Exhibit 10.16


 


LEASE


 


THIS LEASE is made and entered into effective
the 15th day of June, 2001, by and between Za’hav, LLC, a Colorado limited
liability company (the “Landlord”) and First Capital Bank of Arizona, an
Arizona corporation (the “Tenant”), who hereby mutually covenant and agree as
follows:


 


I.                                                                                         PREMISES
AND TERM


 


1.1                                 Demise,
Term and Commencement.  Landlord,
for and in consideration of the rents herein reserved and of the covenants and
agreements herein contained on the part of the Tenant herein to be kept,
observed, and performed, demises and leases to the Tenant the real property
situated in the County of Maricopa, State of Arizona, legally described on the
Exhibit A attached hereto and incorporated herein by this reference, and
commonly known and numbered as 12775 West Bell Road, Surprise, Arizona 85374 to
have and to hold the Premises, together with the buildings and improvements
situated thereon and the rights, privileges and appurtenances thereto belonging
or appertaining (collectively hereinafter referred to as the “Leased Premises”)
unto Tenant for and during a term of fifteen (15) years and one-half month
commencing on June 15, 2001 and expiring on June 30, 2016.


 


1.2                                 Condition
of the Leased Premises.  Tenant
accepts the Leased Premises in their “AS IS, WHERE IS” condition and
acknowledges that Landlord has made no representations or warranties of any
nature whatsoever as to the suitability of the Leased Premises for the purpose
set forth in Section 2.1.


 


II.                                                                                     PURPOSE


 


2.1                                 Purpose.  The Leased Premises shall be used and
occupied only for the purpose of a bank and related drive-through facility.


 


2.2                                 Uses
Prohibited.  Tenant shall not permit
the Leased Premises to be used in any manner which would render the insurance
thereon void.  Tenant shall not use or
occupy the Leased Premises, or permit the Leased Premises to be used or
occupied contrary to any statute, rule, order, ordinance, requirement, or
regulation applicable thereto; or in any manner which would violate any
certificate of occupancy affecting the same, or which would cause structural
injury to the improvements or cause the value or usefulness of the Leased
Premises or any part thereof to diminish, or would constitute a public or
private nuisance or waste.


 


III.                                                                                 RENT


 


3.1                                 Rent.  Tenant shall pay to Landlord, as rent (“Base
Rent”) for the Leased Premises, at such place or places as Landlord may
designate in writing from time to time, in the total amount of $1,895,531.64,
payable monthly in advance on or before the first day of each month in the
following installments:


 


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  6/15/01 - 6/30/01:

  	
   

  	
  $

  	
  4,355.56

  
	
  7/1/01 - 6/30/02:

  	
   

  	
  $

  	
  8,166.67  per month

  
	
  7/1/02 - 6/30/03:

  	
   

  	
  $

  	
  8,452.50  per month

  
	
  7/1/03 - 6/30/04:

  	
   

  	
  $

  	
  8,748.33  per month

  
	
  7/1/04 - 6/30/05:

  	
   

  	
  $

  	
  9,054.50  per month

  
	
  7/1/05 - 6/30/06:

  	
   

  	
  $

  	
  9,371.42  per month

  
	
  7/1/06 - 6/30/07:

  	
   

  	
  $

  	
  9,699.42  per month

  
	
  7/1/07 - 6/30/08:

  	
   

  	
  $

  	
  10,038.92  per month

  
	
  7/1/08 - 6/30/09:

  	
   

  	
  $

  	
  10,390.25  per month

  
	
  7/1/09 - 6/30/10:

  	
   

  	
  $

  	
  10,753.92  per month

  
	
  7/1/10 - 6/30/11:

  	
   

  	
  $

  	
  11,130.33  per month

  
	
  7/1/11 - 6/30/12:

  	
   

  	
  $

  	
  11,519.92  per month

  
	
  7/1/12 - 6/30/13:

  	
   

  	
  $

  	
  11,923.08  per month

  
	
  7/1/13 - 6/30/14:

  	
   

  	
  $

  	
  12,340.42  per month

  
	
  7/1/14 - 6/30/15:

  	
   

  	
  $

  	
  12,772.33  per month

  
	
  7/1/15 - 6/30/16:

  	
   

  	
  $

  	
  13,219.33  per month

  



 


All payments of rent shall be
made without deduction, set off, discount, or abatement and shall be made in
lawful money of the United States. 
Concurrently with the execution of this Lease, Tenant has paid to
Landlord, the receipt of which is hereby acknowledged by Landlord, the sum of
Four Thousand Three Hundred Fifty-Five and 56/100 ($4,355.56), to be applied
against payment of the rent from June 15, 2001 through June 30, 2001.


 


3.2                                 Late
Charges.  Each and every installment
of rent, and each and every payment of other charges hereunder, which is not
paid within ten (10) days of when it is due, shall be assessed a late charge
which amount shall be the greater of (i) Five Hundred Dollars ($500.00), or
(ii) the amount which is equal to interest at the rate of eighteen percent
(18%) per annum from the date when the same is payable under the terms of this
Lease until the same shall be paid.


 


IV.                                                                                IMPOSITIONS


 


4.1                                 Payment
by Tenant.  Tenant shall pay to
Landlord as additional rent for the Leased Premises all taxes and assessments,
general and special, water and sewer charges and all other impositions,
ordinary and extraordinary, of every kind and nature whatsoever, which may be
levied, assessed, or imposed upon the Leased Premises or upon any improvements
or personal property at any time situated thereon, including, but not limited
to all of the personal property taxes and real property taxes (the
“Impositions”).  Notwithstanding
anything herein to the contrary, Tenant’s obligations under this Section 4.1
shall include the Tenant paying all of the real property taxes for 2001;
provided, however, that Landlord shall make available to Tenant any amount of
Impositions held by Landlord in connection with the acquisition of the Leased
Premises.  All Impositions shall be paid
by Tenant to Landlord within twenty (20) days after Landlord bills Tenant
therefor or, at Landlord’s election, in monthly installments each of which
shall be equal to one-twelfth (1/12) of the estimated


 


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annual real property taxes and assessments pertaining to the Premises,
to be held by Landlord and disbursed by Landlord to pay the taxes before any
penalty or interest shall accrue thereon. 
Estimates are to be made solely by Landlord and payments shall be made
on the first day of the month; provided, however that no escrow shall be
required for as long as the Tenant is the occupant of the Leased Premises
unless (i) Landlord is required to escrow taxes by any lender who holds a deed
of trust or mortgage against the Leased Premises, or (ii) Tenant is in default
under this Lease.  No interest shall be
payable by Landlord on the tax escrow unless, and then only to the extent that,
applicable law shall otherwise require. 
All overpayments to the tax escrow account shall be applied to reduce
future payments to the tax escrow account, if any, or shall be returned to
Tenant, at the sole discretion of Landlord unless otherwise required by other
applicable law.


