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This statement with the information it contains is given with the understanding that all negotiations relating to the purc...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Commercial Real Estate Services, Worldwide.
Utah
Creating and preserving real estate values.
TM
343 East 500 South | Salt ...
Lease Abstract
Date: 3-Apr-08
Tenant 1.01
Shopping Center 1.01
Location 1.01
Landlord 1.01
Notice Address
Tenant:
Diana Ca...
Lease Abstract
Date: 3-Apr-08
Tenant 1.01
Shopping Center 1.01
Location 1.01
DentalCare Partners, Inc.
Hickory Promenade
H...
Lease Abstract
Date: 4-Apr-07
Tenant Recitals
Shopping Center 1.01
Location 1.01
Landlord 1.01
Notice Address 1.01
Trade N...
Lease Abstract
Date: 4-Apr-07
Tenant Recitals
Shopping Center 1.01
Location 1.01
Direct General Insurance Agency of North ...
Lease Abstract
Date: 4-Mar-08
Tenant 1.01
Shopping Center 1.01
Location 1.01
Landlord 1.01
Notice Address
Tenant:
Greg Guy...
Lease Abstract
Date: 4-Mar-08
Tenant 1.01
Shopping Center 1.01
Location 1.01
RGD4U Corp.
Hickory Promenade
Hickory, NC
Use...
Lease Abstract
Date: 14-May-07
Tenant Recitals
Shopping Center 1.01(l)
Store Number
Location 1.01(l)
Shopping Center S.F. ...
Lease Abstract
Date: 14-May-07
Tenant Recitals
Shopping Center 1.01(l)
Store Number
Location 1.01(l)
Shopping Center S.F. ...
Lease Abstract
Date: 14-May-07
Tenant Recitals
Shopping Center 1.01(l)
Store Number
Location 1.01(l)
Shopping Center S.F. ...
Lease Abstract
Date: 17-Mar-06
Tenant Recitals
Shopping Center 1.(A)
Store Number
Location 1.(A)
Shopping Center S.F. 1.(A...
Lease Abstract
Date: 17-Mar-06
Tenant Recitals
Shopping Center 1.(A)
Store Number
Location 1.(A)
Shopping Center S.F. 1.(A...
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Hickory Promenade Package

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Hickory Promenade Package

  1. 1. This statement with the information it contains is given with the understanding that all negotiations relating to the purchase, renting or leasing of the property described above shall be conducted through this office. The information contained while not guaranteed has been secured from sources we believe to be reliable. Hickory Promenade Hickory, NC AGENTSEli Mills2 - Packages, covers, TOCHickory Promenade This statement with the information it contains is given with the understanding that all negotiations relating to the purchase, renting or leasing of the property described above shall be conducted through this office. The above information while not guaranteed has been secured from sources we believe to be reliable. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com contact Eli Mills, CCIM direct 801.578.5505 emills@naiutah.com Tucker White, MBA direct 801.578.5507 twhite@naiutah.com Zach Hartman, CCIM direct 801.746.4719 zhartman@naiutah.com Jeffrey K. Mullis, CCIM direct 704.759.3800 ext. 30 jeff.mullis@svn.com Sperry Van Ness
  2. 2. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Sale Price: $3,800,000 1 2 5 3 6 7 4 8 Executive Summary Property Specifics Charlotte/Hickory, North Carolina Area Information Rent Roll/Financial Summary Site Plans Aerial/Pictures Market Information Lease Abstracts Hickory Promenade Hickory, NC
  3. 3. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Executive Summary NAI Global is pleased to offer for sale Hickory Promenade in Hickory, NC. A newly constructed 15,523 square foot retail center, it is strategically located in the heart of the regional retail destination of six counties with a growing population of 385,000. Hickory Promenade has an exceptional location, excellent ingress and egress, and immediate proximity to other major retail draws. Hickory Promenade is shadow anchored by a high producing Super Wal-Mart and is located directly across the street from the main entrance to Catawba Valley Community College. In close proximity are the Hickory Furniture Mart, a unique mix of over 100 factory outlets, stores, shops and galleries offering home furnishings, accessories, lighting, art, fine rugs, and fabrics, and Valley Hills Mall, a 900,000 SF Mall comprised of 90 specialty stores and carts, 11 food court retailers, a sit-down restaurant, and anchored by four department stores, Belk, Dillard’s, JC Penney, and Sears. The breadth of retail sales in this market is stout and strong. Within a 5 minute drive time of the site there were $600 Million in 2007 retail sales. The MSA had $4 Billion. Within the Charlotte economic development region, the Hickory-Morganton-Lenoir MSA is the 4th largest in the State. The region continues to be one of the healthiest economically in the country. Hickory Metro area has been named the 10th Best Place to live and raise a family in the United States by Reader’s Digest. Business North Carolina magazine also reported that the area’s largest city, Hickory, is the 8th best city in the state for quality of life. Forbes Magazine rated the Hickory Metro area 3rd in the nation for lowest business costs. Southern Business & Development ranked Catawba County the top mid-market in North Carolina in their list of the “Top 250 Best Places in the South to Locate Your Company.” Hickory Promenade is located with frontage along Highway 70, near I-40 exit 126. McDonald Parkway has recently been constructed nearby. Also known as the Eastside thoroughfare, this 4 lane divided highway makes the site more accessible to people living to the north. Hickory Promenade is easily accessible to customers traveling from all directions. The center is shadow anchored by Super Wal-Mart and is currently 70% occupied. Tenants represent a quality mix of uses and include: Subway, Sprint, Dental Care Partners, Sign-A-Rama, and Direct Auto Insurance. Price: $3,800,000 Net Operating Income (pro-forma): $303,762 CAP Rate: 7.99% Assumable Debt: None.
  4. 4. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC The Seller will place in escrow the following cash reserves at the time of close for the Buyers use: - A 3 year rent credit* for a vacancy of 7,754 square feet with an annual rent of $21.00 per square foot for a total rent credit of $299,502. - A tenant improvement allowance of $21.00 per square foot for a total of $47,540. - A 6% leasing commission on the vacant space on a 3 year lease for the amount of $17,970. - A total buyer cash reserve of $365,012. *An amount equal to the monthly rent at the quoted rate shall be paid monthly to the Buyer for the vacant space (operating expenses are not included in the rent guarantee). The Buyer may give as much as a 6 month rent credit to a new tenant and the remainder, if any, shall be returned to the Seller at the time the property is leased.
