|
_
<br /> I AC 1T CINCFr.T.ING AND. TERMINATING T,FASE •
<br /> =TERING PROSES N . -30.9 TEST 3RD
<br /> STEM, GRAND ISLAND, MEMEL
<br /> SGREEMNT, made and entered into this 6th day of July, 1955, by and
<br /> between MARK PROPERTIES, INC., a corporation organized and existing under the
<br /> laws of the State of Nebraska, with offices at No. 318 Railway Exchange
<br /> Building, Denver, Colorado, hereinafter called the aLandlordm, party of the
<br /> first part, and J. C. PENNEY COMPANY, a corporation organized and existing
<br /> Under the laws of the State of Delaware, with offices at No. 330 West 34th
<br /> Street, New York 1, N. Y., hereinafter called the "Tenant", party of the
<br /> second part,
<br /> WITNESSETH: That
<br /> • 1HEPEAS, by indenture of lease dated the 12th day of June, 1946, the
<br /> Landlord named therein, namely James Webb and Eva Webb, his wife, demised and .
<br /> leased to Tenant certain premises situated in the City of Grand Island, County
<br /> of Hall, and State of Nebraska, known and described in said lease as follows,
<br /> to wit:
<br /> :"The easterly two-thirds (2/3) of Lot Two (2),
<br /> Block Sixty-Four (64), original Town, now
<br /> City of Grand Island, Hall County, Nebraska,
<br /> and the building situated thereon (excepting
<br /> the room, or rooms, on the second floor and
<br /> the entrance-ways thereto, which room or rooms
<br /> are now used and occupied as a paint and sign
<br /> shop), being the same premises as now occupied
<br /> by second party, together with all rights,
<br /> privileges and uses connected therewith."
<br /> which said lease, by its terms and by the terms of that certain supplemental
<br /> agreement between the same parties dated the 11th day of July, 1952, will
<br /> extend to the 31st day of March, 1956, and
<br /> 'WHEREAS, the said premises are now owned by Mark Properties, Inc.,
<br /> a corporation organized and existing under the laws of the State of Nebraska,
<br /> being the party named in the first paragraph of this agreement as `"Landlordn,
<br /> and•
<br /> 'WHEREAS, Landlord and Tenant, parties hereto, have agreed to cancel
<br /> and terminate said lease dated the 12th day of June, 1946, as of midnight of
<br /> the 31st day of July, 1955,
<br /> NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and
<br /> other good and valuable considerations paid by Tenant to Landlord, the receipt
<br /> whereof is hereby acknowledged, and in consideration of the mutual covenants
<br /> herein contained, the parties hereto do hereby covenant and agree as follows:
<br /> 1. The aforesaid lease dated the 12th day of June, 1946 between
<br /> Landlord and Tenant shall be and hereby is cancelled, terminated and rendered
<br /> null and void and of no further force or effect whatsoever, as of midnight of
<br /> the 31st day of July, 1955, it being expressly understood and agreed that the
<br /> parties hereto shall be released and relieved from and of all obligations and
<br /> liabilities that might otherwise thereafter arise or accrue under said lese,
<br /> provided, however, that Tenant shall pay to Landlord the rentals accruing to
<br /> Landlord under and pursuant to said lease dated the 12th day of June, 1946,
<br /> down to the 31st day of July, 1955, being the date as of which the said lease
<br /> shall be so cancelled and terminated;
<br /> 2. On the date as of which the said lease dated the 12th day of
<br /> June, 1946 is so cancelled and terminated as aforesaid, Tenant shall release
<br /> iI and surrender to Landlord all of the premises demised under-said lease,
<br /> together with all of Tenant's right, title and interest therein, to have and to
<br /> hold the same unto the said Landlord forever, and andlord hereby agrees to
<br /> accept the surrender of the aforesaid premises on aaid date;
<br /> 3. Until such time as the said lease :ted the 12th day of June,
<br /> 1946 is terminated and cancelled as hereinbefore provided, the parties hereto
<br /> agree to perform and fulfill all of the terms, covenants, conditions and
<br /> provisions of said lease.
<br /> •
<br /> 1.
<br /> " /
<br />
|