 


4.2                                 Alternative
Taxes.  If, at any time during the
term of this Lease, the method of taxation prevailing at the commencement of
the term hereof shall be altered so that any new tax, assessment, levy,
imposition, or charge, or any part thereof, shall be measured by or be based in
whole or in part upon the Lease, the Leased Premises, the real estate, the
rent, additional rent, or other income therefrom and shall be imposed upon
Landlord, then all such taxes, assessments, levies, impositions, or charges, or
the part thereof, to the extent that they are so measured or based, shall be
deemed to be included within the meaning of “Impositions” for the purposes
hereof, to the extent that such Impositions would be payable if the Leased
Premises were the only property of Landlord subject to such Impositions as so
defined.  There shall be excluded from
Impositions all municipal, county, state, or federal income taxes, federal
excess profit taxes, franchise, capital stock, and federal or estate
inheritance taxes of Landlord.


 


V.                                                                                    INSURANCE


 


5.1                                 Tenant’s
Insurance.  As additional rent for
the Leased Premises, Tenant further agrees to provide commercial general
liability insurance with bodily injury limits of not less than $1,000,000.00
per each occurrence and a general aggregate of $2,000,000.00, written with a
company having a Best’s key rating of A- or better and a financial size
category of class 10 or better, with deductibles in such amounts as specified
by Landlord in Landlord’s reasonable discretion, and shall name Landlord or its
assigns under said insurance policy as additional insureds.  Tenant shall furnish to Landlord a
certificate of insurance indicating that said policy is in full force and
effect, that Landlord has been named as an additional insured and that said
policy will not be cancelled or materially changed unless thirty (30) days’
prior written notice of the proposed cancellation or material change has been
given to Landlord.  Tenant shall be
responsible for insuring its own personal property.


 


5.2                                 Landlord’s
Insurance.  Landlord shall keep the
Leased Premises insured for the replacement cost of the building on the


 


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insurance industry “special” form of insurance coverage and lost rents,
and at Landlord’s option, insurance for liability, earthquake, and flood.  As additional rent, Tenant shall pay the
cost of the premiums for the said insurance within twenty (20) days after
Landlord bills Tenant therefor or, at Landlord’s election, Tenant shall pay to
Landlord monthly installments each of which shall be equal to one-twelfth
(1/12) of the estimated annual premiums for the said insurance, to be held by
Landlord and disbursed by Landlord to pay the insurance premiums as they become
due; provided, however that no escrow shall be required for as long as the
Tenant is the occupant of the Leased Premises unless (i) Landlord is required
to escrow insurance premiums by any lender who holds a deed of trust or
mortgage against the Leased Premises, or (ii) Tenant is in default under this
Lease.  Estimates are to be made solely
by Landlord and payments shall be made on the first day of the month or such
other day of the month designated by Landlord. No interest shall be payable by
Landlord on the insurance escrow unless, and then only to the extent that,
applicable law shall otherwise require. 
All overpayments to the insurance escrow account shall be applied to
reduce future payments to the insurance escrow account, if any, or shall be
returned to Tenant, at the sole discretion of Landlord unless otherwise
required by other applicable law.


 


5.3                                 Mutual
Waiver of Subrogation Rights. 
Whenever (a) any loss, cost, damage, or expense resulting from fire,
explosion, or any other casualty or occurrence is incurred by either of the
parties to this Lease, or anyone claiming by, through, or under it in
connection with the Leased Premises, and (b) such party is then covered in
whole or in part by insurance with respect to such loss, cost, damage, or
expense or required under this Lease to be so insured, then the party so
insured (or so required) hereby releases the other party from any liability
said other party may have on account of such loss, cost, damage, or expense to
the extent of any amount recovered by reason of such insurance (or which could
have been recovered had such insurance been carried as so required) and waives
any right of subrogation which might otherwise exist in or accrue to any person
on account thereof.  Notwithstanding
anything herein to the contrary, each party shall remain fully liable for the
payment of deductibles under their respective insurance policies.


 


VI.                                                                                DAMAGE
OR DESTRUCTION


 


6.1                                 Replacement of
Building.  In the event the Leased
Premises or a portion thereof shall become untenantable on account of damage by
fire, act of God, or other casualty, Landlord shall be given the option to
correct the deficiency or condition which shall render the Leased Premises
untenantable.  Landlord shall have one
hundred eighty (180) days from the date of its notice to Tenant to effect such
repairs; provided, however, the said time period may be extended if there is an
event of force majeure.  During the
period from Landlord’s receipt of notice from Tenant of damage to the Leased
Premises until the Leased Premises are restored to their


 


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prior condition and possession thereof given
to Tenant, the rent shall abate upon the portion of the Leased Premises that is
untenantable, except that if the Leased Premises become untenantable due to the
actions of the Tenant or its agents, employees or invitees, the rent shall
continue in full force and effect and shall not abate.  Landlord shall not in any case be liable for
any loss of profits or income occasioned to Tenant during such period.  In the event said repair has not been
completed within the period specified, then Tenant may have the option to
cancel this Lease.  If either the
Landlord or the Tenant terminates this Lease as above provided in this section,
any monies due and owing to the Landlord at that date shall be paid by the
Tenant to the date that Tenant vacates the Leased Premises, and all further
obligations on the part of both parties hereto shall cease and Landlord shall
incur no obligation whatsoever from the termination of this Lease.


 


VII.                                                                            CONDEMNATION


 


7.1                                 Taking of Whole.  If the whole of the Leased Premises shall be
taken or condemned for a public or quasi-public use or purpose by a competent
authority, or if such a portion of the Leased Premises shall be so taken that
as a result thereof the balance cannot be used for the same purpose as
expressed in Article II, then in either of such events, this Lease shall
terminate upon delivery of possession to the condemning authority, and any
award, compensation, or damages (hereinafter sometimes called the “Award”),
shall be paid to and be the sole property of Landlord, but nothing herein shall
preclude Tenant from claiming and recovering from the condemning authority, but
not from the Landlord, such compensation as may be separately awarded or
recoverable by Tenant in Tenant’s own right on account of any and all damage to
Tenant’s business by reason of the condemnation and for or on account of any
cost or loss to which Tenant might be put in removing Tenant’s merchandise,
furniture, fixtures, leasehold improvements and equipment.  Tenant shall continue to pay rent until the
Lease is terminated, and any Impositions prepaid by Tenant shall be adjusted
between the parties.


