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<br /> I�IISCELL�ANEOUS RECORD W �
<br /> 38289�THEAUGUSTINECO.GRANDISLAND.NEBR. �
<br /> The options herein grar.ted shall be continuir.g and preemptive, birding on the Lessors� heirs,
<br /> devisees, admi.nistra�ors, executors, or assigns, ar�d r,he failure of Lessee to exercise same in any one
<br /> case shall not affect Lessee�s right to exercise such options in other. cases thereafter arising during
<br /> the term of thi.s lease or any extension thereof.
<br /> Upor receipt of Lesseets notice of election to exercise any option granted herein, which notice
<br /> shall be given in accordance with the :�otice Clause of thi.s lease, Lessors shall immediately deliver to
<br /> Lessee, at Lessorst expense, complete Abstracts of Title or other evidence of title satisfactory to
<br /> Lesse,e, ard shall also furnish, at Lessorst expense, up-to-date,surveys by a licensed or registered
<br /> professional engir:eer or surveyor showing elevati.on of property and corners marked with concrete monuments,
<br /> upon receipt of w�ich the Lessee shall have a reasonable time in which to examine title and upon comple-
<br /> tion of such examination if title is found satisfactory, shall tender the purchase price to Lessors, and
<br /> 4 Lessors shall thereupor. deliver to Lessee a good and sufficient �darranty Deed conveying the premises to
<br /> the lessee free and clear of all encumbrances (including without limiting the foregoing the rights of
<br /> dower and�or curtesy). All r�r.tals and taxes shall be prorated between Grantors and Grantee to the date
<br />� of delivery of the aforesai.d deed.
<br /> In event eitl�er of these options is exercised, the purchase price shall be paid only to C. J.
<br /> ricIr,tosh, his assigns, administrators, heirs or devisees.
<br /> Lesseets r.otice of election to purchase pursuant to either of the options granted in this clause
<br /> shall be sufficient if deposited in the mail, postage prepaid, addressed to Lessors at or before mid-
<br /> r�ight of the day on which optior period expires.
<br /> (10} Applicatior. of Option Purchase Price. In event accruing rentals are insufficient to re-
<br /> imburse Lessee for expenditures made by Lessee hereun.der excepting those required under Paragraph 4 (a)
<br /> of this lease, and in event Lessee exercises the option to purchase the demised premises, Lessee may
<br /> apply such part of the purchase price as is necessary to (a) completely reimburse itself for such expen-
<br /> ditures excepting those required under Paragraph 4 (a) of this lease, and (l�) pay any other indebtedness
<br /> of Lessor to Lessee, which indebtedness shall bear interest at the rate of 6o per annum from the date
<br /> such indebtedr_ess became due, to date of such application of purchase price thereto.
<br /> (11) Option to Factend Term. (a) The Lessors hereby grant to Lessee the right and option to
<br /> extend this lease for two additional periods of five (5) years each at the same rental and upon the
<br /> same terms an.d conditions, except for this paragraph. Lessee shall notify Lessors in writing of its
<br /> election to extend this lease sixty (50) days prior to the date of the expiration of the term of this
<br /> I lease, or of the first extension hereaf, and notice thereof shall be deemed sufficient if given in the
<br /> manner hereinafter provided.
<br /> (b) If` at any time during the term of this lease or of any
<br /> extension of this lease, Lessors shall receive a bona fide offer to lease the demised premises for a
<br /> term to begin subsequent to the present demised term or such exter�sion, and the Lessors desire to accept
<br /> such offer, Lessors will immediately submit to Lessee a written copy of such proposed lease with a full
<br /> disclosure of the terms and provisions thereof and Lessee shall have thi.rty (30) days after receipt
<br /> thereof in whicli to elect to lease said premises upon the same texms and provisions contained in such
<br /> proposed lease.
<br /> (c) It is agreec� that if Lessee does not in any instance elect
<br /> to lease said premises in accordance with the provisions of Paragraph 11 (b), such failure shall in no
<br /> way limit or affect LesseeTs right and option to extend this lease as provided in Paragraph 11 (a).
<br /> (12) Holdover. If, at the expiration or termination of this lease or any ,extension thereof,
<br /> Lessee shall hold over for any reason, the tenancy of lessee thereafter shall be from month to month
<br /> only and be subject to all other terms and conditions of this lease, in the absence of a written agreement
<br /> to the contrary.
<br /> (13) Assignment and Sub-Lettin�. Lessors consent that Lessee may assign or sub-let the premises,
<br /> provided that Lessee shall remain liable to Lessors for the perf ormance of all the terms hereof.
<br /> (14) 1�otice. Notices from Lessee to Lessors shall be sufficient if delivered to Lessors, or if
<br /> by telegram, or if placed in the United States mails, postage prepaid, addressed to the Lessors at the
<br /> address shown in this lease. Iiotices from Lessors to Lessee shall be sufficient if posted in. the United
<br /> States mails, postage prepaid, addressed to the Lessee�s principal place of business as shown in this
<br /> lease.
<br /> 5 (15) Change in Ownership. No change in ownership, assignment of this lease, or assignment of
<br /> rentals hereunder shall be binding upon Lessee unless and until Lessee has been furnished either the
<br /> original instrument evidencing such transfer, or assigr.ment, or a true copy thereof.
<br /> (16) Successors and Assigns. This agreement shall be binding upon and shall inure to the
<br /> benefit of the parties hereto and their respective successors or assigns.
<br /> Il� WIT��ESS t�fiEKF.OF, Lessors and Lessee have hereunto subscribed their names the day and year
<br /> first above written.
<br /> WITNESS; (Lessors)
<br /> Herbert P', liayer C. _j. McIntosh (SEAL)
<br /> Herbert F. Mayer Maybelle NfcIntosh (SEAL)
<br /> ATTEST: (CORP) THE TEYAS COMPAI�Y (Lessee)
<br /> (SEAL)
<br /> H. L. Hampton� By R. L. Saunders
<br /> Assistant Secretary Vice President
<br /> Form approved
<br /> GAB
<br /> STATE OF NEBPASKA ) `
<br /> )SS: On this 7th day of December, 1950, before me, a I�otary Public in and for said
<br /> COUrTY OF F�ALL ) County, personally came the above named C. J. ��cintosh and ;+laybelle McIntosh,
<br /> who are personally known to me to be the identical persons whose names are : -
<br /> affixed to the above instrument as Lessors an.d they acknowledged said instrument to be their voluntary
<br /> act and deed,
<br /> Witness my hand and notarial seal, the date last aforesaid.
<br /> (SEAL) Herbert F. Mayer
<br />,� My commission expires; H1ay 17, 1956 Notary Public
<br /> j Filed for record this 9 day of riarch 1951 at 8:30 ofclock A.M. �,�,,,,q, ���
<br /> � -
<br /> I Register of Deeds
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