  5. 5. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Property Specifics Hickory Promenade is located with frontage along Highway 70, near I-40 exit 126. McDonald Parkway has recently been constructed nearby. Also known as the Eastside thoroughfare, this 4 lane divided highway makes the site more accessible for the populations to the north. Hickory Promenade is easily accessible to customers traveling from all directions. The property is also shadow anchored by Super Wal-Mart and is near Valley Hills Mall, The Hickory Furniture Mart, and Catawba Valley Community College. Tenants represent a quality mix of uses and include: Subway, Sprint, Dental Care Partners, Sign-A-Rama, and Direct Auto Insurance. Built in 2005, this center has the curb appeal of new construction, and invites customers inside with eye catching colors and smooth exterior finishes. Square Footage: 15,600 SF Land Size (acres): 1.39 Year Built: 2005 Lease Type: NNN Occupancy: 70% Number of Buildings: 1 Traffic Counts: US 70: 20,000 (AADT) Mcdonald Parkway: 22,000 (AADT) I-40: 63,000 (AADT)
  6. 6. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Rent Roll Tenant LED SF Rate/Yr. (NNN) Monthly Rent Ann.Rent Rent Increases Lease Type Options Subway 6/15/2011 1,520 $21.00 $2,660 $31,920 NNN 2-5 year options Sprint 1/31/2012 3,000 $22.00 $5,500 $66,000 NNN 2-5 year options Sign A Rama 6/1/2013 1,440 $23.00 $2,760 $33,120 NNN 1-5 year option Direct Auto Insurance6/1/2012 1,600 $21.00 $2,800 $33,600 NNN 1-5 year option Dental Care Partners9/1/2018 3,209 $21.00 $5,616 $67,389 NNN 2-5 year options Vacant 4,754 $21.00 $8,320 $99,834 NNN Totals 15,523 $21.50 $27,655 $331,863 Financial Summary Total Rents & CAMs (pro-forma) $331,863 Vacancy (5%) $(16,593) Management (3%) $(9,956) Reserves ($.10/SF) $(1,552) Net Operating Income (pro-forma) $303,762
  7. 7. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Market Information The local retail market located within the immediate trade area is comprised of 13 buildings (excluding single tenant) totaling 1.5M SF of space with a 5% vacancy rate. The face rent for comparable properties is in the mid $20 PSF range. The recent redevelopment of Valley Corners Shopping Center absorbed over 100,000 SF with tenants such as PetSmart and Circuit City. There is no new construction of any significance in the pipeline.
  8. 8. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Overview The site is located in Hickory, NC within close proximity of Hickory Metro Convention Center, Valley Hills Mall, Hickory Furniture Mart, CVCC and the Hickory Speedway. Hickory is Catawba County’s largest city. Catawba County and Hickory, NC are located in Western part of North Carolina situated in the foothills of the Blue Ridge Mountains. The official elevation of the county is 1140 feet and is one hour east of the Mountains and 4½ hours west of the Atlantic Ocean. Neighborhood Retail Development Catawba County has challenging places to work, low cost of living, diverse cultures, vast array of recreational opportunities, arts and culture and an unparalleled lifestyle. It is an ideal place to live, work, play, raise a family and retire. Catawba County is only one hour from Charlotte, NC. The Charlotte region continues to be one of the bright spots for real estate development. House prices increased 4.3% last year, downtown office vacancy is the lowest in the nation, and the weakened dollar is a positive for the manufacturing base of the area. This site will enjoy high barriers to entry once entitled. Restrictions are in place for the surrounding areas such that lot sizes must be 1 acre or larger. Transportation Catawba County’s proximity to interstate access makes it a prime location for business. Interstate-40 runs east to west through Catawba County. Accessible via US Highway 321, Interstate-85 is reachable in approximately 30 minutes. Interstate-77 is also reachable in 30 minutes via Interstate-40. Catawba County businesses are served by Norfolk Southern Railway Company providing freight service to all major eastern ports, including North Carolina’s two ports in Wilmington and Morehead City. Economic Development Catawba County continues to maintain its position as a strong economic region because it excels in providing, both new and relocating business and industry with an excellent infrastructure, access to a productive labor force, expansion/location incentives, outstanding technology and training, and proximity to a vast number of suppliers. This region, selected twice by Inc. Magazine as one of America’s top entrepreneurial areas for both traditional and high tech industries, offers businesses with the necessary tools to excel in a world-class business environment. INC. Magazine has twice named the Hickory, North Carolina Metropolitan Statistical Area as one of the top entrepreneurial areas in America in both traditional industries and high-tech which makes relocating to Hickory, North Carolina a wise choice.
  9. 9. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Site Selection magazine has named North Carolina the Best Business Climate in America for the third consecutive year. Business North Carolina magazine ranked Hickory/Catawba County as having the second-best business environment of the state’s 50 largest communities. Key factors in building this type of reputation include the area’s unparalleled support of new and small businesses and one of our nation’s best public-private sector partnerships supporting local businesses and industries. If you plan to make a business investment in Catawba County, it will be a sound and profitable choice. This region has a proven portfolio with outstanding returns. Source: Catawba County Chamber of Commerce: Economic Development Dept.
  10. 10. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC
  11. 11. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC SITE SITE
  12. 12. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC
  13. 13. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC
  14. 14. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Sprint www.sprint.com Lease signed by United Telephone Company of the Carolinas, Inc. Sprint Nextel offers a comprehensive range of wireless and wireline communications services bringing the freedom of mobility to consumers, businesses and government users. Sprint Nextel is widely recognized for developing, engineering and deploying innovative technologies, including two wireless networks serving nearly 52 million customers at the end of the second quarter 2008; industry-leading mobile data services; instant national and international push-to-talk capabilities; and a global Tier 1 Internet backbone. Sign A Rama www.signarama.com Lease signed by RGD4U Corp. SIGNARAMA, the world’s largest sign franchise, is part of a successful system of business-to-business franchises under United Franchise Group. Our award-winning network of sign centers includes more than 850 locations in 50 countries – truly making us “where the world goes for signs.” For more than 20 years we have been serving communities with quality products and customer service. Now that we have grown to become the world leader in signage, we still work hard to maintain the localized support and individual attention that made us who we are today. Our commitment to quality is unmatched in the industry. We know the importance of brand awareness and the affect it has on the bottom line. Signage plays an integral part in the recognition of a brand and therefore quality is imperative. At SIGNARAMA, we believe in going the extra mile to produce more than just quick, standard signage. Each and every SIGNARAMA sign center offers full-service signage options that you simply cannot get anywhere else. Whether one sign or hundreds, temporary banners or permanent monument signs, we are committed to providing an exceptional experience for every customer each and every time. Tenant Profiles Subway www.subway.com Lease signed by Subway Real Estate Corp. In the year 2008, the SUBWAY® chain entered its 43rd year of operation. It is the world’s largest submarine sandwich chain with more than 28,000 restaurants in 86 countries. As a matter of fact, the SUBWAY® chain operates more units in the US, Canada and Australia than McDonald’s® does. Countless awards and accolades have been bestowed upon SUBWAY founder, Fred DeLuca and the SUBWAY® chain over the past 40 years. The SUBWAY® name and its products have even appeared in numerous television and motion picture productions. Not bad for a seventeen-year-old kid from “the projects”!
