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<br /> NIISCELLANEOUS RECORD W
<br /> 39283�THEAUGUSTINECO.GRANDISLIIND,NElR.
<br /> premises (except any structures or equipment awned by Lessee) which map be damaged or destroyed in any manner, ;
<br /> or which may become worn out or nnfit for use� by reason of ordinarq wear and tear. In the event of Lessor�s
<br /> failure so to do, Lessee, at its election, map either terminate the lease on thir#y (30) dayst written
<br /> notice to Lessor, in which event rentals shall abate from the date of destruction or damage, or do the
<br /> necessary repairing or rebuflding at the exp�nse of Lessor and have the right to applp accruing rentals
<br /> for the purpose of re�mbursing itself for principal expenditures, together With interest at six per cent
<br /> per annwn� If during the time the premises are undergoing repairs, the use thereof by Lessee is materiallp
<br /> interfered'.with, the rental accruing during such period shall be abated.
<br /> (b) Durin� the term of this lease, I.essee shall maintain all mechanical equip�ent awned by Lessee in
<br /> ; good repair, and, whenever it deems necessarp, shall paint structures or equipment on said premises, but
<br /> Lessee shall not be required to rebuild or replace any such equi�nent.
<br /> (5) Removal of Property. Lessee shall have the right at anq tieie during the continuance of this
<br /> lease or within thirty (30) days after its termination to sever and remove all improvements, fixtures,
<br /> equipment and other property of Lessee placed on said premises by Lessee or any predecessor in interest of
<br /> Lessee during the term of this or any previons lease, or any extension or renewal thereof.
<br /> (6) Lessee�s Right of Termination. Should Lessee be prevented from establishing or continuing the
<br /> business of distributin� petroleum products on said premises by statute, legal regulation, or ordinance, or
<br /> order of any court prohibiting such business on said premises or in case of condemnation of said premises
<br /> or a major portion thereof for any public purpose, Lessee may terminate this lease upon giving thirty (30)
<br /> dayst written notice to Lessor, in �► ich eve�t the rental obligation shall be prorated to the date of such
<br /> termination.
<br /> (7) Damages for Defect of Title. Lessor covenants that Lessor is well seized of said premises, has
<br /> ' good ri�ht to lease the same, and warrants and agrees to defend the title thereto; and to reimburse and
<br /> hold Lessee harmless from all damages and expenses wh�ch I.essee may suffer by reason of anq restriction,
<br /> encumbrance or defect in such title.
<br /> (S) Tax�s and Encumbrances. Lessor agrees to pay all taxes, assessments and obligations �hich are
<br /> or may become a lien on the demised premises and improvements (except any awned by Lessee) as they may
<br /> become due. If Lessor should fail to do so, I.essee shall have the right either to make such payments for
<br /> the account of Lessor, _ in which event, it shall be subro�ated to all the rights of the holder of snch lien,
<br /> and in addition thereto shall have the right to apply accruing rentals in satisfaction of such obligation;
<br /> or Lessee, in the event of a foreclosure of any such lien and the sale of said demised premises and improve—
<br /> ments, shall have the right to buy in said premises and improvements for its awn account.
<br /> (9) Option. Lessor hereby gines Lessee the right and option to purchase the demised premises and all ,
<br /> structures and improvements thereon (other than improvements awned by Lessee) at any time during the ter�n of
<br /> this lease for the sum of NONE ($-----) Dollars.
<br /> Lessee�s notice of election to purchase shall be sufficient if deposited in the mail addressed to
<br /> Lessor at the depository above mentioned at or before midnight of the day on which option term expires.
<br /> Lessor shall, when requested by Lessee, deliver to Lessee complete abstracts of title, upon receipt of
<br /> which Lessee shall have a reasonable time in which to examine the title, and, upon completion of title
<br /> examination, if title is found satisfactory, shall tender the purchase price to Lessor, and Lessor, at time
<br /> of such tender, shall deliver to Lessee a good and sufficient warrantq deed conveying the preniises to
<br /> Lessee free and clear of all encumbrances.
<br /> (10) Application of Option Purchase Price. In event accrui.ng rentals are insufficient to reimburse
<br /> Lessee for expenditures �de by Lessee hereunder, and in event Lessee exercises option to purchase the demised
<br /> premises, I.essee may apply such part of the purchase price as is necessarp to (a) completely reimburse
<br /> itself for snch expenditures and (b) pay any other indebtedness of Lessor to Lessee, together with interest
<br /> at six per cent per anrium.
<br /> : (11) Notice. Anq notice by Lessee to Lessor hereunder may be given by mai�:ing same by registered mail
<br /> to Lessor at Lessor�s address hereinabove given.
<br /> (12) Approval and Signing by Lessee. This agreement, whatever the circumstances,shall not be binding
<br /> on Lessee unless and until approved and signed on its behalf by one of its Executive Officers, Regional Sales
<br /> Managers, Division Managers, or its Director of Sales Operations.
<br /> (13) Successors and Assigns. This agreement shall be binding upon and shall inure to the benefit of
<br /> the parties hereto and their respective heirs, executors, administrators, successors and assigns.:
<br /> (14) Special Provisions:
<br /> IN WITNESS Wl�REOF, Lessor and L�essee have hereunto subscribed their na.mes the day and year first
<br /> above written.
<br /> rWitness: Frank R. Frisina C. 5. Mitchell (Seal)
<br /> Lessor
<br /> Witness: A� .D. Ta�*lor _
<br /> _ .� . . CONTINENTAL OIL COMPANY ,
<br /> ATTEST: . � _w (Lessee)
<br /> By W. R. Fitzpatrick
<br /> Its DIVIS ION MANAGER
<br /> CONSENT OF LAND OWNER
<br /> The undersi�ned, c�wner of the above described land, hereby consents to the subletti.ng or assi�gning of
<br /> 'the rights of the above named Lessor in accordance with the above agreement, and consents to said agreement.
<br /> The undersigned further agrees that if Lessor named in the above agreement defaults in any of the terms or
<br /> conditions of the lease or other agreement under which said Lessor holds the above described premises, the
<br /> undersigned will advise Continental Oil Campany at Lincoln, Nebraska, herein called Conoco, in writing, of
<br /> said default, and said Conoco shall have twanty (20) days after receipt of said notice to make good said
<br /> default on the part of the above mentioned Lessor,�.and'`the undersigned agrees that so long as Conoco there—
<br /> after complies with the terms of said lease or agreement under Which the above mentioned Lessor acquired and
<br /> holds said premises, its rights in and to the property under this agreement shall be valid and re.�ain in
<br /> full force and effect. The undersigned expressly consents that Conx o may enter said premises and remove
<br /> thereform all fi�ctures, machinery and equipment which Conoco has placed or may place thereon at any tirae
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