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No. 9-REC
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April 1996
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STORE LEASE
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CAUTION:
Consult a lawyer before using or acting under this form. Neither
the publisher nor the seller of this form makes any warranty with
respect thereto, including any warranty of merchantability or
fitness for a particular purpose.
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Above Space for Recorder’s
use only
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TERM OF LEASE
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BEGINNING
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ENDING
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See
Paragraph 4 of the Rider attached hereto &
made a part hereof
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Ten (10)
years after Lease
Commencement Date per Paragraph 4 of the Rider
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DATE OF LEASE
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LOCATION OF PREMISES
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See Paragraph 20 of the
Rider attached hereto
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December 1, 2008
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2130 West North Avenue
Chicago, Illinois
1 st Floor Commercial Space [approximately 5,250 square feet] comprised of a
Commercial Parcel and a Parking Area Parcel, both of which are
defined terms in the Operating Declaration, and both of which are
depicted in the Plat of Survey attached to the recorded Condominium
Declaration, which legal instruments were provided to Lessee for
its review prior to the entry into this Lease.
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Banking and Lending
Institution,
or, in the context of an assignment of this Lease — retail
and/or office uses
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LESSEE (aka
Tenant)
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LESSOR (aka
Landlord)
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Midwest Bank
and Trust Company
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NAME
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2150 I
Corporation
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501 West
North Avenue
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ADDRESS
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1811 W.
North Ave. Suite 401B
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Melrose
Park, Illinois 60160
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CITY
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Chicago,
Illinois 60622
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708-865-2500
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TELEPHONE:
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773-486-5536
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In
consideration of the mutual covenants and agreements herein stated,
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor
solely for the above purpose the premises designated above (the
“Premises”), together with the appurtenances thereto.
for the above Term.
1
LEASE COVENANTS AND
AGREEMENTS
1. RENT . Lessee shall pay Lessor or Lessor’s
agent as rent for the Premises the sum stated above, monthly in
advance, until
termination of this lease, at Lessor’s address stated above
or such other address as Lessor may designate in
writing.
2. WATER, GAS AND ELECTRIC
CHARGES . Lessee will
pay, in addition to the rent above specified, all water rents, gas
and electric light and power bills taxed, levied or charged on the
Premises, for and during the time for which this lease is granted
and in case said water rents and bills for gas. Electric light and
power shall not be paid when due, Lessor shall have the right to
pay the same, which amounts so paid, together with any sums paid by
Lessor to keep the Premises in a clean and healthy condition, as
herein specified, are declared to be so much additional rent and
payable with the installment of rent next due thereafter. The
utilities, other than water, are to be separately metered. The
Lessor represents that those meters have been or will be installed
by Lessor.
3. SUBLETTING; ASSIGNMENT
. The Premises shall not be sublet
in whole or in part to any person other than Lessee, and
Lessee shall not assign this lease without, in each case, the
consent in writing of Lessor first had and obtained which consent
shall not be unreasonably withheld or delayed; nor permit to take
place by any act or default of himself or any person within his
control any transfer by operation of law of Lessee’s interest
created hereby; nor offer for lease or sublease the Premises, nor
any portion thereof, by placing notices or signs of “To
Let,” or any other similar sign or notice in any place, nor
by advertising the same in any newspaper or place or manner
whatsoever without, in each case, the consent in writing of Lessor
first had and obtained which consent shall not be unreasonably
withheld. If Lessee, or anyone or more of the Lessees, if there be
more than one, shall make an assignment for the benefit of
creditors, or shall be adjudged a bankrupt, Lessor may terminate
this lease, and in such event Lessee shall at once pay Lessor a sum
of money equal to the entire amount of rent reserved by this lease
for the then unexpired portion of the term hereby created, as
liquidated damages. This Paragraph is clarified / revised to
accommodate assignments by Lessee to affiliates and to permit
transfers by Lessee due to merger.
4. LESSEE NOT TO MISUSE
. Lessee will not permit any
unlawful or immoral practice, with or without his knowledge or
consent, to be committed or carried on in the Premises by himself
or by any other person. Lessee will not allow the Premises to be
used for any purpose that will increase the rate of insurance
thereon, nor for any purpose other than that hereinbefore
specified. Lessee will not keep or use or permit to be kept or used
in or on the Premises or any place contiguous thereto any flammable
fluids or explosives, without the written permission of Lessor
first had and obtained. Lessee will not load floors beyond the
floor load rating prescribed by applicable municipal ordinances.
Lessee will not use or allow the use of the Premises for any
purpose whatsoever that will injure the reputation of the Premises
or of the building of which they are a part.
5. CONDITION ON POSSESSION.
Lessee has examined and knows the
condition of the Premises and has received the same in good order
and repair, and acknowledges that no representations as to the
condition and repair thereof, and no agreements or promises to
decorate, alter, repair or improve the Premises, have been made by
Lessor or his agent prior to or at the execution of this lease that
are not herein expressed.
