Fill and Sign the Addendum to Commercial Lease Mississippi Form

EXHIBIT "A @ 1. It is understood and agreed between the parties hereto that the maintenance, replacement or repairs to the Demised Premises shall be at the Tenant's own cost and expense other than as herein modified. 2. Tenant agrees to replace any plate glasses that is broken with plate glass of equal size and thickness. (Applies to the Demised Premises only.) 3. Lessor hereby gives the Tenant the right to remove all trade fixtures and appliances installed by the Tenant at the expiration of this Lease, or any renewals thereof, and the Tenant agrees to repair any damages to the building by reason of such removal, excepting reasonable wear and tear, provided that Tenant is not in default of any of the terms and conditions of this Lease. Tenant expressly waives to Lessor the benefit of any statute requiring notice to vacate the Demised Premises at the end of the Term or at the end of any subsequent term for which this Lease may be renewed and any other law now in force or hereafter adopted requiring any such notice; and Tenant covenants and agrees to surrender the Demised Premises together with all improvements thereon and appurtenances, in clean and good operating condition, upon expiration of the Term or earlier termination of this Lease without further notice from Lessor. 4. Tenant agrees that it shall only use the parking facilities as parking during the term of this Lease and any renewals thereof, and so to be used in common with other tenants. It is further agreed that Tenant or Tenant = s employees shall not use the parking facilities for their cars except as designated by the Lessor. Lessor may elect to develop one or more out parcels on the lot for commercial development. The purpose of Exhibit "B" of this Lease is merely to define where the Demised Premises is located within the Shopping Center and in no way is to be construed as a representation or warranty by Lessor as to the layout of the remainder of the Shopping Center, including, but not limited to: (i) the location of the other tenants of the Shopping Center; (ii) the layout of the common areas, including but not limited to the number and location of parking spaces, the location of entrances, and exits, the location of any driving - 1 - lanes, and property lines; and (iii) the location of any outparcels. 5. If, during the term of this Lease, the building is damaged by fire or other casualty rendering the Demised Premises as wholly unfit for the operation of the business of the Tenant, and if said Demised Premises cannot in Landlord's opinion, be repaired within six (6) months from the happening of such injury and unless said reconstruction, rebuilding or repairing shall be prevented by circumstances beyond the control of the Lessor, then this Lease shall cease and determine from the date of such damage. In such case, the Tenant shall pay rent for the said Demised Premises apportioned to the time of damage, and shall immediately surrender the leased Demised Premises to the Lessor, who may enter upon and repossess the same and all further liability of the Tenant to the Lessor for rent reserved in this Lease shall cease. If, however, any such damage can be repaired within a period of six (6) months thereafter, the Lessor may enter and repair, and this Lease shall not be affected in any manner, except that the liability of the Tenant for the rent shall be suspended until Lessor has substantially completed the repairs for the period during which such repairs are being made. However, if the damage to the said Demised Premises shall be so slight as not to render the same unfit for the operation of the business of the Tenant, the said Lessor agrees that such damage shall be repaired with reasonable promptitude, in which case the rent shall continue to be payable as set forth in the Lease. Notwithstanding anything contained in this Lease to the contrary, it is further mutually understood that the Lessor shall not be liable for any injury or damage to any person or to any property at any time on said Demised Premises or building, including any remodeling of said building or from any cause whatever that may at any time exists from the use or condition of said Demised Premises or building or from ice therefrom or from water, rain or snow which may leak into, issue or flow from any part of said building, or from the pipes or plumbing of the same or from any other place or quarter or from any other cause during the term of this Lease or any renewal thereof. 6. Tenant accepts the Demised Premises in an A as is @ condition and shall be responsible for any repairs or replacements to the interior or exterior of the Demised Premises, including but not limited to plumbing, electrical, heating and air conditioning ("HVAC") systems and plate glass. Tenant shall keep and maintain the Demised Premises and every part - 2 - thereof clean and in good condition and shall make all repairs and replacements thereto and to each and every part thereof which may be necessary, required or desired. Without limiting the generality of the foregoing, Tenant shall be solely responsible for all heating, ventilating, air conditioning, plumbing, electrical and mechanical systems, facilities, equipment, signs, fixtures and appliances and parts thereof; all doors, windows, glass and hardware; all floor, ceiling and wall coverings; all painting and decorating; and all improvements. Tenant shall enter into and maintain a contract with a heating and air conditioning contractor for periodic service, maintenance and repairs to the HVAC system on the Demised Premises. Such contract shall provide for monthly changes of filters and quarterly service calls for the purpose of making inspections, adjustments, lubrications and replacements of belts and other parts subject to wear. However, Lessor shall be responsible for the structural walls and roof. Tenant shall not allow any noxious or disturbing odors, fumes or gases to be emitted from the Demised Premises and it shall be a condition of this Lease that Tenant shall keep the Demised Premises properly ventilated in order to avoid such emissions. 7. Tenant shall pay for all utilities used on the Demised Premises from the date the Lease period begins. If the utilities are not separately metered, then Tenant shall pay its proportionate share of such utilities as determined by Landlord. 