ORIGINAL
LEASE
This Lease, made and executed this 1st day of April 1998 by and between 000
Xxxxxxxxxx Xxxx (hereinafter referred to as "Landlord"), and Conversion
Technologies (hereinafter referred to as "Tenant") whose address is 0000 Xxxx
Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xx 00000.
That for an in consideration of the premises, the rents reserved, and the
agreements and covenants herein contained, the Landlord does hereby lease and
demise unto the Tenant, and the Tenant does hereby hire and take from the
Landlord, the premises located at 0 Xxx Xxxxxxx Xxxxx, Xx. Xxxxxxxxx, Xxxxxxx
00000, as described on Exhibit ________ as Building A and B; (herein the
"Premises"). This Lease is intended to and shall terminate and revoke all prior
leases regarding the subject Premises.
AND TENANT does hereby covenant and agree as follows:
1. TERM and RENTAL: That Tenant will, a does hereby, hold the Premises as tenant
for the term of 20 months commencing on May 1st 1998, and fully ending at
midnight on December 31st, 1999 at and for the rental for the term of the Lease
of $75,000 payable without deduction or demand in monthly installments of
$3,750.00 each. The Tenant shall pay with each rent payment all Florida sales
and use taxes required on the rental properties. The first and last monthly
installments and damage deposit of $3,750.00 are due and payable upon the
execution of this Agreement and the remaining installments are payable in
advance on the first day of each ensuing month to and at the office of Landlord
at 00-X Xx. Xxxxx Xxxxxxx Xxxx, Xx. Xxxxxxxxx, Xxxxxxx 00000 or at such other
place as may be designated by Landlord in writing. If the term shall commence
upon a day other than the first day of a calendar month, then Tenant shall pay,
upon the commencement of the term, a pro rata portion of the fixed monthly rent
described in the foregoing clause prorated on a per diem basis with respect to
the fractional calendar month preceding the commencement of the first lease year
hereof. Any installment not received by Landlord within ten (10) days that the
same shall come due shall be subject to a late charge of ten percent (10%) of
the payment then due plus Fifty and No/100 Dollars ($50.00) per day for each day
thereafter until paid. The Tenant shall also pay along with lease payment a
"CAM" charge that includes a pro rata share of taxes and insurance of $1.00 per
square foot Insurance is based on a rate from past usage and some additional
preliminary dictated by insurance carrier due to tenants use of hazardous
equipment or high risk materials will be paid entirely by tenants.
2. UTILITIES AND OTHER CHARGES: That tenant will, at Tenant's cost and
expense, furnish and pay for (a) all gas, electric, water, sewer, refuse
collection, and other utility bills for utilities supplied to the
Premises, (b) air conditioning and heating maintenance and repair, (c)
pest control and treatment costs incurred in or about the Premises and (d)
other charges provided for herein as the same shall become due.
3. USE: That Tenant will use the Premises for the full term; continuously and
uninterruptedly and that Tenant will not use, nor permit the Premises or
any part thereof to be used for any disorderly or unlawful purpose.
4. ASSIGNMENT: That Tenant will not encumber, transfer or assign this
Agreement, nor let or sublet the whole or any part of the Premises without
the written consent of Landlord first had and obtained. No such
encumbrance, assignment or subletting in whole or in part shall relieve
Tenant of any of the obligations contained in this Lease. Any consent
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granted by the Landlord shall not be construed to release tenant from full
liability hereunder and shall not relieve Tenant from obtaining similar
consent of the Landlord to any subsequent encumbrance, assignment or
subletting to others.
5. GOOD ORDER AND REPAIR: That Tenant will, at Tenant's sole expense keep the
Premises and all systems, fixtures, light fixtures, windows and appliances
therein or thereon in good order and condition and surrender same at the
expiration of the term hereof in the same order in which they are
received, normal wear and tear only excepted. Tenant acknowledges that the
Premises have been fully inspected and are in a condition acceptable to
Tenant.
6. JANITORIAL: That at Tenant's sole expense Tenant will keep the Premises
and the sidewalks, landscaping and parking areas immediately abutting the
Premises clean, properly swept, and free front obstructions of all nature.
7. INSPECTION: That Tenant will allow the Landlord or Landlord's agent to
have access to the Premises quarterly or more frequently with reasonable
notice (3 days) for the purpose of inspection, or for the purpose (but
with no obligation) of making repairs Landlord considers necessary or
desirable, or access at any time in the event of fire or other emergency.
