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<br /> IvIISCELLANEOUS RECORD W
<br />� $8289�THEAU6U8TINECO.GRANDISLIIND,NEBR. �
<br /> huilding to cost r.c�t less than �ixteen Thousand Five �'undred DOLI.�°,nS (�16,500.00) according to the plans
<br /> and specificar.,i�� s attached i�ereto anc� nna.de a part hereof--consi.stir.g of buildirg, worlc bench, display
<br /> shelvirig, desk at;3 other interior furnishi.ngs,mirror, soap ar;d towel dispensers, electrical wiring and
<br /> fixtures i.n building, plumbing in building, :�ra.in in lube room, ��ater service, storm and service sewer, a.nd .
<br /> cahen necessary, sa��itary sewer, furr,ace, d,.acr. work, f uel oil storage tank with pipes and fittings, original
<br /> ins*allatioz� of 1_i.g11t ��ulrs, gra3ing an� sar,d fill , corcrete pa� at punp island, inside drives and
<br /> • approaches, �or;crete bumpers on piunp island pa.d, l�.nscapir.g ar.d clean up work, pump island a.nd ya.rd lighting
<br /> fixtures ins±-al7_e�l ar�d wi.re3, tob`�ocated on sa.id premises ir. accordan�e with the attached plans and specifi
<br /> catior.s, al.�_ a*., t�ie cost c�f I:essor. ::essor agrees to begin construction of said building and the installa�ion
<br /> of said equi_pmert s�i.thin One ��undre� '?ighty (1�0� days after t?ze ex_ecution of t}lis lease a.nd to continue
<br /> suc.1� cor;srrurtior ar�i �r,stal_l�ti.or. c,�i*.!� due diliger�ce until said building and equipment are completed ar.d
<br /> rea3y for occu�ar.cy by T...es�ee, ai �ahich timQ I,essor shall notify T.essee in �ariting that the premises are rezKly
<br /> for occupa.r,cy, it l�eing a.greed. r.,1�ar sai�i station sk�all k�e completed and ready for � occuparcy on or before
<br /> iwo T�turdred Cever.ty (2,^0� �ays from *►�e date hereof.
<br /> �. �;essee agr�ees to furr:isll and irsta.11 buildirg letters, origina.l painting of the entire building,
<br /> ene (1) �ir� compressar, or.e (1.) '.�oist, recessary pump arcl 3olly outfits, wiring te and at pump island,
<br /> wiring to sigr, ai.r l�r:es to pump island, caater to ptunp island, Five (5) comptrting pumps, Ti�o (2) underground
<br /> tanks �aith recess�r•y pipes and fittings for pumps at�a tanks, n�;d one (1) Standard Qval Torch sign at LesseeTs
<br /> cost an�t ex�erse, at suc�� rime or times as will cor,form with I,essorts construction schedule.
<br /> 7, Lessor tiai.l.l kee� *he ��uil.dir�g, dri.veways, the water pipes, drains a.nd sewers appurter.ant thereto
<br /> and �11 of I;essor�s equi.�ment or. the 3emised; premises ir good and sufficient condition a�d repair during
<br /> the whole of the term h.er. eof, The I:essee shall have the right to pain.r the ertire building but shall not be
<br /> obliged ta do so, exe�pt as provided for in Secfrion 6 above. ,
<br /> A. I.essee s}�al.l have tlle option of exter.ding this lease for a. total of r.ot more than Two (2) successive
<br /> periods of Five (5) years each, upor the same terms and cond.itior>s whieh were in effect during the original
<br /> term. The rer,*a]_ to ?�e �aid by Lessee during s�id extension period or. periods shall be the sum of Two
<br /> Liund.red �ever:ty-five t`(�:�?,"'?S (�'275.00) per month,
<br />� ?,essee s�tall_ give to the I,essor �aritten notice af its ir.tention to exercise its extension privilege at
<br />� ]_east thirty (30� days prior te the expiration of tl�e original term hereof, and if said extension privilege
<br /> is for sl�ccessi.ve peric��is ..esseP shall aive to Lessor a like written notice at l�,g.� thirty (30) days prior
<br /> to the ex�i.rar.,i.or of t,he then current period, of its intei�tion to extend r,his lease for and during the next
<br /> succee�ing period. Time ar.d. manrer of making rental paymerts durir.g any such exter�sion tihall be the same as
<br /> provided for d�.,r�it�g t:be origi.nal term hereof.