  15. 15. Commercial Real Estate Services, Worldwide. Utah Creating and preserving real estate values. TM 343 East 500 South | Salt Lake City, UT 84111 Office 801.578.5555 | Fax 801.578.5500 www.naiutah.com Hickory Promenade Hickory, NC Tenant Profiles Direct Auto Insurance www.direct-general.com Lease signed by Direct General Insurance Agency of North Carolina Direct General Corporation is a privately owned insurance holding company headquartered in Nashville Tennessee that provides personal lines insurance and insurance related products directly to the customer through a network of neighborhood offices throughout twelve states in the southeastern United States. The Corporation consists of a group of companies providing insurance, premium finance and agency services to its clients. Management believes that this consolidation and the automated integration opportunities gives it a competitive advantage to their customer in the products and services which are provided. Dental Care Partners www.dcpartners.com Lease signed by DentalCare Partners, Inc. One of the first dental services companies, DentalCare Partners (DCP) is also one of the largest. Established by Dr. Edward H. Meckler in 1981, DCP is a thriving enterprise with more than 70 Sears Dental and DentalWorks offices in nine states generating annual revenues in excess of $100 million. Yet even as we continue to expand our horizons, we remain true to Dr. Meckler’s original mandate: to make professional dental care available, accessible and affordable to all. For the past 25 years, DentalCare Partners (DCP) has given dental professionals the freedom and the support to reach their goals and realize their potential. For dentists, DCP offers the chance to focus on treating patients without the expenses and uncertainties of managing and marketing a private practice. Our innovative Doctor Partnership Program allows qualified doctors to reap the rewards of our success by participating in equity ownership and profit sharing. For hygienists, support staff and administrative personnel, DCP provides unlimited opportunities for career advancement and personal achievement. A leading force in the field of dental services management, DCP currently operates more than 70 Sears Dental and DentalWorks offices in major metro areas throughout the Southeast and Midwest. Never ones to rest on our laurels, we continue to pursue new avenues of growth, branch out into new markets and invest in new technologies and training.
  16. 16. Lease Abstract Date: 3-Apr-08 Tenant 1.01 Shopping Center 1.01 Location 1.01 Landlord 1.01 Notice Address Tenant: Diana Carraher DentalCare Partners, Inc. 5875 Landerbrook Drive, Suite 250 Mayfield Heights, OH 44124 T: 440-684-6940 Landlord: LCG Hickory, LLC 1850 Sidewinder Drive, 2nd Fl. Park City, UT 84060 Trade Name 1.01 Premises (S.F.) 1.01 3,209 Premises, Unit Number Date, Lease Execution Date, Land Acquisition 24.21 Date, Finance Acquisition 24.21 Date, Construction Date, Delivery Notice 2.03 Date, Delivery 2.03 Date, Penalty #1 2.03 Date, Penalty #2 3.03 Tenant Termination Right 24.24 Right to Cease Operations 6.07 ACTUAL Delivery Date Date, Expiration 1.01 Date, Renewal Notice #1 3.04 Date, Renewal Notice #2 Date, Rent Commencement 1.01 ACTUAL Rent Commencement Date Term, Initial 1.01 Term, Option #1 3.04 Term, Option #2 5 years 1.01 Years Rent/S.F. Rent/Month Rent/Year 1.01 1-5 $21.00 $5,615.75 $67,389.00 1.01 6-10 $23.10 $6,177.33 $74,127.90 1.01 Option 11-15 $26.57 $7,105.26 $85,263.13 1.01 Option 15-20 $30.56 $8,172.25 $98,067.04 Rent Abatement 10.04 Rent, Percentage 4.05 Rent, Late Fee 4.01 Rent, Additional 4.03 CAM 1.01(n), 7.06, 7.07 CAM Payment Due 7.08 Real Estate Tax 5.01 5.02 and 1.01(n)(2) Landlord's Insurance Requirement 9.04 Landlord's Insurance Reimbursement 1.01(n)(3) Rent, Minimum Copy to: David G. Slezak, Esq., General Counsel DentalCare Partners, Inc. 5875 Landerbrook Drive, Suite 250 Mayfield Heights, OH 44124 T: 440-684-6940 1) Tenant can terminate the lease if it is unable to procure permits within 60 days of the effective date of the lease. Tenant must give notice on or before the 61st day. 2) Tenant can terminate the lease if within 30 days of lease execution they discover property is not zoned for their type of business. Landlord shall maintain a policy covering 100% of the replacement cost, standard form fire and extended coverage insurance and against sprinkler damage, vandalism and malicious mischief and Commercial General Liability insurance of $2,000,000. 10/1/2008: Termination 30-Jun-08 9/1/2008: 1:1 Free Rent The last day of the 120th month after the Rent Commencement Date. 180 days before the lease Expiration Date. 120 days after the Delivery Date 181 days before the lease Expiration Date. Tenant has the right to cease operations at its sole discretion, provided Tenant be required to open for business for at least 1 day. In the event Tenant ceases doing business for more then 30 consecutive days, Landlord has the option to terminate the lease upon 60 days notice to Tenant. This does not diminish Tenant's obligations under the lease, such as paying rent. DentalWorks 2 days prior to delivery. DentalCare Partners, Inc. Hickory Promenade Hickory, NC LCG Hickory, LLC 1-Apr-08 n/a n/a n/a 10 years Tenant must pay proportionate share of Real Estate taxes, estimated to be $0.40/SF. To be paid as Additional Rent in equal monthly installments, first installment due at the same time as first Minimum Rent payment. 5 years Proportionate share of common areas costs. Shall not increase more than 5% cumulatively during the initial term or any option period. Estimated CAM charges are $1.40/SF. Equal monthly installments, first installment due at same time as first Minimum Rent payment, or any other time as the Landlord may decide. Tenant must pay proportionate share of Landlord's insurance costs, estimated to be $0.90/SF. To be paid as part of the CAM Payment in equal monthly installments, first installment due at same time as first Minimum Rent payment. n/a All sums of money or charges of any nature (except Minimum Rent) required to be paid by Tenant pursuant to the Lease. If Tenant is 10 days late in paying rent, charge is the greater of $150 or 5% of unpaid rent plus interest. Rent is due on the first day of the month, and the first rent payment is due on the Minimum Rent Commencement Date. Minimum Rent, Additional Rent and other charges payable by Tenant shall be abated in proportion to untenantability sustained by Tenant until Premises are restored for Tenant's business, in the event Premises are rendered untenantable by damage or destruction pursuant to sections 10.02 or 10.03.