A phone call by landlord or tenant is deemed reasonable.
8. NOTICE OF DEFECT: That Tenant will give the Landlord prompt notice of any
defects, damage or breakage in or to the structure, equipment, or fixtures
of or upon the Premises.
9. ORDINANCES AND REGULATIONS: That Tenant will, at Tenant's cost promptly
comply with and carry out all orders, requirements, or conditions now or
hereafter imposed upon Tenant by the ordinances, laws or regulations of
any public authority having jurisdiction of the Premises (whether required
of Landlord or otherwise).
10. INDEMNITY: That all personal property in the Premises shall be and remain
at Tenant's sole risk, and Landlord shall not be liable for any damage to,
or loss of such personal property whether arising from any acts of
negligence of any persons or from the leaking of the roof, or from the
bursting, leaking or overflowing of water, sewer, or steam pipes, or from
heating or plumbing fixtures, or from electric wires or fixtures, or from
any other cause whatsoever.
Tenant does hereby agree to indemnify and save Landlord harmless from and
against any and all liability for any injury to or death of any person or
persons or damage to property in any way arising out of or connected with the
use of occupancy of the Premises, or in any way arising out of the activities of
Tenant, its agents, employees, licensees or invitees on the Premises and / or
any building located thereon and from all costs, expenses and liabilities,
including but not limited to reasonable attorney's fees, incurred by Landlord in
connection therewith, excepting, however, liability caused by Landlord's
negligence.
Tenant covenants and agrees that Landlord shall not be liable to Tenant
for any injury or death to any person or persons, or any person claiming through
Tenant, arising out of any accident or occurrence on the Premises, including,
without limiting the generality of the forgoing, injury, death or damage caused
by an operations or use of the Premises or by the Premises or of any portions of
the Building being out of repair, or caused by a defect in or failure of
equipment, pipes, or wiring, or caused by a broken glass, or caused
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by the backing up of drains, or caused by gas, water, electricity, or oil
leaking, escaping or flowing into Premises, or caused by fire or smoke.
11. SUBORDINATION: Tenant agrees that this Lease shall be, and is hereby, make
subordinate to any mortgages that are now or may hereafter be placed upon
the Premises and to any and all advances to be made thereunder (and to the
interest accrued or to accrue thereon) and all renewals, replacements, and
extensions thereof. The provisions of this paragraph are intended to be
effective at the time of execution of this Lease and shall continue in
effect throughout the term hereof. No further document or deed shall be
required to make this subordination effective, but the parties
nevertheless agree that in the event any present or future mortgagee of
the building shall request the execution and delivery of any writing to
further evidence the provisions of this paragraph, Tenant shall promptly
and fully execute such documents as Landlord may reasonable require.
12. REPAIRS AND IMPROVEMENTS: That Tenant will, at Tenant's sole risk, cost,
and expense, during the term of this Agreement or extension thereof, make
all repairs or improvements (including but not limited to the exterior
walls and doors, plumbing system, electrical system, etc.) to the Premises
as they become necessary or are required to preserve the standard set
forth in paragraph 5 hereof. No alterations or additions to the structure
of the Premises shall be made without the written consent of Landlord
first had and obtained. Notice is hereby given that Landlord's interest in
the Premises shall not be charged with any cost or expense incurred by
Tenant in connection with or as part of said work. This is the intended
use of the damage deposit.
13. RENT SIGN: That Tenant will permit Landlord to post a "For rent" or
similar sign and to show the Premises at reasonable hours to prospective
tenants during the last thirty (30) days of their term of this Lease.
14. PUBLIC LIABILITY INSURANCE: That Tenant will carry at Tenant's sole cost
and expense during the full term of this Lease in a company acceptable to
Landlord, for the protection of Tenant and Landlord, comprehensive public
liability insurance with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) with respect to any single occurrence and not less
that One Million and No/100 dollars ($5,000,000.00) in the aggregate. The
insurance policy or certificate from Tenant's insurance company shall be
deposited with Landlord, and shall provide that it shall not be canceled
for any reason unless and until Landlord is given no less than thirty (30)
days notice in writing by the insurance company.
