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<br /> NIISCELL��,NEOUS �.ECORD V
<br /> 29058-TXlAUBUlTIXECO.iRANDISLIIHD,NEBR. '
<br /> 3. In consideration of the foregoing, the Lessor hereby sets over and as�igna unto 'Ghe
<br /> Lessee, wi'th right of Lessee to reassign to others, a7.2 of Lessor� s llcenses, consentg and
<br /> permits to maintain and opera�e a gasoline fil3ing �tation on the above described premises;
<br /> such assignment �o be effective only during the term of this lease, and a11 reneVrals and
<br /> extensions thereof.
<br /> �. Lessee and any assignee or sub-lessee is expressly given the right at any time dur-
<br /> ing the term of this lea�e or any extention thereof, and for a period of thirty (30) days
<br /> after the termination of this lease, or any extension thereof, by lapse of �ime or ather-
<br /> wise, to enter upon and remove from said premises any improvemen�s or equipment here�ofore
<br /> or hereafter purchased or pl.aced by it or them upon the leased premises, but shall not be
<br /> obliged to do so.
<br /> 5 . Leesor will kee� the building, driveways, the water pi�es, drains and sewers appur-
<br /> tenant thereto and all of Lessor� s equipment on the dem�.sed premises in good and sufficient
<br /> condi�ion and repair during the whole of the term hereof. The Lesqee sh�,l1 have the right
<br /> to paint the entir� building but shall not be obli�;ed to do so.
<br /> 6. The Lesee sha12 hav� the option vf extending this lease ag hereinafter provided,
<br /> upon the same terms and conditions which were in effect during the original �erm. . The
<br /> period or periods of such extensions shall be in aceordance with either one of the follow-
<br /> ing two c�auses, the lnap;�licable elause having been stricken bef ore the exec�ution of this
<br /> I.ease :
<br /> II. A total of not more than � successive periods of one year each.
<br /> The rental to be r�aid by the Lessee during said extension neriod or periods sha11 be a
<br /> sum equal �o One & f orth centa (1�¢) per gallon on all gasoline (as defined in paragraph
<br /> 2) deli.vered to such service station for sa3e.
<br /> The Lesse� shall �ive to the Lessor written notice of its intention to exercise i�s
<br /> ext�nsion privilege at 1eas� thirty (30) days prior to the expiration of the origin�.l term
<br /> hereof, and if said extension privile�e is f or successive periods of one year each as pro-
<br /> vided in Clause II of this Paragraph , the Lessee sha11 give to the Lessor a like written
<br /> notice at least thirty (30) days prior to the �xpiration of the then current yearly period,
<br /> oP its in�ention to extend this lease for and during the nex� succeeding yearly period. "
<br /> Time and manner of making rental payments during any such extens�.on shall be '�he same .as
<br /> provided for during the original term h�reof. .
<br /> 'J. If the Lesaor or the Leasor� s successors or assigns at any time durin� the t�rm of
<br /> th�.s l�ase or any renewal or extension thereof receives a bona fide offer to purchase said
<br /> premises, buildings, fixtures, equi�pment, machinery and appliances ineluded in this lease,
<br /> and desires to sell said premiees, buildings, fixtures, equipment, machinery and appliancea
<br /> under the terms of 5aid offer, Le�sor agrees to give Lessee thirty (30) days� no�ic� in
<br /> writing of �uch bona fide offer se��ing f orth the name and addre�a of the proposed pur-
<br /> chaser who has mac�.e the offer, the amount of the proposed purchase price and the te�ms of
<br /> �ayment thereof. The Lessee sha11 have the first option to �urehase the demi8ed premises
<br /> wwith3n the above-mentioned thirty-day period at the same �rice and on the same terms of
<br /> any such proposa].. In the event tha� the Lessee does not exercise its option to purchage
<br /> the demised premises within the af ore�aid period, this 1ea,se and all of its t�rms and con-
<br /> ditions shall nevertheless remain in full force and effect and the Lessor or any purchaser
<br /> or purchasers of. the demised premi�es shall. be bound thereby and in the event that said
<br /> premises are for any reason not sold pursuant to the bona fide offer set f orth in th� notice,
<br /> the Lessee sha�_� have, upon the same conditions of notice, the continuing first option to
<br /> purchase the said premisea upon the terms of any subsequen'� bona fide off�r or offera 'to
<br /> purchase.
<br /> 8. It is mutually agreed that if the leased premises are damaged by f ire, storm, or
<br /> f'rom any other cause, such damage shall be repaired by 'Ghe Lessor forthwith after the saxne
<br /> occurs, and if the ex�ent of any such damage is such a� to render said premisea untenan�alal�,
<br /> the obliga�ion of the Lessee to �ay rental sha�1 cease until the Lessor shall have replaced
<br /> �aid premises in a �enantable condition.
<br /> 9. I� is further mutually agreed that the Lessor shall pay a11 taxes and aasesaments
<br /> tha� may be levied against the above described premises and the building and equipmen� be- �
<br /> �.onging to the Lessor thereon, and the Lessee shail pay all taxes that may be levied or
<br /> assessed against the equipment owr�d by the Lessee thereon.
<br /> I.O. If, in �he sole ,�udgmen'G of the Lesaee, it appears likely that Lessee or any of
<br /> i�s assignees or sub-lessees may be obliged to roay any license,privi�e or excise tax of ,
<br /> its or their interegt in or use of �he prern�.ses hereb3T leased, Lessee may terminate this
<br /> ZE&.SE or any renewal or extension thereof by giving Lessor thirty days' written no�ice of
<br /> its in�ention so to do.
<br /> 11. Lessor agrees that Lesse� may assign thig lease ar suble'� the premises and �quip-
<br /> ment herein described without consent of' Lessor, and tha� Lessee, or its assi�nee or sub�'.-
<br /> ?essee, shal� have the privilege of using said premises f or the purpose of o�erating there-
<br /> �n a gaso�ine �ervice station, and for the gale of tires, tubPS, batteries and automobile
<br /> aece�sories, and any other incidental commereial aetivi�y, and tnat said L�ssee, its assign�e
<br /> or sublessee, sha11 lik�wise have the privile�e of ereeting on said premises such buildings,
<br /> driveways, and other improvements as may be ne�essary or desirable for the af oresaid pur-
<br /> poses, and in case Lessee, its as�ignee or sublessee, shall be unable to obtain from
<br /> municipa.l or other public authoritites, any permit or license necessary for the operation
<br /> �f a gaso3.ine service station upon said premi�es, or in case any such permit ar llcense,
<br /> if obtained, be af�erward revoked without fault of �he one so obtainin,g', it, or if the use
<br /> • of said �remises f or any af the purposes stat�d abov� be restra�.ned or en�oined by �udicial
<br /> process, then and in such even� or any thereof Lesse� shall have the right to cancei thi�
<br /> i�ase b�r givin;� Lessor at least '�en (10) days� notice of its. intention so to do.
<br /> Z2. In the event t�ie �essee shall hold over beyond the expiration of the term herein
<br /> provided or any renewal or extension thereof, it is expressly understood and agread �hat
<br /> any such hold-over tenancy shall be a mon�h �o month ten�.ney gn1.y, and ei�her the Legsor
<br /> or the Lessee may terminate such te.naney at any tirne by givin� the other party thirty (30)
<br /> days written notice of its intention to do so.
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