# **Exhibit 10.22**

# ** **

# **LEASE AGREEMENT**

# ** **

THIS LEASE AGREEMENT, made and entered into this 2ndday of October 2001, 2001, by and between RENO 26, LLC, a NevadaLimited Liability Company (hereinafter “Lessor”), and NEVADA SECURITY BANK, aNevada Bank, its subsidiaries and affiliates, with its principal offices at 595Double Eagle Court, #2100, Reno, Nevada 89511 (hereinafter “Lessee”).

 

## **WITNESSETH**

 

1.             PREMISES.

 

In consideration of the mutual covenants and agreements set forthherein, Lessor leases to Lessee and Lessee leases from Lessor, for the rentaland on the terms and conditions hereinafter set forth, certain real propertysituated in the City of Reno, County of Washoe, State of Nevada, located at theNortheast corner of Double R and South Meadows Boulevards, and described asapproximately 9,300 square feet, including twelve (12) designated parkingstalls at the front building entrance and adequate public parking, to be usedfor a commercial bank, including drive-thru, ATM, night drop, etc., and allother related uses.  Said real property,including the land and all easements, tenant improvements and appurtenancestherein, is hereinafter referred to as the “Premises.”

 

The Premises are located within a parcel designed for the occupancy ofmore than one lessee.  Lesseeacknowledges that the site contains area intended for the use in common by alloccupants of the site.  As long asLessee occupies the Premises, Lessee and its employees, agents, and inviteesshall have the right to use, in common with Lessor, its successors, assigns andother lessees, all of the common areas, except for the areas reserved for theexclusive use of Lessor or other lessees or occupants on site.

 

2.             TERM.

 

The term of this Lease shall commence on Substantial Completion of theTenant Improvements (“Commencement Date”) and shall end ten (10) years from thedate (“Termination Date”) unless terminated earlier by either party under theterms of this Lease.  For purposes ofthis paragraph, Substantial Completion of Tenant Improvements shall occur whena Certificate of Occupancy is issued for the Premises.

 

If the Premises are not available for occupancy by July 15, 2002,Lessee shall have the right to terminate this lease without any furtherobligation or liability whatsoever.

 

3.             USE.

 

Lessee shall not occupy or use or permit any portion of the Premises tobe occupied or used, for any business or purpose other than the use or uses asset out in Paragraph 1.  Lessee shallnot create any nuisance, commit waste, or interfere with, annoy or disturb anyother lessees or occupants of the site. If a special use permit is required for Lessee’s intended use, Lesseeshall be responsible for the

 

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acquisition and payment of any such permit from the appropriateagencies.

 

4.                                       RENT.

 

Except asprovided herein, Lessee’s obligation to pay rent shall commence upon  its occupancy of the Premises as defined inParagraph 3 above, payable in advance on the 1st day of the monthduring the term at the following address of Lessor:  Reno 26, LLC, 5370 Kietzke Lane, #207, Reno, NV 89511, or suchother address s may be designated by Lessor. Lessee shall be granted a five (5) business day grace period before therent is considered to be late.  A $100late fee may be assessed by Lessor if the rent is paid after the 5thbusiness day of the month but on or before the 15th day of the month(calendar day), except if the 15th is not a business day, then thenext business day shall be considered the 15th day of the month forpurposes of this lease.  Lessor mayimpose a 3% late fee penalty if the rent is paid after the 15th dayof the month, but prior to the end of the month, and shall pay a 7% latepenalty if the rent is paid after the end of the month.  Late payments under this provision shall notbe cumulative.  For example, if the rentI spaid after the end of the month, only the 7% late penalty may beassessed.  Lessee hereby agrees to payLessor, or assigns, the total sum per useable square foot per month, modifiedtrip net (NNN) as shown in the table below for the first four (4) years of thelease.  The rents per month are forapproximately +/-7,5000 useable square feet of finished space and approximately+/-1,800 square feet of unfinished space, the exact amount of useable space tobe determined by the floor plan attached hereto as Exhibit “A.”  In addition, Nevada Security Ban will p ayits pro rata share of the common area space per BOMA standards, as determinedand certified by the project architect.

