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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . () 16. Tax IncrcHsc. In the event there is any increase during any year of the term of this lease in the City, County or Slate real estate taxes over and above the amount of such taxes assessed for the tax year during whieh the term of this lease commences. whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an umount equal to % of the increase in taxes upon the land and building in which the leased premises ure situated. In the event thut such taxes are assessed for a tax year extending beyond the term of the lease. the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 17. Common Area Expenses. In the event the demised premises are situated ill a shopping center or ill a commercial building in which there arc common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for the common area. 18. Attorney's Fees. In case suit should be brought for recovel)' of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, thc prcvailing pm1y shall be entitled to all costs incurred in connection with such action. including a reasonable attorney's fee. 19. \"nivel'. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 20. Notices. Any notice which either party mayor is required (0 give, shall be given by mailing the same, postage prepaid, to Lessee at the premises. or Lessor at the address specitied above, or at such other places as may be designated by the panics from time to time. 21. Heirs. Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and sllceessors in interest to the parties. 22. Option to Renew. Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to renew the lease for an additional term of months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal tenll except that the monthly rent shall be the sum of S 840.00 . The option shall be exercised by written notice given to Lessor not less tlHlIl Thirty (30) days prior to the expiration of the initial lease term. If notice is not given ill the manner provided herein within thc timc specified, this option shall expire. 23. Subordinntion. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24. Radon Gas Disclosure. As required by law, (Landlord) (Seller) makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who iRC exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in N/A . Additional information regarding radon and radon testing may be obtained from your county public health unit. 25. Entire Agreement. The foregoing constitutcs the entire agreement between the panics and may be modified only by a wriling signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof: ..-' ,.- .. .. 0 Signcd this 28 day of FeblUaIY ,2009. BY~~ at~ a,.... Lessec By:_~ ~ Lessor Page 3 /01