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200804919 renewal term of twelve (12) months. Tenant does not have and will not acquire any right or option to purchase any portion of or interest in the Leased Premises. c) Monthly base rent payable, exclusive of Tenant's share of operating expenses and Tenant's share of taxes, is $18,083.00 as of the date hereof: and shall be adjusted from time to time as provided in the Lease. d) No default by Landlord or Tenant in the performance ofthe Lease to be by them respectively performed exists on the date hereof, and no event has occurred which, after the passage of time or expiration of any notice, grace or right to cure period, would constitute a default under the Lease. e) Tenant does not now have any claim against the Landlord which might be set-off against past or future rents due under the Lease or which might be used as a defense to enforcement of the Lease. f) Tenant has accepted and is in possession of the Leased Premises without reservation. Landlord and Tenant have fulfilled and complied with all conditions precedent to the acceptance and possession of the Leased Premises by Tenant; any and all improvements required to be furnished by Landlord to Tenant by the terms of the Lease have been completed and furnished to the full satisfaction of Tenant; and all duties of Landlord of an inducement nature under the Lease have been fully performed by Landlord. g) No rent has been prepaid more than one (1) month in advance. 9. Each party hereto shall be entitled to specific performance of the covenants, agreements and rights contained in this Agreement. All remedies provided at law or in equity, including the right to specific performance as herein provided, shall be cumulative. 10. This Agreement may not be amended or modified in any manner other than by an agreement in writing signed by all of the parties hereto. 11. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns, including any purchaser of the Leased Premises at a foreclosure sale. 12. Any notice or other communication to any party in connection with this Agreement shall be in writing and shall be sent by manual delivery, telegram, telex, facsimile transmission, overnight courier or United States mail (postage prepaid) addressed as follows: If to Lender: Wells Fargo Bank, National Association 670 McKnight Road, Suite 301 St. Pau~ MN 55119 Attn: Bruce Davis 4 Doc# 2682297\1