee further
agrees that Lessor shall not be liable for any damages to Lessee's
property or business operations resulting to the Lessee from such
action, whether caused by the negligence of Lessor or otherwise.
Pursuit of any of the foregoing remedies shall not preclude pursuit of any
other remedies herein provided or any other remedy provided by law or in equity,
nor shall the pursuit of any remedy herein provided constitute a forfeiture or
waiver of any rent due to Lessor hereunder or of any damages accruing to Lessor
by reason of the violation of any of the terms, provisions or conditions
contained in this Lease Agreement. Failure by Lessor to enforce one or more of
the remedies herein provided upon an Event of Default shall not be deemed or
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construed to constitute a waiver of such default, or of any other violation or
breach of any of the terms, provisions or conditions herein contained. If any
action shall be taken by Lessor to recover any rent or other charges or payments
under this Lease Agreement, or for or on account of any breach of or to enforce
any of the terms, provisions or conditions of this Lease Agreement or for the
recovery of possession of the Leased Premises, the Lessor shall be entitled to
recover from the Lessee as a part of such costs Lessor's attorneys' fees and
court costs and all expenses related to such actions, regardless of whether suit
is filed.
17. LESSOR'S COVENANTS. Lessor covenants, warrants and represents that it
has full right and power to execute and perform this Lease Agreement and to
grant the estate demised herein and that Lessee, on payment of the rent herein
reserved and performing the covenants and agreements herein contained, shall .
peaceably and quietly have, hold and enjoy the Leased Premises during the full
term of this Lease Agreement, or any extension or renewal hereof; t 6 0 provided
however, that Lessee accepts this Lease Agreement subject and subordinate to any
mortgage, deed of trust or other lien presently existing upon the Leased
Premises. Lessor is hereby irrevocably vested with full power and authority to
subordinate Lessee's interest hereunder to any recorded mortgage, deed of trust
or other lien hereinafter placed on the Leased Premises, and Lessee agrees upon
demand to execute such further instruments subordinating this Lease Agreement as
Lessor may request, provided such further subordination shall be upon the
express condition that the rights of Lessee as set forth in the Lease Agreement
shall remain in full force and effect during the term of this Lease Agreement so
long as Lessee shall continue to observe and perform all of the terms,
provisions and conditions of this Lease Agreement.
18. COMPLIANCE. Each provision of this Lease Agreement or of any
applicable governmental law or other requirement with reference to the making of
any payment by Lessee to Lessor shall be deemed to be complied with when and if
the following steps are taken:
a) All rent and other payments required to be made by Lessee to
Lessor hereunder shall be payable to the Lessor at the address
hereinbelow set forth or at such other address as the Lessor may
specify from tine to time by written notice, delivered in accordance
herewith.
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b) Any notice or document required or permitted to be delivered
hereunder shall be deemed to be delivered
(i) when received or rejected by a person at the intended address
set out below, if delivered by courier, (ii) upon electronic
confirmation of receipt if sent by facsimile to the fax number set
forth by the signatures of the parties hereto or (iii) whether
actually received or not, when deposited in the United States mail,
postage prepaid, registered mail, return receipt requested,
addressed to the parties hereto at the respective addresses set out
opposite their names below or at such other address as they have
heretofore specified by written notice delivered in accordance
herewith.
19. ENTIRE AGREEMENT. This Lease Agreement, signed by Lessor and Lessee,
embodies the entire agreement between the parties with respect to Lessor's
leasing the Leased Premises to Lessee. There are no representations, terms,
covenants, conditions or agreements between the parties pertaining to leasing
the Leased Premises which are not herein contained. The terms, provisions,
covenants and conditions contained in this Lease Agreement shall apply to, and
inure to the benefit of and be binding upon the parties hereto and their
respective successors in interest and legal representatives, except as otherwise
herein expressly provided, All rights, powers, privileges, immunities and duties
of Lessor under this Lease Agreement including but not limited to any notices
required to be delivered by Lessor to Lessee hereunder, may at Lessor's option,
be exercised or performed by Lessor's agent or attorney.
IN WITNESS WHEREOF, the parties have set their hand and seal, this 13th
day of December, 2001.
