**Exhibit 10.29**

 

LEASE MODIFICATION AGREEMENT

 

THISAGREEMENT made this  26th  day of  February , 2005 between PEYTONBULDING, LLC, a Washington limited liability Corporation as “Lessor” and DATAMARK, Inc.,a Utah corporation, as “Lessee”.

 

WITNESSETH:

 

WHEREAS,by that certain lease dated the 30th day of February, 2002,hereinafter referred to as the said Lease, between PACIFIC SECURITYFINANCIAL, INC., a Washington Corporation as Lessor, such interesthaving subsequently been assigned to PEYTON BUILDING, LLC, and DATAMARK, INC.,a Utah corporation as Lessee, Suite #400 containingapproximately 4,865 usable square feet at the address commonly known as10 N. Post, Spokane Washington and is as described on the original lease **was leased by Lessor to Lessee.**

 

NOW,THEREFORE, in consideration of the mutual covenants and agreements hereincontained, the parties hereto do hereby covenant and agree as follows:

 

FIRST:    Lessor and Lessee have agreed to expand **the Lease to include** the adjacent Suite #425 containingapproximately 2,246 useable square feet (as marked in Exhibit B) and 2,583rentable square feet. Suite #400 and #425 combined shall have 7,111 useablesquare feet and 8,178 rentable square feet.

 

SECOND:               Lessor and Lessee agree a new lease term forboth Suites #400 and #425 for FIVE (5) YEARS AND zero (0) monthswill commence no later than May 9, 2005 and terminate May 8,2010. This new term shall replace **Paragraph** the *#3Term* termination date of November 30, 2007 from theoriginal Lease dated July 30, 2002. If earlier occupancy occurs for Suite #425,the commencement date shall be modified to reflect earlier occupancy and theincreased rental shall start from that earlier date. The Tenant improvementsrequested by Lessee in existing Suite #400 shall be completed no laterthan June 20, 2005.

 

THIRD:                  Lessor and Lessee agree that the rental ratesspecified in Paragraph *#4Rent*of theLease dated November 30, 2007 shall be modified to reflect both suites#400 and #425 as follows:

 

•      Year 1             $8,792.62 per month

•      Year 2             $9,056.41 per month

•      Year 3             $9,328.10 per month

•      Year 4             $9,607.94 per month

•      Year 5             $9,896.18 per month

 

FOURTH:              Lessor agrees to complete and pay for thefollowing tenant improvements prior to occupancy:

 

•      $115,242.19 in total building and tenant improvementcosts as broken down and specified on the attached “Exhibit A”construction summary by Construction Associates dated January 18, 2005.

 

•      Build as per attached Exhibit B Plan ofapproved tenant improvements.

 

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•      Lessee agrees to pay any tenant requesteditems above and beyond the items specified above directly to ConstructionAssociates and Lessor has no further obligation on those items.

 

FIFTH:                   Paragraph #18 *Notices*shall be amended to reflect the new Lessor notice address of

Peyton Building, LLC

c/o Kiemle & Hagood Company

601 W. Main

Spokane, WA 99201 or any such address that Lessor may inthe future provide to

Lessee in writing

 

SIXTH:                   Lessor shall supply Lessee with one parkingstall in addition to the parking stall specified in Paragraph #41*Parking*. This new stall shall not be in the Davenport butin another acceptable garage within an acceptable walking distance.

 

SEVENTH:             Paragraph #42 *Early Termination*shall become null and void.

 

EIGHTH:                The *Option to Review*noted in Paragraph #43 shall remain but be applicable to both suites #400 and#425 together. If Lessor and Lessee are unable to agree upon a mutuallyagreeable rental rate by sixty (60) days prior to the expiration of theexisting Lease Term, such Option to Renew shall become null and void.

 

NINTH:                  That except as herein modified, all the termsand conditions of said Lease dated July 30, 2002 shall be the same andremain in full force and effect.

 

TENTH:                 Each and all of the covenants, terms,agreements and obligations of this Lease Modification Agreement shall extend toand bind and inure to the benefit of the heirs, personal representatives andsuccessors and/or assigns of Lessor and to the successors and/or assigns of theLessee.

 

IN WITNESS WHEREOF, the parties hereto have executedthis agreement the day and year first above written.

 
| LESSOR:                                    | LESSEE:             |
|--------------------------------------------|---------------------|
| Peyton Building LLC                        | Datamark, Inc. |
| A Washington limited liability corporation | a Utah corporation  |
|                                       |                |
| BY:                                        | /s/ David Johnston  |   | BY: | /s/ Tom Dearden |   |
|                                       | David Johnston      | Tom Dearden, COO |
| ITS:                                       | Managing Member     |   |
|                                            |                     |  |  |  |  |

 

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**LESSOR’S ACKNOWLEDGEMENT**

 
| STATE OF WASHINGTON | )     |
|---------------------|-------|
|                | ) ss. |
| County of           | )     |

 

I certify that I know or have satisfactory evidencethat David Johnston known to be an authorized Managing Partner of PeytonBuilding LLC, is the person who appeared before me, and said personacknowledged that he signed this instrument, on oath stated that he wasauthorized to execute the instrument and acknowledged it, as the free andvoluntary act of such entity for the uses and purposes mentioned in the instrument.

 
| DATED:                                  ,  2005    . BY: |                                     |   |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------|--------|
|                                                                                                                                                                                                                                                   |                                     |
|                                                                                                                                                                                                                                                   |                                     |
|                                                                                                                                                                                                                                                   |  NOTARY PUBLIC in and for the State |
|                                                                                                                                                                                                                                                   |  of Washington residing at          |
|                                                                                                                                                                                                                                                   | My appointment expires:                  |
|                                                                                                                                                                                                                                                        |                                          |        |  |

 

**LESSEE’S ACKNOWLEDGEMENT(CORPORATE)**

 
| STATE OF  | )     |
|-----------|-------|
|      | ) ss. |
| County of | )     |

 

I certify that I know or have satisfactory evidencethat Tom Dearden signed this instrument, on oath stated that heis authorized to execute the instrument and acknowledged it as the ChiefOperating Officer of Datamark, Inc., a Utah Corporation, to bethe free and voluntary act of such party for the uses and purposes mentioned inthe instrument.

 
|   | DATED:                        |   |   |
|--------|-------------------------------|--------|--------|
|   |                          |
|   |                          |   |
|   | Notary Public in and for said |
|   | County and State,             |
|   | Residing at                   |   |   |
|   | My Appointment Expires:       |   |   |
|        |                               |        |        |  |  |

 

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