6. REPAIRS AND MAINTENANCE
. Lessee shall keep the Premises and
appurtenances thereto in a clean, sightly and healthy condition,
and in good repair, all according to the statutes and ordinances in
such cases made and provided, and the directions of public officers
thereunto duly authorized, all at his own expense, and shall yield
the same back to Lessor upon the termination of this lease, whether
such termination shall occur by expiration of the term, or in any
other manner whatsoever, in the same condition of cleanliness,
repair and sightliness as at the date of the execution hereof,
reasonable wear and tear excepted. Lessee shall make all necessary
repairs and renewals upon Premises and replace broken globes, glass
and fixtures with material of the same size and quality as that
broken and shall insure all glass in windows and doors of the
Premises at his own expense. If, however, the Premises shall not
thus be kept in good repair and in a clean, sightly and healthy
condition by Lessee, as aforesaid, Lessor may enter the same,
himself or by his agents, servants or employees, without such
entering causing or constituting a termination of this lease or an
interference with the possession of the Premises by Lessee, and
Lessor may replace the same in the same condition of repair,
sightliness, healthiness and cleanliness as existed at the date of
execution hereof, and Lessee agrees to pay Lessor, in addition to
the rent hereby reserved, the expenses of Lessor in thus replacing
the Premises in that condition. Lessee shall not cause or permit
any waste, misuse or neglect of the water, or of the water, gas or
electric fixtures. Lessee shall not be required to repair or
replace structural components of the premises, any exterior
components of the premises, nor be responsible for the replacement
or major repair of any utility system.
7. ACCESS TO PREMISES
. Lessee shall allow Lessor or any
person authorized by Lessor free access to the Premises for the
purpose of examining or exhibiting the same, or to make any repairs
or alterations thereof which Lessor may see fit to make, and Lessee
will allow Lessor to have placed upon the Premises at all times
notices of “For Sale” and “For Rent”, and
Lessee will
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not interfere
with the same; provided, however, such activity by the Lessor shall
not interfere with the business of Lessee. Notwithstanding the
above to the contrary: security needs of the Lessee will not allow
the Lessor to have pass keys. [However, Lessee nevertheless
agrees to provide access to Lessor for purposes of showing the
Premises to prospective new tenants in those circumstances in which
Lessee has: (a) vacated/abandoned the Premises; and/or
(b) failed to timely exercise its renewal option.
8. NON-LIABILITY OF LESSOR.
Except as provided by Illinois
statute, Lessor shall not be liable to Lessee for any damage or
injury to him or his property occasioned by the failure of Lessor
to keep the Premises in repair, and shall not be liable for any
injury done or occasioned by wind or by or from any defect of
plumbing, electric wiring or of insulation thereof, gas pipes,
water pipes or steam pipes, or from broken stairs, porches,
railings or walks, or from the hacking up or any sewer pipe or
down-spout, or from the bursting, leaking or running of any tank,
tub, washstand, water closet or waste pipe, drain, or any other
pipe or tank in, upon or about the Premises or the building of
which they are a part nor from the escape or steam or hot water
from any radiator, it being agreed that said radiators are under
the control of Lessee, , , nor for any damage or injury arising
from any act, omission or negligence of co-tenants or of other
persons, occupants of the same building or of adjoining or
contiguous buildings or of owners of adjacent or contiguous
property, , all claims for any such damage or injury being hereby
expressly waived by Lessee.
9. RESTRICTIONS (SIGNS, ALTERATIONS,
FIXTURES). Lessee shall
not attach, affix or exhibit or permit to be attached, affixed or
exhibited, except by Lessor or his agent, any articles of permanent
character or any sign, attached or detached, with any writing or
printing thereon, to any window, floor, ceiling, door or wall in
any place in or about the Premises, or upon any of the
appurtenances thereto, without in each case the written consent of
Lessor first had and obtained, which consent shall not be
unreasonably withheld; and shall not commit or suffer any waste in
or about said premises; and shall make no changes or alterations in
the Premises by the erection of partitions or the papering of
walls, or otherwise, without the consent in writing of Lessor,
which consent shall not be unreasonably withheld; and in case
Lessee shall affix additional locks or bolts on doors or window, or
shall place in the Premises lighting fixtures or any fixtures of
any kind, without the consent of Lessor first had and obtained,
such locks, bolts and fixtures shall remain for the benefit of
Lessor, and without expense of removal or maintenance to Lessor.
