South Carolina Association of Realtors Commercial Lease Agreement

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 1 of 10

COMMERCIAL LEASE

In consideration of the covenants herein contained,

, hereinafter called

"Tenant" and

, Landlord, or Agent for the

Landlord, hereinafter called "Landlord"), agree as follows:

For the period of time beginning on

, 20 , and ending at midnight on , 20 ,

Landlord hereby grants to Tenant the sole and exclusive right to lease the real property known as:

Lot

Block Section Subdivision

ddress

Tax Map

#____________________________________City

Zip

County

, State of South Carolina.

THE  LANDLORD  TENANT IS LICENSED UNDER THE LAWS OF SOUTH CAROLINA AS A REAL ESTATE

LICENSEE.

RENT. Tenant shall pay to the Landlord, a Monthly Base Rental and Additional Rent as follows:

(a)

MONTHLY BASE RENTAL. Tenant shall pay a Monthly Base Rental to Landlord fo

r each month during the

term of this le

ase or any renewal thereof, in advance on or before t

day of each month during the term of this Agreement. The amount of the Monthly Base Rental for the first year

f this Agreement shall be

Dollars ($

(b) The rental for the first month of this lease shall be paid at the date of execution thereof. The Monthly Base

Rental shall be increased as follows:

(c)

ADDITIONAL RENT. In addition to the Monthly Base Rental and any accumulative adjustments, Tenant sh

all

pay Additiona

l Rent as indicated herein below (check

all that apply):

[

] 1. PROPERTY TAXES (choose one):

[ ] TAX INCREASE. Tenant shall pay annually a sum equal to any increase in real estate taxes

(ad valorem, special assessments and any other government charges to include any solid waste

disposal user fees.) over those assessed for the year of

, on a pro rata basis. Presentation of copies of tax bills shall constitute sufficient evidence

of additional rent due and shall be payable within fifteen (15) days after receipt thereof. Tenant

shall be charged additional rent only for the portion of the calendar year during which this lease

was in effect.

[ ] NET LEASE. Tenant shall pay annually the real estate taxes (ad valorem, special

assessments and any other government charges) upon presentation by the Landlord of tax bills

on the property. These charges shall be payable by the Tenant within fifteen (15) days after

receipt thereof. So long as Tenant shall not be in default, Tenant shall be responsible for the

portion of the calendar year during which this lease was in effect.

[ ] 2. PERCENTAGE OF GROSS SALES. Tenant shall pay annually a sum equal to %

of gross sales, as herein defined, in excess of

Dollars,

), in any lease year. Gross sales as used herein shall be the

amount of the gross sales as indicated on the Tenant's South Carolina Tax Report (Form ST-3). Tenant

shall deliver to Landlord a certified copy of each monthly report within ten (10) days after report is due to

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 2 of 10

the South Carolina Tax Commission. Lease year as used herein shall be the period of one year's duration

commencing on the effective day of the lease and each successive period of one full year commencing

on the anniversary of said effective date. Tenant shall deliver to Landlord within days following the end of

each lease year written statement signed and certified by Tenant to be a true and correct statement of the

amount of gross sales during the proceeding lease year. Tenant shall at the same time pay the amount of

Additional Rent due (if any) as a percentage of the excess over the amount herein stated.

[ ] 3. COMMON AREA MAINTENANCE Tenant shall pay on the first day of each month, in advance, a

fee equal to the Tenant's pro rata share of the cost of maintaining common areas. Tenant's common area

maintenance fee for the remaining portion of the calendar year in which this lease became effective shall

be ___________________________________________________ Dollars ($ ___________________ )

per month. Said fee shall be adjusted at the end of each calendar year to reflect any increase in cost

during said year. Common areas include all areas used in common with the other Tenants of the property

of which the Premises is a part, for the convenience or welfare of all tenants' customers collectively.

Common area maintenance shall mean and include all amounts paid or incurred by Landlord for

operating, managing and maintaining the Property, including the buildings, improvements and common

area facilities of the Property in a manner deemed by Landlord reasonable and appropriate and for the

best interest of the Property, including, without limitation, all costs and expenses of 1) operating,

repairing, lighting, cleaning, painting and securing the Property and the common areas of the Property,

and water and sewer charges;2) paying all personnel employed on a part time basis or full time basis in

the operation, maintenance, or repair of the Property, including the common areas; 3) removing rubbish

and debris from the Property; 4) repair and maintenance of walkway, landscaping, and lighting facilities,

other than such costs and expenses of a capital nature; 5) management fees paid to the property

management firm to manage the Property; 6) planting, replanting and replacing flowers, shrubbery, and

planters and the supplies required therefore; 7) all utilities used in connection with the operation of the

common area facilities; 8)seasonal decorations, including installation and removal thereof and electricity

therefore; 9) leasing or renting equipment used in connection with the operation and maintenance of the

common areas; 10) fountain maintenance and repairs, when applicable; 11) security, fire and crime

prevention services; 12) utility charges for the common area including without limitation, storm water,

sewer and pollution control fees

[ ] 4. INSURANCE. Landlord shall keep the Premises adequately insured at a reasonable rate as

indicated below (choose one):

[ ] INSURANCE INCREASE. Tenant shall pay annually a sum equal to any increase in

insurance premium for the year of ______________________, on a pro rata basis. Presentation

of copies of insurance bills shall constitute sufficient evidence of additional rent due and shall be

payable within fifteen (15) days after receipt thereof. Tenant shall be charged additional rent only

for the portion of the calendar year during which this lease was in effect.