 


7.2                                 Partial Taking.  If only a part of the Leased Premises shall
be so taken or condemned, and, as a result thereof, the balance of the Leased
Premises can be used for the same purpose as expressed in Article II, this
Lease shall not terminate, and Tenant shall repair and restore the Leased
Premises and all improvements thereon at the sole cost and expense of the Tenant;
provided, however, that Landlord shall pay to Tenant, after the Leased Premises
have been repaired and restored, such portion of the Award which has been
specifically allocated for and has been paid to Landlord by the condemning
authority for the repair and restoration of the Leased Premises.  Rent shall be equitably abated following
such taking.  Any Award shall be paid to
and be the sole property of Landlord, but nothing herein shall preclude Tenant
from claiming and recovering from the condemning authority, but not from the
Landlord, such compensation as may be separately awarded or


 


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recoverable by Tenant in Tenant’s own right
on account of any and all damage to Tenant’s business by reason of the condemnation
and for or on account of any cost or loss to which Tenant might be put in
removing Tenant’s merchandise, furniture, fixtures, leasehold improvements and
equipment.  Notwithstanding anything
herein to the contrary, Tenant shall have the right to terminate this Lease if
the partial taking results in there being inadequate parking for the Leased
Premises or the drive thru facilities are taken.


 


VIII.                                                                        MAINTENANCE
AND ALTERATIONS


 


8.1                                 Maintenance.  Tenant shall keep and maintain the parking
lot (including re-striping and re-surfacing as necessary) and landscaping on
the Leased Premises in good order and repair. 
Tenant shall also keep and maintain the balance of the exterior and
entire interior of the Leased Premises including, without limitation, the roof,
exterior walls, electrical, heating, air conditioning systems, and other roof
mounted mechanical equipment, the sprinkler system, lighting fixtures, plumbing
fixtures, boilers and heating apparatus, pipes and conduits, pool and pool
equipment, fire and burglar alarm systems, and personal property, in good
condition and repair including, without limitation, any necessary replacements,
necessary interior painting, window replacement of equal or better quality, and
maintaining and repairing exterior doors and the foundation.  Tenant shall enter into a preventative
maintenance agreement for the HVAC units located on the Leased Premises
providing for quarterly maintenance, Tenant shall pay for such preventative
maintenance agreement as additional rent, and Tenant shall promptly deliver to
Landlord a fully executed copy of the said preventative maintenance
agreement.  Tenant shall, to the extent
possible, keep the Leased Premises from falling temporarily out of repair or
deteriorating.  Tenant shall fully comply
with all health and police regulations in force, and shall conform with the
rules and regulations of fire underwriters or their fire protection
engineers.  Tenant shall promptly remove
any debris left in the parking area or other exterior areas of the Leased
Premises by Tenant, its employees, agents, contractors or invitees.  Notwithstanding anything herein to the
contrary, Landlord shall be responsible for the maintenance and repair of the
foundation and structural walls; provided, however, that Landlord shall not be
responsible for the painting of the structural walls unless such painting is
necessary in connection with the maintenance and repair of the structural
walls.


 


8.2                                 Alterations.  Tenant shall not create any openings in the
roof or exterior walls, nor shall Tenant make any alterations or additions to
the Leased Premises without the prior written consent of the Landlord, which
consent shall not be unreasonably withheld. 
In the event of an improvement or alteration, Landlord shall have the
right to determine (at the time such approval is given) whether it shall be
left or removed at the expiration or termination of the Lease, except as
required by any governmental authority. 
Tenant shall be responsible to make all additions, improvements,
alterations, and repairs on the Leased Premises and


 


6

















 


on and to the appurtenances and equipment thereof, required by any
governmental authority or which may be made necessary by the act or neglect of
any person, firm or corporation, private or public, claiming by, through or
under Tenant.  Any improvement or
alteration shall be done in a good and workmanlike manner and in compliance
with all applicable permits and authorizations and building and zoning laws,
and with all other laws, ordinances, rules, regulations, and requirements of
all Federal, State, and municipal governments, departments, commissions,
boards, and officers, and in accordance with the orders, rules, and regulations
of the National Board of Fire Underwriters or any other body exercising similar
functions.  Upon completion of any work
by or on behalf of Tenant, the Tenant shall provide Landlord with such
documents as Landlord may require (including, without limitation, sworn
contractor’s statements and supporting lien waivers) evidencing payment in full
for such work. Tenant shall provide Landlord with sufficient advance written
notice of the commencement of any work which may result in a mechanic’s or
materialman’s lien against the Leased Premises so that the Landlord can post
sufficient notices of non-liability. Tenant shall be responsible to make all
alterations so that the Leased Premises are in full compliance with the
Americans with Disabilities Act.


 


IX.                                                                                ASSIGNMENT
AND SUBLETTING


 


9.1                                 Consent
Required.  Tenant shall not, without
Landlord’s prior written consent, which consent shall not be unreasonably
withheld, (a) assign, convey, or mortgage this Lease or any interest under it;
(b) allow any transfer thereof or any lien upon Tenant’s interest by operation
of law; (c) sublet the Leased Premises or any part thereof; or (d) permit the
use or occupancy of the Leased Premises or any part thereof by anyone other
than Tenant.  No permitted assignment or
subletting shall relieve Tenant of Tenant’s covenants and agreements hereunder,
and Tenant shall continue to be liable as a principal and not as a guarantor or
surety, to the same extent as though no assignment or subletting had been made.


 


9.2                                 Successors and
Assigns.  Except as so restricted
elsewhere in this Lease, the obligations and rights under this Lease shall be
binding upon and inure to the benefit of the heirs, administrators, executors,
successors and assigns of the parties; provided, however, that any assignment
or subletting by the Tenant in violation of the terms of this Lease shall not
vest any rights whatsoever in the assignee or subtenant.


