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PENTECOST PLAZA AGREEMENT OF LEASE

Lease Agreement

PENTECOST PLAZA AGREEMENT OF LEASE | Document Parties: MERCANTILE BANK CORP | Joe D. Pentecost Trust | Mercantile Bank of West Michigan You are currently viewing:
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MERCANTILE BANK CORP | Joe D. Pentecost Trust | Mercantile Bank of West Michigan

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Title: PENTECOST PLAZA AGREEMENT OF LEASE
Governing Law: Michigan     Date: 3/14/2006
Industry: Regional Banks     Sector: Financial

PENTECOST PLAZA AGREEMENT OF LEASE, Parties: mercantile bank corp , joe d. pentecost trust , mercantile bank of west michigan
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<PAGE>
                                                                   Exhibit 10.35

                                 PENTECOST PLAZA
                               AGREEMENT OF LEASE

     THIS LEASE made this 29th day of April, 2005, by and between

Landlord:

            Joe D. Pentecost Trust
            1651 W. Lake Lansing Avenue, Suite #200
            East Lansing, Michigan 48823
            (517)336-5000 fax(517) 336-5882

and Tenant:

            Mercantile Bank of West Michigan
            5650 Byron Center Avenue, SW
            Wyoming, MI 49519
            (616) 406-3780 fax(616) 406-3737

ARTICLE 1. NONSTANDARD PROVISIONS

The following entries constitute the nonstandard provisions of the Lease and
referred to elsewhere herein:

(a) Premises: 1651 W. Lake Lansing Road, Suite #300, East Lansing, MI 48823

(b) Leased Premises: A portion of the first floor of the Premises consisting of
approximately 7714 sq ft as described in Exhibit A. Tenant's pro-rata share of
the Premises is 66.95% ("Tenant's Pro-Rata Share")

(c) The term of this Lease shall be 24 months and shall commence on the 15th day
of June 2005, and end on the 15th day of June 2007.

(d) Monthly Rental is due on the 1st day of each month in advance in the amount
of Nine Thousand Three Hundred and Twenty One Dollars and xx/100 ($9321.00).
Rent for said term is the sum of Two Hundred Twenty Three Thousand Seven Hundred
Four Dollars and xx/100 ($223,704.00). In addition to the monthly rental, upon
execution of this Lease, Tenant shall pay to Landlord a one time fee of $15,000
(which fee will not be payable upon any extension of this Lease as described
below).

(e) Use of premises by Tenant: OFFICE AND BANK BRANCH

(f) Security Deposit: Five Thousand Dollars and xx/100 ($5000.00)

(g) This Lease, together with Exhibits A (Site Plan and legal description), B
(Rules and Regulations), C (Signage), and D (floor plan) referred to herein,
embodies the entire agreement between the parties.

(h) Tenant shall have the option to extend the term of this lease for Two (2)
additional Three (3) year periods by providing written notice via certified
mail, return receipt requested to Landlord of the exercise of each such option
not less than six (6) months prior to the expiration of the current or extended
term of this Lease. Each extension shall be upon the same terms and conditions
as this lease; provided that the


                                     Page 1

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monthly rental for the first option term shall be $9,881 and the monthly rental
for the second option term shall be $10,474.

(i) The provisions of this section (i) shall govern notwithstanding anything to
the contrary contained in this Lease. The Landlord shall not have access to the
Premises unless supervised by representatives of Tenant, except in case of
emergency to save property or life or Tenant unreasonably fails to provide
supervision (after reasonable notice) for any access granted to Landlord under
the terms hereof. Landlord shall have no access to Tenant's Confidential
Information (as defined below). In the event Landlord obtains any Confidential
Information, all such Confidential Information shall be immediately returned to
Tenant and held in confidence by Landlord to the same extent and using at least
the same degree of care as Landlord uses to protect its own confidential or
proprietary information, but in no event less than reasonable care. Landlord
shall not disclose, publish, release, transfer or otherwise make available
Confidential Information in any form to, or for the use or benefit of, any other
person or entity. "Confidential Information" shall mean all confidential or
proprietary information of Tenant, including trade secrets and documentation,
and all "nonpublic personal information" as such term is defined under Title V
of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102, 113 Stat. 1138), as
it may be amended from time to time, the regulations promulgated thereunder or
other applicable law.