  17. 17. Lease Abstract Date: 3-Apr-08 Tenant 1.01 Shopping Center 1.01 Location 1.01 DentalCare Partners, Inc. Hickory Promenade Hickory, NC Management Fee 7.06(a) Administrative Fee 7.06(a) Tenants Insurance 9.03 Use, Permitted 1.01(d) Use, Exclusive 6.02 Signage 23.01(b) Utility Transfer 2.04 Obligation to Report Sales 24.12 Security Deposit 25.16 Broker's Commission 1.01(h) and 24.17 Parking 7.03 Co-Occupancy 2.08 Sales Performance TI Allowance Exhibit C Tenant Reimbursements CAM Reconciliation Date 7.09 Tax Reconciliation Date 5.03 Sales Tax Exempt Status Amendment Other Delivery Condition Exhibit C Abstractor: LCG Deal maker: LCG Legal: Other Party Legal: Ineke Kuijpers Jeff Valiquett Brian Barr Ryan Rivchun, Dinn, Hochman & Potter LLC As-Is, except for following items provided by Landlord: electrical panel, HVAC, and demising wall. n/a n/a 10% of Common Area Costs, including insurance and utility services and excluding taxes. For the conduct of 1) general dentistry, 2) sales of dental products, and/or 3) dental laboratory services and for not other purpose without Landlord's consent. Tenant shall provide Landlord with its gross revenue, operating statements and balance sheet for the preceding three fiscal years upon Landlord's request. None General Public Liability Insurance of $2,000,000 aggregate and Workers Compensation Insurance. Tenant shall give Landlord the insurance certificate within 10 days of delivery of possession of the Premises. Tenant shall have access to at least 1) 5 parking spaces per 1,000 SF, and 2) the minimum amount of spaces required by code. Tenant has the right to either terminate the lease or to a rent abatement, if Wal-Mart fails to open for more than 30 days, and/or if less than 50% of the Shopping Center is unoccupied. $67,389 Within 120 days after the end of each Calendar Year, Landlord will send Tenant a summary of CAM costs paid by Landlord during the Lease year. Landlord will reimburse Tenant for any overpayment of CAM costs within 15 days. Tenant will reimburse landlord for any underpayment of CAM costs within 30 days. Landlord will terminate utility services within 5 days of Delivery Date. Tenant will initiate utility services before Landlord terminates services. Within 120 days after Landlord receives the last annual Real Estate Tax bill of the Lease Year, Landlord will send Tenant notice of Tenant's proportionate share. Tenant or Landlord will reimburse the other for any underpayment or overpayment of taxes within 30 days. Landlord agrees to not lease or sublease to any tenant within the Shopping Center whose use would be same as Tenant's pursuant to Section 1.01(d). Tenant must advertise on Landlord pylon sign and pay pro rata share of construction and installation costs 30 days after installation but not before Rent Commencement Date. Panel size and location to be determined by Landlord in its reasonable discretion. None. James A. Raines, Jr.: 4% of base rent over the 10 year lease term, 1/2 payable within 30 days of the later of 1) lease execution, and 2) Landlord's commencement of construction, and 1/2 payable within 30 days of Tenant opening for business and paying rent.
  18. 18. Lease Abstract Date: 4-Apr-07 Tenant Recitals Shopping Center 1.01 Location 1.01 Landlord 1.01 Notice Address 1.01 Trade Name 1.01 Franchise or Corporate Structure Premises (S.F.) 1.01 Tenant's Proportionate Share 1.01 Premises, Unit Number Date, Lease Execution Date, Land Acquisition 24.21 Date, Finance Acquisition 24.21 Date, Construction Start Date, Delivery Notice 2.03 Date, Delivery 2.03 Date, Penalty #1 2.03 Delivery, Blackout Dates ACTUAL Delivery Date Date, Expiration 1.01 Date, Renewal Notice #1 3.04 Date, Renewal Notice #2 3.04 Date, Rent Commencement 1.01 ACTUAL Rent Commencement Date Term, Initial 1.01 Term, Option #1 3.04 Term, Option #2 3.04 1.01 Years Rent/Year Rent/Month Rent/Per Sq Ft Annual % Change 1.01 1-5 $33,600.00 $2,800.00 $21.00 1.01 Option 6-10 $37,632.00 $3,136.00 $23.52 12.00% Rent, Late Fee 4.01 Rent, Percentage Rent, Additional 4.03 CAM 7.07 CAM Payment Due 7.08 Real Estate Tax 5.01 5.02 Administrative Fee #1 7.06 Administrative Fee #2 7.06 Intentionally omitted. All sums of money of any nature required to be paid by Tenant pursuant to the Lease. The earlier of i) 60 days after the Delivery Date, or (ii) the date Tenant opens for business to the public. 5 years If rent payment is 10 or more days late, Tenant pays the greater of $150 or 5% of unpaid rent plus interest. N/A 4% of Minimum Rent. Rent, Minimum Tenant shall pay proportionate share of Real Estate Taxes, estimated to be $0.29 psf, for the first year. To be paid as Additional Rent in equal monthly installments, first installment due at same time as first Minimum Monthly Rent. If to Landlord: LCG Hickory, LLC Attn: Legal Department 1850 Sidewinder Drive, 2nd Floor Park City, UT 84060 Phone: (435) 214-5555 Direct Insurance and Direct Auto Insurance 4-Apr-07 Intentionally omitted. Intentionally omitted. 2 days prior to delivery. N/A Corporate. Direct General Insurance Agency of North Carolina Hickory Promenade Hickory, NC LCG Hickory, LLC 1,600 9.75% If to Tenant: Direct General Corp. Department 5-20 Facilities Services 1281 Murfreesboro Road, 5-20 Nashville, TN 37217 Phone: (800) 330-4541 x2723 email: Adrienne.Chapman@directgeneral.com Delivery date estimated to be June 1, 2007. Landlord does not deliver by September 1, 2007, then Tenant can terminate. 60 months from the Rent Commencement Date. 180 days prior to the expiration of the Primary Term. Tenant must pay proportionate share of CAM, estimated to be $1.23 psf, for the first year. Tenant's proportionate share of common areas cost shall not increase more than 10% cumulatively during the primary term or any option period. If increase in the CAM is less than 10%, the difference is added to the Common Areas Costs cap of the following year. The cap shall not cumulate for more than a 5 year period. The cap does not apply to insurance, any tax, trash removal and snow removal costs. Equal monthly installments, first installment due at same time as first Minimum Rent payment. 10% of Common Area Costs, excluding taxes and including utility and insurance costs. N/A 5 years
