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COMMERCIAL LEASE

Lease Agreement

COMMERCIAL LEASE | Document Parties: The Conlin Company You are currently viewing:
This Lease Agreement involves

The Conlin Company

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Title: COMMERCIAL LEASE
Governing Law: Michigan     Date: 3/14/2006
Industry: Regional Banks     Law Firm: Leonard Street,Kreis, Enderle, Callander & Hudgins,     Sector: Financial

COMMERCIAL LEASE, Parties: the conlin company
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                                                                   Exhibit 10.36

                                COMMERCIAL LEASE

     This Commercial Lease ("Lease") has an effective date of the 12th day of
July, 2005, and is between The Conlin Company, a sole proprietorship, whose
address is 2455 South Industrial, Suite K, Ann Arbor, Michigan 48104,
hereinafter called "Landlord," and Mercantile Bank of West Michigan, a Michigan
banking corporation, whose address is 310 Leonard Street NW, Grand Rapids,
Michigan 49504, hereinafter called "Tenant."

     The parties agree to the following for which there is adequate
consideration:

     1. LOCATION. Landlord owns real property located in the City of Ann Arbor,
County of Washtenaw, and State of Michigan (the "Premises"). The legal
description of the Premises is set forth on attached EXHIBIT A. Landlord hereby
leases to Tenant the entire Premises, including an approximate 10,000 square
foot building and grounds (hereinafter referred to as the "Leased Premises").
The Leased Premises are more particularly shown on the drawing attached hereto
as EXHIBIT B.

          Notwithstanding anything in this Lease to the contrary, the Tenant
shall be given possession of the Leased Premises as of the Effective Date of
this Lease so Tenant can begin construction of its Tenant Improvements (as
defined herein). Tenant shall obtain all necessary permits and approvals for its
occupancy. During the first four (4) months of this Lease (hereafter the
"Construction Period"), Tenant shall have access to the Leased Premises for
purposes of building out the Tenant's space with its Tenant improvements
(collectively "Tenant Improvements") and for operating its business as further
set forth in Paragraph 4.

     2. TERM. The term of this Lease shall be five (5) years, commencing on July
1, 2005, and ending on June 30, 2010, unless sooner terminated under the
provisions hereof. Each "Lease Year" shall be a twelve (12) month period during
the initial term of this Lease and during any Renewal Period, the first
commencing on the date which this Lease commences.

          Notwithstanding the foregoing term and the option to renew set forth
in Paragraph 3, Tenant shall have the right to terminate this Lease prior to the
end of the initial term as follows:

          (a) During the first two (2) Lease Years, by giving Landlord not less
     than one (1) year advanced written notice and the payment of six (6) months
     of minimum monthly rent covering the six (6) month period after
     termination; or

          (b) After the first two (2) Lease Years, by giving Landlord not less
     than one (1) year advance written notice, but no additional minimum monthly
     rent shall be due.

In the event of termination under Paragraph 2(a) or 2(b), Tenant shall also owe
to Landlord the remaining unamortized portion of the tenant improvement
allowance (hereinafter "Tenant Allowance") set forth in Paragraph 10 of this
Lease. Payment by Tenant of the Tenant Allowance shall be prorated for the five
(5) year term of this Lease. For illustration purposes only, if Tenant were to
spend the entire $100,000 Tenant Allowance and then were to give Landlord proper
notice

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Commercial Lease
Page 2 of 14


and terminate this Lease on the fourth (4th) anniversary of this Lease, then
Tenant would pay to Landlord the sum of $20,000 to cover the unamortized portion
of the Tenant Allowance for the fifth (5th) Lease Year (i.e., the Tenant
Allowance shall be amortized at $20,000 per year for the five (5) year Lease
Term). For termination during a partial Lease Year, the amortization shall be on
a monthly basis.

     3. OPTION TO RENEW. Tenant shall have the option to renew this lease
("Lease") for two (2) additional terms of five (5) years each. Each "Renewal
Period" shall commence immediately after the end of the original term of this
Lease or at the end of the first Renewal Period. To exercise the option, Tenant
must give Landlord written notice of the exercise of such option not less than
six (6) months prior to the end of the original term of this Lease or first
Renewal Period, as appropriate. The terms of the Lease, during Renewal Period,
shall remain the same as during an initial term, except as otherwise expressly
set forth herein.