 
|             |   | **Year 1** |   | **Year 2** |   | **Year 3** |   | **Year 4** |   |
|------------------|--------|------------|--------|------------|--------|------------|--------|------------|--------|
|             |   |       |   |       |   |       |   |       |   |
| Finished Space   |   | $          | 1.08   |       | $      | 1.35       |   | $          | 1.64   |   | $ | 1.94 |   |
|             |   |       |   |       |   |       |   |       |   |
| Unfinished Space |   | $          | 0.90   |       | $      | 0.92       |   | $          | 0.95   |   | $ | 0.97 |   |

 

Rent shall be increased annually, beginning in Year 5, on theanniversary of the commencement date at the rate of 2.5%.  No other CPI increases shall becharged.  Lessee has the right to finishthe Unfinished Space at its own expense for its own banking related use oruses, or for other professional or retail use with the written permission ofthe Lessor, which permission shall not be unreasonably withheld or delayed.

 

Rent shall be prorated for the fraction of a month, when applicable,based on the number of days within the fractional month.  Lessor shall be responsible for payment ofall utility bills for utilities provided to the Premises and Lessor shall beresponsible for payment of all base year property taxes on the land andfinished building with the Lessee being responsible for its proportionate shareof future increases in the property taxes. For purposes of this paragraph, base year property taxes shall includeall real property taxes, assessments or obligations assessed against theproperty one (1) year after the Commencement date.

 

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Lessee shall also pay as additional rent its proportionate share of CAMcharges, upkeep and maintenance based on Lessor’s actual costs.  For purposes of this provision,proportionate share shall be calculated by dividing the Premises by the totalsquare footage of all of the buildings which share in the CAM, the resultingfraction shall be Lessee’s assigned percentage.  Lessor guarantees that CAM charges will not be more than $0.18per square foot per month and will not increase more than $0.01 per square footper month per year (i.e., $0.18 first year, no more than $0.19 the second year,etc.).  Lessee shall have the right toreview the actual CAM expenses paid by the Lessor.  Lessor shall have the obligation to Lessee to insure that the CAMexpenses incurred are reasonable and customary in the area for the servicesperformed.  Lessor shall obtain writtenconsent of the Lessee for CAM which are not reasonable or customary.

 

5.             QUIET ENJOYMENT.

 

Lessor hereby warrants that Lessor has the right to lease the Premisesto Lessee and that the individuals executing this lease are fully authorized toand legally capable of executing this lease on behalf of Lessor.  Lessor covenants that Lessee shall, whileLessee is not in default on the terms of this lease, peaceably and quietly holdand enjoy the Premises for the lease term, without interference or hindrancefrom Lessor or persons claiming by or through Lessor.

 

Lessor and Lessee agree, at the request of either party, concurrentlywith the execution of this lease, they shall execute a memorandum of this leasesuitable for recording, which at the option of either party may be recorded.

 

6.             LESSOR’S ACCESSTO THE PREMISES.

 

Provided that the exercise of such rights does not unreasonablyinterfere with Lessee’s use or occupancy of the Premises, Lessor shall have theright to enter the Premises at reasonable times during normal business hoursand upon reason advance notice to Lessee (except in the case of emergency) forthe purpose of making alterations, repairs or improvements to the property, orto show the Premises to prospective lessees, and for other reasonably relatedlawful purposes.

 

7.             COMPLIANCE WITHLAWS.

 

At the time of Commencement, Lessor will be in compliance with any andall applicable laws, ordinances, rules, regulations, orders and covenants,whether promulgated by state, federal, municipal or any other agency or bodyhaving jurisdiction over the Premises, and Lessor shall perform, or cause to beperformed, any alterations, repairs, improvements or replacements related tothe use, condition or occupancy of the Premises, including but not limited tolaws relating to design, construction, energy conservation, environmental,fire, health and safety laws.

