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�J • I�IISCEI�LANEOUS RECORD W 38289�THEAU6USTINEC0.6RANDISLAND,NEBR. on said premises such buildings, driveways, and other improvements as may be necessary or desirable for the aforesaid purposes, and in case Lessee, its assignee or sublessee, shall be unable to obtain from municipal or other public authorities, any permit or license necessary for the operation of a gasoline service 'station upon said premises, or in case any such permit or license, if obtained, be afterward revoked with— our fault of the one so obtaining it, or if the use of said premises for any of the purposes stated above be rest.rained or enjoined by judicial process, then and in such event or any thereof Lessee shall have the right to cancel this lease by giving Lessor at least ten (10) daysf notice of its intention so to do. 12. Lessor agrees that it is the essence of this lease that Lessee shall have the privilege of using said premises f or the purpose of operating thereon a gasoline service station, and for the sale of tires, tubes, batteries and automobile accessories and any other incidental commercial activity, and the con— struction of such buildings, driveways, and other improvemen.ts as ma.y be necessary or desirable for the aforesaid purposes, and if such use shall be forbidden, interfered wi.th, limited, or prevented by legislation or regulation of Federal, State, or local government, or any agency thereof, by requests of any governmental authority, by war conditions, or by any contingency beyond the control of Lessee, its assignee or sublessee, or if by reason of any similar restriction, limitation, interference or prohibition, the Lessee, or its assignee or sublessee, shall be unable to obtain adequate supplies of petroleum products essential to the profitable use of said premises for any of the purposes stated, or, if because of any request or order of any governmental authority, the sale of gasoline at said premises is substantially curtailed, then and in such event or any thereof Lessee shall have the right to cancel this lease by giving Lessor at least ten (10) daysf notice of its intention so to do. 13. Lessee agrees to indemnify and save harmless the Lessor from any legal liability arising out of or by reason of the operation, by Lessee, its sublessees or assigns, of a gasoline service station on the within leased premises. 14. It is expressly understood that neither this lease nor any extension thereof may be declared forfeited, nor may Lessee be held liable, or in any way responsible, for any failure to perform any of the covenants or conda.tions herein contained, unless such failure continues beyond ninety (90) days after the receipt of written notice by the Lessor to perform any specified covenant or �ondition. 15. If any part of the demised premises shall be taken by right of eminent domain or by any conveyance in lieu thereof or in connection therewith, then, when possession shall be taken thereunder of such part of the demi.sed premises, the rental rate prevailing immediately prior to such taking shall be reduced in the same proportion that the area imanediately prior to such taking is reduced by the taking, provided, however, that if, in the sole judgment of Lessee, the area remaining after such taking will not be suitable for the purpose of operating a gasoline service station, Lessee shall have the option of terminating this lease and any renewal or extension thereof by giving Lessor thirty (30) daysf written notice of its intention so to do, and provided further, that nothing herein shall be deemed a waiver of the sole right of Lessee to any award to which it may he entitled, arising out of such tak ing. 16. Lessor hereby warrants and agrees to defend the title to the land and premises herein demised and agrees that Lessee shall have the right at any time to redeem for Lessor by payment of any mortgage, taxes or other liens on said lands and premises in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof. 17. It is further understood and agreed that all notices given under thi.s lease shall be deemed to be properly served if delivered in writing personally, or sent by registered mail to the Lessor at the address herein sh aan, or to the Lessee at its main office in Chicago, Illinois. Date of service of a notice served by mail shall be the date on which such notice is deposited in a post office of the United States Post - Office Department. IN WITrFSS WHERFOF, .the said Lessor has hereunto caused its corporate seal to be affixed and these presents to be signed by its Vice President, and the said Lessee has caused this instrument to be executed the day and year first above written. UNIOI�' STOCK YARDS COMPANY OF GRAND ISLAND, a corporation (CORP) (SF.AL) By F. D. Woodward Vice President Attest: L. U. Woodward Secr.etary STANDARD OIL COMPANY __�,�,. By H. J. Bemis Manager, Gasoline and Refined Oils Dept. Approved as to Form L.B.L. Attorney, Standard Oil Co. STATE OF A'FBRASKA ) ) SS. On this 5th day of May, 1951, before me, the undersigned, a Notary Public in and COtJNTY OF HALL for said County, personally came F. D. Woodward, Vice President of the UNION STOCK YARDS COMPANY OF GRAND ISLAI�D, to me personally known to be the Vice President and the identical person whose name is affixed to the above conveyance, and acknowledged the execution thereof to be his voluntary act and deed as such officer and the voluntary act and deed of the said UI�ION STOCK YARDS COMPANY OF GRAND ISLAIVD, and that the corporate seal of the said UNION STOCK YARDS COMPANY OF GRAND ISLA1�?D was thereto affixed by its authority. WITNFSS my hand and notarial seal at Grand Island, in said County, the day and year last above written, My commission expires April 21, 1957. F. L. Pierce (SF.AL) Notary Public � Filed f or record. this 2 day of June 1951, at 8;30 otclock A. M. .��.�, ��'�� Register of Deeds � � ; , , F _ .{ —1—_ i i .