15. MECHANICS' LIENS: That Tenant shall have no right to encumber or subject
the interest of the Landlord in the Premises to any mechanics',
materialmen's or other liens of any nature whatsoever, and upon the filing
of any such lien caused by Tenant or arising out of action taken by
Tenant, the failure of the Tenant to have the same removed from record
within thirty(30) days of the recording thereof shall constitute a
violation and default of this Agreement.
16. FURNITURE AND FIXTURES: That Tenant shall have the privilege of installing
any new furniture and new fixtures necessary in the conduct of Tenant's
business, and the same shall remain the property of Tenant provided they
be removed by Tenant before the expiration of this Lease. Tenant will
immediately make such repairs as are necessary to restore the Premises to
their original condition following the removal of any such item or
promptly reimburse the Landlord for the cost of such repairs.
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Any items remaining on the Premises at the end of the Term shall be the
property of Landlord unless Landlord then elects to have such removed at
Tenant's expense.
17. DEFAULT:
A. Each of the following shall expressly be deemed a default by Tenant
and a breach of this Lease, namely:
(I) A failure on the part of tenant to pay any installment of rent
or to pay any additional rent, which failure persists after the expiration
of ten (10) days from the due date.
(II) A failure on the part of Tenant to observe or perform any of
the other terms, covenants or conditions of this Lease on the
part of Tenant to be observed and performed, which failure
persists after the expiration of twenty (20) days from the
date Landlord gives notice to Tenant calling attention to the
existence of such failure, provided, however, if the matter
which is the subject of the notice is non-monetary and of such
a nature that the same cannot reasonably be corrected within
twenty(20) days, then no default shall be deemed to have
occurred if Tenant before the expiration of the twenty(20) day
period from the date of giving the aforesaid notice by
Landlord, actively commences the curing of the default in
good faith and diligently prosecutes the same to completion.
B. If Tenant shall default in the performance of any obligation
hereunder, or if Tenant shall abandon the Premises, or if this Lease
shall be taken from Tenant as a result of any execution against
Tenant in any proceeding in which the Tenant shall have no appeal,
then Tenant shall be in default hereunder and Landlord may without
notice re-enter the Premises either by force or otherwise and
dispossess Tenant by summary proceedings or otherwise, and Tenant or
other occupant or occupants of the Premises will remove their
effects and hold the Premises as if this Lease had not been made.
C. In case of any default, re-entry, expiration, or dispossession by
summary proceedings or otherwise, the Landlord without limitations
as to or in addition to right or remedies allowed by law:
(I) Have all rents due or to come due hereunder, at Landlord's
option, immediately become due and be payable without notice,
together with such expenses as Landlord may incur for legal
expenses and attorney's fees, including those incident to the
recovery of possession, brokerage, or putting the Premises in
good order, or for preparing the same for re-rental; or
(II) May relet the Premises or any part or parts thereof, either in
the name of Landlord or otherwise, for a term or terms which
may at Landlord's option be less than or exceed the period
which would otherwise have constituted the balance of the term
of this Lease and may grant concessions or free rent without
thereby in any way affecting Tenant's liability for the rental
payable hereunder for the period of concession or free rent.
Tenant shall also pay the Landlord as liquidated damages for
the failure of Tenant to observe and perform said Tenant's
covenants herein contained, any deficiency between the rent
hereby reserved covenanted to be paid and the net amount, if
any, of the rents collected by reason of the reletting of the
Premises for each month of the period which would otherwise
have constituted the balance of the term of this
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Lease. In computing such liquidated damages there shall be
added to the said deficiency such expenses as Landlord may
incur in connection with the recovery of possession of the
Premises and reletting, including, but not limited to, legal
expenses, attorneys' fees, brokerage, and for keeping the
Premises in good order or for preparing the same for
reletting. Any such liquidated damages shall be due, in full,
upon Landlord's demand or may, at Landlord's option, be paid
in monthly installments by tenant on the rent days specified
in this Lease and any suit brought to collect the amount of
the deficiency for any month shall not prejudice in any way
the rights of Landlord to demand full payment of all remaining
sums or to collect the deficiency for any subsequent month by
a similar action or proceeding. Landlord, at Landlord's
option, may make such alterations or decorations in the
Premises as Landlord in Landlord's sole judgment considers
advisable and necessary for the purpose of decorations shall
not operate or be construed to release Tenant from liability
hereunder as aforesaid. Landlord shall in no event be liable,
and Tenant's liability shall not be affected or diminished in
any way whatsoever for failure to relet the Premises, or in
the event that the Premises are relet, for failure to collect
the rent thereof under such re-letting; or
(III) In the event of a breach or threatened breach by Tenant of any
of the covenants or provisions hereof, Landlord shall have the
right of injunction and the right to invoke any remedy allowed
by law or in equity as if reentry, summary dispossession
proceedings, and other remedies were not herein provided for.