     4. RENT. During the Construction Period, and until the Rent Commencement
Date (defined below), Tenant shall pay to Landlord minimum monthly rent equal to
the square footage of the leased space that it is occupying to conduct business
(but not the portion of the Leased Premises in which the Tenant Improvements are
being constructed) at $15.00 per square foot per annum. For illustration
purposes only, if Tenant uses 2,000 feet during the Construction Period, then
the Tenant's minimum monthly rent shall be $2,500 per month, payable on or
before the first day of each month. In addition, Tenant shall pay Landlord the
sum of $12,500, which can be used to offset the appropriate portion of the last
month's rent owed under this Lease.

          Beginning on the earlier of (i) ten (10) days after Tenant's
completion of its Tenant Improvements and its obtaining of a Certificate of
Occupancy; and (ii) November 1, 2005, (the "Rent Commencement Date"), Tenant
shall pay Landlord, as minimum monthly rent (sometimes referred to as the
"Rent") for said Leased Premises, during the remainder of the first Lease Year
of this Lease, the sum of Twelve Thousand Five Hundred and 00/100 ($12,500)
Dollars, subject to the provisions below. Rent shall be paid in advance of or on
the first day of each month and commence and any partial month's rent shall be
prorated. Notwithstanding the foregoing, Tenant's actual minimum monthly rent
shall be reduced by 50% until such time that the amount of the Tenant Allowance
actually used by Tenant is fully deducted (up to $100,000), but subject to
Tenant's obligation to pay to Landlord the unamortized portion of the Tenant
Allowance pursuant to Paragraph 2 herein if Tenant terminates this Lease prior
to the end of the initial term.

          Annual rent during the second Lease Year and each Lease Year
thereafter, including during the "Renewal Periods," shall be increased by an
amount equal to the cost of living increase as determined by the official
Consumer Price Index published by the Bureau of Labor Statistics, United States
Department of Labor. The Consumer Price Index to be used will be that for "Urban
Wage Earners and Clerical Workers (Revised, United States City Average,
1982-1984=100)," hereinafter called the "CPI."

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Commercial Lease
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          An increase in monthly rent for the second Lease Year shall be based
upon a comparison of the last CPI published prior to commencement of this Lease
to the last CPI published prior to the end of the first Lease Year. The amount
of the increased monthly rent to be effective beginning the second Lease Year
(i.e., July 1, 2006 to June 30, 2007) shall be calculated by multiplying $12,500
by the last CPI published prior to the end of the first Lease Year, divided by
the last CPI published prior to the commencement of this Lease. The amount of
the increased monthly rent to be effective for all succeeding Lease Years shall
be calculated by multiplying the rent in effect at the end of the then previous
Lease Year by the last CPI published prior to the end of the previous Lease
Year, divided by the last CPI published prior to the commencement of the
previous Lease Year (or if there shall not have been a rent increase for the
previous Lease Year, then the denominator shall be the last CPI published prior
to the commencement of the last Lease Year for which there was a rent increase).

          Notwithstanding the foregoing, an annual rent increase for any Lease
Year during the initial term may not exceed 2.5% from the previous Lease Year,
and the annual rent increase for any Lease Year during the Renewal Periods shall
be 75% of the CPI increase (not to exceed 7%) from the previous Lease Year.
Thus, Rent for the first Lease Year of the first Renewal Period shall be 75% of
the increase in CPI from the previous Lease Year as described above, but no more
than a 7% increase from the previous Lease Year.

     5. ADDITIONAL RENT. As additional rent, the Tenant shall pay its share of
the cost of insurance, real property taxes, and any other charges or costs due
by Tenant under this Lease. This "Additional Rent" shall be payable by Tenant
within thirty (30) days after presentation to Tenant by Landlord of an itemized
bill for any portion of Additional Rent or within the timeframes set forth
herein, whichever is longer.

     6. TENANT INSURANCE. The Tenant shall keep in force, at its sole expense,
(i) an all risk insurance policy pertaining to the entire Leased Premises
described at EXHIBIT A, and all buildings and other improvements thereon,
including all Tenant improvements, and (2) a policy of public liability
insurance in an amount not less than One Million and 00/100 ($1,000,000) Dollars
per occurrence. Landlord shall be a named insured on all of Tenant's insurance
policies. Tenant shall furnish Landlord with certificates or other evidence
acceptable to Landlord indicating that the insurance is in effect prior to
execution of this Lease, and provide that Landlord shall be notified in writing
at least thirty (30) days prior to cancellation of any material change in or
renewal of the policy. Any personal property kept on the Leased Premises by
Tenant shall be at Tenant's sole risk.

