Agmt10 Steve Penna and Regina Van Brunt dba Some Stuff on the Square

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" , , 3.3 Delinquent Rent Fees. Lessee acknowledges that the Lessor incurs collection and administrative costs associated with pursuing delinquent rent. Lessee and Lessor hereby agree that if the rent for any month is not received by the Lessor by 5:00 p.m. on the fifth (5th) day of the month, Lessee shall pay a late charge equal to ten percent (100/0) of the security deposit in effect. The late charge will be added to the succeeding month's rent. 4. SECURITY DEPOSIT 4.1 Lessee shall deposit with the Lessor upon execution hereof a security deposit in the amount of $500.00 as security for the Lessee's faithful performance of Lessee's obligation hereunder. The deposit shall not be used for the final month's rent. If Lessee fails to pay rent or other' charges due hereunder, or otherwise defaults with respect to any provision of this Agreement, Lessor may use, apply or retain all or any portion of said deposit for the payment of any fees or other charge in default or for the payment of any other sum to which Lessor may be entitled by reason of Lessee's default, or to compensate Lessor for any loss or damage which Lessor may suffer thereby. If Lessor so uses or applies all or any portion of said deposit, Lessee shall within ten (10) days of receiving written demand from Lessor deposit cash with Lessor in an amount sufficient to restore said deposit to the full amount hereinabove stated and Lessee's failure to do so shall be a material breach of this Agreement. Lessor shall not be required to keep said deposit separate from its general - accounts. If Lessee performs all of Lessee's obligations hereunder, said deposit, or so much thereof as has not theretofore been applied by Lessor, shall be returned, without payment of interest or other increment for its use, to Lessee or to the last assignee, if any, of Lessee's interest hereunder at the expiration of the Lease term hereof, and after Lessee has vacated the Premises. In the event of bankruptcy or other debtor-creditor proceedings against Lessee, such Security Deposit shall be deemed to be applied first to the payment of Rent, Additional Rent and other sums due Lessor for all periods prior to the filing of such proceedings. 5. RESERVED 6. COMMON AREA MAINTENANCE 6.1 The Lessor shall provide and maintain services to the Lease Area including the roof, pavilion exterior and foundations, window frame maintenance, exterior common area electrical lighting facilities, structural portions of the pavilion, and rain-gutters, flashings and downspouts. Lessor will also maintain sidewalk and maintenance repair, sidewalk sweeping, painting and decorating, landscaping, restroom maintenance and upkeep, sanitary systems, storm drainage systems, police or security services, exterior common area trash and debris removal, exterior common area cleaning, water and sewer services for the area outside the Lessee's assigned Lease and Lease areas, unless such maintenance and repair are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee, its agents, officers, employees, contractors, servants, invitees or guests, in which case Lessee shall pay to Lessor the reasonable costs for such maintenance or repairs. A TTY IAGR/201 0.012 022610 ~lnitialS 4