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<br /> I�IISCEI�LANEOUS R�CORD W
<br /> 99289�TXEAUGUSTINEGO.GRANDISLAND,NEBR. ' . � � _ �� . � � - '
<br /> Together with all appurtenances thereto and all right, title and interest of Lessors in and to any
<br /> and all roads, streets and ways bounding the said premises;
<br /> Together with the buildings, improvements, fixtures, equipment and facilities of the Lessors now
<br /> located on said premises.
<br /> (2) Term. TO HAVE AI�D TO HOLD for the term of ten (10) years, from and after the lst day of 2
<br /> January, Nineteen Hundred Fifty-one (Jan_uary 1, 1951).
<br /> (3) Rental. Lessee agrees to pay as rent for said premises the sum of One Thousand Two Hundred
<br /> Seventy-Five Dollars ($1,275.00) per month in ad�ance. The rent shall be paid only to C. J. McIntosh,
<br /> his assigns, administrators, executors, heirs or devisees.
<br /> - Lessee agrees that rental shall be payable in monthly installments and that if any installment
<br /> , � thereof shall be due and'unpaid for ten (10) days after written notice of such default has been delivered
<br /> to the Division Manager of The Texas Company at the University Building, Denver l, Colorado, Lessors
<br /> shall then have the right to terminate this lease on thirty (30) daysf written notice to Lessee.
<br /> Lessee, at its option, may apply at any time such rental or any installment thereof to the payment
<br /> ` of any indebtedness due or to bec+�me due from Lessors to Lessee. Such application shall be deemed payment
<br /> of such rental.
<br /> For the purposes of paragraphs 4(a) and 6 below, the monthly rental hereunder shall be apportioned
<br /> among the premises as follows:
<br /> Fourth F� Eddy, Grand Island, Nebraska $640:00
<br /> Sixth £� Pine, ' tt �� �t 250.00
<br /> Fourth E� Poplar, it f� �r 1i4,00
<br /> U, S. Hwy, #30 Tt tt 't 100.00
<br /> Main Street, Cairo, Nebraska 171.00
<br /> (4) Maintenance. (a) During the term of this lease, Lessee shall, at Lesseets expense, maintain
<br /> in good repair all buildings and improvements, including plumbing, heating equipment, air compressor,
<br /> hoist, pumps, electrical wiring and fixtures, and windows. Lessee agrees to paint the buildings and
<br /> improvements whenever it deems such painting necessary. If prior to and�or during the time any one of ':
<br /> the, premises are undergoing repairs the use thereof by Lessee is materially interfered with, the rent
<br /> accruing during such period or periods shall abate, with reference to said particular premises.
<br /> (b) Lessors agree to obtain and keep in force during the term of this lease ,
<br /> and any extension hereof at their own cost and expense policies of fire, lightning and extended coverage
<br /> insurance on the said premises, to the fair value thereof, which policies shall be made payable to
<br /> Lessors and Lessee as their;� respective interests may appear herein. Lessors agree to deposit such policies
<br /> or certificates or memoranda of the same with Lessee.
<br /> (5) Removal of Pro ert . Lessee shall have the right et any time during the continuance of this
<br /> lease or within thirty (30 days after its termination to sever and remove all buildings, and improve-
<br /> ments, fixtures, equipment and other property owned by Lessee or placed on said premises by Lessee during
<br /> the term of this lease, or any extension thereof.
<br /> (6) Lesseets Right of Termination. Should Lessee be prevented from establishing or continuing
<br /> the business of distributing petroleum products on the whole or any part of said premises, due to any
<br /> law, ordinance or regulation by any Federal, state or municipal authority, or to any restriction on the
<br /> demised premises and such restriction is not removed within ninety (90) days, then the Lessee may ter-
<br /> minate *his lease as to one or more of said premises so affected �apon giving .
<br /> ° � thirty (30) days� written notice, in wh.ich event the rental
<br /> obligat:i.on shall be prorated from the date that the Lessee is prevented in any manner from doing business
<br /> on said premises. If, during the term of this lease, a part only of one of said premises be taken for
<br /> public use under right of eminent domain, and if the remainder, in the opinion of the Lessee, is not
<br /> " � suitable for its purpose, Lessee, at its option, may cancel and terminate this lease as to said premises, 3
<br /> but if it shall not elect so to do, the monthly rental thereafter to be paid shall be reduced by an
<br /> amount which bears the same ratio to that herein apportioned to said premises as the area taken bears
<br /> ta the total area of said premises prior to such taking.
<br /> (7) Dama es for Defect in Title. Lessors covenant that they are well seized of said premises,
<br /> have good right to lease the same, and warrant and agree to defend the titles thereto; and to rei.mburse
<br /> and hold Lessee harmless from all damages and expenses which Lessee may suffer by reason of any restriction
<br /> encumbrance or defect in such titles.
<br /> f8) Taxes and Encumbrances. Lessors agree to pay all taxes, assessments and obligations which
<br /> are or may become a lien on the demised premises and improvements as they become due. If Lessors should
<br /> fail to do so, Lessee shall have the right to make such payments f or the account of Lessors, in which
<br /> event it shall be subrogated to all the rights of the holder of such lien, and in addition thereto shall
<br /> have the right to apply accruing rentals in satisfaction of such obligations; or Lessee, in the event of
<br /> � a foreclosure of any such lien and the sale of said demised premises or any one of them, shall have the
<br /> right to buy in said premises or any one of them for its own account.
<br /> ' (9) Option to Purchase. .Lessors hereby grant to Lessee the exclusive right, at Lesseets option,
<br /> to purchase on December 31, 1960, or on the last day of any extended term of this lease, the demised
<br /> premises, together with all structures, improvements and equi.pment thereon, free and clear of all liens
<br /> and encumbrances, including leases which were not on the premises at the date of this lease,
<br /> (a) for the sum of One Hundred Sixty-One Thousand Dollars ($161,000.00); it being understood
<br /> that if any part of said premises be condemned, the amount of damages awarded to or
<br /> accepted by Lessors as a result thereof shall be daducted from such price,
<br /> (k�) On the same terms and at the same price as any bona fide offer for said premises received
<br /> by Lessors and which offer Lessors desire to accepr. IJpon receipt of a bona fide offer, :,
<br /> and each time any such offer is received, Lessors shall immediately notify Lessea�, in
<br /> writing, of the full details of such offer, inclu3ing the name and address of any offeror,
<br /> _whereupon Lessee shall have thirty (30) days after receipt of such notice in which to
<br /> elect to exercise Lesseefs prior right to purchase. A'o sale of or transfer of title to
<br /> said premises shall be bin�ing on Lessee ur..less and until these requirements are fully
<br /> , complied withf
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