Mention in this Lease or any particular remedy shall not
preclude Landlord from any other remedy, in law or equity.
If Landlord shall enter into and repossess the Premises by reason of the default
of Tenant in the performance of any of the terms, covenants, or conditions
herein contained, then and in that event tenant hereby covenants and agrees that
Tenant will not claim the right to redeem or reenter the Premises or restore the
operation of this instrument, and tenant hereby waives the right to such
redemption and reentrance under any present or future law, and does expressly
waive its right, if any, to make payment of any sum or sums of rent, or
otherwise, of which Tenant shall have made default under any of the covenants of
this Lease, and to claim any subrogation to the rights of tenant under these
presents, or any of the covenants thereof, by reason of such payment.
Any action taken by Landlord under this Article shall not operate as a waiver of
any right which Landlord would otherwise have against Tenant for rent hereby
reserved or otherwise, and Tenant shall remain responsible to Landlord for any
loss or damage suffered by Landlord by reason of Tenant's default or breach. The
words "reenter" and "reentry" as used in this Lease are not restricted to their
technical legal meaning.
Landlord shall be entitled to recover from Tenant all expenses incurred by it in
the event of a default by Tenant or a necessary enforcement action under this
Lease, including but not limited to its attorneys fees.
18. RECOVERY OF POSSESSION: If proceeding shall at any time be commenced for
recovery of possession as aforesaid and compromise or settlement shall be
effected either before or after judgment whereby Tenant shall be permitted
to retain possession of the Premises, then such proceedings shall not
constitute a waiver of any condition or agreement contained herein or of
any subsequent breach thereof or of this Lease.
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19. TERMINATION BY INSOLVENCY: If a decree or order by a court having
jurisdiction of the Premises shall be entered (a) adjudging Tenant
bankrupt or insolvent, or (b) approving as properly filed a petition
seeking reorganization of Tenant under any bankruptcy or insolvency law,
or (c) for the winding up or liquidation of Tenant's affairs, or (d) for
the appointment of a receiver or a liquidator or trustee in bankruptcy or
insolvency of Tenant or any of Tenant's property, and such decree or order
shall continue undischarged or unstayed for thirty (30) days, or if Tenant
shall institute or consent to insolvency or bankruptcy proceedings by or
against Tenant, or file petition, answer, or consent to the appointment of
a receiver or liquidator or trustee in bankruptcy or insolvency of Tenant
or Tenant's property, or make assignment for the benefit of creditors, or
admit in writing Tenant's inability to pay debts generally as they become
due, or take corporate action in furtherance of any of the aforesaid
purposes, then and in any such event, Landlord may, if Landlord so elects,
with or without notice or entry or other action, forthwith terminate this
Lease, and shall upon such termination be entitled to recover damages in
an amount equal to the present value of the rent reserved under this Lease
for the residue of the stated term less the fair rental value of the
Premises for such residue or in any greater amount as may be permitted by
law up to the full amount of the rent reserved by this Lease to the end of
the stated term. In addition to any other rights and remedies Landlord may
have by any provisions in this Lease or in any statute or rule or law,
Landlord may retain as liquidated damages any rent, security, deposit, or
monies received by Landlord from Tenant or others on behalf of Tenant.
20. HOLDOVER: Should Tenant continue in possession after the end of the term,
such holding over shall not constitute a renewal or extension of this
Lease, but Landlord may, at Landlord's option, construe the Tenant as a
tenant at sufferance or such hold over as a month to month tenancy subject
to all the terms and conditions of this Lease.