 


X.                                                                                    LIENS
AND ENCUMBRANCES


 


10.1                           Encumbering Title.  Tenant shall not do any act which shall in
any way encumber the title of Landlord in and to the Leased Premises, nor shall
the interest or estate of Landlord in the Leased Premises be in any way subject
to any claim by way of lien or encumbrance, whether by operation of law or by
virtue of any express or implied contract by Tenant.  Any claim to, or lien


 


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upon, the Leased Premises arising from any
act or omission of Tenant shall accrue only against the leasehold estate of
Tenant and shall be subject and subordinate to the paramount title and rights
of Landlord in and to the Leased Premises.


 


10.2                           Liens
and Right to Contest.  Tenant shall
not permit the Leased Premises to become subject to any mechanics’, laborers’,
or materialmen’s lien on account of labor or materials furnished to Tenant or
claimed to have been furnished to Tenant in connection with work of any
character performed or claimed to have been performed on the Leased Premises
by, or at the direction or sufferance of, Tenant; provided, however, that the
Tenant shall have the right to contest in good faith and with reasonable
diligence the validity of any such lien or claimed lien, if Tenant shall give
to Landlord such security as may be deemed to be satisfactory to Landlord to
insure payment thereof and to prevent any sale, foreclosure, or forfeiture of
the Leased Premises by reason of non-payment thereof; provided further,
however, that on final determination of the lien or claim for lien, Tenant
shall immediately pay any judgment rendered, with all proper costs and charges,
and shall have the lien released and judgment satisfied.


 


XI.                                                                                UTILITIES


 


11.1                           Utilities.  Tenant shall purchase all utility services,
including but not limited to fuel, water, sewer and electricity from the
utility or municipality providing such service, and shall pay for such services
when such payments are due.  If such
utilities are not billed directly to Tenant but are billed to Landlord, Tenant
shall reimburse Landlord, as additional rent, within twenty (20) days after
Landlord bills Tenant therefor.


 


XII.                                                                            INDEMNITY
AND WAIVER


 


12.1                           Indemnity.  Tenant shall protect, indemnify and save
harmless Landlord from and against all liabilities, obligations, claims,
damages, penalties, causes of action, claims for relief, costs and expenses
(including, without limitation, reasonable attorneys’ fees and expenses)
imposed upon or incurred by or asserted against Landlord by reason of (a) any
accident, injury to, or death of persons or loss of or damage to property
occurring on or about the Leased Premises or resulting from any act or omission
of Tenant or anyone claiming by, through, or under Tenant; (b) any failure on
the part of Tenant to perform or comply with any of the terms of this Lease; or
(c) performance of any labor or services or the furnishing of any materials or
other property in respect of the Leased Premises or any part thereof.  In case any action, suit, or proceeding is
brought against Landlord by reason of any such occurrence, Tenant will, at
Tenant’s expense, resist and defend such action, suit, or proceeding, or cause
the same to be resisted and defended by counsel approved by Landlord.  Notwithstanding anything herein to the
contrary, Landlord shall protect, indemnify and save harmless Tenant from and
against all liabilities, obligations, claims, damages, penalties, causes of
action, claims


 


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for relief, costs and expenses (including, without limitation,
reasonable attorneys’ fees and expenses) imposed upon or incurred by or
asserted against Tenant by reason of Landlord’s gross negligence or intentional
torts.


 


12.2                           Waiver of Certain Claims.  Tenant waives all claims it may have against
Landlord for damage or injury to person or property sustained by Tenant or any
persons claiming through Tenant or by any occupant of the Leased Premises, or
by any other person, resulting from any part of the Leased Premises or any of
its improvements, equipment, or appurtenances becoming out of repair, or
resulting directly or indirectly from any act or neglect of any tenant or
occupant of any part of the Leased Premises or of any other person, including
Landlord to the extent permitted by law. 
This Section shall include, but not by way of limitation, damage caused
by water, snow, frost, steam, excessive heat or cold, sewage, gas, odors, or
noise, or caused by bursting or leaking of pipes or plumbing fixtures, and
shall apply equally whether any such damage results from the act or neglect of
Tenant or of other tenants, or occupants of any part of the Leased Premises or
of any other person, including Landlord to the extent permitted by law, and
whether such damage be caused by or result from any thing or circumstance above
mentioned or referred to, or to any other thing or circumstance whether of a
like nature or of a wholly different nature.  All personal property belonging to Tenant or any occupant of the
Leased Premises that is in or on any part of the Leased Premises shall be there
at the risk of the Tenant or of such other person only, and Landlord shall not
be liable for any damage thereto or for the theft or misappropriation
thereof.  Notwithstanding anything
herein to the contrary, Tenant does not waive any claims against Landlord which
are due to Landlord’s gross negligence or intentional torts.


 


XIII.                                                                        RIGHTS
RESERVED TO LANDLORD


 


13.1                           Rights
Reserved to Landlord.  Without
limiting any other rights reserved or available to Landlord under this Lease,
at law or in equity, Landlord, on behalf of itself and its agents reserves the
following rights to be exercised at Landlord’s election:


 


(a)                                  To
enter the Leased Premises with reasonable frequency during business hours upon
a minimum of 24 hours notice (or at any time during an emergency) for the
purpose of inspecting the same, and making necessary repairs in the event that
such repairs are not made by Tenant as per the terms of this Lease.


 


(b)                                 Upon
24 hours notice to Tenant, to show the Leased Premises to prospective
purchasers, mortgagees, or other persons having a legitimate interest in
viewing the same, and, at any time during the year prior to expiration of this
Lease, to persons wishing to lease the Leased Premises.


 


(c)                                  During
the last year of the Lease term, to place and maintain “For Rent” or “For Sale”
signs in or on the Leased


 


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Premises.


 


Landlord may enter upon the
Leased Premises for any and all of said purposes and may exercise any and all
of the foregoing rights hereby reserved without being deemed guilty of any
eviction or disturbance of Tenant’s use or possession of the Leased Premises,
and without being liable in any manner to Tenant.  Notwithstanding anything herein to the contrary, provided that
there has been no default under this Lease and provided further that Tenant is
the then tenant under this Lease, Landlord agrees that it will not place a sign
on the Lease Premises unless Tenant (i) ceased its business operations at the
Leased Premises, or (ii) has announced or placed a sign on the Leased Premises
announcing that it is moving to another location.


 


XIV.                                                                       QUIET
ENJOYMENT


 


14.1                           Quiet Enjoyment.  So long as Tenant is not in default under
the covenants and agreements of this Lease, Tenant’s quiet and peaceable
enjoyment of the Leased Premises shall not be disturbed or interfered with by
Landlord or by any person claiming by, through, or under Landlord.


