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<br />� �ISCELLANEOUS RECORD V
<br /> 20058-TN[AUQtlSTINE CO.CRIIND ISLAND,NEBR. � '
<br /> The rental to be paid by the Lessee during said ext�nsion period or periods sha11 b� a
<br /> sum equal to one-quar'�er cent (�¢) per gallon on a11 gasoline (as defined in para�raph
<br /> 2 ) d�livered to �uch service gtation for sale.
<br /> The Lessee shal.l give to �he Lessor wr�.tten notice of its intention to exereige 1'�s
<br /> extension privile�� at least thirty (30) days prior to the expiration of the original
<br /> tern hereof, and if said extension privileg� is for succeasive periods of one year each
<br /> as provided in Clause 11 of this Paragraph 6, the Lessee shall gi.ve to th� Lessor a like
<br /> written notice at least thir�y (30) days prior to 'Ghe expiration of the then current
<br /> yearly per3.od, of its intention to ext�nd �his lea�� for and during the n�xt succ�e�.ing
<br /> yearly per�.od. Time and manner c�f making rental payments during any such extension shall
<br /> be the 5ame as provided for during the original term her�of.
<br /> 7 . Tf the Lessor or the Lessor� s successors or assigns a'� any tim� during the term
<br /> of �Gh3.s lease or any renewal or extension thereof receive�s a bona fide offer �o purchas�
<br /> said premises, buildings, fixtures, equipment , machinery and ap�l.ia.nc�s included in this
<br /> l�ase, and desir�s �o sell said premises, buildings, fixtur�s, equipment, machinery and
<br /> appliances under the terms of said off�r. Lessor agreeg to give Lessee thirty (30) days �
<br /> notiee in wri'�ing of such bona fide � offer setting forth tr�e name and address of the
<br /> proposed purehas�r who has made th� offer, �h� amount of the proposed purehas� prie� and
<br /> the t�rms of payment thereof. The Less�e shall have �he firs'� op�ion to purahase the
<br /> dem3.sed pr�mises wi�hin the above-mention�d thirty-day period at the same price and on
<br /> the same �erms of any such proposal. In the event that �he Lesaee does not exereis� ��s
<br /> option �o purchase the demised premises within the af'oresaid p�riod, this l�ase and all
<br /> of it8 t�rms and conditions �hall neverthel�ss remain in fu11 force and effeet and the
<br /> Lessor or any purehaser or purchasers of �he demised premise5 shall b� bound thereby and
<br /> i.n the �vent that sa3.d premises are f or any reason not �o1d pursuant to the bona f ide
<br /> offer s�t forth in the notice, the Lessee sha.11 have, upon the same conditions of notic�,
<br /> the continuing fir�t op�ion to purchase the said premises upon �he t�rms of any subsequent
<br /> bona fide off er or off�rs to purchase.
<br /> 8. Tt is mu�ually agr�ed tha.t 3f the leased premises axe damaged by fire, s'�orm,
<br /> or from any other ca�se, such dama�e shall. be repa�.r�d by the Lessor for�hwith afi'ter
<br />, the same o�curs, and if the extent of any such damag� is such as �o render said premisea
<br /> untenantable, the obligation of the Lessee to pay rental shall cease un�il the LeSSOr
<br /> shall have replaced said premi�es in a tenantable condition.
<br /> 9. It is further mutually agreed that the Lesgor 5ha11 pay a11 taxea and asB.essments
<br /> that may b� levied against the abo�� described premises and �he building and equipment
<br /> belonging to �he Lessor thereon, and the Lessee shall pay a11 taxes that may b� levied
<br /> or assessed against th� equ�.pment owned by the Lesgee thereon.
<br /> 10. If, in the sole �udgment of the Lessee, it appears likely that Lessee or any of
<br /> its assi�nees or sub-lessees may be obliged to pay any license, privil�e or excis� tax
<br /> because of its or their in�erest in or u�E of �he premises hereby l�ased, L�ssee may
<br /> term�nat� this lease or any r�newal or extension thereof bSr giving Lessor thirty day�'
<br /> w�i�tten not3.ce of its intEntion sa to do.
<br /> 11. Le�sor agrees that L�ssee may assign this 1eas� or subl�t �he premi��s and
<br /> equ�.pment ���rein described without conaent of Le�sor, and that Lessee, or i�s assignee
<br /> or sublessee, shall, have the prlv�.lege of using sa3.d premise5 for th� purpose of operat�,ng
<br /> thereon a gasol�.ne servi�e sta�ion, and for the sale of tires, tubes, batterles and
<br /> automobile accessories, and any other incidental eommercial ae�ivity, and that said
<br /> LesSee, its assignee or aubl�ssee, shall 13.kewise have the privilege of erecting on said
<br /> premises such buildings, driveways, and other improvements as may be nec�ssary or desirabl�
<br /> f or th� af oresaid purposes, and in case Lessee , its a,ssignee or �ubless�e, shall be
<br /> unable to obtain f rom municipal or other public author�.ties, any permit or license
<br /> nec�ssary f or th� operation of a �a�oline serv3.ce station u�on said premises, or in case
<br /> any such permit or license, if obtained, be afterward revoked without fault of the one
<br /> so ob�aining it, or if �he use of said r�remises for any of the purpose9 s�ated above b�
<br /> restrained or en�oined by �ud�.cial proee�s, then and in �uch event or any thereof Lessee
<br /> shall have th� ri.ght to cancel thi� lease by giving Lessor at least ten (10) days ' notice
<br /> of its intention so to do.
<br /> 12 n the event th Le �e 11 hold over be ond the
<br /> . T e ss sha y expiration of the term herein
<br /> rovided or an renewal or extension thereof it is ex ressl understood and a reed � t
<br /> P Y , P y g h a
<br /> any such hold-over tenancy sha11 be a month to mon�h tenaney only, and either the Lessor
<br /> or the LesSee may �erminate such tenancy at any time by giving th� other party thirty
<br /> (30) days written notice of its intention �o do go.
<br />, 13. It is fur�her understood and agre�d that all notic�s given under '�his lease
<br /> shall be deemed to b� properly served if delivered in wr�.�ting personally, or sen� by
<br /> r�gis�ered mail to the Lessor a� t'r�� addresg herein shown, or �o the Les�ee at its ma3.n
<br /> off3ce in Chicago, I1linoia, Date of serv3.ce of a notice served by mail sha1.1 be the � - •
<br />, date on wh�.ch such inotic� iq deposited in a post offic� of the United States Post
<br /> 0�°f i ce Department .
<br /> IN WZTNES� Z�IiERrOF, the said Lessvrs have hereunto �et our hands and seals, and the
<br /> gaid Lessee has caused this instrum�nt to be execu�ed the day and year f�.rst a,bove written.
<br /> Don R. Beberniss (SEAL)
<br /> Lessor
<br /> Mr� Don Heberniss (SEAL)
<br /> � Wife of Lessor
<br /> In Pre senee of :
<br /> G. I. Rud�
<br /> ^!� '� STANDARD OIL COMPANY
<br /> By_ J. H. Hayes
<br /> Manag�r
<br />' ACKATOWLEDGMENT FOR LESSOR (INDIVTDUAL)
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