21. DAMAGE OR DESTRUCTION: If the Premises shall be damaged as a result of
fault or neglect of Tenant's servants, employees, agents, visitors, or
licensees, Tenant shall pay for all damage and there shall be no abatement
of rent. If the Premises shall be partially damaged or be made
inaccessible by fire, flood, windstorm, the elements, or other cause
without fault or neglect of Tenant or Tenant's servants, employees,
agents, visitors, licensees, the damage shall be repaired by and at the
expense of Landlord if and to the extent covered by insurance but not
otherwise, and rent, until the premises are so repaired, shall be
apportioned according to the portion of the Premises which is usable to
Tenant. In making such repairs, Landlord shall not be liable for delays
which may arise by reason of adjustment or insurance loss, strikes, labor
difficulties, or by reason of other causes beyond Landlord's control. If
the Premises are substantially or totally destroyed or the Premises are
rendered totally untenantable by reason of fire, flood, windstorm, the
elements, or other cause, and the Landlord shall decide not to rebuild the
same, then and in such event, Landlord may within sixty (60) days after
such damage by fire or other cause, give Tenant notice of Landlord's
intention to terminate the Lease, which termination shall be effective
upon the third day after such notice is given, and Tenant shall thereupon
vacate the Premises and surrender the same to Landlord. Tenant shall
immediately notify Landlord in case of any damage by fire, flood,
windstorm, the elements, or other cause.
Tenant shall at Tenant's expense continuously maintain broad form contents
insurance on Tenant's personal property located on the Premises for the full
insurable value of such personal property:
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22. LIENS ON FIXTURES: It is hereby agreed that Landlord shall, during the
term of this Lease or as it may be extended, have an express lien (in
addition to any statutory Landlord's lien), for the payment of rent
aforesaid, upon all the trade fixtures, good, and stock in trade, and
personal property of the Tenant which are, or hereafter may be placed upon
the Premises.
23. LANDLORD NOT A PARTNER: It is expressly understood that the Landlord shall
not be construed or held to be a partner or associate of the Tenant in the
conduct of Tenant's business; it being expressly understood that the
relationship between the parties hereto is and shall remain at all times
that of Landlord and Tenant.
24. NOTICES: All notices required to be given hereunder shall be in writing,
and if intended for the Landlord, shall be mailed by registered mail or
certified, postage prepaid, to the office of the Landlord, 00 Xxxxx
Xxxxxxx Xxxx, Xx. Xxxxxxxxx, Xxxxxxx 00000, ATTN: Dr. Xxxxxx Thousand, or
if intended for the Tenant, shall be served upon one of the officers of
Tenant personally, or shall be mailed by registered mail, postage prepaid,
to the Premises or the address of Tenant as specified on page 1 of this
Lease. Either party shall have the right to change its principal office by
service by registered mail or certified, of such change.
25. GENERAL: It is further understood and agreed, that this instrument
contains the entire agreement between the parties hereto and shall not be
modified in any manner except by an instrument in writing executed by the
parties hereto, and that the conditions and agreements herein are binding
on, and may be legally enforced by the parties hereto, their heirs,
executors, administrators, successors and permitted assigns, respectively,
and that no waiver of any breach of any condition or agreement contained
herein shall be construed to be a waiver of that condition or agreement or
of any subsequent breach thereof, or of this Lease. Feminine or neuter
pronouns shall be substituted for those of the masculine form, and the
plural shall be substituted for the singular numbers in any place herein,
in which the content may require such substitution.
26. QUIET POSSESSION: It is further understood and agreed, that subject to the
terms of this Lease, that Tenant, paying the rent hereby reserved, and
performing and observing the several covenants hereof, may peacefully hold
and enjoy the Premises throughout the duration of this Lease without any
interruptions by the Landlord, its successors or assigns, or any person
lawfully claiming through it.
27. OTHER PROVISIONS: The titles appearing in this Lease are for the purposes
of easy reference and shall not be considered a part of this Lease or in
any way to modify, amend, or affect the provisions thereof. This Lease is
to be construed and enforced in accordance with the laws of the State of
Florida.
28. EMINENT DOMAIN: In the event that more than fifteen percent (15%) of the
ground floor area of the Premises shall be acquired or condemned by
eminent domain for any public or quasi-public purpose, then the term of
this Lease shall cease and terminate by either party giving notice thereof
to the other not more than thirty(30) days after the date on which title
vests in such authority, and Tenant shall have no claim against Landlord
for the value of any unexpired term of said Lease from the date of title
vesting in such proceeding.