 


XV.                                                                           SUBORDINATION
OR SUPERIORITY


 


15.1                           Subordination or
Superiority.  The rights and
interest of Tenant under this Lease shall be subject and subordinate to any
mortgage or deed of trust that hereafter may be placed upon the Leased Premises
by Landlord and to any and all advances to be made thereunder, and to the
interest thereof, if the mortgagee or trustee named in said mortgage or deed of
trust shall elect to subject and subordinate the rights and interest of Tenant
under this Lease to the lien of its mortgage or deed of trust and shall agree
to recognize this Lease in the event of foreclosure if Tenant is not in default
(which agreement may, at such mortgagee’s option, require attornment by
Tenant).  Any such mortgagee or trustee
may elect to give the rights and interest of Tenant under this Lease priority
over the lien of its mortgage or deed of trust.  In the event of each such election and upon notification by such
mortgagee or trustee to Tenant to that effect, the rights and interest of
Tenant under this Lease shall be deemed to be subordinate to, or have priority
over, as the case may be, the lien of said mortgage or deed of trust, whether
this Lease is dated prior to or subsequent to the date of said mortgage or deed
of trust.  Tenant shall execute and
deliver whatever instruments may be required for such purposes, and in the
event Tenant fails to do so within ten (10) days after demand in writing,
Tenant does hereby make, constitute, and irrevocably appoint Landlord as its
attorney in fact and in its name, place, and stead to do so.


 


10

















 


XVI.                                                                       SURRENDER


 


16.1                           Surrender.  Upon the termination of this Lease, whether
by forfeiture, lapse of time, or otherwise, or upon the termination of Tenant’s
right to possession of the Leased Premises, Tenant shall at once surrender and
deliver up the Leased Premises, together will all improvements thereon, to
Landlord in good condition and repair, reasonable wear and tear and loss by
fire or other casualty excepted. Said improvements shall include all plumbing,
lighting, electrical, heating, cooling and ventilating fixtures and equipment,
and other articles of personal property used in the operation of the Leased
Premises.  All additions, hardware, and
all improvements, temporary or permanent, in or upon the Leased Premises placed
there by Tenant shall become Landlord’s property and shall remain upon the
Leased Premises upon such termination of this Lease.   If Landlord so requests removal of said additions, hardware, and
improvements as provided for in Section 8.2 of this Lease, and Tenant does not
make such removal at said termination of this Lease, Landlord may remove and
deliver the same to any other place of business of Tenant or warehouse the
same, and Tenant shall pay the cost of such removal, delivery, and warehousing
to Landlord on demand.


 


16.2                           Removal
of Tenant’s Property.  Upon the
termination of this Lease by lapse of time, Tenant shall remove Tenant’s
property provided, however, that Tenant shall repair any injury or damage to
the Leased Premises which may result from removals.  Notwithstanding anything herein to the contrary, the vault shall
not be removed by Tenant upon the expiration or termination of this Lease and
the vault shall be deemed to be the property of Landlord; provided, however,
that the safety deposit boxes located in the vault shall be removed by Tenant
as Tenant’s property.  If Tenant does
not remove Tenant’s property from the Leased Premises prior to the end of the term,
however ended, Landlord may, at its option, remove the same and deliver the
same to any other place of business of Tenant or warehouse the same, and Tenant
shall pay the cost of such removal (including the repair of any injury or
damage to the Leased Premises resulting from such removal), delivery and
warehousing to Landlord on demand, or Landlord may treat such property as
having been conveyed to Landlord with this Lease as a Bill of Sale, without
further payment or credit by Landlord or Tenant.


 


16.3                           Holding
Over.  If after the expiration of
the term of this Lease, Tenant shall remain in possession of the Leased
Premises and continue to pay rent without any express written agreement as to
such holding over, then such holding over shall be deemed and taken to be a
holding over upon a tenancy from month to month at a monthly rental equivalent
to one hundred twenty-five percent (125%) of the minimum rental hereinabove set
forth for the last year of this Lease, such payments to be made as hereinabove
provided.  In the event of such holding
over, all the terms of this Lease as herein set out are to remain in full force
and effect on said month to month basis.


 


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XVII.                                                                   REMEDIES


 


17.1                           Defaults.  Tenant agrees that any one or more of the
following events shall be considered an event of default as said term is used
herein:


 


(a)                                  Tenant
shall be adjudged an involuntary bankrupt, or a decree or order approving, as
properly filed, a petition or answer filed against Tenant asking reorganization
of Tenant under the Federal bankruptcy laws as now or hereafter amended, or
under the laws of any state, shall be entered, and any such decree or judgment
or order shall not have been vacated or set aside within sixty (60) days from
the date of the entry or granting thereof; or


 


(b)                                 Tenant
shall file or admit the jurisdiction of the court and the material allegations
contained in any petition in bankruptcy or any petition pursuant or purporting
to be pursuant to the Federal bankruptcy laws as now or hereafter amended, or
Tenant shall institute any proceedings or shall give its consent to the
institution of any proceedings for any relief of Tenant under any bankruptcy or
insolvency laws or any laws relating to the relief of debtors, readjustment of
indebtedness, reorganization, arrangements, composition, or extension; or


 


(c)                                  Tenant
shall make any assignment for the benefit of creditors or shall apply for or
consent to the appointment of a receiver for Tenant or any of the property of
Tenant; or


 


(d)                                 The
Leased Premises are levied upon by any revenue officer or similar officer and
Tenant shall fail to contest the validity of the levy and give security to
Landlord to insure payment thereof, or having commenced to contest the same and
having given such security, shall fail to prosecute such contest with
diligence, or shall fail to have the same released and satisfy any judgment
rendered thereon, and such default continues for ten (10) days after notice
thereof in writing to Tenant; or


 


(e)                                  A
decree or order appointing a receiver of the property of Tenant shall be made,
and such decree or order shall not have been vacated or set aside within sixty
(60) days from the date of entry or granting thereof; or


 


(f)                                    Tenant
shall abandon the Leased Premises or vacate the same during the term hereof; or


 


(g)                                 Tenant
shall default in any payment of rent or in any other payment required to be
made by Tenant hereunder when due as herein provided, and such default shall
continue for seven (7) days after notice thereof in


 


12

















 


writing to
Tenant; provided, however, that the said seven (7) day period shall be deemed
to be three (3) days in the event that the Tenant assigns this Lease to a
person or entity who is either not owned by Tenant or a parent corporation of
Tenant; or


 