[ ] NET LEASE. Tenant shall pay annually the insurance premium upon presentation by the

Landlord of bill on the property. These charges shall be payable by the Tenant within fifteen (15)

days after receipt thereof. So long as Tenant shall not be in default, Tenant shall be responsible

for the portion of the calendar year during which this lease was in effect.

[ ] 5. PRORATION OF CHARGES. If the Premises described herein are less than the entire property,

the increases in Monthly Base Rental adjustments, Additional Rent and all other charges required by this

lease shall be determined by proration on the same ratio that the rentable floor area of the Premises

bears to the rentable floor areas of the entire property. Landlord and Tenant hereby deem that the

Premises contains approximately _______________________ square feet of rentable area of the entire

property which is approximately ________________________ square feet, resulting in a percentage ratio

factor of ________________ percent ( _________%).

[ ] 6. ADDITIONAL CHARGES. Any charges due Landlord by Tenant, including but not limited to,

damage to Premises, legal fees, cost of default remedies, and past due charges for utilities, insurance,

cleaning, maintenance and repairs, etc. or for work done on the Premises by order of Tenant, shall be

considered as Additional Rent doe (in addition to all other rent payable) and shall be included in any lien

for rent. In the event any documentary stamp tax, or tax levied on rental or leasing of the Premises is

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 3 of 10

required, the cost shall be paid by tenant upon demand. The cost of the credit report on the Tenant which

may be requested at the Landlord's option shall be paid by the Tenant.

[ ] 7. LATE RENT. If rent is not paid within ___________________________________ days after due

date, the Tenant is subject to a one-time late fee of ___________________( ______________%) percent

of all rents due at that time.

SECURITY DEPOSIT. Upon execution of the lease by the Tenant, the Tenant shall pay to Landlord a Secu

rity

Dep

osit in the amount of ($__________________________) _______________________________________ Dolla

rs.

Any secu

rity deposit required by Landlord and paid by Tenant shall be retained as security (interest free

) for the faithful

perfo

rmance by Tenant of all terms, covenants and conditions herein. Landlord may at any time apply said deposit or an

part thereof a

gainst any default by Tenant of any of the terms, covenants and conditions of this lease. In su

ch event,

Tenant

shall upon demand deposit with Landlord the amount so applied that Landlord shall hav

e the full amount of the

deposit on hand at all times during the terms of this lease Upon the expiration of this lease the Tenant shall surrender

possession of the Premises as required in paragraph 24 herein. Landlord is given permission to deduct from said security

deposit the cost of any unusual cleaning or repairs to the property, upon vacating of Tenant. Security deposit is not a part

of the rental a

nd subsequently cannot be deducted from the rent of the last month of this tenancy. Security deposit or an

remai

ning portion will be returned within 30 days after the termination of this Agreement or completion of the repai

necessitated

by Tenant's misuse of the Premises. In the event the security deposit is not sufficient to pay all charges du

Tenant shall pay

said charges within three days after receiving written notice from the Landlord or Agent.

TENANTS UTILITIES. Tenant shall pay all charges or bills for the utility and services used by

the Tenant,

XCEPT:

USE OF PREMISES. Tenant agrees not to abandon or vacate the Premises and to use entire

leased Property for

and for

no other purposes without the express written consent of the Landlord. Pets, animals or birds may not be kept on the

Premises without the landlord's permission. These Premises may not be used for sleeping quarters or apartments,

immoral conduct or any illegal activity.

EXAMINATION OF PREMISES. Tenant has examined the Premises and is familiar with

their present condition.

Tenant, relyin

g solely on said examination, agrees to accept Premises in their present “as is” condition, unless othe

rwise

agre

ed to in writing by Tenant and Landlord.

DELAY OF POSSESSION. If Landlord is unable to deliver possession of Premises on the effective date of

this

lease, by rea

son of the holding over of a prior Tenant or for any other reason, this lease shall not be affected or impai

red

in any way an

d landlord shall not be liable to Tenant for any loss or damage resulting therefro

m. The effective date of this

lease ho

wever, shall not begin until the delivery of possession. If Landlord, however, is unable to deliver possession

of the

Premises to Tenant by ______________________________________________, and if Tenant in fact shall not have

accepted possession of the Premises, and if Tenant shall not be in default, Tenant shall have the right to cancel this lease

upon written notice delivered to Landlord and upon such cancellation Landlord and Tenant shall each be released and

discha

rged from all liability under this lease. In such case any deposit or prepaid rent shall be promptly returned

Tenant.