Lessor shall have the privilege of retaining the expense if he
desires. If he does not desire to retain the same, he may remove
and store the same, and Lessee agrees to pay the expense of removal
and storage thereof. The provisions of this paragraph shall not
however apply to Lessee’s trade fixtures, equipment and
movable furniture. Notwithstanding any other provisions in this
Lease (including any riders, exhibits or addenda hereto), the
Lessor’s consent as to proposed signage by Lessee shall be
within Lessor’s sole and absolute and unfettered
discretion.
10. HEAT . Intentionally Deleted.
11. FIRE AND CASUALTY
. In case the Premises shall be
rendered untenantable by fire, explosion or other casualty, and
Lessor estimates that the repairs will take longer than
120 days, then either Lessor or Lessee shall be entitled to
terminate the Lease upon written notice to the other. Lessor will
notify Lessee of estimated repair time in writing within
30 days following the casualty. If the casualty occurs within
the final 6 months of the Lease term(s), then Lessee shall
have the right to terminate the Lease.
12. TERMINATION; HOLDING OVER
. At the termination of the term of
this lease, by lapse of time or otherwise, Lessee will yield up
immediate possession of the Premises to Lessor, in good condition
and repair, loss by fire and ordinary wear excepted, and will
return the keys therefor to Lessor at the place of payment of rent.
If Lessee retains possession of the Premises or any part thereof
after the termination of the term by lapse of time or otherwise,
then Lessor may at its option within thirty days after termination
of the term serve written notice upon Lessee that such holding over
constitutes either (a) renewal of this lease for one year, and
from year to year thereafter, 15% rental (computed on an annual
basis) specified in Section I, or (b) creation of a month
to month tenancy, upon the terms of this lease except at double the
monthly rental specified in Section 1, or (c) creation of
a tenancy at sufferance, at a per day rental amount equal to 1.5
times more than the most recently effective lease rental amount,
for the time Lessee remains in possession. If no such written
notice is served then a tenancy at sufferance with rental as stated
at (c) shall have been created. Lessee shall also pay to
Lessor all damages sustained by Lessor resulting from retention of
possession by Lessee. The provisions of this paragraph shall not
constitute a waiver by Lessor of any right of re-entry as
hereinafter set forth; nor shall receipt of any rent or any other
act in apparent affirmance of tenancy operate as a waiver of the
right to terminate this lease for a breach of any of the covenants
herein.
13. LESSOR’S REMEDIES
. If Lessee shall vacate or abandon
the Premises or permit the same to remain vacant or unoccupied
for a period of thirty (30 calendar days, and same is coupled with
the non-payment of the rent reserved hereby, or any part thereof,
or a material breach of another covenant in this lease contained,
then Lessee’s right to the possession of the Premises
thereupon shall terminate. The acceptance of rent ( WHICH IS
LESS THAN THE FULL AMOUNT(S) DUE ), whether in a single
instance or repeatedly, after it falls due, or after knowledge of
any breach hereof by Lessee, or the giving or making of any notice
or demand, whether according to any statutory provision or not, or
any act or series of acts except an express written waiver,
shall
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not be
construed as a waiver of Lessor’s rights to act ( WITH
notice and demand), or of any other right hereby given Lessor, or
as an election not to proceed under the provisions of this lease.
Nowithstanding the above to the contrary , while there is no
written notice required or cure period afforded for monetary late
payments, by contrast, as to non-monetary defaults , thirty
(30) calendar days shall be provided to allow Lessee to cure
any non-monetary default — EXCEPT however in those instances
where Lessee’s non-monetary default would pose a dangerous
and hazardous condition and/or involve a remediation of a more
urgent nature.
14. RIGHT TO RELET. If Lessee’s right to the possession of the
Premises shall be terminated in any way, the Premises, or any
part thereof, may, but need not (except as provided by Illinois
statute and as provided by the common law duty to mitigate
damages), be relet by Lessor, for the account and benefit of
Lessee, for such rent and upon such terms and to such person or
persons and for such period or periods as may seem fit to the
Lessor, but Lessor shall not be required to accept or receive any
tenant offered by Lessee, nor to do any act whatsoever or exercise
any diligence whatsoever, in or about the procuring of any care or
diligence by Lessor in the reletting thereof; and if a sufficient
sum shall not be received from such reletting to satisfy the rent
hereby reserved, after paying the expenses of reletting and
collection, including commissions to agents, and including also
expenses of redecorating. Lessee agrees to pay and satisfy all
deficiency; but the acceptance of a tenant by Lessor, in place of
Lessee, “hall not operate as a cancellation hereof, nor to
release Lessee from the performance of any covenant, promise or
agreement herein contained, and performance by any substituted
tenant by the payment of rent, or otherwise, shall constitute only
satisfaction pro tanto of the obligations of Lessee arising
hereunder.
15. COSTS AND FEES. Each party shall be obligated for its own costs,
charges and expenses, including fees of attorneys, agents and
others retained by such party, incurred in enforcing any of its
rights under this lease or in any litigation, negotiation or
transaction.