(h)                                 Tenant
shall fail to contest the validity of any lien or claimed lien and give
security to Landlord to insure payment thereof, or having commenced to contest
the same and having given such security, shall fail to prosecute such contest
with diligence, or shall fail to have the same released and satisfy any
judgment rendered thereon, and such default continues for ten (10) days after
notice thereof in writing to Tenant; or


 


(i)                                     Tenant
shall default in keeping, observing, or performing any of the other covenants
or agreements herein contained to be kept, observed, and performed by Tenant,
and such default shall continue for thirty (30) days after notice thereof in
writing to Tenant; or


 


(j)                                     Tenant
shall repeatedly be late in the payment of rent or other charges required to be
paid hereunder or shall repeatedly default in the keeping, observing, or
performing of any other covenants or agreements herein contained to be kept,
observed, or performed by Tenant (provided notice of such payment or other
defaults shall have been given to Tenant, but whether or not Tenant shall have
timely cured any such payment or other defaults of which notice was
given).  For purposes of this paragraph,
the term “repeatedly” shall mean three (3) times in any twelve (12) month
period.


 


The Tenant further covenants
and agrees that, if the rent above reserved, or any part thereof, shall be in
default, or in case of a breach of any of the covenants or agreements herein,
Landlord may declare this Lease terminated, and after the expiration of fifteen
(15) days from the date of receipt of service of a written notice to that
effect, be entitled to the possession of the Leased Premises, either by the
expiration of this Lease or by any termination of said term as herein provided
for.  If the Tenant shall refuse to
surrender and deliver up the possession of the Leased Premises, after the
service of said notice, then and in that event, the Landlord may, without
further notice or demand, enter into and upon said Leased Premises, or any part
thereof, and take possession thereof and repossess the same as of the
Landlord’s former estate, and expel, remove and put out of possession the
Tenant, using such help, assistance and force in so doing as may be needful and
proper, without being liable for prosecution or damages therefor, and without
prejudice to any remedy allowed by law available in such cases.


 


17.2                           Remedies Cumulative.  No remedy herein or otherwise conferred upon
or reserved to Landlord shall be considered to


 


13

















 


exclude or suspend any other remedy, but the
same shall be cumulative and shall be in addition to every other remedy given
hereunder, or now or hereafter existing at law or in equity or by statute, and
every power and remedy given by this Lease to Landlord may be exercised from
time to time and so often as occasion may arise or as may be deemed expedient.


 


17.3                           No
Waiver.  No delay or omission of
Landlord to exercise any right or power arising from any default shall impair
any such right or power or be construed to be a waiver of any such default or
any acquiescence therein.  No waiver of
any breach of any of the covenants of this Lease shall be construed, taken, or held
to be a waiver of any other breach, or as a waiver, acquiescence in, or consent
to any further or succeeding breach of the same covenant.  The acceptance by Landlord of any payment of
rent or other charges hereunder after the termination by Landlord of this Lease
or of Tenant’s right to possession hereunder shall not, in the absence of an
agreement in writing to the contrary by Landlord, be deemed to restore this
Lease or Tenant’s right to possession hereunder, as the case may be, but shall
be construed as a payment on account, and not in satisfaction of damages due
from Tenant to Landlord.


 


XVIII.                                                               COMPLIANCE
CLAUSE AND HAZARDOUS MATERIALS


 


18.1                           General Compliance Clause.  Tenant shall comply with all applicable
codes, ordinances and other governmental regulations regarding the use of the
Leased Premises.  Tenant shall install
any and all equipment in accordance with said codes, ordinances and
regulations.


 


18.2                           Definition of Terms.  The term “hazardous material” means (i) any
hazardous or toxic substance, material or waste including, but not limited to,
those substances, materials and waste listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. 172.101) or by the
Environmental Protection Agency as environmental substances (40 C.F.R. part
302) and amendments thereto and replacements therefor; or (ii) such substances,
materials or waste as are regulated by the Resource Conservation and Recovery
Act of 1986 or the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, and any amendments thereto or ordinances, regulations, directions
or requirements thereunder; or (iii) such hazardous or toxic substances,
materials or waste that are or may become regulated under any other applicable
county, municipal, state or federal law, rule, ordinance, direction or
regulation.  The term “claim” shall mean
any claim, demand, investigation, proceeding, action, suit, judgment, award,
fine, lien, loss, damage, expense, charge or cost of any kind or character and
liability (including Lessor’s reasonable attorneys’ fees and court costs).


 


18.3                           General Prohibition.  Tenant shall not use, generate, manufacture,
produce, store, transport, treat, dispose or


 


14

















 


permit the escape or release on, under, about
or from the Leased Premises, or any part thereof, of any hazardous
materials.  If Tenant’s permitted use
under this Lease requires the use and/or storage of any hazardous materials on,
under or about the Leased Premises, Tenant shall provide written notice to
Landlord, prior to final execution of this Lease, of the identity of such
materials and Tenant’s proposed plan for the use, storage, and disposal
thereof; such use, storage and disposal shall be subject to Landlord’s approval,
in Landlord’s sole and absolute discretion. 
If Landlord approves such proposed use, storage, and disposal of
specific hazardous materials, Tenant may use and store upon the Leased Premises
only such specifically approved materials and shall comply with any conditions
to such approval as Landlord may impose in its sole and absolute
discretion.  Landlord’s permission
hereunder may be withdrawn or modified at any time in Landlord’s reasonable
discretion.  Tenant shall fully and
promptly comply with all hazardous materials laws at all times during the term
of this Lease, and at the expiration or earlier termination of this Lease,
Tenant shall remove and dispose of all hazardous materials affecting the Leased
Premises resulting from the use or occupancy thereof by Tenant or its agents,
employees, suppliers, contractors, subtenants, successors and assigns
regardless of whether such removal is required by any hazardous materials
law.  Notwithstanding the foregoing, Landlord
consents to Tenant’s above-ground use, storage and off-site disposal of
products containing small quantities of hazardous materials, which products are
a type customarily used in operations specifically mentioned as a permitted use
under this Lease, provided that Tenant shall handle, use, store, and dispose of
such hazardous materials in a safe and lawful manner and shall not allow
hazardous materials to contaminate the Leased Premises.