(j) Notwithstanding anything in this Lease to the contrary, Landlord covenants
and agrees that during the term of this Lease and any extension: (i) no part of
the Premises occupied by any other person shall be used as a site for the
operation of a bank, mortgage company, or other financial institution and (ii)
no banking, mortgage, or other financial services shall be provided from any
part of the Premises not occupied by Tenant including, without limitation, the
providing of services through automated teller machine(s) or cash dissemination
machine(s); provided, however, the following activities and operations shall be
permitted: stockbroker, brokerage houses, insurance agency, financial planner,
investment advisor, realtor or law practice (the "Restrictive Covenant"). In the
event of a violation or breach of the Restrictive Covenant, Tenant, shall have
the right to proceed at law or in equity to compel compliance with the
Restrictive Covenant or to prevent its violation or breach and the fee title
owner of the Premises at the time of such violation/breach shall reimburse
Tenant for all costs, including reasonable attorneys fees, incurred in enforcing
the Restrictive Covenant. No failure of Tenant to enforce its rights hereunder
shall be construed to constitute a waiver thereof.

ARTICLE 2. PREMISES

     Landlord, in consideration of the rent to be paid and the covenants to be
performed by Tenant, does hereby demise and lease unto Tenant and Tenant hereby
rents from Landlord, those certain premises, which is shown and legally
described on the site plan marked Exhibit A attached hereto and made a part
hereof, such leased premises being cross-hatched on Exhibit D (floor plan). The
leased premises extend to the exterior face of the exterior walls and the
centerline of the demising walls separating the leased premises from the
premises of other tenants.

     Tenant has examined the leased premises and knowingly accepts the present
condition of same, and acknowledges that such condition is satisfactory for its
purposes.

ARTICLE 3. TERM

     The term of the Lease shall be as set forth in Article 1(c).

ARTICLE 4. RENT

     Tenant shall pay the Landlord the monthly rental which is set forth in
Article l(d) in advance on the first day of each calendar month during said
term, made payable and addressed to Landlord as set forth on page 1 of this
Lease, or such other place as Landlord may from time to time designate in
writing. The


                                        2

<PAGE>

installment of rent payable for any portion, less than all, of a calendar month
shall be a pro-rata portion of the installment payable for a full calendar
month.

ARTICLE 5. REAL ESTATE AND PERSONAL PROPERTY TAXES

     Tenant shall annually pay (within 30 days after invoice) Tenant's Pro-Rata
Share (as set forth in section l(b) above) of real estate taxes and assessments
assessed against the Premises prorated to cover the term of this Lease. Tenant
to pay all personal property taxes on fixtures, equipment, inventory, etc. owned
or leased by tenant.

ARTICLE 6. USE OF PREMISES AND OPERATION OF BUSINESS

     Tenant agrees that the leased premises shall be used and occupied by Tenant
or anyone claiming under Tenant only for the purpose specified as the use
thereof in Section l(e) and for no other purpose or purposes without the prior
written consent of Landlord.

      Tenant agrees to comply promptly with all laws, ordinances, orders, and
regulations affecting the leased premises and the cleanliness, safety,
operation, and use thereof. Tenant also agrees to comply with the reasonable
recommendations of an insurance company, inspection bureau or similar agency
selected by Landlord with respect to the leased premises.

Tenant agrees not to:

(A) Permit any unlawful or immoral practice to be carried on or committed on the
leased premises.

(B) Make any use of or allow the leased premises to be used in any manner or for
any purpose that might invalidate or increase the rate of Landlord's insurance
thereof, except that Tenant may use the Premises for the purposes described in
section 1(e).

(C) Keep or use or permit to be kept or used on said leased premises any
inflammable fluids or explosives without in each instance obtaining the prior
written approval of Landlord.