 

Should Lessor fail to comply with any such laws, rules or regulations,Lessee may, at its option, make any such repairs, alterations, or replacementsand reduce the rental due hereunder in the amount of the cost incurred byLessee.

 

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8.             ALTERATIONS ANDFIXTURES.

 

Lessee shall not, except with Lessor’s prior written consent, whichshall not be unreasonably withheld or delayed, make or cause to be made anymajor alterations, decorations, additions or improvements to the Premises.  It is further understood and agreed by andbetween the parties hereto that if Lessee installs furniture, fixtures or otherequipment with the written consent of Lessor, the furniture, fixtures or otherequipment may be detached and removed by Lessee at the expiration of thislease, by the lapse of time or otherwise, provided the rent or other chargesupon Lessee are fully paid.  Anyalterations or repairs in excess of $15,000.00 will require written Landlordapproval.

 

9.             END OF TERMHOLDOVER.

 

If Lessee remains in possession of the Premises at the expiration ofthe term, or any renewal thereof, Lessee shall be deemed to be occupying thePremises as a Lessee from month to month, at 150% of the monthly rental thatapplied during the last month of the term or any renewal term.  In the event f a holdover, Lessee’soccupancy of the Premises shall be subject to all other provisions of thislease, but only as they are applicable to a month-to-month tenancy.

 

10.           SERVICES.

 

Lessor’s Obligations.  Lessor shall, at Lessor’s sole cost andexpense, provide approximately +/-7,500 usable square feet (as set forth inExhibit “A”) of office space with a $15.00 per usable square foot TenantImprovement Allowance.  Lessor hasprovided Lessee certain specifications detailing what the Lessor will provideto Lessee as a shell building, which specifications are attached to this leaseas Exhibit “B” and incorporated herein by reference as though set forth morefully.  The Tenant Improvement Allowanceshall not include any improvements to be provided by Lessor as specified in Exhibit  “B.”

 

In the event Lessor is prevented or delayed in furnishing any serviceor utility system set forth in this Lease for any reason, Lessee shall beentitled to an abatement or reduction in rent, to the extent the failure toprovide services or utility systems or the delay in furnishing services orutility systems substantially interferers with the conduct of Lessee’sbusiness.  Lessor reserves the right tostop any service or utility system when necessary by reason of accident oremergency, or until necessary repairs have been completed, provided, however,that in each instance of stoppage, Lessor shall exercise reasonable diligenceto eliminate the cause thereof.  Exceptin the case of emergency repairs, Lessor will give Lessee reasonable advance noticeof any contemplated stoppage and will use reasonable efforts to avoidunnecessary inconvenience to Lessee.

 

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11.           MAINTENANCE ANDREPAIRS.

 

Lessor’s Obligations.  Lessor warrants that the Premises and all ofits related areas and systems affecting the Premises are in compliance with allapplicable building codes and regulations. Lessor also warrants that for a period of twelve (12) months from theCommencement Date ll mechanical, electrical, engineering, HVAC systems shall bein good condition and working order and the roof to be in watertightcondition.  Lessee shall incur noexpenses relating to such systems by way of CAM charges or otherwise during thetwelve (12) month warranty period.

 

Lessee’s Obligations.  Subject to the foregoing provisions, Lessorand Lessee agree tat the Lessor, by reason of the CAM charges and thisagreement, shall be responsible for the roof, structure, foundation,electrical, mechanical, HVAC systems, exterior and all common areas of thebuilding in which the Premises are located. Lessee agrees to be responsible for interior maintenance of its leasedPremises and all glass, interior electrical, and plumbing (after a one yearwarranty period).

 

12.           ASSIGNMENTS ANDSUBLEASES.

 

Lessee agrees not to assign or sublet all or any part of the Premiseswithout Lessor’s prior written consent, which shall not be unreasonablywithheld or delayed.