8. Effective upon the commencement of this Lease, Tenant shall pay its proportionate share of all common area maintenance charges, real estate taxes, insurance and/or any other tax imposed as a substitution for, or additions to the current method of taxation levied against the Shopping Center. Tenant's proportionate share shall be determined by a fraction, the denominator of which shall be the total number of leasable square feet in the Shopping Center and the numerator of which shall be the total number of leasable square feet in the Demised Premises. 9. Upon execution of this Lease, Tenant shall prepay to Lessor the first month's rental payment of ____________ and a security deposit in the mount of ______________ . Said deposit shall be returned to Tenant at the end of the Lease to the extent that it is not needed for rent or repairs. - 3 - 10. Provided that the Tenant is not in default under this Lease, Tenant shall have one (1) option to renew this Lease for an additional term of five (5) years with all the terms, provisions, and conditions remaining the same except that the monthly rental shall increase to: (i) $______________ monthly commencing upon _________________ through _______________ ; and (ii) _________________ monthly commencing upon ___________________ through _________________ This option to renew this Lease shall be deemed automatically exercised unless the Tenant notifies the Lessor in writing, by Certified Mail, at least 90 days prior to the expiration date of this Lease of its intention not to renew this Lease, time being of the essence. 11. Tenant agrees to maintain commercial general liability insurance covering the Demised Premises. Such insurance policy shall be in the amount of at least One Million Dollars combined single limit coverage, and shall name Lessor as an additional insured. Tenant shall furnish Lessor with a Certificate of Insurance. 12. Tenant shall pay any increase in insurance premium brought about by this particular occupancy. In the event Lessor is required to install any fire retardant/prevention system(s) in the Demised Premises and/or the Shopping Center by Lessor = s insurance carrier because of Tenant's use or occupancy of the Demised Premises, then Tenant shall immediately pay for one hundred percent (100%) of the cost of such installation of such fire retardant/prevention system(s). 13. If Tenant shall fail to pay any installment on Minimum Rent, or any item of additional rent within five (5) days after the date the same becomes due and payable, then Tenant shall pay to Lessor a late payment service charge (herein referred to as A Late Charge @ ) covering administrative and overhead expenses equal to the greater of (a) __________________________ and ________/100 Dollars ($_____________), or (b) ____________ cents ($.___) per each dollar so overdue. The provisions herein for the payment of the Late Charge shall not be construed to represent interest but are intended to reimburse Lessor for its overhead and expense so incurred and shall not be construed to extend the date for payment of any sums required to be paid by Tenant hereunder or to relieve Tenant of its - 4 - obligation to pay all such sums at the time or times herein stipulated. 14. All matters relating to Certificates of Occupancy and any other permits and approvals which may be necessary for Tenant to conduct business in the Demised Premises shall be the responsibility of Tenant; and Lessor makes no representation or warranty with respect to the same. Tenant agrees to use its best efforts to obtain all necessary certificates, permits and approvals. Upon execution of this Lease, Tenant shall immediately obtain such Certificates of Occupancy and permits and shall deliver copies of such Certificates of Occupancy and permits to Lessor. 15. Tenant shall, at its sole cost and expense, install a sign on the front facade of the Demised Premises in accordance with the Sign Standards listed on Exhibit A C" which is attached hereto and made a part of this Lease. Prior to such installation, Tenant shall obtain the written consent from Lessor, which consent shall not be unreasonably withheld. 16. Tenant agrees to subordinate its rights hereunder to the lien of any mortgage, deed of trust, or other security instrument, in favor of any lender, now or hereafter in force against the Demised Premises, and to all advances made or hereafter to be made upon the security thereof. Tenant agrees to confirm the subordination in a written instrument upon request of Lessor. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage, deed of trust or other security instrument covering the Demised Premises, Tenant shall attorn to the purchaser upon such foreclosure or sale, and recognize such purchaser as the Lessor under this Lease. Within ten (10) days after written request from Lessor, or in the event that upon any sale, assignment or hypothecation of the Demised Premises and/or the land thereunder by Lessor, an estoppel certificate shall be required from Tenant, Tenant agrees to deliver in recordable form, a certificate to any proposed mortgagee or purchaser, or to Lessor, certifying the terms of this Lease, and also (if such be the case) that this Lease is in full force and effect and that there are no defenses or offsets thereto, or stating those claimed by Tenant. 17. There shall be no fixed minimum monthly rental due for the first two (2) months - 5 - of the term of this Lease. Thereafter, the fixed minimum monthly rental shall be as follows: (i) ___________________ monthly commencing upon ___________________ through ___________________ ; and (ii) ___________________ monthly commencing upon ___________________ through ___________________ ; and (iii) ___________________ monthly commencing upon ___________________ through ___________________ INTENDING TO BE LEGALLY BOUND HEREBY, witness our hands and seals the day first above written. ______________________________________ ______________________________________ BY: _________________________________ CORPORATION, Managing Member WITNESS: ________________________________ By:____________________________________ ___________________ , President TENANT: _________________________________ , ___________________ WITNESS: ________________________________ By:____________________________________ - 6 -