(D) No waste, nuisance, or damage shall be committed upon or to the demised
premises.

ARTICLE 7. COMMON AREAS

     Landlord agrees to cause to be operated, managed, and maintained in good
and clean working order during the term of this Lease all common areas, parking
areas, roads, sidewalks, landscaping, drainage, and common area lighting
facilities related to the Premises.

     The manner in which such areas and facilities shall be maintained and
operated and the expenditures therefor by Landlord shall be commercially
reasonable and the use of such areas and facilities shall be subject to such
reasonable regulations as Landlord shall make from time to time. Tenant shall
pay Tenant's Pro-Rata Share (as set forth in section l(b) above) of all common
area expenses.

     Landlord hereby grants to Tenant and Tenant's customers and invitees the
right to use, subject to the conditions hereinafter stated, the common areas in
the Premises. The use of the common areas by Tenant and Tenant's customers and
invitees shall be subject to the rights of Landlord under the terms of this
Lease and shall be used by Tenant, its agents, employees, customers, and
invitees in common with agents, employees, customers, and invitees of Landlord,
the other owners, occupants, and tenants from time to time in the Premises.
Tenant shall make no use of the common areas which shall interfere in any way
with the use of the common areas by others or with the business of any other
Tenant or with the Landlord. The use of all common areas shall be subject to the
rules and regulations from time to time approved by Landlord.

ARTICLE 8. ALTERATIONS BY TENANT

     Tenant shall not make or cause to be made any alterations, additions, or
improvements to the leased premises or install or cause to be installed any
exterior signs, floor covering, interior or exterior lighting, plumbing
fixtures, shades, canopies or awnings, or make any changes to the leased
premises


                                        3

<PAGE>

without the prior written approval of Landlord, which approval shall not be
unreasonably withheld. Tenant shall present to the Landlord plans and
specifications for such work at the time approval is sought.

     All alterations, decorations, additions, and improvements made by Tenant
shall be deemed to have been attached to the leasehold and to have become the
property of Landlord upon such attachment and upon expiration of this Lease or
any renewal term thereof. The Tenant shall not remove any of such alterations,
decorations, additions, and improvements except trade fixtures installed by
Tenant (including safes, surveillance equipment and similar fixtures) and
personal property of Tenant (hereinafter referred to as "Tenant's Property").
Landlord, at the expiration of the term, may elect to require Tenant to remove
all or any part of Tenant's Property and/or the alterations made by Tenant, and,
in such event, such removal shall be done at Tenant's cost and expense, and
Tenant shall, at its cost and expense, repair any damage to the leased premises
or the building caused by such removal, provided that Landlord may remove such
Tenants Property and/or alterations, and Tenant shall pay to Landlord,
Landlord's cost of removal within ten (10) days after the receipt of a bill
therefor. In the event Landlord does not so elect and Tenant vacates the leased
premises without so removing Tenant's Property, such Tenant's Property and/or
alterations, shall become Landlord's property.

ARTICLE 9. ALTERATIONS BY LANDLORD

     Landlord reserves the right at any time to make alterations, modifications,
reductions, expansions, or additions to, any portion of the Premises (other than
the leased premises), provided that such actions do not interfere with Tenant's
business or impair the value of the leased premises.

ARTICLE 10. MAINTENANCE OF PREMISES

     Landlord shall, at its expense, keep, maintain and repair the Premises
(other than interior leased premises), including all mechanical systems,
structural components and roof, in good working order and repair at all times
and shall make all necessary replacements of such systems, components and roof.
Lessee is responsible for nonstructural repairs and maintenance replacements on
Lessee's premises. Tenant shall replace all light bulbs and janitorial supplies
in the leased premises.