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LESSOR: XXXXXXX X. XXXXX AND XXXXXX XXXXX
XXXXXXXX
/s/ Xxxxxxx X. Xxxxx
--------------------------------------------------
XXXXXXX X. XXXXX DATE
/s/ Xxxxxx Xxxxx Xxxxxxxx
--------------------------------------------------
XXXXXX XXXXX XXXXXXXX DATE
LESSEE: FREEDOM FINANCIAL GROUP, INC.
/s/ Xxxx Xxxxxxxxxx 12/06/01
--------------------------------------------------
Xxxx Xxxxxxxxxx, Trustee DATE
--------------------------------------------------
LESSEE DATE
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AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into as of the ___
day of April, 2003, by and between Xxxxxxx X. Xxxxx and Xxxxxx Xxxxx Xxxxxxxx,
(hereinafter referred to as "Lessor") and Freedom Financial Group, Inc.
(hereinafter referred to as "Lessee").
WHEREAS, the parties hereto entered into that certain lease
agreement dated 13th day of December, 2001, covering the lease space
in the building situated at 0000 X. Xxx, Xxxxxxxxxxx, Xxxxxxxx and;
WHEREAS, Lessor and Lessee desire to expand the Leased Premises and
extend the lease term and;
WHEREAS, by mutual agreement, the parties hereto desire to amend said Lease.
WITNESSETH
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements
and stipulations hereinafter expressed, it I. hereby expressed understood and
agreed by and between the parties hereto that the lease between Lessor and
Lessee is hereby changed and amended in the following particulars, to-wit:
1. Lessor and Lessee agree to expand the Leased Premises to include an
additional 1,875 sq.
ft., known as 0000 X. Xxx, for a total of 4,875 sq. ft.
2. Beginning on May 1, 2003, the rent shall be adjusted to Two Thousand Four
Hundred Fifty and 00/100 Dollars ($2,450.00) per month for the remainder of the
term.
3. Lease term shall be extended twelve months to expire on August 31, 2004.
Except for provisions, which may be inconsistent with the express language
intent of the amendment, all provisions of the Lease Agreement dated the 13th
day of December, 2001, shall be in full force and effect
LESSOR LESSEE
/s/ Xxxxxxx Xxxxxx Xxxxx /s/ Xxxxxx X. Xxxxxxxxxxxx
------------------------------- ---------------------------------
/s/ Xxxxx Xxxxxxxx President, Freedom Financial Grp.
------------------------------- ---------------------------------
April 25, 2003
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AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into as of the ___
day of July, 2004, by and between Xxxxxxx T, Xxxxx and Xxxxxx Xxxxx Xxxxxxxx,
(hereinafter referred to as "Lessor") and Freedom Financial Group, Inc.
(hereinafter referred to as "Lessee").
WHEREAS, the parties hereto entered into that certain lease
agreement dated 13th day of December, 2001, and amended on April 25,
2003, covering the lease space in the building situated at 0000 X.
Xxx and 0000 X. Xxx, Xxxxxxxxxxx, Xxxxxxxx and
WHEREAS, Lessor and Lessee desire to reduce the Leased Premises and
extend the lease term and;
WHEREAS, by mutual agreement, the parties hereto desire to amend said
Lease.
WITNESSETH
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements
and stipulations hereinafter expressed, it is hereby expressed understood and
agreed by and between the parties hereto that the lease between Lessor and
Lessee is hereby changed and amended in the following particulars, to-wit:
1. Lessor and Lessee agree to that Lessee shall vacate 3042 E. Elm on July
31, 2004.
2. Beginning on July 1, 2004, the rent shall be adjusted to Eight Hundred and
00/100 Dollars ($800.00) per month for the remainder of the term.
3. Upon expiration of this Lease Lessee and Lessor agree that Lessee shall
remain in the Leased Premises on a month to month tenancy, Lessee shall
give Lessor thirty days advance written notice of' its intent to vacate.
During month to month tenancy all terms and conditions of this Lease shall
remain in effect.
Except for provisions, which may be inconsistent with the express language
intent of the amendment, all provisions of the Lease Agreement dated the 13th
day of December, 2001, shall ix; in lull force and effect.
LESSOR LESSEE
/s/ Xxxxxxx Xxxxxx Xxxxx /s/ Xxxxxx X. Xxxxxxxxxxxx
------------------------------- ---------------------------------
President 6/24/04
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