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<br /> MEMORANDUM OF
<br /> TERMINATION OF LEASE 98_ ��p�56
<br /> Memorandum of Termination of Lease, dated this 8th day of May, 1998, by and between
<br /> the City of Grand Island, Nebraska (the "Issuer"), and Monfort, Inc., a Delaware corporation
<br /> and successor in interest to Swift Company (the "Obligor"). �
<br /> .3�
<br /> WITNESSETH: c
<br /> . �
<br /> In consideration of the satisfaction of all obligations of Issuer and Obligor under that
<br /> certain Lease and Agreement, dated for reference purposes only April 1, 1964, filed July 24,
<br /> 1964 with the Hall County, Nebraska Register of Deeds at Book 13, Page 296, the First
<br /> Amendment thereto �led July 7, 1969, at Book 19, Page 33, and that certain First Supplemental
<br /> Lease and Agreement, dated for reference purposes only April 1, 1968, filed October 9, 1968
<br /> at Book 18, Page 135, by and between Issuer and Obligor (collectively, the "Lease"), Issuer and
<br /> Obligor have mutually terminated the Lease. The Lease and this Termination of Lease relate
<br /> to that certain property located in Hall Counry, Nebraska, more particularly described in Exhibit
<br /> A attached hereto and incorporated by reference herein.
<br /> Obligor has exercised its option to purchase the Project as permitted in the Lease, and
<br /> Issuer has conveyed the Project to the Obligor pursuant to mutually acceptable instruments of
<br /> conveyance executed by the Issuer in favor of Obligor.
<br /> The purpose of this Memorandum of Termination is to give notice of the termination of
<br /> the Lease and termination of the leasehold estate created thereby. The parties hereto
<br /> acknowledge that they previously executed a Memorandum of Termination of Lease terminating
<br /> the Lease, but are unable to find the same and have executed this Termination of Lease to
<br /> further confirm the termination of the Lease. Issuer further agrees that it will, at any time, and
<br /> from time to time hereafter, upon the reasonable request of Obligor, and without additional
<br /> consideration, execute, acknowledge and deliver, or will cause to be executed, acknowledged
<br /> and delivered, all such further acts, transfers, conveyances, powers of attorney, releases and
<br /> assurances as may be reasonably required by this Memorandum of Termination to more fully
<br /> terminate, release, transfer, recover, assure, and confirm to Obligor those obligations and
<br /> interests created, conveyed, transfened and delivered to Issuer pursuant to the Lease.
<br /> IN WITNESS WHEREOF, Issuer and Obligor have caused this Memorandum of
<br /> Termination of Lease Agreement to be executed and their respective seals, if any, to be hereunto
<br /> affixed at the place an don the date specified immediately adjacent to their respective names.
<br /> ISSUER:
<br /> CITY OF G ND ISLAN , NEBRA
<br /> Executed at Grand Island, Nebraska By: * �
<br /> on May �' , 1998 Ke eth Gnadt, Mayor
<br /> ATTEST:
<br /> � ' � ,
<br /> City Cl
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