 

13.           INDEMNIFICATIONAND HOLD HARMLESS.

 

Lessor and Lessee shall indemnify and save each other harmless from andagainst any and all liabilities, claims, and costs (including reasonableattorney’s fees, penalties and fines) for death, injury, or damages to persons,or properties during the term of this lease, arising from (a) any default by eachin the performance of its obligations under this lease, (b) the manner of eachparty’s use and occupancy of the Premises, or (c) any acts, omissions, ornegligence of each party or its agents, employees, contractors or invitees.  If any action or proceeding is broughtagainst the other based upon any such claim, the party at fault shall causesuch action to be defended, at its expense, by counsel reasonably satisfactoryto the other party.  This hold harmlessand indemnity shall survive termination of this lease.

 

14.           FORCE MAJEURE.

 

In the event Lessor or Lessee is delayed, hindered or prevented fromperforming any act or thing require hereunder by reason of strikes, lockouts,labor troubles, casualties, failure or lace of utilities, governmental laws or regulations,riots, insurrection, war, acts of God, or other causes beyond the reasonablecontrol of Lessor or Lessee , nether party shall be liable for the delay, andthe period for the performance by either party shall be inapplicable to thepayment of rent by Lessee and to the delivery of the Premises by Lessor.

 

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15.           HAZARDOUSMATERIAL.

 

Lessor/Lessee warrants that neither Lessor/Lessee, nor toLessor’s/Lessee’s knowledge, has any third party used, generated, managed,treated or disposed of any regulated or environmentally hazardous substance on,under or about the Premises or transported any regulated or environmentallyhazardous substance to or from the Premises. Lessor further warrants that it has no knowledge of the presence of anyregulated or environmentally hazardous substances in, on or within reasonableproximity to the Premises, nor of any existing violations of any laws, rules,regulations, or ordinances, including without limitation, any environmentallaws against or upon the Premises. Should Lessor or Lessee, during the term of this lease, or anyextensions thereof, become aware of the existence of any regulated orenvironmentally hazardous substance being present on the Premises, Lessor/Lesseeshall promptly remove the source of said substance.  If Lessor/Lessee is unable, for any reason, to promptly cure saidcondition, then Lessee/Lessor may terminate this lease at Lessee’s/Lessor’soption.  Lessor/Lessee further warrantsthat it will indemnify and hold Lessee/Lessor harmless from any and all losses,claims, injuries, or causes of action (including reasonable attorneys’ fees)arising out of or caused by the existence of any such hazardous or regulatedsubstances, not created by or brought on the Premises by Lessee/Lessor, duringthe term and any renewals of this lease. This indemnification and hold harmless provision shall survivetermination of this lease.

 

16.           DESTRUCTION OFTHE PREMISES.

 

If the during the term of this lease, the Premises are destroyed ordamaged in whole or in part by fire or other casualty (even if only part of thebuilding other than the Premises is damaged), Lessor shall promptly anddiligently repair the Premises unless the lease is terminated as hereinafterprovided.  Rent shall abate until suchrepairs and restoration are made, or until the lease is terminated ashereinafter provided; further provided, however, that if such fire or othercasualty is caused by fault or negligence of Lessee, its employees or agents, Lesseeshall not be entitled to any such abatement.

 

Within thirty (30) days of the date of such damage, Lessor shall notifyLessee whether Lessor will restore the Premises, and provide Lessee withLessor’s anticipated time frame for the restoration or that the restorationcannot be completed within a three (3) month period.  If the damage, whether to the Premises alone, another part of thebuilding, or both, renders the Premises unrentable for Lessee’s intended purposesin whole or in part, and is so extensive that Lessor cannot restore or repairthe Premises to pre-casualty condition within a period of three (3) months fromthe date of such fire or other casualty, either party shall have the right toterminate this lease by notice to the other party.  In the event the damage, in Lessor’s reasonable opinion, can berestored to pre-casualty condition within a period of three (3) months from thedate of such fire or other casualty, Lessor shall undertake to restore thePremises and the building in a prompt and diligent manner.