In the event that the less then fifteen percent (l5) of the ground floor area of
the Premises be taken in any such condemnation, or shall be acquired for any
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public or quasi-public purposes, the Landlord, at its election, if feasible, may
restore the Premises for use and, if so, the rent shall be adjusted pro-rata
based on the then remaining area of the altered premises.
Tenant shall have no right to interpose and prosecute a claim against the
condemning authority for the value of Tenant's leasehold interest hereunder or
for alterations, fixtures and improvements taken by the condemning authority.
However, Tenant may claim any special damages such as severance damages or loss
of business damage and all such awards of special damages shall be the property
of the Tenant.
29. TAX CHARGES AND ASSESSMENTS: Tenant shall pay all personal property taxes
levied by any taxing authority on machinery, equipment, inventory or other
personal property or other assets of Tenant as the same shall come due.
Tenant shall likewise pay all other taxes, charges or assessments, levied
by any governmental or quasi-governmental authority for or on account of
Tenant's use of rental of the Premises or the conduct of Tenant's business
therein, including but not limited to, sales, use and occupation license
taxes and water, sewer or utility charges or assessments.
30. LANDLORD'S PERFORMANCE FOR ACCOUNT OF TENANT: If the Tenant shall continue
in default in the performance of any of the covenants or agreements herein
contained after the time limited for the curing thereof, as aforesaid,
then Landlord may perform the same for the account of Tenant. Any amount
paid or expense or liability incurred by Landlord in the performance of
any such matter for the account of Tenant shall be deemed to be additional
rent and the same (together with interest thereon at the rate of eighteen
percent (l8%) per annum from the date upon which any such expense or
liability shall have been incurred) may, at the option of Landlord be
added to any rent then due or thereafter falling due hereunder.
Nothing contained herein shall be construed to postpone the right of Landlord
immediately upon expending such sums to collect such sums with interest by
action or otherwise.
31. DEFINITION OF LANDLORD: The term "Landlord" as used in this Lease means
only the owner or the mortgagee in possession for the time being of the
Premises or the owner of the Lease so that in the event of any sale or
sales of the Premises or of this Lease, Landlord shall be and hereby is
entirely freed and relieved of all covenants and obligations of Landlord
hereunder accruing from and after the date of such sale or assignment, and
it shall be deemed and construed without further agreement between the
parties or their successors in interest or between the parties and the
purchaser at any such sale of the Lease or of the Premises, that the
purchaser has agreed to carry out any and all covenants and obligations of
Landlord hereunder accruing from and after the date of such sale
assignment.
32. LANDLORD'S ENTITY AT END OF LEASE: If during the two months of the term of
this Lease, Tenant shall have removed all or substantially all of Tenant's
property from the Premises, Landlord may prior to the expiration or
termination of the term of the Lease, without releasing tenant from any
obligations to repair or restore the Premises or to pay the rent in full,
and without any elimination or abatement thereof, immediately enter upon
and alter, renovate, and redecorate the Premises.
33. FIRE EXTINGUISHERS: Tenant agrees to supply and maintain at its own
expense any fire extinguishers, smoke alarms, or other fire
8
prevention equipment required by law, rules, orders, ordinances and
regulations of any city county, or state in which the herein Premises are
located, or required by any underwriters association, bureau, or any other
similar body having jurisdiction involving said Premises.
35. SUBSEQUENT MODIFICATION REQUIRED BY MORTGAGEE: The parties understand that
the Property of which the Premises form a part is or may hereafter be subject to
a mortgage lien or liens. In the event any present or future mortgagee shall
require modification of the form of this Lease, Tenant agrees to cooperate in
the execution and delivery of any document reasonably required by such mortgagee
to evidence such modification. Provided only that such modification does not
substantially alter the agreements of the parties as set forth herein.
36. ENVIRONMENTAL: Tenants are taking possession of property with a current
environmental letter stating that the property is free of all environmental
contamination and shall do nothing to jeopardize this current environmental
condition.
37. TIME OF THE ESSENCE: Time is of the essence of this Lease.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day
and year first above written.
Signed, sealed and delivered LANDLORD:
in the presence of: 000 XXXXXXXXXX XXXX
/s/ Xxxxxx Mandan By: /s/ Xxxxxx X. Phousand
----------------------------- ----------------------
Witness Its President
-----------------------------
Witness TENANT:
/s/ Xxxx Xxxxxx By: /s/ Xxxxxxx Amt
----------------------------- ---------------
Witness Its. President
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