  19. 19. Lease Abstract Date: 4-Apr-07 Tenant Recitals Shopping Center 1.01 Location 1.01 Direct General Insurance Agency of North Carolina Hickory Promenade Hickory, NC Tenants Insurance 9.03 Landlord's Insurance 9.04 Landlord's Insurance Reimbursement 7.06(a)(2) and 9.04 Tenant Plans 2.07 Use, Permitted 1.01 Use, Exclusive 6.02 Signage 23.01 Utility Transfer 2.04 Obligation to Report Sales Security Deposit 24.16 Broker's Commission 1.01 Parking 7.03 Co-Occupancy Sales Performance TI Allowance Tenant Reimbursements CAM Reconciliation Date 7.09 Tax Reconciliation Date 5.03 Other Construction/361 Related Delivery Condition Exhibit C Landlord Contingencies Guaranty Abstractor: Lease Negotiator: LCG Outside Legal Contact: Other Party Legal Contact: Other Party Contact: Michael Anderson Gary Hall Adrienne Chapman 435-214-5543 435-214-5574 800-330-4541 x2723 Amendments Within 120 days after the end of each Lease year, Landlord will send Tenant a reasonably detailed summary and itemization of CAM costs paid by Landlord during the Lease Year. Landlord will reimburse Tenant for any overpayment of CAM costs within 15 days of statement. Tenant will reimburse Landlord for any underpayment of CAM costs within 30 days of statement. None. Yes, Landlord will not lease space to any tenant that sells, as its primary business, the products and services as set forth in section 1.0 Tenant's Permitted Use. N/A None. Tenant shall have the right to install its standard building sign package subject to government code. Tenant shall have the obligation to install an outdoor, illuminated sign on its front facade within 60 days of Delivery Date. If landlord installs a pylon sign, tenant shall pay pro rata share of construction and installation costs 30 days after installation but not before Rent Commencement Date. Panel size and location to be determined by Landlord in its sole discretion. Upon execution of the Lease, Tenant shall deposit $2,800.00 with the Landlord as a security deposit. The amount of the security deposit may be increased by the greater of two times the original deposit or an additional month's minimum rent if Tenant defaults more than twice in any 12 month period. Tenant must pay proportionate share of Landlord's insurance cost estimated at $0.71 psf, for the first year. To be paid as part of the CAM payment, in equal monthly installments, first payment due at the same time as Minimum Monthly Rent. General Public Liability Insurance of $2,000,000 per occurrence and Workers Compensation Insurance. Tenant shall give Landlord the insurance certificate within 10 days of delivery of the Premises, then 30 days prior to the expiration of the policy. Landlord will terminate utility services within 5 days of Delivery Date. Tenant will initiate utility services before Landlord terminates service. Tenant shall deliver to Landlord basic layout information for its premises within 30 days of the Lease effective date. Tenant shall approve or disapprove Landlord's floor plan within 15 days of Tenant's receipt of the plan. Landlord shall maintain a policy covering 100% of the replacement cost of the Improvements, extended coverage insurance and against sprinkler damage, vandalism, and malicious mischief and other risks, and commercial general liability coverage in amount not less than $1,000,000. N/A The equivalent of 15 parking spaces in the vicinity. N/A Contacts Vanilla shell. Guaranteed by Direct General Insurance. None. Tenant may use and occupy the premises to operate an office for insurance sales and services, e-filing of insurance policies, and other consumer products generally associated with the insurance industry. Within 120 days after Landlord received the last annual Real Estate Tax bill of the Lease Year, Landlord will send Tenant 1) the amount of taxes per square foot of leaseable area in the Shopping Center, 2) the total number of leaseable sf in the Shopping Center, and 3) the amount of Tenant's proportionate share of taxes. Tenant or Landlord will reimburse the other for any underpayment or overpayment of taxes within 30 days.
  20. 20. Lease Abstract Date: 4-Mar-08 Tenant 1.01 Shopping Center 1.01 Location 1.01 Landlord 1.01 Notice Address Tenant: Greg Guynes RGD4U Corp. 7387 Ed Willis Road Vale, NC 28168 T: 704-276-9193 F: 866-789-9897 Landlord: Land Capital Group, Inc. 1850 Sidewinder Drive, 2nd Floor Park City, UT 84060 T: 435-214-5555 Trade Name 1.01 Premises (S.F.) 1.01 1,440 Premises, Unit Number Date, Lease Execution Date, Land Acquisition 24.21 Date, Finance Acquisition 24.21 Date, Construction Date, Delivery Notice 2.03 Date, Delivery 2.03 Date, Penalty #1 2.03 Delivery, Blackout Dates ACTUAL Delivery Date Date, Expiration 1.01 Date, Renewal Notice #1 3.04 Date, Renewal Notice #2 Date, Rent Commencement 1.01 ACTUAL Rent Commencement Date Term, Initial 1.01 Term, Option #1 3.04 Term, Option #2 n/a 1.01 Years Rent/S.F. Rent/Month Rent/Year 1.01 1-5 $23.00 $2,760.00 $33,120.00 1.01 Option 6 -10 $25.50 $3,060.00 $36,720.00 Rent Abatement 10.04 Rent, Percentage 4.05 Rent, Late Fee 4.01 Rent, Additional 4.03 CAM 1.01(n), 7.06, 7.07 CAM Payment Due 7.08 Real Estate Tax 5.01 5.02 and 1.01(n)(2) Landlord's Insurance Requirement 9.04 Landlord's Insurance Reimbursement 1.01(n)(3) Management Fee 7.06(a) Administrative Fee 7.06(a) Tenants Insurance 9.03 Use, Permitted 1.01(d) n/a 10% of Common Area Costs, including insurance and utility services and excluding taxes. Landlord shall maintain a policy covering 100% of the replacement cost, standard form fire and extended coverage insurance and against sprinkler damage, vandalism and malicious mischief and Commercial General Liability insurance of $2,000,000. 1-Jun-08 1-Oct-08 The last day of the 60th month after the Rent Commencement Date. 180 days before the lease Expiration Date. 180 days after the Delivery Date n/a Sign*A*Rama 2 days prior to delivery. RGD4U Corp. Hickory Promenade Hickory, NC LCG Hickory, LLC Tenant Notice of default: Legal Department Sign*A*Rama 2121 Vista Parkway West Palm Beach, FL 33411 13-Feb-08 n/a n/a n/a Tenant must pay proportionate share of Landlord's insurance costs, estimated to be $0.40/SF. To be paid as part of the CAM Payment in equal monthly installments, first installment due at same time as first Minimum Rent payment. n/a All sums of money or charges of any nature (except Minimum Rent) required to be paid by Tenant pursuant to the Lease. If Tenant is 10 days late in paying rent, charge is 5% of unpaid rent plus interest. Rent is due on the first day of the month, and the first rent payment is due on the Minimum Rent Commencement Date. 5 years Tenant must pay proportionate share of Real Estate taxes, estimated to be $0.40/SF. To be paid as Additional Rent in equal monthly installments, first installment due at the same time as first Minimum Rent payment. 5 years Proportionate share of common areas costs. Shall not increase more than 10% cumulatively during the initial term or any option period. If increase in the CAM cost is less than 10%, the difference is added to the Common Areas Costs Cap of the following year. Estimated CAM charges are $1.40/SF. Equal monthly installments, first installment due at same time as first Minimum Rent payment, or any other time as the Landlord may decide. General Public Liability Insurance of $2,000,000 aggregate and Workers Compensation Insurance. Tenant shall give Landlord the insurance certificate within 10 days of delivery of possession of the Premises. Sale and/or production of signs, banners, and/or advertising specialites. Rent, Minimum Minimum Rent, Additional Rent and other charges payable by Tenant shall be abated in proportion to untenantability sustained by Tenant until Premises are restored for Tenant's business, in the event Premises are rendered untenantable by damage or destruction pursuant to sections 10.02 or 10.03.