TENANT'S PARKING. Parking of vehicles owned or operated by Tenant or Tenant's employees is hereby

limited,

rest

ricted or prohibited, as follows:

LIABILITY INSURANCE. Tenant shall not carry any stock of goods or do anything in or about the Premises whic

will in any wa

y restrict or invalidate any insurance coverage of the Premises. Tenant agrees to pay upon demand as

additional rent any increase in premiums of insurance carried by the Landlord on the Premises resulting from the Tena

nt's

occup

ancy or improvements. Tenant shall keep in full force and effect, at Tenant's expense, insurance for pl

ate glass,

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 4 of 10

personal property, trade fixtures, and property damages, as well as a public liability policy in which both Tenant and

landlord shall be named as the insured with the following minimum coverage:

Single Limit $______________________________________

Aggregate $_____________________________________.

A certificate of insurance showing the Landlord and Landlord’s Agent as an additional insured shall be provided to the

landlord not later than the commencement date of this lease and prior to the expiration of such insurance policy during the

term of this lease.

MAINTENANCE AND REPAIRS. Landlord shall repair and maintain the foundation, roof, outer wall

s and

stru

ctural members of the Premises. Tenant shall, at Tenant's sole expense make all other repairs necessary to maintain

the Premises, both interior and exterior, ordinary and extraordinary including window glass, plate glass, storefronts, doo

rs,

windows, screens, awni

ngs, locks, keys, weather stripping and thresholds, as well as all interior wall

s, floors, ceilings, and

floor cove

rings. Tenant's responsibility to maintain the Premises shall also include the servicing, repair and maintena

nce

of plumbing,

electrical, heating, ventilating and air conditioning systems, including all pipes, wiring, fixtures,

filters,

equipm

ent, machinery, boilers, furnaces, compressors and appliances, and for the replacement of any of

the

aforem

entioned systems if their failure is due to Tenant's neglect. Nothwithstanding anything contained in this Lea

se to

the cont

rary, during the term of this Lease, Landlord shall warrant the major components of the heating, ventilating, an

air conditioning (HVAC) equipment servicing the Premises, to include the compressors, condensing units, and air

handlers, which warranty shall be contingent upon Tenant maintaining the HVAC equipment and ductwork by entering into

a contract with a reputable HVAC services company approved in writing by Landlord. Said contract shall include a

minimum of monthly filter cha

nges, routine testing for Freon leakage, cleaning, and other customary periodi

maintena

nce. In the event a major component shall need replacement and Tenant is unable to provide writ

ten

documentatio

n to the Landlord of the required maintenance as set for in this paragraph, Tenant shall be respon

sible for

the repla

cement of said component at Tenant’s sole cost and expense. Tenant shall also repair and be responsi

ble for

any cau

sed by stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines, or

fixtures. If

any part of the Premises i

s damaged by the Tenant, or Tenant's employees, agents or invitees, Tenant sha

ll provide

Landl

ord with immediate written notification of all damages to the property. After notification and approval of the Landlord,

repairs shall be made promptly at Tenant's expense so as to restore said Premises to its previous condition

. If Tenant

refuses o

r neglects to commence necessary repairs within ten (10) days after written demand, or does not complete su

repai

rs within a reasonable time thereafter, Landlord may make said repairs without liability to Tenant for

any loss or

damag

e that may accrue to Tenant's stock, business or fixtures by reason thereof and if Landlord makes such repai

rs,

Tenant

shall pay to Landlord, on demand, as Additional Rent, the cost thereof Tenant's failure to pay shall cons

titute a

default of this lease. Repairs that are the Landlord's responsibility shall be made within a reasonable time after written

notice from the Tenant. Tenant's failure to give or unreasonable delay in giving notice of needed repairs or defects shall

make T

enant liable for any loss or damage resulting from delay of needed repa

irs.

10.

REGULATIONS AND SANITATION. Tenant shall keep the Premises clean, safe, sanitary, and in compliance

with

laws, ordin

ances and requirements of any legally constituted public authority. Tenant shall keep broom clean all area

s in

and aroun

d Premises that are not included in Common Area Maintenance, such as front sidewalks and area behi

building.

Cleaning includes removing of any trash or refuse deposited on the lease Premises or adjacent pu

blic area by

Tenant, Ten

ant's customers', invitees, or agents. In the event of non-compliance by Tenant, Landlord shall have the right

to have said areas cleaned, trash and refuse removed and charge the expense to Tenant as Additional Rent which shall

be due and payable upon demand. Nonpayment of which shall constitute default of this Agreement. Tenant shall not allo

loitering o

n Premises. Tenant shall employ if Landlord determines it is necessary, a reputable pest extermination compan

at regula

r intervals.