<br /> 9, �,essee si�a11 havs, and i5 i�ereLy given the privilege of purchasing said premises, buildings, fixtures,
<br /> equipmer.t, machinery and a.pplicances inclnd�:�; in this lease, for the sum of Forty-fi�re thousand DGLI:ARS
<br /> (�'45,0�.^,.00; provided I.essee shall give said Lessor r,otice in �ariting of its election to exercise said
<br /> option of purchase, at least tD�irty (30) days prior to the expiration of this lease, or at least thirty (30)
<br /> days prior to t)ze e�piratien of any e.xtension periocl, if this lease be extended; and Leone E. Shehein, wife
<br /> of Lessor, iains in this option of purcha.se and agrees in event of *he exercise of the said option of
<br /> purcha.se by said I,essee, to joi.n said L,essor in the execution of a proper deed of conveyance, and Lessor
<br /> agrees that if said option of purchase is exercised, he wi.11 convey a. merchantable title to said real
<br /> estate by gooci ar.d sufficient warrax�ty deed, with release of dower, homestead or other rights o� his wife,
<br /> and free fr. om all incumbrances wha.tsoever, and wil1. furnish a merchantable abstract showing merchantable
<br /> title to said land in said Lessor, free fr.om a11 lier,s and incumbrances brought do«n to the date of conveyanee.
<br /> The Lessee shall have a rea.sona.ble time a,fter receipt of said abstract in which to complete an examination
<br /> thereof, a,r.d if s�.ach examinati�r discloses objections to t'�e title, the Lessor shall have a. reasonable time
<br /> in whi_ch ro czire such defects.
<br /> 10. It is m�,i*ually agreed that if the leased premises are damaged by fire, storm, or from any other
<br /> cause, such damage shall be repaired by Lessor forth�vith after the same occurs, and if the extent of any
<br /> such da.mage is suc�� as to render said premises untenantable, no rental shall be due, or shall a,ccrue, for
<br /> any period durin� which said premises are untenantable.
<br /> It is a.gre.�d that in the event Lessor fails to or is unable to replace said service station and improvements
<br /> Lessee shall �iave the right at its option to do so and apply accruing rentals on the costs of ssid replacements
<br /> until I.,essee ha.s beer full.y reimt�ursed for the expense of making such repl.acement.
<br /> 11. It is ''further mutually agreed. tha.t Lessor shall pay all taxes and assessments that may be Ievied
<br /> against the above-described premises an•� the l�uilding and equipment belonging to Lessor thereon, and Lessee
<br /> shaJ_1 pay a]_1 taYes th?t may be levied or assessed against the equipment owned by Lessee thereon.
<br /> 12-A, It is further agreed that any assigrament of this lease by lessee, Standard dil Company, ar.
<br /> Indiara Corporation, shall not rel�eve such lessee from the payment of the rentals herein provided nor from
<br /> any other obligations and liabilities herein provided.
<br /> 12, I.;essor agrees that Lessee may assign this lease or sublet the premises and equipment herein des-
<br /> cribed without :.onsent of Lessor, and tha.t Lessee, or its assignee or sublesse�, shall ha.ve the privilege aF�
<br /> usirg said premises for the purpose of operatir� thereon a gasoline service station, and f or the sale of
<br /> tires, tubes, baZ:tP.T'1P.5 and at�tomobile accessories, and any other incidental comm�rcial activity, and that
<br /> said Lessee, its assignee or sublessee , shall likewise have the privilege o� erecting on sai d premises
<br /> such buildings, dr:iveways, and other improvemerts as may be necessary or desirable for the aforesaid purpose�.
<br /> 13. In the event Lessee, its assignee or sublessee, sha,ll be unable to obta.in from municipal or other
<br /> puk�l_ic a.uthorities, ar,y permit or license necessary for the operation of a gasoline service sta�io'r. :� upon
<br /> the premises herein described, or in case any such permit or license, if obtained, be aftert�ard revoked
<br /> without fault of the one so obtaining it, then ard in such event or any thereof, Lessee shall have the ri�ht
<br /> to cancel. this lease by giving Lessor at ]_east ten (10) days� notice of its intention so to do.
<br /> 14. I£ the L1SP, of the premises herein described for any of the pir poses stated above be res�rained or
<br /> enjoined by iudicial process, then and in �uch e��ent or � any thereof, Lessee shall have the right to cancel
<br /> this lease by giving Lessor at least ten (10) dayst notice of its intention so to do.
<br /> 15. If any part of the demised premises shall be taken by right of eminent domain or by any conveyance
<br /> in lieu thereof or in connection therewith, then, ��hen possession shall be ta.ken thereunder of such part of
<br /> the demised premises, the rental rate prevailing immediately prior to such taking shall be reduced in the
<br /> san e proportion that the area imm.ediately prior to such taking is reduced by the taking, provided, however,
<br /> that if, in the sole judgment. of Lessee, the area remaining after such taking will not be suitable for the
<br /> purpose of operating a gasoline service station, Lessee shall ha.ve the option of terminating this lease or
<br /> any renewal or extension thereof, and all liability of Lessee under such lease, renewal or extension by giving
<br /> Lessor thirty (30) dayst written notice of its intention so to do, and provi.ded further, that nothing herein
<br /> shall be deemed a waiver of the sole right of Lessee to any award to which it may be entitled, arising out
<br /> of such taking,
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