  21. 21. Lease Abstract Date: 4-Mar-08 Tenant 1.01 Shopping Center 1.01 Location 1.01 RGD4U Corp. Hickory Promenade Hickory, NC Use, Exclusive 6.02 Signage 23.01(b) Utility Transfer 2.05 Obligation to Report Sales 24.12 Security Deposit 25.16 Broker's Commission 1.01(h) and 24.17 Parking 7.03 Co-Occupancy 6.03 Sales Performance TI Allowance Exhibit C Tenant Reimbursements CAM Reconciliation Date 7.09 Tax Reconciliation Date 5.03 Sales Tax Exempt Status Amendment 1st Other Rider Rdier Delivery Condition Exhibit C Construction/361 Related Abstractor: LCG Deal maker: LCG Legal: Other Party Legal: Ineke Kuijpers Jeff Valiquett Mike Verhoogen n/a Executed simultaneously with Lease: 1) Landlord agrees that Tenant may assign the Lease once during the Term of the Lease to a SignARama franchisee/franchisor, upon written request. 2) Landlord shall pay for any repairs to the HVAC equipment during the 1st 12 months of the Lease, in excess of $500. V-shell Dated 2/29/08: Puts a revised Floor Plan in place, which 1) adds outlets, and 2) changes outlet placement. n/a Within 120 days after the end of each Lease Year, Landlord will send Tenant a summary of CAM costs paid by Landlord during the Lease year. Landlord will reimburse Tenant for any overpayment of CAM costs within 15 days. Tenant will reimburse landlord for any underpayment of CAM costs within 30 days. Landlord will provide $1,000 in marketing/stationary reimbursement, and pay Tenant a setup fee. Tenant shall have access to all parking on a non-exclusive basis. Tenant has the right to park an employee-driven SignARama company vehicle in the parking lot at all times. n/a None Landlord will terminate utility services within 5 days of Delivery Date. Tenant will initiate utility services before Landlord terminates services. Within 120 days after Landlord receives the last annual Real Estate Tax bill of the Lease Year, Landlord will send Tenant notice of Tenant's proportionate share. Tenant or Landlord will reimburse the other for any underpayment or overpayment of taxes within 30 days. Landlord will not lease space to any tenant which provides as is primary business the products & services listed under section 1.01. Tenant must advertise on Landlord pylon sign and pay pro rata share of construction and installation costs 30 days after installation but not before Rent Commencement Date. Panel size and location to be determined by Landlord in its reasonable discretion. $5,985.60 Franchise Real Estate, Inc.: 4% of the sum of the initial lease term payments. Tenant shall provide Landlord with its gross revenue, operating statements and balance sheet for the preceding three fiscal years upon Landlord's request.
  22. 22. Lease Abstract Date: 14-May-07 Tenant Recitals Shopping Center 1.01(l) Store Number Location 1.01(l) Shopping Center S.F. 1.01(f) Landlord Recitals Notice Address 1.01(k) If to Tenant: Subway Real Estate Group Attn: Legal Department 325 Bic Drive Milfod, CT 06460 Phone: (203) 878-2791 If to Landlord:: Land Capital Group, Inc. 1850 Sidewinder Dr., 2nd Floor Park City, UT 84060 Phone: (435) 214-5543 cc: Mr. Keven Rowe Attorney at Law Jones Waldo Holbrook & McDonough 170 South Main Street, Suite 1500 Salt Lake City, UT 84101 Trade Name 1.01(a) Premises (S.F.) 1.01( c) Tenant's Proportionate Share 1.01(n) 10% Premises, Unit Number Date, Lease Execution Recitals Date, Land Acquisition 24.19 Date, Finance Acquisition 24.19 Date, Delivery Notice 2.03 Date, Delivery 2.03 and 2.03(a) Date, Penalty #1 2.03 Delivery, Blackout Dates ACTUAL Delivery Date Date, Expiration 1.01(b) Date, Renewal Notice #1 3.04 Date, Renewal Notice #2 3.04 Date, Renewal Notice #3 3.04 Date, Rent Commencement Rider R-1 ACTUAL Rent Commencement Date Term, Initial 1.01(b) Term, Option #`1 3.04 Term, Option #2 3.04 5 years. Years Rent/SF Rent/Month Rent/Year 1.01(e) 1-5 $21.00 $2,660.00 $31,920.00 1.01(e) Option 6-10 $23.52 $2,979.20 $35,750.40 1.01(e) Option 11-15 $26.34 $3,336.40 $40,036.80 Rent Abatement Rent, Payment 4.01 and 4.02 Rent, Percentage 4.05 Rent, Late Fee 4.01 Rent, Additional 4.03 Construction Drawings 2.07 CAM 1 N/A. 5 years. Landlord will deliver floor and ceiling plans to Tenant. Tenant shall approve or disapprove of the plans within 15 days of its receipt from Landlord. Proportionate share of common area costs. Shall not increase more than 5% cumulatively during any fiscal year. CAM estimate for the first year is $1.785 psf. Rent Omitted. All sums of money or charges of whatsoever nature (except Minimum Rent) required to be paid pursuant to the Lease. Minimum Rent to be paid in 12 equal monthly installments, in advance, on the 1st day of each calendar month within each Lease Year. If the Minimum Rent Commencement Date does not fall on the 1st day of the month, the first rent payment is to be paid on the Minimum Rent Commencement Date and that partial month rent calculation is based on the number of days in the actual month. If Tenant fails to pay Rent within 10 days after the due date, Tenant shall pay a late payment charge equal to the greater of $150, or 5% of any Rent payment not paid when due, plus interest on the delinquent amount. 60 months after the Rent Commencment Date. 180 days before the Lease Expiration Date. The earlier of (1) 90 days after the Delivery Date, or (2) the date the Tenant opens for business to the public, such date to be evidenced by competion of a Confirmation of Commencement Date. Note, pursuant to 3rd Amendment, Tenant is entitled to a one-time credit against Rent of $1,330, due the 1st day of the month immediately following the date of 3rd Amendment. 180 days before the expiration of the second Option Period. 180 days before the expiration of the first Option Period. 60 months. Hickory, North Carolina LCG Hickory, LLC (as assigned by Land Capital Group, Inc.) 15,600 N/A. 12-Dec-05 5-Jun-06 5-Jun-06 The estimated delivery date is June 15, 2006. Landlord must provide written notice to Tenant prior to May 15, 2006, indicating whether the Delivery Date is on, before, or after June 15, 2006 If no delivery by December 30, 2006, Tenant may terminate the Lease. Subway 1,520 2 days written notice prior to delivery. Subway Real Estate Corp Hickory Promenade
