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4 � <br /> � � <br /> THIS INSTRUMENT PREPARED BY AND <br /> SHOULD BE RETURNED TO: <br /> John D. Ruffier, Esquire n�_ �����s J <br /> Lowndes, Drosdick, Doster, Kantor& Reed, P.A. 7 <br /> 215 North Eola Drive <br /> Post Office Box 2809 <br /> Orlando, Florida 32802-2809 <br /> (407) 843-4600 <br /> TERMINATION OF OPTION AGREEMENT AND DISCHARGE <br /> OF MEMORANDUM OF PURCHASE AND LEASE OPTION <br /> (Boston Market-- Grand Island, Hall County,Nebraska) <br /> THIS TERMINATION OF OPTION AGREEMENT AND DISCHARGE OF <br /> MEMORANDUM OF PURCHASE AND LEASE OPTION (the "Termination Agreement") is <br /> made as of the��'% day of ;ri , 1998 by and between CNL AMERICAN <br /> PROPERTIES FUND,INC.,a Maryland corporation("CNL"), and BOSTON CHICKEN,INC., <br /> a Delaware corporation ("BCI"). <br /> WITNESSETH: <br /> WHEREAS, CNL and BCI entered into that certain Option to Purchase and First Right of <br /> Refusal to purchase and Lease Agreement(the"Option Agreement")dated September 15, 1995 and <br /> evidenced by that certain Memorandum of Purchase and Lease Option dated September 15, 1996 <br /> and filed September 19, 1995 at 1:27 P.M. as Instrument No. 95-106285 (the "Memorandum of <br /> Purchase and Lease Option") for certain real property located in Grand Island, Hall County, <br /> Nebraska, as more particularly described on Exhibit "A" hereto (the "Premises"); and <br /> WHEREAS, CNL and BCI each desire that the Option Agreement and Memorandum of <br /> Purchase and Lease Option be discharged of record as provided herein. <br /> NOW THEREFORE, for and in consideration of the premises hereof, TEN DOLLARS <br /> ($10.00) in hand paid by each party to the other and other good and valuable consideration, the <br /> receipt and sufficiency of which are hereby acknowledged, CNL and BCI do hereby agree <br /> as follows: <br /> 1. The Option Agreement is hereby terminated and canceled effective as of the date <br /> hereof and shall hereafter be of no further force and effect. <br />