 

17.           EMINENT DOMAIN.

 

In any part of the Premises shall be taken or condemned by eminentdomain and renders the Premises unsuitable for the business of Lessee, the termof this lease shall cease and terminate as of the

 

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date of title to the Premises vests in the condemning authority.  All compensation awarded for any takingunder the power of eminent domain, whether for the whole or a part of thePremises, shall be the property of the Lessor, whether awarded compensation fordiminution on the value of the leasehold or to the fee of the Premises orotherwise, and Lessee hereby assigns to Lessor all of the Lessee’s right, titleand interest in and to any and all such compensation; provided, however, thatLessor shall not be entitled to any award properly belonging to Lessee,including, but not limited to, the taking of Lessee’s trade fixtures,furniture, or for any award for moving expenses.

 

18.           OPTION TO RENEW.

 

In the event Lessee is not then in default in any of its obligationsunder this lease, Lessor hereby grants to Lessee an option to extend this leasefor four (4), five (5) year periods, each at 95% of the then “ market”rent.  To exercise these options, Lesseeshall give Lessor 120 days prior written notice of Lessee’s exercise of itsoption to extend this lease.  “Market”rent for purposes of this provision shall be defined as rents received on newleases for similar commercial properties under similar terms andconditions.  If the parties cannot agreeon such rent, the parties shall agree to hire a mutually acceptable appraiser(and each party shall pay 50% of the appraisal fee) and agree to abide by therental recommendation made by the appraiser.

 

19.           DEFAULT.

 

Lessor:     If Lessor defaults in the performance ofany term, covenant, or condition required to be performed by it under thislease, Lessee may elect either one of the following:

 

(a)     After not less thanthirty (30) days written notice to Lessor, Lessee may remedy such default byany necessary action , and in connection with such remedy may pay expenses andemploy counsel; all sums expended  orobligations incurred by Lessee in connection therewith shall be paid by Lessorto Lessee on demand, and on failure of such reimbursement, Lessee may, inaddition to any other right or remedy that Lessee may have, deduct the cost andexpenses thereof form rent due hereunder; or

 

(b)     Elect to terminate thislease on giving at least forty-five (45) days’ notice to Lessor, thereby terminatingthis lease on the date designated in such notice, unless Lessor shall havecured such default prior to expiration of the forty-five (45) day period.

 

Lessee:     If Lessee does not pay the entire amountof rent due within 30 days of its due date, and after 15 days written noticethat such rent is 30 days late, then Lessor may declare this lease at an endand recover possession of the Premises as if the same were held by forcibledetainer, and Lessee does hereby waive notice of such election, or of anydemand for the possession of the Premises. In exercising any of its remedies hereunder, Lessor shall be obligatedat all times to mitigate its damages and act toward Lessee in a manner that isconsistent with its obligations under the covenant of good faith and fairdealing implied in this lease.

 

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Insolvency/Bankruptcy:     Notwithstanding anything to the contraryin this lease agreement, in the event (a) Lessee or its successors or assigneesshall become insolvent or bankrupt, or it or their interests under this leaseshall be levied upon or sold under execution or other legal process, or (b) thedepository institution then operating on the Premises is closed, or is takenover by any depository institutions regulatory authority (“RegulatoryAuthority”), Lessor may, in either such event, terminate this Agreement onlywith the concurrence of any Receiver or Liquidator appointed by such RegulatoryAuthority, provided that, in the event this Lease is terminated by the Receiveror Liquidator, the maximum claim of Lessor for rent, damages or indemnity forinjury resulting from the termination, rejection or abandonment of theunexpired lease shall by law in no event be an in amount greater than allaccrued and unpaid rent, triple-net charges and prorations to the date oftermination.

 

20.           PROMINENT SIGNSON BUILDING.

 

Lessee shall be permitted maximum signage rights as per the CC&Rsand applicable municipal codes.  Lesseeshall also be entitled to lighted sings on three (3) sides of the building aslarge as is permissible under local regulations.  Lessee shall also be entitled to building signage on the shoppingcent sign at no additional cost.

 

21.           COMMISSIONS.

 

It is understood that Lessor is responsible for the payment of any andall leasing commissions.