  23. 23. Lease Abstract Date: 14-May-07 Tenant Recitals Shopping Center 1.01(l) Store Number Location 1.01(l) Shopping Center S.F. 1.01(f) Hickory, North Carolina 15,600 Subway Real Estate Corp Hickory Promenade CAM Payment Due 7 Real Estate Tax 1 and 5 Landlord's Insurance Requirement 9.04 Landlord's Insurance Reimbursement 1 and 9 Management Fee Administrative Fee 7.06(a) Tenants Insurance 9.03 Use, Permitted Rider Use, Exclusive 6.02 Signage 23.01 Utility Transfer 2.04 Obligation to Report Sales 24.11 Security Deposit 1.01 and 24.14 Broker's Commission 24.17 Parking 7.03 Co-Occupancy TI Allowance Exhibit C Tenant Reimbursements CAM Reconciliation Date 7.09 Tax Reconciliation Date 5.03 Within 120 days after Landlord receives the last annual Real Estate Tax bill of the Lease Year, Landlord will send Tenant i) the amount of taxes per square foot of leaseable area in the Shopping Center, ii) the total number of leaseable square feet in the Shopping Center, and iii) the amount of Tenant's Proportionate Share of the Taxes. Tenant or Landlord will reimburse the other for any overpayment or underpayment of taxes within 30 days of determining the overpayment or underpayment. Tenant shall maintain commercial general liability insurance in the amount of $2,000,000, and Workers Compensation Insurance. Tenant shall maintain fire and extended coverage insurance in the amount of 100% of the full replacement value. At least 50 non-exclusive parking spaces at the Shopping Center. N/A. None. A restaurant for on and off-premises consumption with a menu consisting primarily of sandwiches, salads and related items. Tenant may sell fruit smoothies and/or yogurt. Tenant's menu is not limited to sandwiches and salads. Equal monthly installments, first installment due at same time as first Minimum Rent payment, or any other time Landlord may decide. N/A Provided that Tenant is not in default under this Lease, Landlord shall not lease space in the Shopping Center to any tenant that derives more than 25% of its revenue from the sale of submarine style sandwiches, including chain or franchise sandwich businesses known as Blimpies, Sobik's, Schlotzky's Deli, Quizno's, Panera Bread Company, Crispers, Obee's Soups, Salads & Subs, Jersey Mike's Submarines, WG Grinders, Jimmy John's, Sub Station, Submarine House and /or Atlanta Bread Company. Tenant shall install, display and maintain an illuminated, code compliant sign on the front façade of the Premises within 60 days of the Delivery Date. If Landlord installs a pylon sign, which Landlord is not obligated to do, Tenant shall advertise on said pylon sign and pay its pro rata share of the pylon/monument construction and installation costs within 30 days of the installation of the sign but not prior to the Rent Commencement Date. Panel size and location to be designated by Landlord in its sole discretion, such installation to be at Tenant's sole cost and expense. No cap on Tenant's contribution towards the pylon sign(s) construction and installation costs. None. None. Tenant agrees to provide Landlord with its gross revenue derived from the Premises at such time and from time to time, but not more than one time per year. Landlord will terminate utility services within 5 days of the Delivery Date. Tenant will initiate utility services prior to Landlord's termination of services. Within 120 days after the end of each Lease Year, Landlord will send Tenant a reasonably detailed summary and itemization of CAM costs paid by Landlord during the Lease Year. Landlord will reimburse Tenant for any overpayment of CAM within 15 days. Tenant will reimburse Landlord for any underpayment of CAM costs within 30 days. N/A 10% of Common Area Costs, excluding taxes and including insurance and utility costs. Landlord shall maintain a policy covering 100% of the replacement cost, standard form fire and extended coverage insurance and against sprinkler damage, vandalism and malicious mischief and Commercial General Liability insurance with a single limit of $1,000,000. Tenant shall pay its proportionate share of all real estate and other ad valorem taxes and assessments of every kind and nature with respect to the land and the improvements thereon. To be paid as Additional Rent in equal monthly installments, first installment due at the same time as the first Minimum Rent payment. Tenant's tax payment is estimated to be $0.50 psf for the first year. Tenant must pay proportionate share of Landlord's insurance costs, estimated to be $0.95 psf. To be paid as Additional Rent as part of the CAM payment in equal monthly installments, the first installment due at the same time as the first Minimum Rent payment.
  24. 24. Lease Abstract Date: 14-May-07 Tenant Recitals Shopping Center 1.01(l) Store Number Location 1.01(l) Shopping Center S.F. 1.01(f) Hickory, North Carolina 15,600 Subway Real Estate Corp Hickory Promenade Amendment(s) Other 05-14-07 3rd Amendment, dated May 24, 2007, provided a one-time credit against Rent of $1,330, to be applied on the 1st day of the month that follows the effective date of the Amendment (so it will be June, 2007). 11-21-06 - 2nd Amendment, dated Nov 28+D27, 2006, changed Landlord's Work to provide a $3,000 credit to Tenant to install the acoustical ceiling (the $3,000 credit shall be deducted from the $8,667 that Tenant must pay to Landlord pursuant to Exhibit C to the Lease); also, Landlord to provide sprinklers in the bathrooms only, Tenant will provide all other sprinklers required by code and Landlord will provide a $2,000 credit to Tenant (also deducted from the $8,667 that Tenant must pay to Landlord). 07-14-06 - Amendment to Lease, dated July 14, 2006, changed Exhibit C in the following respects. Tenant shall install a complete acoustical celing, including all light fixtures, exit lights and night lights. Landlord shall reimburse Tenant $3,000 for said ceiling work. Also, Landlord shall install supply and return air grilles, as well as, all emergency lights required per code. 08-28-06 MSA revised abstract to clarify that this Lease is a 5 year term with 2 5-year options. Also, processed Memorandum of Lease, dated Aug _____, 2006. 4 page Rider attached to and incorporated into Lease; Rider overrides Lease; Rider appears to be for the Subway at Auburndale, not Hickory.