16. CONFESSION OF JUDGMNET.
Intentionally Deleted.
17. LESSOR’S LIEN.
[Intentionally deleted.]
18. REMOVAL OF OTHER LIENS.
In event any lien upon
Lessor’s title results from any act or neglect of Lessee, and
Lessee
fails to remove, or initiate actions to cause the removal of, said
lien within ten days after Lessor’s notice to do so, Lessor
may remove the lien by paying the full amount thereof or otherwise
and without any investigation or contest of the validity thereof,
and Lessee shall pay Lessor upon request the amount paid out by
Lessor in such behalf, including Lessor’s costs, expenses and
counsel fees.
19. REMEDIES NOT EXCLUSIVE.
The obligation of Lessee to pay the
rent reserved hereby during the balance of the term
hereof, or during any extension hereof, shall not be deemed to be
waived, released or terminated, by the service of any five-day
notice, other notice to collect, demand for possession, or notice
that the tenancy hereby created will be terminated on the date
therein named, the institution of any action of forcible detainer
or ejectment or any judgment for possession that may be rendered in
such action, or any other act or acts resulting in the termination
of Lessee’s right to possession of the Premises. The Lessor
may collect and receive any rent due from Lessee, and payment OF
LESS THAN THE FULL AMOUNT(S) DUE or receipt thereof shall not
waive or affect any such notice, demand, suit or judgment, or in
any manner whatsoever waive, affect, change, modify or alter any
rights or remedies which Lessor may have by virtue hereof,
EXCEPT AS THE PARTIES MAY OTHERWISE EXPRESSLY AGREE TO IN
WRITING .
20. NOTICES. Notices may be served on either party, at the
respective addresses given at the beginning of this lease, either
(a) by delivering or causing to be delivered a written copy
thereof, or (b) by sending a written copy thereof by United
States certified or registered mail, postage prepaid, addressed to
Lessor or Lessee at said respective addresses in which event the
notice shall be deemed to have been served at the time the said
notice is accepted, or not accepted, as applicable. Notices that
have any legal import shall also be copied in like manner to the
respective attorneys for both parties, to wit: Stephen
Malato , of Hinshaw & Culbertson, for Lessee; and John
Lovestrand , of Palmisano & Lovestrand, for
Lessor.
(a) Provisions typed on this lease and all
riders attached to this lease and signed by Lessor and Lessee are
hereby made a part of this lease.
(b) [Intentionally deleted; not
applicable].
(c) All
covenants, promises, representations and agreements herein
contained shall be binding upon, apply and inure to the benefit of
Lessor and Lessee and their respective heirs, legal, successors and
assigns.
(d) The
rights and remedies hereby created are cumulative and the use of
one remedy shall not be taken to exclude or waive the right to the
use of another.
(e) The
words “Lessor” and “Lessee” wherever used
in this lease shall be construed to mean Lessors or Lessees in all
cases where
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there is more
that one Lessor or Lessee, and to apply to individuals, male or
female, or to firms or corporations, as the same may be described
as Lessor or Lessee herein, and the necessary grammatical changes
shall be assumed in each case as though fully expressed. If there
is more than one Lessee the warrant of’ attorney in paragraph
16 is given and severally and shall authorize the entry of
appearance or, and waiver of issuance of process and trial by jury
by, and confession of judgment against any one or more of such
Lessees, and shall authorize the performance of every other act in
the name of and on behalf of anyone or more of such
Lessees.
22. SEVERABILITY. If any clause, phrase, provision or portion of
this lease or the application thereof to any person or circumstance
shall be invalid, or unenforceable under applicable law, such
evel1t shall not affect, impair or render invalid or unenforceable
the remainder of this lease nor any other clause, phrase, provision
or portion hereof, nor shall it affect the application
of any clause, phrase, provision or portion hereof to other persons
or circumstances.
23. RIDER. The Rider attached hereto is incorporated herein
by reference as though more full made a part hereof. In the event
of any inconsistency between the above and foregoing terms and
provisions of this form Store Lease and the Rider attached hereto,
the Rider (including any Exhibit(s) attached thereto) shall
supersede and control. The Store Lease and the Rider shall
sometimes hereinafter be collectively referred to as the
“Lease”.
WITNESS the
hands of the parties hereto, as of the Date of Lease stated
above.
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LESSOR (aka
Landlord):
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Midwest Bank
and Trust Company, an
Illinois banking corporation
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2150 I
Corporation , an Illinois
corporation
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By:
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By:
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Its: Executive Vice President
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to be completed & signed if
and when applicable
On this
, 20
, for value received, Lessor hereby transfers, assigns and sets
over to
, all right, title and interest in and to the above Lease and the
rent thereby reserved, except rent due and payable prior to
, 20
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