 


18.4                           Indemnity.  Tenant shall indemnify, protect, defend, and
hold Landlord (and its partners, joint venturers, shareholders, affiliates and
property managers, and their respective officers, directors, employees and
agents) and Landlord’s lender harmless from and against any and all claims
arising out of, in connection with, or directly or indirectly arising out of
the use, generation, manufacture, production, storage, treatment, release,
disposal or transportation of hazardous materials by Tenant, or any successor,
assignee or sublessee of Tenant, or their respective agents, contractors,
employees, licensees, or invitees, on, under, about or from the Leased
Premises, including, but not limited to, all foreseeable and unforeseeable
costs, expenses, and liabilities related to any testing, repair, cleanup,
removal costs, detoxification, decontamination or remediation and the
preparation and implementation of any closure, remedial action, site assessment
costs or other required plans in connection therewith deemed required,
necessary or advisable by Landlord or any governmental entity, and any
foreseeable or unforeseeable consequential damages. Any defense of Landlord,
whether or not a suit is filed, pursuant


 


15

















 


to the foregoing indemnity shall be by
counsel reasonably acceptable to Landlord. 
Neither the consent by Landlord to the use, generation, manufacture,
production, storage, treatment, release, disposal or transportation of
hazardous materials, nor Tenant’s strict compliance with all hazardous
materials laws, shall excuse Tenant from Tenant’s indemnification obligations
hereunder. The foregoing indemnity shall be in addition to and not a limitation
of the other indemnification provisions of this Lease.  Tenant’s obligations hereunder shall survive
the termination or expiration of this Lease.


 


18.5                           Reporting.
 Tenant shall notify Landlord in
writing, immediately after any of the following:  (i) Tenant has knowledge, or has reasonable cause to believe,
that any hazardous materials have been released, discharged or located on,
under or about the Leased Premises, whether or not the same is in quantities
that would otherwise be reportable to a public agency, (ii) Tenant receives any
warning, notice of inspection, notice of violation or alleged violation, or
Tenant receives notice or knowledge of any proceeding, investigation, order or
enforcement action under any hazardous materials law concerning the Leased
Premises, or (iii) Tenant becomes aware of any claims made or threatened by any
third party concerning the Leased Premises respecting hazardous materials.


 


XIX.                                                                       MISCELLANEOUS


 


19.1                           Estoppel
Certificates.  Tenant shall at any
time and from time to time upon not less than ten (10) days prior written
request from Landlord execute, acknowledge, and deliver to Landlord, in form
reasonably satisfactory to Landlord and/or Landlord’s mortgagee, a written
statement certifying (if true) that Tenant has accepted the Leased Premises,
that this Lease is unmodified and in full force and effect (or if there have
been modifications, that the same is in full force and effect as modified and
stating the modifications), that the Landlord is not in default hereunder, the
date to which the rental and other charges have been paid in advance, if any,
and such other accurate certification as may reasonably be required by Landlord
or Landlord’s mortgagee, and agreeing to give copies to any mortgagee of
Landlord of all notices by Tenant to Landlord. 
It is intended that any such statement delivered pursuant to this
subsection may be relied upon by any prospective buyer or mortgagee of the Leased
Premises and their respective successors and assigns.


 


19.2                           Landlord’s Right to Cure.  Landlord may, but shall not be obligated to,
cure any default by Tenant (specifically including, but not by way of
limitation, Tenant’s failure to obtain insurance, make repairs, or satisfy lien
claims); and whenever Landlord so elects, all costs and expenses paid by
Landlord in curing such default, including, without limitation, reasonable
attorneys’ fees, shall be so much additional rent due on the next rent date after
such payment together with interest (except in the


 


16

















 


case of said attorneys’ fees) at a rate equal
to 18% per annum, from the date of the advance to the date of repayment by
Tenant to Landlord.  Notwithstanding
anything herein to the contrary, Landlord shall not cure any default by Tenant
unless Landlord has given written notice of such default to Tenant and Tenant
has not cured such default within the applicable cure period; provided,
however, that no such notice need be given in the event of an emergency.


 


19.3                           Amendments
Must Be in Writing.  None of the
covenants, terms, or conditions of this Lease, to be kept and performed by
either party, shall in any manner be altered, waived, modified, changed, or
abandoned except by a written instrument, duly signed and delivered by the
other party.


 


19.4                           Notices.    All notices to or demands upon
Landlord or Tenant, desired or required to be given under any of the provisions
hereof, shall be in writing.  Any notices
or demands from Landlord to Tenant shall be deemed to have been duly and
sufficiently given if a copy thereof has been mailed by United States
registered or certified mail in an envelope properly stamped and addressed to
Tenant as follows:


 


First Capital
Bank of Arizona


821 17th Street


Denver,
Colorado  80202


Attn: 
Jon Lorenz


 


or at such other address as
Tenant may hereafter furnish by written notice to Landlord, and any notices or
demands from Tenant to Landlord shall be deemed to have been duly and sufficiently
given if mailed in an envelope properly stamped and addressed to Landlord as
follows:


 


Za’hav, LLC


c/o
Shames-Makovsky Realty Company


1400 Glenarm
Place, Suite 201


Denver,
Colorado  80202


 


or at such other address as
Landlord may hereafter furnish by written notice to Tenant.  The effective date of such notice shall be
one (1) day after delivery of the same to the United States Postal Service.


 


19.5                           Time of Essence.  Time is of the essence in this Lease, and
all provisions herein relating thereto shall be strictly construed.


 


19.6                           Relationship of Parties.  Nothing contained herein shall be deemed or
construed by the parties hereto, nor by any third party, as creating the
relationship of principal and agent or of partnership, or of joint venture by the
parties hereto, it being understood and agreed that no provision contained in
this Lease, nor any acts of the parties hereto, shall be deemed to create any


 


17

















 


relationship other than the relationship of
Landlord and Tenant.


 


19.7                           Captions.  The captions of this Lease are for
convenience only and are not to be construed as part of this Lease and shall
not be construed as defining or limiting in any way the scope or intent of the
provisions hereof.


 


19.8                           Severability.  If any term or provision of this Lease shall
to any extent be held invalid or unenforceable, the remaining terms and
provisions of this Lease shall not be affected thereby, but each term and
provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.


 


19.9                           Law Applicable.  This Lease shall be construed and enforced
in accordance with the laws of the State of Arizona.


 


19.10                                             Covenants
Binding on Successors.  All of the
covenants, agreements, conditions, and undertakings contained in this Lease
shall extend and inure to and be binding upon the heirs, executors,
administrators, successors, and permitted assigns of the respective parties
hereto, the same as if they were in every case specifically named, and wherever
in this Lease reference is made to either of the parties hereto, it shall be
held to include and apply to, wherever applicable, the heirs, executors,
administrators, successors, and assigns of such party.  Nothing herein contained shall be construed
to grant or confer upon any person or persons, firm, corporation, or
governmental authority, other than the parties hereto, their heirs, executors,
administrators, successors, and assigns, any right, claim, or privilege by
virtue of any covenant, agreement, condition, or understanding in this Lease
contained.


