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HomeMy WebLinkAbout919134 '. ¡ li ~g jQ~ cn~~ ....c;.~ Q Iii 1 ¡'iJ á5 :a .. G! F~1í Ii r . ) RECEI,M:ê:H;::::16/7/2006 at 4:00 PM R :1;;': ::~::'::"':' G # 919134 BOOK: 622 PAGE: 522 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY L.OC522 (I WHEN RECORDED RETURN TO: Mountain West Small Business Finance 2595 East 3300 South Salt Lake City, Utah 84109 Lease // 1. The Parties and The ProDertv. Scott L. Carlisle and Cherie L. Carlisle, Husband and Wife as Tenants by the Entireties, hereinafter referred to as "Lessor", hereby leases to S&CjJoperties, LLC hereinafter referred to. as "Lessee", all those premises and personal property situate, lying and being in the County of Lincoln, State of Wyoming, commonly known as 161 South Washington, Afton, Wyoming 83110 and mdr~ particularly de- scribed in Exhibit "A" which is attached hereto and incorporated herein by this reference (the "Property"). 2. The Term. TO HAVE AND TO HOLD the Property, together with the appurtenances, unto the Lessee for a term of approximately twenty (20) years commencing June 1, 2006, for and during the latest of June 1,2026 or until the SBA 504 Loan under SBA Loan Authorization No. 12931460-02 is paid in full. 3. The Lease Payment. Lessee covenants and agrees to pay Lessor a lease payment in the sum of $ IJ 000· 0 0 on the fIrst day of each month during the term of this Lease provided, however, that the amount of rent paid must be substantially the same as the debt service on the Third Party Lender Loan and the SBA 504 Loan together with an amount necessary to cover taxes and assessments, utilities and insurance and a repair/replacement reserve. The lease payment shall be reduced to the extent that it is in excess of the amount needed to meet the debt service and expenses. In the event there is more than one operating company under the terms of the SBA Loan, the lease payments of all operating companies shall be considered together and shall be reduced, pro rata, in the event, when considered together, they are in excess of amount needed to meet the debt service and expenses above described, 4. The Return of the ProDertv. Lessee further agrees to deliver up to Lessor at the expiration of said term in as good order and condition as when the same were entered upon by Lessee, reasonable use and wear thereof and damage by the elements excepted. 5. No Sublease or Asshmment. The Lessee will not let, underlet, assign the Property, or any part thereof, without the prior written consent of Lessor. which consent will not be unreasonably withheld. 6. Default/Remedies. And Lessee further covenants and agrees that if any monthly lease payment or any part thereof shall be unpaid for 20 days after the same shall become due; or if default in any of the cove- nants herein contained to be kept by Lessee is not cured within 20 days from written notice, or if Lessee shall vacate such premises, Lessor may elect, without notice or legal process, to re-enter and take possession of the Property and every and any part thereof and re-let the same and apply the net proceeds so received upon the amount due or to become due under this lease, and Lessee agrees to pay any defIciency. 7. Utilities. Taxes and Insurance. Responsibility for utilities, taxes and insurance shall be as indicated [Lessee responsible for (T), Lessor responsible for (L)]: Power.I.., Heat.I.., Water.I.., Sewer.I.., Telephone.I, Real Property Tax.I.., Personal Property Tax.I.., Fire Insurance on Personal Property..I., Glass Insur- ance.I.., Others: None 8. Maintenance and ReD air . Responsibility for the maintenance and repair of the Property shall be as indicated [Lessee responsible for (T), Lessor responsible for (L)]: . Roof...1..., Exterior Walls...1..., Interior Walls...1..., Structural Repair...1..., Interior Decorating.I.., Exterior Painting...1..., Yard Surfacing...1..., Plumbing Equipment 1.., Heating and Air Conditioning Equipment-1...., Electrical Equipment-1...., ,- .rlt,··W·!r:t~1~·:t,]':~!',;:!,:. ; - .;.:J'~t;:-~;.,~.'..;.: !.It\!I:':';'~';i:1;!: or ;.. ";:~':!:'t'-.,,;t- ;;;t.:,', 1,!'~m!j!;,!.' ;:.,",.'... ·,,·.,-a,t;,:3;'!:rc~'; -::¡·. . o:.:.r.:':....:'I;,;,;....·.·;'.·..;!;·,·, ,..·~.;¡>;.:',;::,-¡:7· -' -¡,::;~¡;::-;< 'i7",. ¡.~;.:-,;:~ ·~;',r:o;' -':1 _! "1. '. _ -' ; ':1 ~\:'!l1~:f:I"~:::· fi~:¡~:::~~:f*::~ ~¡:~i!:~~~:!~~:~:~.~J Wtt¡~m~~~~f~fìY ,·.·.;r.·..·.·.·n-O::I_:.T<·:.;n';<;..:'>····.·I·~" '::..·.t..L:~.~:t..:~ .';:".' ~'. ';' . , . ',-_' .c; ~·.