11. ALTERATIONS. Tenant shall make no alterations, additions, improvements, or rewiring in or to the Premises

without the written consent of Landlord. All additions, or improvements to the Premises including carpeting, tile, other floor

covering, wall covering, ceiling tile, etc., made with or without Landlord's written consent shall become part of the

Premises, an

d the property of Landlord upon installation. Trade fixtures and office furniture shall be installed so as

to be

readily remov

able without injury to the Premises and any injury caused by said removal shall be repaire

d forthwith at

Tenant'

s expense. Said trade fixtures shall be removed from the Premises before the end of this lease or shall be

come

part of the Premise

s and the property of Landlord. Tenant shall not install or maintain any equipment, partitions, furnitur

etc. whi

ch the weight or operation thereof would tend to injure, or b

e detrimental to the Premises or would un

reasonably

annoy or di

sturb other Tenants.

12.

ASSIGNMENT OR SUBLEASE. Tenant shall not, without written consent of Landlord, in each

case, assign,

transfe

r, mortgage, pledge or otherwise encumber or dispose of this lease, or sublet the Premises or any part thereo

f or

permit the Premise

s to be occupied by other persons. Such consent shall not be unreasonably withheld, condition

ed, or

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 5 of 10

delayed. If this lease be assigned, or if the Premises or any part thereof be sublet or occupied by any other person, firm,

office or corporation with or without written permission of Landlord, it will not relieve Tenant of any obligations under the

terms of this lease, and if sublet, assigned or occupied without the Landlord's permission, this lease may, at the option at

the Landlord, be terminated by a seven day written notice. In the event Tenant shall sublease the Premises in accordance

herewith for rentals in excess of those rentals payable hereunder, Tenant shall pay to Landlord monthly in advance as

Additional Rent hereunder, one-half of all such excess rent. Any proposed assignee or sublessee that proposes to

assume Tenant's obligations hereunder shall execute a satisfactory assumption or sublease agreement before consent

shall be given. Other provisions of this Paragraph to the contrary notwithstanding, Landlord shall have the right in its

absolute and sole discretion to withhold consent to any sublease or assignment if Tenant shall be in default or breach of

this Agreement or if the proposed assignee or sublessee or its business will cause Landlord to incur any costs of whatever

kind or nature.

13.

SIGNS OR AWNINGS. Tenant shall place no signs, notices, pictures, or advertising matter upon the exteri

or of

the lease Premises except with the written consent of the Landlord. Any and all signs placed on the Premises by Tenant

shall be maintained in compliance with rules and regulations governing such signs. The Tenant shall be responsible to

Landlord for any damages by installation, use, maintenance or removal of said signs. Any electrical service needed for

sign

s shall be installed at the Tenant's expense. Tenant shall, at Tenant’s expense, remove signs at the expiration of the

Agreem

ent.

14.

WAIVER OF RIGHTS. No failure of Landlord to exercise any power given Landlord hereunder, or to insi

st upon

Tenant'

s strict compliance with Tenant's obligation hereunder and no custom or practice of the parties at variance with the

terms hereof shall constitute a waiver of Landlord's right to demand exact compliance with the terms of this Agreem

ent at

a future time. The rig

hts and remedies created by this Agreement are cumulative and the use of one remedy shall no

t be

taken to excl

ude the right to the use of another.

15.

RULES AND REGULATIONS. Landlord reserves the right at any time to make further rules and regulation

s as in

Landl

ord's judgment may be necessary for the safety, care, appearance, and cleanliness of the Premises and the entire

property, and the preservation of good order herein, and such other rules and regulations shall be binding up

on the

parties hereto with the same force and effect as if they had been contained herein at the time of execution hereof

16. RIGHT OF ENTRY. Landlord, without being liable for trespass or damages, shall have the right to enter Premises

during reasonable hours, with reasonable prior notice, to examine same or to make repairs, additions, or alterations as

Landlord may deem necessary for the safety, comfort, appearance, or preservation thereof or to exhibit said Premises

Entry shall al

so be allowed to post "FOR RENT" notice, during the 90 days before the expiration of this lease. Said righ

t of

entry shall li

kewise exist for the purpose of removing placards, signs, fixtures, alterations or additions whic

h do not

confo

rm to this Agreement. In accordance with this right, Tenant shall give Landl

ord a key to any and all locks, security

system

s and burglar alarms. Tenant shall not change or install new locks or security systems without the written consen

of Landlo

rd.

17.

LIENS. Tenant shall not create or allow to be created any liens for labor or materials against Landlord's inte

rest in

the Premises.