 


19.11                                             Landlord
Means Owner.  The term “Landlord” as
used in this Lease, so far as covenants or obligations on the part of Landlord
are concerned, shall be limited to mean and include only the owner or owners at
the time in question who hold fee title to the Leased Premises, and in the
event of any transfer or transfers of the title to such fee, Landlord herein
named (and in case of any subsequent transfer or conveyances, the then grantor)
shall be automatically freed and relieved, from and after the date of such
transfer or conveyance, of all liability as respects the performance of any
covenants or obligations on the part of Landlord contained in this Lease
thereafter to be performed; provided that any funds in the hands of such
Landlord or the then grantor at the time of such transfer, in which Tenant has
an interest, shall be turned over to the grantee, and any amount then due and
payable to Tenant by Landlord or the then grantor under any provisions of this
Lease, shall be paid to Tenant.


 


19.12                                             Signs.  Tenant shall install no exterior sign
without Landlord’s prior written approval, which shall not be unreasonably
withheld.  Upon the expiration or
termination of this Lease and upon written demand from Landlord, Tenant shall
remove the exterior sign and return the Leased Premises to its original


 


18

















 


condition.


 


19.13                     Legal
Costs and Expenses.  Tenant agrees
to pay Landlord for all costs and expenses, including reasonable attorneys’
fees, in any court action brought by Landlord to recover any rent due and
unpaid under the terms hereof, or for the breach of any of the terms and
conditions herein contained, or to recover possession of the Leased Premises,
whether or not such court action or actions shall proceed to judgment.  Notwithstanding anything herein to the
contrary, in the event Tenant prevails in a court action, Landlord agrees to
pay Tenant’s costs and expenses, including reasonable attorneys’ fees.


 


19.14                     Compliance with Declaration of
Protective Covenants, Conditions and Restrictions and Reciprocal Easements.  Tenant acknowledges that it has read and
reviewed (i) the Declaration of Covenants, Conditions, Restrictions and
Easements for Crossroads Towne Center dated February 21, 1986 which was
recorded on February 21, 1986 as Instrument No. 86-084666 of the official
records of the Maricopa County, Arizona Recorder, as amended by the First
Amendment to Declaration of Covenants, Conditions, Restrictions and Easements
for Crossroads Towne Center dated March 18, 1987 which was recorded on April 2,
1987 as Instrument No. 87-200863 of the official records of the Maricopa
County, Arizona Recorder, and as further amended by the Second Amendment to
Declaration of Covenants, Conditions, Restrictions and Easements for Crossroads
Towne Center dated June 6, 1994 which was recorded on July 6, 1994 as
Instrument No. 94-0523284 of the official records of the Maricopa County,
Arizona Recorder (collectively, the “CCR’s”), (ii) the Declaration of
Reciprocal Easements and Covenants, Conditions and Restrictions dated February
21, 1986 which was recorded on April 25, 1986 as Instrument No. 86-203354 of
the official records of the Maricopa County, Arizona Recorder, and as amended
by the First Amendment to Declaration of Reciprocal Easements and Covenants,
Conditions and Restrictions dated March 18, 1987 which was recorded on March
27, 1987 as Instrument No. 87-181757 of the official records of the Maricopa
County, Arizona Recorder, and as further amended by the Second Amendment to
Declaration of Reciprocal Easements and Covenants, Conditions and Restrictions
dated February 18, 1994 which was recorded on February 28, 1994 as Instrument
No. 94-0167935 of the official records of the Maricopa County, Arizona Recorder
(collectively, the REA”), (iii) the Declaration of Additional Use Restrictions
dated March 24, 1989 which was recorded on March 24, 1989 as Instrument No.
89-134384 of the official records of the Maricopa County, Arizona Recorder (the
“Use Restrictions”), and (iv) the Agreement dated June 22, 1994 which was
recorded on July 8, 1994 as Instrument No. 94-0529802 of the official records
of the Maricopa County, Arizona Recorder (the “Agreement”).  The CCR’s, REA, Use Restrictions, and
Agreement are collectively hereinafter referred to as the “Governing Title
Documents”.  Tenant shall comply with
the Governing Title Documents, and all amendments thereto or substitutions
thereof, and shall also comply with all other documents which are of public
record which affect the Leased Premises. 
As additional rent,


 


19

















 


Tenant shall make all payments required to be made pursuant to the
Governing Title Documents, and all amendments thereto or substitutions thereof,
or if billed to Landlord, Tenant shall make such payments within twenty (20)
days after Landlord bills Tenant therefor. 
At Landlord’s election, Tenant shall pay to Landlord monthly installments
each of which shall be equal to one-twelfth (1/12) of the estimated annual
payments, to be held by Landlord and disbursed by Landlord to make the payments
as they become due.  Estimates are to be
made solely by Landlord and payments shall be made on the first day of the
month or such other day of the month designated by Landlord.  No interest shall be payable by Landlord on
the escrow unless, and then only to the extent that, applicable law shall
otherwise require.  All overpayments to
the escrow account shall be applied to reduce future payments to the escrow
account, if any, or shall be returned to Tenant, at the sole discretion of
Landlord unless otherwise required by other applicable law.


 


19.15                     Capacity
of Landlord.  Landlord hereby
discloses to Tenant that Landlord is entering into this Lease individually and
as nominee for Nisan 4, a joint venture (“Nisan 4”), that all rent payments are
to be made to Landlord and that Landlord shall be responsible for distributing
rent to Nisan 4.


 


IN WITNESS
WHEREOF, Landlord and Tenant have executed this Lease the day and year first
above written.


 


	
   

  	
   

  	
  TENANT:

  	
   

  	
  LANDLORD:

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  FIRST
  CAPITAL BANK OF

  	
   

  	
  ZA’HAV, LLC,
  a Colorado

  
	
   

  	
   

  	
  ARIZONA, an
  Arizona

  	
   

  	
  limited
  liability company

  
	
   

  	
   

  	
  corporation

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
  Richard
  Dalton,

  	
   

  	
  Evan
  Makovsky, Manager

  
	
   

  	
   

  	
  Executive
  Vice President

  	
   

  	
   

  
						



 


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