     Tenant shall keep and maintain the interior leased premises in a clean,
sanitary, and safe condition in accordance with the laws of the State of
Michigan and in accordance with all directions, rules, and regulations of the
health officer, fire marshal, building inspector, or other proper officials of
the governmental agencies having jurisdiction, at the sole cost and expense of
Tenant, and Tenant shall comply with all requirements of law, ordinance and
otherwise, affecting said interior leased premises. If Tenant refuses or
neglects to commence and to complete repairs promptly and adequately, Landlord
may, but shall not be required to do so, make and complete said repairs, and
Tenant shall pay the cost thereof to Landlord upon demand. At the time of the
expiration of the tenancy created herein, Tenant shall surrender the leased
premises in good condition, reasonable wear and tear, loss by fire or other
unavoidable casualty excepted.

ARTICLE 11. INSURANCE AND INDEMNITY

     Tenant shall, during the entire term hereof, keep in full force and effect
a policy of public liability and property damage insurance with respect to the
leased premises and the business operated by Tenant and any subtenants of Tenant
in the leased premises, in which the limits of public liability shall not be
less than Two Million ($2,000,000) Dollars per person per accident and in which
the limit of property damage liability shall not be less than Five Hundred
Thousand ($500,000) Dollars. Such insurance may be furnished by Tenant under any
blanket policy carried by it or under a separate policy therefor.

     Landlord agrees, during the term hereof, to carry insurance against fire,
vandalism, malicious mischief, and such other perils as are from time to time
included in a standard extended coverage endorsement and, at Landlord's option,
special extended coverage endorsements insuring the improvements to the Premises
in an amount determined solely by Landlord but not less than One Hundred (100%)
Percent of the full replacement cost, if available. Tenant will pay Tenant's
Pro-Rata Share (as set forth in section


                                         4

<PAGE>

or responsibility for any direct or consequential loss, injury, or damage to the
premises or its contents, caused by fire or any other casualty, during the term
of this Lease, even if such fire or other casualty may have been caused by the
negligence (but not willful act) of the other party or one for whom such party
may be responsible. Inasmuch as the above mutual waivers will preclude the
assignment of any aforesaid claim by way of subrogation (or otherwise) to an
insurance company (or any other person), each party hereto agrees, if required
by said policies, to give to each insurance company which has issued to it fire
and other property insurance, written notice of the terms of said mutual waivers
and to have said insurance policies properly endorsed, if necessary, to prevent
the invalidation of said insurance coverage by reason of said waivers.

ARTICLE 12. UTILITIES

     Tenant will be responsible for Tenant's Pro-Rata Share (as set forth in
section l(b) above) of all charges for water, sewer, and trash removal,
furnished to the Premises. Tenant shall be responsible for all charges for
electricity, gas, telephone and janitorial services provided directly to (or
metered to) the leased premises.

ARTICLE 13. ATTORNMENT AND SUBORDINATION

     At any time and from time to time, Tenant agrees, within ten (10) days
after request in writing from Landlord, to execute and deliver to Landlord, for
the benefit of such persons as Landlord names in such request, a statement in
writing and in form and substance satisfactory to Landlord certifying to the
following information as Landlord shall request:

(A) This Lease constitutes the entire agreement between Landlord and Tenant and
is unmodified and that this lease is 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);

(B) The amount of and dates to which the rent and other charges hereunder have
been paid and the amount of any security deposited with Landlord;

(C) The leased premises have been renovated on or before the date of such letter
and that all conditions precedent to the Lease taking effect have been carried
out;

(D) The tenant has accepted possession, that the lease term has commenced, that
Tenant is occupying the leased premises and that Tenant knows of no default
under the Lease by the Landlord, and that there are no defaults or offsets which
Tenant has against enforcement of this Lease by Landlord (or, if in default, the
nature thereof in detail);

(E) The actual Commencement Date of the Lease and Expiration Date of the Lease;
and,

(F) The Tenant's business located in the leased premises is open and operating,
provided all of the foregoing facts are true and ascertainable.

ARTICLE 14. OWNERSHIP, ASSIGNMENT, AND SUBLETTING

     Tenant shall not transfer, assign, sublet, mortgage, enter into a license
or concession agreement or hypothecate this Lease or Tenant's interest in and to
the leased premises, or permit any transfer of Tenant's interest cr


 
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