All persons contracting with the Tenant for the erection, installation, alteration, repair or demolit

ion of any

building o

r other improvements on the Premises, and all material suppliers, contractors, mechanics, and laborer

s are

hereby charged with notice that they must look to the Tenant and to the Tenant's interests only in the Premises to secure

the payment of any bill for work done or material furnished during the rental period created by this Agreement. In the

event that liens are placed on record against the Premises by contractors, mechanics, laborers, material suppliers, etc., of

Tenant it will con

stitute a default of this Agreement. The Tenant shall indemnify, hold harmless, and defend the Landlor

from any lien

s and encumbrances arising out of any work performed or materials furnished by

or at the direction of the

Tenant. Such

indemnity shall include, without limitation, all attorney’s fees and costs incurred by the Landlor

d due to the

filing of such mech

anic’s lien or notice thereof. In the event that the Tenant, within twenty (20) days follo

wing the

impositio

n of any such lien, shall not cause such lien to be released of record by payment or posting of a proper b

ond, in

addition to all

other remedies provided herein and by law, the Landlord shall have the right (b

ut not the obligation) to

cau

se the same to be released by such means as it shall d

eem proper, including

bonding or payment of the claim giving

rise to such lien. All such sums paid by the Landlord and all expenses incurred by it in connection therewith, including

attorney’s fee

s and costs shall be payable to the Landlord by the Tenant on demand with intere

st at the rate of eighteen

(18%) p

ercent per annu

18.

DAMAGE OR DESTRUCTION OF PREMISES. If Premises are totally destroyed by fire or other casualty, this

lease shall terminate as of the date of such destruction and rental shall be accounted for as between Landlord and Tenant

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 6 of 10

as of that date. If Premises are damaged but not wholly destroyed by fire or other casualty, rental shall abate in such

proportion as use of Premises has been lost to the Tenant. Landlord shall restore Premises to substantially the same

condition as prior to damage as speedily as practicable, whereupon full rental shall commence. Insurance proceeds if paid

to Tenant, shall be assigned to Landlord to restore Premises and replace any covered contents owned by Landlord.

19.

DAMAGE TO PERSONAL PROPERTY. All personal property, merchandise, fixtures and equipment placed

moved into the Premises

shall be at the risk of Tenant or the owners thereof and Landlord shall not be liable

for any

damag

es, loss of theft of said personal property, merchandise, fixtures, or equipment, from any cause whatsoever.

20.

CONDEMNATION. If the whole of the Premises, or such portion thereof as will make

said Premises unusable for

the purp

ose herein leased, be condemned by any legally constituted authority, this lease shall terminate on the date when

possession thereof is taken by public authorities, and rental shall be accounted for as between Landlord and Tenant as

that date. Such termi

nation, however, shall be without prejudice to the rights of either Landlord or Tenant to recover from

the public authority compensation for damage caused by condemnation. Neither the Tenant nor Landlord shall have any

rights in any award made to the other by any condemnation authority. In the event only such portion of the Premises is

acquired by condemnation as will leave the remaining Premises, after alteration and repairs, in condition suitable for use

by Tenant, the monthly ren

tal payments from the day of such acquisition to the end of the original or any extended term of

this lease shall be reduced in proportion to the resulting loss of use of Premises by Tenant. In the event of such pa

rtial

acq

uisition and reduction in rent, Landlord shall make promptly at Landlord's expense, all necessary alterations a

repai

rs that shall be required, to restore the Premises to a safe and usable condi

tion.

21.

INDEMNITY AND LIABILITY. Tenant shall indemnify and save Landlord harmless from any and all claims

damag

es, costs and expenses, including reasonable attorney's fees, arising from the management of the busine

con

ducted by Tenant on the Premises. Landlord shall not be liable, and Tenant waives all claims for damage to person or

property sustained by Tenant, its employees or agents, resulting from the condition of the Premises, or any equipmen

t, or,

ch as may result from any accident in or about the Premises or which may result directly or indirectly fro

m any act of

negle

ct of any other Tenant of the property of which the Premises is a part.

22. HOLDOVER. Tenant shall surrender to Landlord, at the end of the term of this lease or upon cancellation of this

lease, said Premises broom clean and in as good condition as the Premises were at the beginning of the term of this

lease, ordinary wear and tear and damage by fire and windstorm or other acts of God excepted, or Tenant will pay to

Landl

ord all damages that Landlord may suffer because of Tenant's failure to do so. Tena

nt will indemnify and save

Landl

ord harmless from and against all claims made by any succeeding Tenant of said Premises against Landlor

becau

se of delay in delivering possession of Premises, so far as such delay is occasioned by failure of Tena

nt to so

surre

nder Premises. If Tenant remains in possession of the Premises or any part thereof after the expiration

of the

Agreem

ent, such holdover places the Tenant in default and the Monthly Base Rental shall be increased to one hu

ndred

fifty percent (150%) of the

last month’s Monthly Base Rental unless given a month to month tenancy in writ

ing from the

Landlord.

23.

EFFECTIVE DATE OF LEASE. This Agreement shall becom

e effective as a binding agreement only upon the

executio

n and delivery thereof by both Landlord and Tenant. If this Agreement is signed by one party and submitted to t

other pa

rty, then it shall constitute an offer to lease which is subject to revocation at any time prior to execut

ion by the

other party and delivery of a fully executed copy of the submitting party.

