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m <br /> K3 H <br /> m� w z C m� <br /> o °� � Nm <br /> Oa m -<0 <br /> o X00 Z mz Co co <br /> w n 0 A yW O N <br /> O <br /> O <br /> teem 8 CCOO W C <br /> EA Cn <br /> a 0 Z <br /> po H <br /> cn <br /> 0 <br /> PREPARED BY AND RETURN TO: <br /> KUTAK ROCK LLP <br /> ATTN: NATHAN P. HUMPHREY, ESQ. <br /> 1801 CALIFORNIA STREET, SUITE 3100 <br /> DENVER, CO 80206 <br /> MEMORANDUM OF LEASE <br /> THIS MEMORANDUM OF LEASE (this "Memorandum") is executed as of December <br /> !mob 2012 and made effective as of December 73' , 2012 (the "Effective Date"), by and <br /> between STORE MASTER FUNDING II, LLC, a Delaware limited liability company ("Lessor"), <br /> whose address is 8501 E. Princess Drive, Suite 190, Scottsdale, Arizona 85255, and RMH <br /> FRANCHISE CORPORATION, a Kansas corporation ("Lessee"), whose address is 1701 <br /> Windhoek Drive, Lincoln, NE 68512. <br /> Recitals <br /> Lessor and Lessee entered into that certain Lease Agreement (the "Lease") dated as of <br /> December 11, 2012, the terms, provisions and conditions of which are incorporated herein by <br /> this reference to the same extent as if recited in their entirety herein, whereby Lessor has <br /> leased to Lessee, and Lessee has rented and leased from Lessor, on and subject to the terms, <br /> provisions and conditions of the Lease, that certain real property, together with all buildings, <br /> structures, fixtures and improvements now or hereafter located thereon, more particularly <br /> described in Exhibit A attached hereto and incorporated herein by this reference (the <br /> "Property'). Unless otherwise expressly provided herein, all defined terms used in this <br /> Memorandum shall have the same meanings as are ascribed to such terms in the Lease. <br /> NOW, THEREFORE, Lessor and Lessee hereby make specific reference to the <br /> following terms, provisions and conditions of the Lease: <br /> 1. The term of the Lease commences as of the Effective Date and expires on <br /> December 31, 2032, unless extended as provided below or terminated sooner as provided in <br /> the Lease. <br /> 2. Provided Lessee is not in default under the terms of the Lease, Lessee has a <br /> right to extend the term of the Lease for up to four (4) additional successive periods of five <br /> (5) years each, by written notice to Lessor as provided in the Lease. <br /> 4825-5410-6130.1 <br /> STORE/Concord (Applebee's) <br /> Memo of Lease-NE <br /> 721 Diers Avenue, Grand Island, NE 68803 <br /> File No 7210/02-81.13 <br />