 

22.           AMERICANS WITHDISABILITIES ACT.

 

Lessor agrees to be in compliance at the Commencement date with allrequirements of the American with Disabilities Act (Public Law 101-336,July 26, 1990)(the “Act”); applicable to the Premises and applicable tothe building and project to accommodate Lessee’s employees, invitees andcustomers.  Lessor acknowledges that isshall be wholly responsible for any accommodations or alterations which need tobe made to the Premises to accommodate Lessee’s employees, customers andinvitees and for making any additional accommodations or alterations which needto made to the building or the project to accommodate Lessee’s employees,invitees and customers.  Lessor agreesto indemnify and hold Lessee harmless from any and all expenses, liabilities,costs or damages suffered by Lessee’s employees, invitees and customers as aresult of Lessor’s failure to fulfill its aforesaid responsibilities regardingmaking such accommodations and alterations referenced in this paragraph.  No provision in the lease should beconstrued in any manner as permitting, consenting to or authorizing Lessor toviolate requirements under such Act and any provision of the lease which couldarguably be construed as authorizing a violation of the Act shall beinterpreted in a manner which permits compliance with such Act and is herebyamended to permit such compliance. Lessee shall cooperate fully with Lessor to enable Lessor to timelycomply with the provisions of the Act.

 

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23.           NO JOINT VENTURE.

 

Nothing contained herein nor the acts of the parties shall be deemed orconstrued to create the relationship of principal and agent, partnership, jointventure, or similar relationship or arrangement, it being understood that therelationship between the parties is solely that of Lessor and Lessee.

 

24.           INSURANCE ANDWAIVER OF SUBROGATION.

 

Lessee, at its own expense, shall maintain during the term of thislease, Commercial General Liability Insurance in a combined single limit of$1,000,000 bodily injury (including loss of life), and property damage arisingin any one occurrence.

 

Lessor and Lessee hereby mutually waive their respective rights ofrecovery against each other for any loss insured by fire, extended coverage orall risk property insurance policy.

 

25.           ATTORNEY’S FEES.

 

If either party herein brings an action to enforce the terms of thislease, the prevailing party in such action shall be entitled to reasonableattorneys’ fees to be paid by the non-prevailing party.

 

26.           SUCCESSORS ANDASSIGNS.

 

Each of the provisions of this lease shall extend to and shall, as thecase may require, bind or inure to the benefit of Lessor and Lessee, and theirrespective subsidiaries, affiliates, heirs, legal representatives, successorsand assigns.  In the event the Lessorshould sell the property, including the Premises, the sale shall include fullassignment of the terms and conditions of this lease.

 

27.           HEADINGS.

 

The titles and headings of this lease are for convenience of referenceonly and shall not in any way be deemed a part of this lease for the purposesof construing or interpreting the meaning thereof, or for any other purpose.

 

28.           GOVERNING LAW.

 

This lease shall be governed by and construed in accordance with thelaws of the State of Nevada.

 

29.           RIGHT OF FIRSTOFFER.

 

If, during the period of this lease or any subsequent renewals, Lessordesires to transfer, assign or otherwise convey to any third party (with the exceptionof related parties for estate planning

 

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purposes) title to the building in which the premises are located (the“Building”),Lessee shall first be offered the Building for sale at Lessor’ssale price. Lessee shall then have forty-five (45) days to accept or reject theoffer to purchase the Building.  IfLessee rejects Lessor’s offer and Lessor later chooses to reduce the askingprices by more than five percent (5%) or chooses to accept an offer from athird party of less than five percent (5%) of the orignalk asking price, Lessormust first offer this reduced price and terms to Lessee.  Lessee shall then have twenty (20) days toaccept or reject the terms of the new ofdfer.

 

30.           LESSEE ASSUB-LESSOR.

 

At such time as the second floor of the Premises is available foroccupancy, Lessor shall offer occupancy or the ability to sublet said premisesto Lessee, at which time Lessee shall have ten (10) days in which to accept thepremises or decline its rights pursuant to this provision.