24. NOTICES. Tenant hereby appoints as Tenant's agent to receive service of all notices required under this

Agreement as well as all dispossessory distraint notices, the person in charge of Premises or occupying said Premises, at

the time notice is delivered. A copy of all notices under this Agreement shall also be se

nt via certified mail, return receipt

requ

ested, or via recognized overnight delivery company, to Tenant's and Landlord's last known address as follows (o

r to

ch other address as either party may specify by wri

tten notice):

Tenant

Address:

Landl

ord Address:

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 7 of 10

25. BANKRUPTCY. If Tenant shall be adjudicated bankrupt or as insolvent or take the benefit of any Federal

reo

rganization or make a general assignment or take the benefit of any insolvent law, or if a Trustee in bankruptcy or

receiver b

e appointed or elected for Tenant, under Federal or State law, this Agreement at the option of the Landlord shal

expire an

d end seven (7) days after Landlord gives Tenant written notice, UNLESS, the Tenant's Truste

e immediately

cures a

ny default of Tenant hereunder and provides (in compliance with Federal and State laws) adequate assura

nce of

future pe

rformance of Tenant's obligations hereunde

26. BEYOND

LANDLORD'S CONTROL. None of the acts, promises, covenants,

or obligations on the part of the

Tenant to be

kept, performed or not performed as the case may be, nor the obligation of the Tenant to pay Monthly Base

Rental. Additional Rent or other charges or payments shall be in anywise waived, excused or affected by reason

of the

Landl

ord being unable at any time during the term of this Agreement, to supply, or to delay in supplying he

at, light,

elevator servi

ce or any other service expressed or implied on the part of the Landlord to be su

pplied; or by reason of the

Landlord being unable to make any alteration, repairs, or decorations, or to supply any equipment or fixtures, or any other

promise, covenant, or obligations on the part of the Landlord to be performed, if the Landlord's inability or delay is caused

by circumstances or events beyond the Landlord's control.

27. KEYS. Landlord shall provide Tenant with one key per lock, and the Tenant is responsible for

accounting for all

keys p

rovided or duplicated and shall return all keys of Premises to the Landlord upon termination or canc

ellation of this

Agreem

ent and/or Tenant vacating said Premises. Landlord shall have the right, if in the Landlord's sole judg

ment it is

necessa

ry, to require the Tenant at Tenant's expense to replace locks, and to supply Landlord with one ke

y to the new

loc

ks. The Landlord shall retain a master key or pass key to the Premises, including all security locks and systems.

Tenant shall not change or install new locks or security systems without written approval from Landlord.

28.

ESTOPPEL Tenant shall from time to time, within ten days following written notice

from Landlord, execute,

ackno

wledge and deliver to the Landlord a written statement certifying that this Agreement is in full force an

d effect. This

statement

should also state whether or not the Landlord is in default in performance of any covenant or co

ndition of this

Agreem

ent or other such reasonable terms required by the Landlord, purchaser, or lender for

either. The failure of the

Tenant to execute, acknowledge and deliver to the Landlord a statement in accordance with this covenant shall constitute

an acknowledgment by the Tenant that this lease is unmodified and in full force and effect, and shall constitute a waiver of

any defaults by the Landlord which may have existed prior to the date of such notice.

29.

PEACEFUL POSSESSION. Subject to the terms, covenants and conditions of this lease, the Tenant shal

l have,

hold an

d enjoy possession of the Premises, subject to the rights of the holders of any mortgage which now covers

said

Premises o

r which may hereafter be place on Premises by Landlord. Tenant's rights are also subject to an

y underlying

lease no

w or later covering the entire property of which the leased property is a part. Tenant shall execute any necessa

lease su

bordination agreement at the Landlord's request.

30.

DEFAULT. If Tenant fails to pay Monthly Base Rental including Additional Rent on or before the due dates

herei

n stated (TIME IS OF THE ESSENCE) this Agreement shall be in default. If Tenant fails to

cure such default within

five (5) days

after written notice from Landlord; or if Tenant shall be in default in performing any of the terms, coven

ants

and conditio

ns of this Agreement, other than the provision requiring the payment of Monthly Base Rental an

d Additional

Rent, and fails to cure such default within thirty (30) days after the receipt of written notice of default from Landlord; or if

Premises shall be abandoned or deserted for fifteen (15) days, or if this Agreement is assigned to any other person, firm,

office or corporation, without the permission of Landlord as required in Paragraph 15 herein, this lease at the Landlord's

option shall e

xpire and terminate seven (7) days after Landlord delivers written notice to Tenant of such condition or

default and Tenant shall immediately quit and surrender said Premises to Landlord. In the event of any such de

fault or

brea

ch of performance, the Landlord without any further notice or demand of any kind to the Tenant, may terminate this

lease and re-enter and forthwith repossess the entire Premises and without being liable for trespass or damage shall re-

let, lease or demise the Premises to another Tenant without any hi

ndrance or prejudice to La

ndlord's right to distrain for

any past due rent, Additional Rent, and rent from the time of such default or termination until the Premises were leased or

rented to an

other Ten

ant.

31.

