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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . () 16. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real cstatc taxes over and above the amount of such taxes assessed for the tax year during which 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 amount equal to % of the increase in taxes upon the land and building in which the leased premises are situated. III the event that such taxes are assessed for a tax year extending beyond tile 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 in a shopping center or in a commercial building in which there arc common arcas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and insurance for the common area. IS. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereundcr, or becallse of any act which may arise out of the posscssion of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 19. "'niver. No failure of Lessor (0 enforce any term hereof shall be deemed to be a waiver. 20. Notices. Any notice which either party mayor is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises. or Lessor at thc address specified 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 sllccessors in interest to the panics. 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 Hnd conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of S 900.00. . The option shall be exercised by written notice given to Lessor not less th.m Thit1v (30) days prior to the expiration of the initial lease term. If notice is not givcn in the ma~ner provided herein within the time specified, this option shal! expire. 23. Subordination. This leasc is and shall be subordinated to all existing and future liens and encumbrances against the propeny. 24. Radon Gus 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 arc exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in building.s in N/ A . Additional information regarding radon and radon testing may be obtained from your county public hcalth unit. 25. Entire Agrecmcnt. The foregoing constitutcs thc cntirc agreement betwecn the panics and may bc modified only by a writing signcd by both panics. The following Exhibits, if any, have been made a part of this lease before the panics' execution hereof: .....,..... .. .. 0 Signed this 28 day of February ,2009. Lessor Bydt:Uvt~ 4~~ Lessee By:f4-- .k-,~ Page 3 IDlf