 

31.           ARBITRATION.

 

Mandatory Binding Arbitration.

 

A.            General:     Any dispute arising between the parties,or their successors-in-interest concerning the meaning or interpretation ofthis lease or any dispute arising under this lease, or the rights, duties orobligations of the parties, including their successor-in-interest, shall, withreasonable promptness, be submitted to and determined by arbitration in Reno,Nevada, by the arbitration rules then in force and effect, and judgment uponany award rendered may be entered in any court having jurisdiction thereof, andany such party may, if he so elects, institute proceedings in any court havingjurisdiction for the specific performance by any party of any such awarded.  The arbitration proceedings shall begoverned by Nevada Revised Statutes Chapter 38, Uniform Arbitration Act.  Any would otherwise be applicable in ajudicial action brought by a party shall be applicable in any arbitrationproceeding hereunder.

 

B.            Selection ofArbitrators:  A request forarbitration shall be made by delivery by the party seeking arbitration to theother party, a written notice of intent to arbitrate. Within thirty (30) daysafter written notice of submission to arbitration, the disputing parties shalleach select an arbitrator who is experienced, impartial, disinterested and ofrecognized competence and notify the other party in writing of itsselection.  Within twenty (20) daysafter the selection of the two arbitrators, the two arbitrators shall select athird arbitrator.  The three arbitratorsshall hear and decide such dispute.

 

32.           ENTIRE AGREEMENT.

 

This lease contains the entire agreement and understanding betweenLessor and Lessee relating to the leasing of the Premises and obligations ofLessor and Lessee.  This leasesupersedes any and all prior or contemporaneous agreements and understandingsbetween Lessor and Lessee, and shall not be modified or amended unless bothLessor and Lessee agree in writing.

 

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33.           CONTINGENCIES.

 

**This agreement is contingent upon theapproval or non-disapproval of any and all regulatory banking agencies.Further, this agreement is contingent upon the delivery of adequatedescriptions per Schedule ”A” and “B”, as well as appropriate supportingdocumentation concerning the building plans, elevations and condition of thebuilding shell, upon its delivery to the Lessee.**

 

34.           NOTICES.

 

The parties can be notified by certified or registered mail orovernight delivery services with verification of delivery as follows:

 
| Lessor:         |   | Reno 26, LLC                                 |
|-----------------|--------|----------------------------------------------|
|            |   | 5370 Kietzke Lane, #207                      |
|            |   | Reno, NV 89511                               |
|            |   | Attn:  Douglas Clemetson                |
|            |   |                                         |
| Lessee:         |   | Nevada Security Bank                         |
|            |   | 595 Double Eagle Court, #2100                |
|            |   | Reno, NV 890511                              |
|            |   | Attn:  Jack Buchold                     |
|            |   |                                         |
| *With copy to:* |   | John K. Gallagher, Esq.                      |
|            |   | Guild, Russell, Gallagher & Fuller, Ltd. |
|            |   | P.O. Box 2838                                |
|            |   | Reno, NV  89505                         |

 

*IN WITNESS WHEREOF*,the parties have executed this lease as of the day and year first abovewritten.

 
| *LESSOR:*    | *LESSEE:*             |
|--------------|-----------------------|
|         |                  |
| Reno 26, LLC | NEVADA SECURITY BANK  |
|         |                  |
| By:          | /s/ Douglas Clemetson |   | By: | /s/ Hal Giomi |   |
| Title:       |  Member          |   | Title: | President & CEO |   |
|              |                       |  |  |  |  |  |  |

 

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**AMENDMENT “A”**

**To the Office Lease dated October 2,2001**

**Between Reno 26, LLC (Landlord) and**

**The Nevada Security Bank (Tenant)**

 

As of this date, the above referenced Lease is to be revised to reflectthe following:

 

1.        Paragraph 3 shall include thefollowing:  “Lessee is responsible forany permits, fees and associated usage charges based upon their specific use.”