ASSIGNMENT OF CHATTELS. Tenant hereby pledges and assigns to Landlord all the furniture, fixtures,

goods,

equipm

ent and chattels of Tenant which shall or may be brought or put on said Premises as secu

rity for the payment of

said rent, and

tenant agrees that said lien may be enforced by distraint or foreclosure, at the election of Land

lord. It is

unde

rstood and agreed that any merchandise, fixtures, furniture, or equipment left in the Premises when

Tenant vacates

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 8 of 10

shall be deemed to have been abandoned by Tenant and by such abandonment, Tenant relinquishes any right or interest

therein and Landlord is authorized to sell, dispose of or destroy same.

32.

ATTORNEY'S FEE. In the event landlord successfully defends any action by the Tenant, or if it is necessa

ry for

Landl

ord to employ an attorney for the collection of rent or any other sum due hereunder, or to enforce any coven

ant of

this lea

se, or the termination of this lease, or for the possession of the Premises or any part thereof the Tenant shall pa

all co

sts, including reasonable attorney's fees.

33.

AGENT. Tenant acknowledges

that

is the leasing/managing

agent for the Landlord of the Premises. Tenant shall pay all rent payable under this lease to said

agent. The right to collect said rentals shall be governed by the written agreement between Landlord and agent for the

manag

ement of the Premises and shall terminate with the expiration of said management agreement or an

y renewal

thereof.

34.

SUBORDINATION, ATTORNMENT, AND NON-DISTURBANCE: Tenant agrees that this Agreement shall be subjec

and subo

rdinate to any mortgages, deeds of trust or any ground lease now or hereafter placed upon the Premises

and to

all modificatio

ns thereto, and to all present and future advances made with respect to any such mortgage or deed of trus

provide

d however, that such mortgagee or ground lessor agrees not to disturb Tenant in its possession

of the Premises

so lon

g as Tenant shall not be in breach or default under any of the terms and conditions of this Agreem

ent. Tenant

agre

es to attorn to the mortgagee, trustee, or beneficiary under any such mortgage or deed of trust, and to the purch

aser

at a sale pu

rsuant to the foreclosing thereof, and to the lessor in the event of a termination of any such ground lease.

35. DEFINITIONS. "Landlord" as used in this Agreement shall include the owner or owners of the property and/or the

aforementioned managing agent as well as the Landlord's heirs, representatives, assigns and successors in title to

Premises. "Tenant" shall include Tenant, Tenant's heirs and representatives, and if this lease shall be assigned or sublet,

shall in

clude also Tenant assignees or subleases, as to Premises covered by such assignment or sublease. "Agent" sh

all

inclu

de agent, agent's successors, assigns, heirs and representatives. "Landlord," "Tenant," and" Agent," including male

and female, singular and plural, corporation, partnership or individual, as may fit the particular parties. “Prop

erty” is

defined a

s the land, lots, building improvements, and common areas as may be further defined herein, in whic

h the

Premises i

s included.

36.

ENVIRONMENTAL MATTERS: Tenant represents, warrants and covenants to Landlord throughout the Te

rm of

this Agre

ement as follows that Tenant is and agrees to remain in compliance with all applicable federal, state

and local

laws relatin

g to protection of the public health, welfare, and the environment ("Environmental Law") with re

spect to

Tenant'

s use and occupancy of the Premises. Tenant agrees to cause all of its employees, agents, contract

ors,

subl

essees, assignees, and any other persons occupying or present on the Premises ("Occupants") to co

mply with all

Environmental Laws applicable to their activities in and around the Premises.

37. AMERICANS WITH DISABILITIES ACT: Any other provision of this Agreement notwithstanding, the parties

hereby agree that the Premises may be subject to the terms and conditions of the Americans with Disabilities Act of 19

(he

reinafter the "ADA"). The parties further agree and acknowledge that it shall be the sole responsi

bility of Tenant to

comply with a

ny and all provisions of the ADA, as such compliance may be required to operate the Premises

. Tenant

further a

grees to indemnify, depend and hold Landlord harmless against any claims, which may arise ou

t of Tenant's

failure to co

mply with the ADA. Such indemnification shall include, but not necessarily be limited to reasonable attorney's

fees, court costs and judgments as a result of said claims. Within ten (10) days after receipt, Tenant shall

advise the

Landl

ord in writing and provide with copies of (as applicable), any notices alleging violation of the American

s with

Disabilities A

ct of 1990 ("ADA") relating to any portion of the Property of the Premises, any claims made or threatened in

writing regarding noncompliance with the ADA and relating to any portion of the Property or of the Premises

, or any

govern

mental or regulatory actions or investigations instituted or threatened regarding noncompliance with the ADA and

relating to any portion of the Property or of the Premises.

38. SPECIAL STIPULATIONS. Insofar as the following stipulations conflict with any of the provisions herein, the

following stipulations shall control (use addendum if necessary):

39.

SOUTH CAROLINA LAW TO GOVERN:. Tenant and Landlord agree that South Carolina la

w will govern the

interp

retation and enforcement of this Agreem

ent.

