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<br /> 7NEAU6UitINEC0.12787 ' � � � � �
<br /> ASSIGNR�ENT �, �
<br /> THIS AGREEMENT made an�� entered into this 7th day of May, A.D. , 193�, by and betv�een WESTERN 'I'HEATRE �
<br /> ENTERPRISEB, INCORPORAT�D', a Corporat'ion organized and opera�ing' under and by virtue of the Iaw�
<br /> of Nebraska, with its pr�� rYCipal place of business in the Citv of 4rax�d Island,Nebraska, and WILLiA�d
<br /> YOUNG'I�AUS, of Grand Island, Nebraska, hereinafter, designated as Parties of the First Part, and
<br /> TRI-STATES THEATRE CORPORATION, a Delaware Corporation, with a place of business in Des b6oines,
<br /> Polk Coun�y, Iowa, hereinaPter designated as Party of the Becond Part, �IITNESSETH:
<br /> WHEREAS, the PartiPS of the first Part are the lessees of certain premises deaignated as the
<br /> southerly two-thirds oP the northerly halP of Lot Five t5) , Block Fiftv-fiv� (55) , original
<br /> town, now City of Grand Island,Nebraska, the same being Forty Peet more or Iess frontin� Locuet
<br /> �treet and Sixty-six feet depth af said lot, together with the bulldinga and improvements thereon
<br /> heretoPore used for and known as the Empress Theatre, under a lease dated the 7th day o� February,
<br /> . ;A.D. 1935, by and between 1�illia�n H.Thompaon, as lessor, and 1�1lliam Youngclaus, as
<br /> le$see, the ex�iiration date of said lease being; August 32at, 19�E3, and which �ease was assigned
<br /> on April 2, 1g36, by William Youn�claus to 1Nestern Theatre Enterprise, Incorporated, and
<br /> � d �Ghe Western Theatre Enter riees Incor orated are likewise the
<br /> n � P �
<br /> 1�PH�,REAS �Vill i�m Youn claus a P
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<br /> grantees under a certain option agree�ent under date of the �th day of Beptember, 1936, between
<br /> 1Nilllam H. Thompson and Nettie I.Thomp�on, his wife, the ownera of a�.id �roperty above described,
<br /> as grantora, and the Parties of the First Part, which optlonal agreement grants unto the said
<br /> 9�illiam Youngclaua and Western Theatre Enterprises, Incorporated, the option to lease said
<br /> premlees heretoPore deseribed f'or an additional period of five (5��1� years from and aPter the 31st
<br /> day oP August,19�K7, by the exercise oP such o�tion under the terms and conditions as apecified
<br /> in s�,id agreement, and which option has not yet been exercisea, and
<br /> WHERE:AS, the Parties of the First Part, in order to induce the Parties of the Second Part to enter
<br /> into triis Agreement, and with full knowled.ge that the Party of the Second Part, in entering into
<br /> this agreement, is re2ying upon the prepresentations and warranties hereinafter in this paragraph
<br /> eet Porth and that sucl� representations and warrer�ies survive the execution arld deZiver� oP this
<br /> Agrement, hereby represent and warrant that (Q) all of the terms, covenants and eonditions on the
<br /> part of the Ieesee to be performed to the date hereof under the said lease agreement, have been
<br /> duly perPormed, and (b) aIl of the terrns, covenants and conditione on the part oP the Pertiea of �
<br /> the Second Part to be perPormed to the date her. eof under the said option agreement have been duly
<br /> performed ( includin�, but not being limited to, the payment to be made to Lloyd Thompson as recited
<br /> in such option agreement) , and
<br /> �VHEREAS, the Parties oP the First Part desire to aeslgn and transter said 2ease, and aZso said
<br /> option agreemPnt, above described, and the Party of the Second Part deslred to aceept euch assign-
<br /> ment.
<br /> NOV�, THEREFORE, in consideration of the premisee, and of the covenants and agreements hereinafter
<br /> agreed to be kept and performed;-
<br /> THE PARTIES OF THE� FIRST PAI�T AGREE:
<br /> �I� To and they do hereby sell, assign, transPer and set over unto the Party of the Second Part
<br /> all of their right, title and interest in and to the certain lease above described as bet�een
<br /> �illlam H.Thompson, lessor, and William Youngclaus, leseee, under date of F'ebruary 7th, 1935, the
<br /> same having been aubsequently assigned with the conaent of the lessor to the l�estern Theatre Enter-
<br /> priaes, Incorporated.
<br /> (2) To and they do hereby sell, assign, transfer and set over unto the Party of the Second Part
<br /> all oP their right, title and interest in and to the certain option agreemen� above deseribed,
<br /> same being exeauted on t�ie 4th day of September, A.D. , 1936, by and between William H.Thompson
<br /> and Nettie I.Thompaon, his wife, as owners, and Billiam Youngcl�,us and the Western Theatre Enter-
<br />
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