2.        Paragraph4:

a.         Modified Triple Net (NNN) shall includeLessee’s responsibility for interior maintenance of leased premises (excludingthe one-year basic interior warranty), interior janitorial services includingrestrooms within the space and an appropriate portion of Liability Insurance.

b.        As per BOMA standards, attached andincorporated as Exhibit “B” to the Lease, the total leaseable area is 9,202square feet.  Using the formula for thefinished space of 80.65% of the Leaseable area, then the finished space wouldbe 7,421.41 square feet.  The 7,421.41would then be multiplied by  the LeaseRates as outlined in Paragraph 4 for the appropriate years.  Accepting the Finished Space at 7,421.41square feet, the unfinished space would then be 1,780.59 square feet, whichwould then be multiplied by the Lease Rates outlined in Paragraph 4 for theappropriate years.

3.        Paragraph10:

a.         Total Tenant Improvement Allowanceshall be $111,321.20 based upon the Finished Space calculation in Paragraph 4.

b.                         TheLessor shall pay the difference for extending the roofline from the  standard drip line to accommodate thedrive-thru.  Also, Lessor shall pay  for any and all costs directly associatedwith the construction of the drive-thru.

4.        Paragraph11:

a.                          Shall berevised to read “... Lessee agrees to be responsible for interior maintenance ofits leased Premises and all glass, interior electrical, and plumbing (after oneyear standard warranty period)., and liability and personal property insurancefor Lessee’s leased space.

b.        CAM charges shall also include a proratachange for property insurance including replacement costs fore Lessee’s realproperty improvements.

 
| In witness whereof, the parties hereto have executed this Amendment  to this Lease: |                 |
|-------------------------------------------------------------------------------------|----------------------|
|                                                                                |                 |
| Landlord:                                                                           | Tenant:              |
| /s/ Douglas Clemetson                                                               | /s/ Hal Giomi        |
| Douglas Clemetson, Member                                                           | Nevada Security Bank |
| 4-24-02                                                                             | 4-22-02              |
| Date                                                                                | Date                 |
|                                                                                     |                      |  |

 

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[SOUTH MEADOW: Area Calculations chart]

 

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[GROUND FLOOR TENANT AREAS MAP]

 

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### **ASSIGNMENTOF LEASE**

### ** **

For good and valuable consideration, receipt of which is herebyacknowledged, NEVADA SECURITY BANK , as Tenant, RENO 26, LLC as Landlord, andRR BOULEVARD INVESTMENTS, LLC as Assignee, hereby agree to the followingassignment of Lease:

 

Landlord hereby assigns, transfers and conveys to Assignee all hisrights and interests under a certain Lease dated October 2, 2001 (“Lease”)by and between the Tenant and Landlord for the premises described withinParagraph 1 of aforementioned Lease.

 

This assignment shall remain in full force and effect fromSeptember 1, 2002 for all of the remainder of the lease term, subject toall conditions, including payment of rents, all covenants, conditions and termsof the Lease.

 

The Tenant’s assent to the assignment of said Lease shall not dischargeLandlord of its obligations under the Lease in the event of breach by theAssignee.

 

The mailing address for RR Boulevard Investments, LLC is as follows:

 

5310 Kietzke Lane

Suite 204

Reno, NV 89511

 

This agreement shall inure to be benefit of and be binding on theparties hereto, their heirs, successors and assigns.

 
| Dated:                             | 5/15/02                 |   |
|-----------------------------------------|-------------------------|--------|
|                                    |
|                                    |
|                                    |                    |   |
| By:                                     |  Jack Buchold, CFO |   |
| Nevada Security Bank, Tenant            |
|                                    |
|                                    |
|                                    |                    |   |
| By:                                     | Douglas C. Clemetson    |   |
| RR Boulevard Investments, LLC, Assignee |
|                                    |
|                                    |
|                                    |                    |   |
| By:                                     | Douglas C. Clemetson    |   |
| Reno 26, LLC, Landlord                  |
|                                         |                         |        |  |  |

 

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