     7. TAXES.

          (a) REAL ESTATE TAXES AND ASSESSMENTS. Tenant shall pay Landlord, as
     Additional Rent, all taxes and assessments that may be levied or assessed
     during the term

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Commercial Lease
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     hereof by any lawful authority against the lands and buildings of, or
     relating to, the entire Leased Premises. Should the State of Michigan or
     any political subdivisions thereof or any governmental authority having
     jurisdiction thereof impose a tax and/or assessment of any kind or nature
     upon, against, or with respect to, the rentals payable by Tenant, either by
     way of substitution for all, or any part, the taxes and assessments levied
     or assessed against such land and buildings, or in addition thereto, such
     tax and/or assessment shall be deemed to constitute a tax and/or assessment
     against such land and such buildings for the purpose of this Paragraph.

          (b) PERSONAL PROPERTY TAXES. Tenant shall be responsible for and shall
     pay, immediately when due, all taxes assessed, during the term of this
     Lease, against any leasehold interest or personal property of any kind
     owned or placed in, upon, or about the Leased Premises by Tenant; including
     all trade fixtures, equipment, and inventory.

     8. REPAIRS. Tenant shall maintain, repair, and replace, at its sole cost
and expense, the entire interior of the Leased Premises, and, subject to the
paragraph below, make all necessary repairs and replacements to all interior
improvements and systems which serve the Leased Premises, including all
electrical, mechanical, heating, and plumbing systems and equipment
(collectively the "Interior Systems"), and all glass doors, walls, trim, floors,
and lighting in the Leased Premises.

          Landlord shall have the obligation, at its sole cost and expense, to
(i) maintain, repair, and replace the entire exterior of the Leased Premises
including, but not limited to, roof, walls, foundation, and all structural
components of the building and all improvements thereon; to maintain, repair,
and replace all parking, driveway and access areas; (ii) for a period of one (1)
year after the Rent Commencement Date, keep the Interior Systems in good working
order; and (iii) to take all other action necessary to keep the Leased Premises
and all improvements thereon in good working order.

          After the first year after the Rent Commencement Date, Tenant shall
pay the first $1,000 of repairs and necessary replacements to the Interior
Systems. Any maintenance, repair, or replacement costs related to Interior
Systems during the first year, which costs more than $1,000, shall be due and
payable by Landlord to Tenant upon demand therefore, provided that Tenant
provides Landlord with invoices for all costs related to such work.

          Tenant shall, throughout the term of this Lease, promptly comply, or
cause compliance, with all laws and ordinances and the orders, rules,
regulations and requirements of all federal, state, county, and municipal
governments, and appropriate departments, commissions, boards and offices
thereof, which may be applicable to the Leased Premises.

     9. LANDLORD IMPROVEMENTS. Landlord shall, at its sole cost and expense,
provide the following improvements to the Leased Premises:

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Commercial Lease
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          (a) Ensure that the building exterior structure is in good repair
     (which shall include roof repairs) and, if it is not, make the necessary
     repairs within 15 days;

          (b) Ensure that the mechanical, electrical, plumbing, and other
     systems are in good condition and repair and, if the systems are not, make
     the necessary repairs within 15 days;

          (c) Seal and restripe the parking lot and driveways on the Leased
     Premises so that the same are in good condition within 30 days;

          (d) Landscape and otherwise make sure that the grass and other
     greenbelt areas are in good repair, including removing weeds, trimming
     trees, repairing the in-ground sprinkler system, and take such other action
     necessary to make the grounds presentable within 30 days;

          (e) Within 45 days, take all other action necessary to ensure that the
     exterior of the building on the Leased Premises and the building grounds
     are in good repair to allow Tenant to operate a first class business
     operation at the Leased Premises.

          If Landlord fails to make the Improvements timely, Tenant shall have
the right to make such improvements and shall be entitled to an offset from the
minimum monthly rent of all reasonable costs related thereto, including the
costs of its contractors.

     10. TENANT IMPROVEMENTS. The current building on the Leased Premises was a
First American Title Company, which Tenant will convert to a bank branch and
related improvements. To renovate the interior of the Leased Premises, Landlord
shall provide to Tenant the Tenant Allowance of up to $100,000, which money
shall be used for certain Tenant improvements (collectively "Tenant
Improvements"). The Tenant Allowance shall be paid to Tenant in the following
manner:

          (a) Tenant shall obtain, at its sole cost and expense, sealed
     architectural plans for the demolition, remodeling, and renovation
     (hereinafter collectively "Renovate(tion)") of the interior of the building
     and shall provide a copy of the same to the Landlord.

          (b) Tenant shall hire a general contractor ("General Contractor"),
     with the reasonable approval of Landlord, which approval shall not be
     unreasonably withheld, delayed, or conditioned.

          Once a General Contractor has been hired by the Tenant, Tenant agrees
           to pay the General Contractor, and provide to Lan


 
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