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 9 of 10

40. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto and all previous

negotiations leading thereto, and it may be modified only by a dated written agreement signed by both Landlord and

Tenant No su

rrender of the Premises or of the remainder of the term of this lease shall be valid unless acce

pted by

Landl

ord in writing TIME IS OF THE ESSENCE WITH REGARD

TO ALL TERMS AND CONDITIONS IN THIS

AGREEMENT.

41.

FACSIMILE: The parties agree that the offer, any counteroffer and/or acceptance of any offer or counter

offer may

be com

municated by use of a fax and the signatures, initials, and handwritten or typewritten modifications to

any of the

foregoi

ng shall be deemed to be valid and binding upon the parties as if the original signatures, initials and handwritten or

typewritten modifications were present on the documents in the handwriting of each pa

rty.

42.

MEGAN’S LAW: The Tenant and Landlord agree that the Property Manager or Real Estate Broker representing

Tenant or Landlord and all affiliated agents are not responsible for obtaining or disclosing any information contained in the

South Carolina Sex Offender Registry. The Tenant and Landlord agree that no course of action may be brought against the

Property Manager or Real Estate Broker representing Tenant or Landlord and all affiliated agents for failure to obtain or

disclose any information contained in the South Carolina Sex Offender Registry. The Tenant agrees that the Tenant has the

sole responsi

bility to obtain any such information. The Tenant understands that Sex Offender Registry information may be

obtained from the local sheriff’s department or other ap

propriate law enforcement officials.

43. NO

N-RELIANCE CLAUSE: Both Tenant and Landlord hereby acknowledge that they have not received or relied no

coul

d have relied upon any statements or representations or promises or agreements or inducements by either Broker

their age

nts which are not expressly stipulated herein. If not contained herein, such statements, represent

ations,

promi

ses, or agreements shall be of no force or effect. This general non-reliance clause shall not prevent re

covery in tort

for fraud o

r negligent misrepresentation or intentional misrepresentation unless specific non-reliance language is included

in this agreement. This is a non-reliance clause and is neither a merger clause nor an extension of a merger cla

use. The

partie

s execute this agreement freely and voluntarily without reliance upon any statements or representations by partie

or age

nts except as set forth herein. Parties have fully read and understand this Agreement and the meani

ng of its

provisi

ons. Parties are legally competent to enter into this agreement and to fully accept responsibility. Parties have be

advised to consult with counsel before entering into this agreement and have had the opportunity to do so.

THE UNDERSIGNED

HEREBY WARRANT THAT THEY OWN THE PROPERTY AND/OR HAVE THE AUTHORITY TO

EXECUTE THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. OWNER SHALL SEEK FURTHER

ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. OWNER ACKNOWLEDGES RECEIPT OF A COPY OF

THIS AGREEMENT. OWNER AGREES TO RECEIVE COMMUNICATIONS FROM BROKER AT THE EMAIL ADDRESS,

PHONE AND FAX NUMBER LISTED BELOW.

IN WITNESS WHEREOF, this agreement has been duly executed by the parties.

Tenant Date

Witness to Tenant

Tenant’s Email Address:

Phone:

Fax:

Tenant Date

Witness to Tenant

Tenant’s Email Address:

Phone:

Fax:

Landlor

Date

Witness to Landlord

Landlord’s Email Address:

Phone:

Fax:

LANDLORD’S AGENT AND COMPANY

ENANT’S AGENT AND COMPANY

[ ] TENANT, [ ] TENANT, AND [ ] LANDLORD HAVE READ THIS PAGE.

Form 400 Page 10 of 10

GUARANTEE

As an inducement and, thus, a further consideration for the Landlord entering into this Agreement with the Tenant, the

undersigned (jointly and severally, if more than one) hereby guarantees full performance by the Tenant and its heirs,

successors, or assigns of all of the terms and conditions of the Agreement. The Landlord is not required to provide the

Guarantor(s) with any notice provided for in the Agreement. In addition, this Guarantee is not waived by any delay that the

Landlord has permitted the Tenant in satisfying its obligations under the Agreement. This Guarantee runs to the

Guarantor's heirs, successors, and assigns and ensures to the benefit of the Landlord and its successors, and assigns.

The Landlord and Tenant may agree to a modification of the Agreement without the approval of the Guarantor(s),

provided that the obligation of the Guarantor(s) is not increased beyond the financial conditions contained in the Lease.

This is a guarantee of payment and performance and not merely of collection of any term or condition of the Agreement

that requires the Tenant to pay the Landlord any sum of money.

GUARANTOR Date Witness to GUARANTOR

e foregoing form is available for use by the entire real estate industry. The use of the form is not intended to identify the user as a REALTOR®.

REALTOR® is the registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL

ASSOCIATION OF REALTORS® and who subscribe to its Code of Ethics. Expressly prohibited is the duplication or reproduction of such form or the use of

the name "South Carolina Association of REALTORS®" in connection with any written form without the prior written consent of the South Carolina

Association of REALTORS®. The foregoing form may not be edited, revised, or changed without the prior written consent of the South Carolina Association

of REALTORS®.