·"-'_'_:·~~--":':_·i.!._·:t.'-'-~ : ·¡·",;....'J:.:.:.:1a;':.;..-· . ·,:,~:Jlt;L!!:1IH.<cJ··, :','>!",' 4j·,~·..!.:'i':..::.".·-;'~:.!'-,~: ,:,¡:r. - : .. :'>:·...~.fil;.i';. .,(,· '.,!. ';~..,', :···~·;<oi·,~· '~"I.' 0919134 Cor523 Light Globes and Tubes..!.., Glass Breakage..!.., Trash Removal..!... Snow Re- moval..!.., Janitorial..!.., Others: None 9. Nel!lil!ence. Each party shall be responsible for losses resulting from negligence or misconduct of himself, his employees or invitees. 10. Lessor's Lien. Furniture, furnishings and personal property of Lessee may not be removed from the premises until all lease payments and other charges are fully paid, and Lessor shall have a lien upon said personal property until the same are paid in fuU. 11. Attornev's Fees and Collection Costs. In case of failure to faìthfully perform the terms and covenants herein set forth, the defaulting party shall pay all costs, expenses, and reasonable attorneys' fees result- ing from the enforcement of this agreement or any right arising out of such breach. 12. SBA Loan Requirements. In consideration of SBA Loan No. 12931460-02, Lessor and Lessee agree as follows, anything to the contrary notwithstanding: (a) The term of this Lease shall be equal to or longer than the term of the said SBA Loan; (b) Lessor and Lessee hereby assign, set over, and transfer to the Small Business Administratìon and Mountain West Small Business Finance all of their right, title, and interest in and to this Lease, as security for said SBA Loan; and (c) Lessor and Lessee hereby agree to maintain exactly the present ownership (both ìdentìty of owners and percent of ownership) during the entire term of said SBA Loan except for ownership changes of up to 5 per cent beginning six months after the SBA 504 Loan closes. 13. No Other Al!reements. This agreement supercedes and replaces any and all prevìous lease agreements between the parties; and said previous lease agreements are hereby canceled by the mutual consent of the parties. Thìs Lease is executed and effective June 1, 2006, --CMm,G,~ Chene:,L, CarlIsle LESSEE: S&C PROPERTIES, LLC By: &uli&t~ Cherie L. Carlisle, Manager / "t,...."";:.,.,i'í'~:':s',i...~;'J...·/'_~;,·.!a!i~'~(;lJ!"'fiJ.i';i~¡¡¡:~,,·- """.o.i'f!rj§!1.'\~.'~¡~~~"~!-::";:~:d:..~~-"':\:_, ·-."~f.·_·, .~~~:-J.l'Jó>".æ;'l-<·,~¡.~....."..~IJI'J.~!="¡, ):0-·:·¡;-:t--~·,·,~-x:'";,,'·,'i.·':';!;~~~·:",J"~~'S~~~!.~"~;'.;14i\-7'i( -ër ·~·~:':¡'~~'::'·;Tt:'i.·"'~Nf.';.1'"~;'''i·'; ~;;:;.:~~-:-':' :~:...;-:;:...',:~«úo;o~.;., 091.9134 LEASE NOTARY PAGE COf524 STATE OF Wyoming ) :ss. COUNTY OF Lincoln ) The foregoing instrument was acknowledged before me this June 1, 2006 by Scott L. Carlisle and Cherie L. Carlisle. STEVEN A. HARTWELeL Notary Public County of State of Lincoln Wyoming My Commission Expires July 8, 2006 d STATE OF Wyoming COUNTY OF Lincoln ) :ss. ) The foregoing instrument was acknowledged before me this June 1, 2006 by Scott L. Carlisle and Cherie L. Carlisle, Managers, S&C Properta _ ~ _ . ~. ~ No blic. STEVEN A. HARTWELeL Notary Pub"" "'1 C~unty of . State ot Lincoln Wyoming My Commission Expires July 8, 2006 1 - ~.. ~ill~~mmm~~mm; i!¡¡ilm!i¡ifm~m!~?!~ . '.>:'·'~"1!J!'i!.···; .¡r',.- ,.,_, .. .~"'- ..y...-, '...'.1"......·.·.....·, " ··,-':._~--C?~f,,· ,.~.":"...:'.'; - \·'.h·,··.~.·.· 'õ:''';': ~.-.,.'., ','., ·-:T::-·::¡: :t'rr;¡·;~-·~' 0919134 Exhibit A C00525 The land referred to in this document is situated in the St..'\te of Wyoming, County of Lincoln, and is descn"bed as follows: That part of Lot 11 of the Schwab Addition to the Town of Afton, said addition being identical with Block 5 Lot 4 Original Townsit~ of Afton, being pal"Í of that tract of record in the Office of the Clerk of Lincoln County in Book 122,PR on page 705, described as follows: Beginning at the Northwest comer of said Lot 11, marked by n P-,£( nail in A split cedar post; thence. South 88°14'04" Enst, 165.00 fee~ along the North line of said Lot 11, to a bathey; thence South 01 "45'56" West, 117.12 feet, along the East line of said Lot 11, to a point¡ thence North 88"14',04" West, 165.60 feet, parallel with the said North line, to a point on the West line of said Lot 11; thence North 01 045156" East, 117.12 feet, along st.id West line. to the corner of beginning, ALSO Lot 3 of Block 5 to ACton Townsite, Lincoln County, Wyoming as described on the official plat thereof. LESS AND EXCEPT any land contained in Warranty Deed recorded September 23,1966 in Book 75PR on page 530 of the records of the Lincoln County Clerk.