  25. 25. Lease Abstract Date: 17-Mar-06 Tenant Recitals Shopping Center 1.(A) Store Number Location 1.(A) Shopping Center S.F. 1.(A) Landlord Recitals Notice Address 26 If to Tenant: United Telephone Company of the Carolinas Attn: Retail Real Estate Notices, ARN #167075 6391 Sprint Parkway Mail Stop: KSOPHT0101-Z200 Overland Park, KS 66251-2000 With a copy to: Sprint Law Department 6391 Sprint Parkway Mail Stop: KSOPHT0101- Z2020 Overland Park, KS 66251-2020 Attention: Real Estate Attorney, ARN#167075 Trade Name Premises (S.F.) 1.(A) Tenant's Proportionate Share 4.(B)(2) 19.23% Premises, Unit Number Date, Lease Execution Date, Land Acquisition 29.(Q) Date, Finance Acquisition 29.(Q) Date, Delivery Notice Date, Delivery Date, Penalty #1 Delivery, Blackout Dates ACTUAL Delivery Date Date, Expiration 2.(A) Date, Renewal Notice #1 2.(B) Date, Renewal Notice #2 2.(B) Date, Renewal Notice #3 2.(B) Date, Rent Commencement 2.(A) ACTUAL Rent Commencement Date Term, Initial 2.(A) Term, Option #`1 2.(B) Term, Option #2 2.(B) 5 years. Years Rent/SF Rent/Month Rent/Year 3.(A)(1) 1-5 $22.00 $5,500.00 $66,000.00 3.(A)(2) 6-10 $24.64 $6,160.00 $73,920.00 3.(A)(3) Option 11-15 $27.60 $6,900.00 $82,800.00 Rent Abatement Rent, Payment 3. (A) and 3.(B) Rent, Percentage Rent, Late Fee 3.(D) Rent, Additional 3.(C) Construction Drawings 29.(M) and (P) CAM 4.(B)(1) and (2) CAM Payment Due 4.(B)(1) and (2) Real Estate Tax 4.(A)(1) and (2) Rent, Minimum N/A. Tenant shall pay its proportionate share of common area costs (derived by multiplying the Common Area Costs for each calendar year by a fraction, the numerator of which is the number of square feet in Tenant's space and the denominator of which is the total number of square feet of Floor Area in the Shopping Center). To be paid in equal monthly installments, on the first day of each calendar month, in advance, beginning on the Commencement Date. 5 years. Tenant's obligation to pay taxes shall begin on the Commencement Date, and shall be paid monthly, based on Landlord's good faith estimates of Tenant's Tax charge. Tenant's Tax Charge shall be equal to the Taxes assessed against Tenant multiplied by a fraction, the numerator of which is the Floor Area of the Premises, and the denominator of which is the total Floor Area. Tenant's tax payment is estimated to be $0.32 psf for the first year. Omitted. Additional Rent means all charges required to be paid by Tenant monthly. The term "Rent" means the Base Rent and any Additional Rent. Base Rent is payable in equal monthly installments, in advance, on or before the 1st day of each calendar month within each Lease Year. If the Commencement Date occurs on a date other than the first day of a calendar month, Tenant shall pay that portion of the Base Rent prorated on a per diem basis (calculated based on the number of days in the month). If Tenant fails to pay Rent within 10 days after written notice of delinquency, Tenant shall pay a late payment charge equal to the greater of $250, plus interest on the delinquent amount. Landlord shall not be required to provide notice of delinquency more than twice in any 12-month period. 5 years. Landlord will deliver floor and ceiling plans to Tenant. Tenant shall approve or disapprove of the plans within 15 days of its receipt from Landlord. Also, Tenant shall, within 75 days after the Effective Date, deliver to Landlord a complete set of plans and specifications for Tenant's improvements. Common Area Costs means Landlord's actual, reasonable, documented and competitive costs of operating, maintaining, repairing, inspecting, lighting, protecting and securing the Common Area, and maintaining insurance on the Shopping Center. Tenant's Proportionate Share of common area costs, starting after year 1, shall not increase more than 5% cumulatively during any fiscal year. The CAM estimate for the first year is $2.25 psf. The earlier of (1) 75 days after a) Tenant's receipt of a fully executed Lease, b) Tenant's receipt of written notice that its plans are approved, and c) delivery of the Premises to Tenant with Landlord's Work substantially complete, or (2) the date the Tenant opens for business to the public, such date to be evidenced by completion of a Confirmation of Commencement Date. 6 months before the expiration of the second Option Period. 28-Feb-06 15-Apr-06 15-Apr-06 6 months before the expiration of the first Option Period. Not specified. Hickory Promenade Hickory, North Carolina LCG Hickory, LLC (as assigned by Land Capital Group, Inc.) 15,600 N/A. 6 months before the Lease Expiration Date. Not specified. On the last day of the month following the 5th anniversary of the Rent Commencement Date (unless the Commencement Date falls on the first day of a month, in which case the Term expires on the day preceding the 5th annual anniversary of the RCD). If to Landlord:: Land Capital Group, Inc. 1850 W. Sidewinder Dr., 2nd Floor Park City, UT 84060 Phone: (435) 214-5555 Attn: Legal Department Sprint 3,000 Not specified. United Telephone Company of the Carolinas, Inc.
  26. 26. Lease Abstract Date: 17-Mar-06 Tenant Recitals Shopping Center 1.(A) Store Number Location 1.(A) Shopping Center S.F. 1.(A) Hickory Promenade Hickory, North Carolina 15,600 United Telephone Company of the Carolinas, Inc. Landlord's Insurance Requirement 9.(B) Landlord's Insurance Reimbursement 4.(B)(1) Management Fee Administrative Fee 4.(B)(1) Tenants Insurance 9.(A) Use, Permitted 13.(A) Use, Exclusive 13.(A) Signage 21 Utility Transfer 29.(L) Obligation to Report Sales Security Deposit Broker's Commission 27 Parking 20.(B) and 36 Co-Occupancy TI Allowance Exhibit C Tenant Reimbursements CAM Reconciliation Date 4.(B)(2) and 4.(C)(2) Tax Reconciliation Date 4.(A)(2) Other 29. (J) Within 45 days after Landlord receives the applicable tax bill, Landlord must submit a copy of the tax bill to the Tenant, together with a calculation of Tenant's Tax Charge and a written explanation of the manner of calculation. If the statement discloses an overpayment of Tenant's tax charge, Tenant may credit the overpayment against the next succeeding installment of Rent (except at Lease end, in which case the overpayment shall be promptly refunded). If the statement reveals an underpayment of Tenant's tax charges, Tenant shall remit the underpayment to Landlord within 30 days of Tenant's receipt of the tax statement. Tenant shall maintain commercial general liability insurance in the amount of $3,000,000, and Workers Compensation Insurance. Tenant shall maintain fire and extended coverage insurance in the amount of 100% of the full replacement value. Landlord shall at all times maintain 4.5 parking spaces per 1,000 sf of Floor Area in the Shopping Center. In addition, Landlord will provide 2 customer parking spaces for Tenant's exclusive use. N/A. None. Sale of wireless and wireline communication devices, broadband networks, DISH Network, bill payment and customer service center, equipment, items and related accessories and services ("Permitted Use"). None. Paid as portion of CAM. If the Term has not commenced within 24 months from the Effective Date, this Lease shall automatically terminate. Provided that Tenant is open and operating, and not in default under this Lease, Landlord shall not permit any other occupant of the Shopping Center to sell, advertise, display, market or otherwise distribute or market within the Shopping Center any of the products or services similar to Tenant's Permitted Use. Tenant shall advertise on any pylon or monument sign installed by Landlord, and shall pay its pro rata share of the pylon/monument construction and installation costs. Panel size and location to be designated by Landlord, such installation to be at Tenant's sole cost and expense. No cap on Tenant's contribution towards the pylon sign(s) construction and installation costs. N/A. Landlord shall pay Krugh Commercial, $3.00 psf commission, pursuant to a separate agreement between the parties. N/A. Landlord will terminate utility services within 5 days of the Delivery Date. Tenant will initiate utility services prior to Landlord's termination of services. By April 30 of each year, Landlord must deliver to Tenant a statement certified to be true and correct showing in reasonable detail the Common Area Costs for the prior calendar year and Tenant's CAM charges and how the amounts were computed. If the CAM statement shows Tenant has overpaid its CAM charges, Tenant may credit any overpayment against the next succeeding installment of Rent (unless at the end of the term, in which event the overpayment shall be promptly refunded to Tenant). If the CAM statement shows underpayment of Tenant's CAM charges, Tenant shall remit the underpayment to Landlord within 30 days after Tenant's receipt of the statement. Tenant can audit CAM costs, Taxes, and Insurance and if the audit reveals that Landlord has overstated either Tenant's CAM charge or Tax charge, Landlord shall pay Tenant's reasonable costs and expenses of the audit. None. 10% of Common Area Costs. Landlord shall maintain a policy covering 80% of the replacement cost, standard form fire and extended coverage insurance, including endorsements to insure against earth movement and flood, and Commercial General Liability insurance with combined single limits of $3,000,000.

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