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WAREHOUSE LEASE <br />THIS AGREEMENT, made this 31st day of October <br />hEIIvZipkN S01,1S, a general partnership, <br />19 57, by and between <br />organized under <br />the laws of the State of lvebreska , hereinafter called the Lessor, and St. Paul Terminal Ware- <br />house Co., of St. Paul, Minnesota, organized under the laws of the State of Minnesota, hereinafter called the <br />Lessee. <br />WITNESSETH: <br />WHEREAS, the Lessor is the owner <br />County of hall <br />State of <br />of certain premises located at 6ra7 d island, <br />;uebraska more particularly described as <br />follows: <br />11rernises " <br />: >n enclosed outs_de storage yard of irregular dimensionslocated easterly and southerly of <br />Lessor's office and Warehouse Building and more fully described as follows: <br />Commencing at the Tdortheast corner of the Lessor's Office and tiiarehouse Building, proceed <br />; iesterly 4'J ft.; thence Northerly 44 ='t.; thence Easterly 421 ft.; thence Southerly 332 ft.; <br />thence lesterly 626 ft.; thence Northerly 15J ft.; thence Easterly i43 ft.; thence Northerly <br />It ft.; thence Easterly 55 ft.; thence Northerly 33 ft.; thence Easterly LW ft.; thence <br />Northerly 100 ft., to the point of beginning. <br />_`_hove described premises located on the following real estate: <br />?art iiorthwes t ^carter of Southwest ' ;uarter (I•ti; S ;d:' ), Section Twenty- (2'O, Tovinsh _p <br />Eleven (11); Range Nine ( ), !Tall County, Nebraska. <br />AND WHEREAS, the said Lessee does desire in connection with its business as a public warehouseman <br />to lease the premises above described. <br />NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the <br />parties hereto covenant and agree as follows: <br />1. The Lessor hereby leases to the Lessee all of its right, title and interest in the above described prem- <br />ises for a period beginning 31 October 1957 and terminating 30 Oc toberk 1961 . It being under- <br />stood however that the term of this lease shall be automatically extended for additional i't ear <br />periods thereafter, unless terminated as hereinafter set forth. <br />2. The Lessee hereby hires and takes said premises from the Lessor for the period above set forth, <br />and agrees to pay as rental therefor the sum of One Dollar ($1.00) and other good and valuable considera- <br />tion, the receipt of which is hereby acknowledged by the Lessor. <br />3. The Lessee, its agents, servants, and employees, shall have the right of free ingress to and egress <br />from said leased premises, through'or over any other premises of the Lessor. Lessee shall also have the <br />right to place and maintain its signs in and upon said premises, and on the property stored therein, to adver- <br />tise to an(--,' serve as notice to the public that said leased premises shall be operated as a warehouse during <br />the period of this lease. The Lessee shall also have the right to the free use of all of the Lessor's facilities <br />for handling, storing, weighing, preserving, packing and shipping the property stored therein. The Lessee is <br />to havo solL custody and control of the !eased premises and shall have the right, as a public warehouseman, <br />to receive into storage on the leased premises goods, wares, and merchandise and issue its warehouse <br />receipts therefor. It is expressly understood and agreed that the Lessor shall not have access to the leased <br />premises without the permission of the Lessee, or its Agent, and the Lessor shall exercise no control of any <br />kind or nature whatsoever over property on which warehouse receipts have been issued. <br />1. The Lessor warrants said premises to be suitable for the purpose for which they are intended to be <br />used, and agrecs, at its own expense, to keep said leased premises and all apparatus installed therein in <br />constant good repair and order, and to maintain- the premises at a proper temperature to protect and pre- <br />serve the goods stored therein; and to protect, indemnify, and hold harmless the Lessee against all claims <br />for loss or damage of any kind or nature to the goods stored therein, or thereon, which may occur or take <br />place through the failure of the Lessor to maintain such repairs, order and proper temperature, or from <br />any other cause whatsoever. <br />:i. The Lesser agrees to furnish adequate lighting for the leased premises and to pay for ail heat, light, <br />power, water, steam, - or other utility supplied to the premises during the period of the lease. Lessor fur- <br />ther agrees to pay all taxes or assessments that have been or may be hereafter levied against said premises. <br />5. This lease may be terminated by either party by giving a thirty (30) day written notice to this effect <br />t.o the other party. However, it is expressly agreed that in case the Lessee shall have issued and there be <br />outstanding warehouse receipts on any goods stored in the leased premises, under no circumstances shall <br />this lease be terminated until all such warehouse receiptsIave been surrendered to the Lessee for cancel- <br />lation, and until Lessor shall have paid Lessee all charges and advances due or owing said Lessee by said <br />Lessor. <br />7. The Lessor agrees to protect, indemnify and hold harmless the Lessee from all claims and demands of <br />every person or persons whatsoever, either for injury or damage or claims thereof, to person or to prop- <br />erty, upon account of anything whatsoever occurring in or about the leased premises or arising out of the <br />use and occupancy thereof by the Lessee. <br />