HomeMy WebLinkAbout947028RECEIVED 5/11/2009 at 11:31 AM
WHEN RECORDED RETURN TO: RECEIVING # 947028
Mountain West Small Business Finance BOOK: 722 PAGE: 556
2595 East 3300 South JEANNE WAGNER
Salt Lake City, Utah 84109 LINCOLN COUNTY CLERK, KEMMERER, WY
Lease 0003556
1. The Parties and The Property. Lawrence L. Chavez and Sandra L. Chavez, husband and wife,
hereinafter referred to as "Lessor", hereby leases to PRINT VISION, LLC hereinafter referred to as "Lessee", all
those premises situate, lying and being in the County of Lincoln, State of Wyoming, commonly known as27 Doc
Perkes Lane,Afton, WY 83110 and more particularly described 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 May 1, 2009, for and during the latest of May
1, 2029 or until the SBA 504 Loan under SBA Loan Authorization No. 34235560-05 is paid in full.
3. The Lease Payment. Lessee covenants and agrees to pay Lessor a lease payment in the sum of
$4,000.00 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
1 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 Property. 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 Assignment. 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 T , Heat T , Water T , Sewer T , Telephone T , Real Property Tax T ,
Personal Property Tax T , Fire Insurance on Personal Properly T , Glass Insur-
ance T , Others:
None
8. Maintenance and Repair. Responsibility for the maintenance and repair of the Property shall be
as indicated [Lessee responsible for (T), Lessor responsible for (L)]:
Roof L , Exterior Walls L , Interior Walls L , Structural Repair L , Interior
Decorating T , Exterior Painting L , Yard Surfacing L , Plumbing Equipment L
, Heating and Air Conditioning Equipment L , Electrical Equipment L , Light
Globes and Tubes T , Glass Breakage T , Trash Removal T , Snow Removal T
Janitorial T , Others: 00 V 557
None
9. Negligence. 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 full.
11. Attorney's Fees and Collection Costs. In case of failure to faithfully 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. 34235560-05, 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 Administration 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 identity 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 Agreements. This agreement supercedes and replaces any and all previous lease
agreements between the parties; and said previous lease agreements are hereby canceled by the mutual consent of
the parties.
This Lease is executed and effective May 1, 2009.
LESS
awr . Chave
Sandra L. Chavez
LESSEE:
PRINT VISION,
By: .
awren Chavez,
0005549
LEASE NOTARY PAGE
STATE OF Wyoming )
:ss.
COUNTY OF Lincoln )
The foregoing instrument was acknowledged before me this May 1, 2009 by Lawrence L.
Chavez and Sandra L. Chavez.
Notary Public
AMBER M. BAETGE NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN 0 WYOMING
STATE OF Wyoming ) MYCOMMISSIONk7WIRk8I010"A%2013
:ss.
COUNTY OF Lincoln )
The foregoing instrument was acknowledged before me this May 1, 2009 by Lawrence L.
Chavez, Manager, PRINT VISION, LLC .
Notary blic
AMBER M. BAETGE NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN S WYOMING
W COMMISSION EXPIRES MARCH 9, 2013
May 1 2009 14:36 P004/033
ODDER NUMBER., NTL-2280
EXHIBIT "A„ 0003559
LOT 9 OF STAR VALLEY MEDICAL CENTER SECOND ADDITION TO THE TOWN OF AFTON, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 30, 2003 AS
INSTRUMENT NO, 882044 OF THE RECORDS OF THE LINCOLN COUNTY CLERK,
ALTA Commitment (6117106)
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