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� � <br /> ' 77_ U(17209 <br /> MEMORANDUM OF LEASE <br /> (Short Form Notice of Lease) <br /> r <br /> THIS t4EMORAL7DUM OF LEASE made and entered into as of <br /> the lst day of December, 1977, by and between the VILLAGE OF <br /> DONIPHAN, NEBRASKA, a village located in Hall �ounty in the <br /> State of f]ebraska (the "Lessor") , and LINCOLN. EQfJIPi�lENT <br /> COtQPANY, a tlebraska corporation (the "Lessee") ; <br /> W I T N E S S F. T H: <br /> In consideration of the benefits inuring to each of them, <br /> the sufficiency and receipt of which are hereby mutually <br /> acknowledged, Lessor has leased to Lessee, and Lessee has <br /> leased frorr� Lessor, for the rental and upon the terms, con- <br /> ditions and provisions more particularly set forth in that <br /> certain Lease and Agreement made between Lessor and Lessee, <br /> bearing even date herewith (hereinafter sometimes called <br /> "Lease") , the tract of real property (the "Land") located <br /> in Hall County, IJebraska described in Lxhibit 11 attached <br /> hereto and made an integral part hereof, and the approximately <br /> 32,900 square foot manufacturing and industrial plant facility <br /> to be constructed and completed upon the Land, together with <br /> other related fixtures and improvements (the "Plant") and <br /> certain items of machinery and equipment for use in connection <br /> with the Plant (the "Leased Equipment") ; <br /> The aforesaid Land, together with the above-described <br /> Plant and structures and other improvements now or hereafter <br /> located tizereon, and Leased Equipment, together with all <br /> tenements, hereditaments, appurtenances, rights, privileges <br /> and immunities thereunto belonging or appertaining (beinq in <br /> the LPase and hereinafter called the "Project") , are subject <br /> to certain general real estate taxes and other matters of <br /> record, as set forth in the Lease. <br /> The Lessee is to have and to hold the Project, with the <br /> options, rights, privileges and appurtenances thereunto <br /> belonging, including without lirnitation thereby, certain options <br /> and obligations to purchase the Project, unto the said Lessee <br /> for and during the term of seventeen (17) years commencing <br /> as of December 1, 1977 and terminating November 30, 1994, unless <br /> such term shall be sooner terminated, as provided in the Lease, <br /> upon and subject to all of the options, rights, terms, conditions, <br /> obligations and provisions including, without limitation thereby, <br /> the rental , additional rental and all other monies to be paid <br /> by the Lessee more particularly set forth in the Lease which <br /> is deemed incorporated herein by reference with the same force <br /> and effect as though fully set forth herein. <br /> The purpose of this Memorandum of Lease is to give notice <br /> of the existence of the Lease, the leasehold estate created <br /> thereby and the rights, options and privileges contained <br /> therein, and is not intended to change, add to or detract from <br /> the Lease. If there is any conflict between the provisions hereof <br /> and the provisions of the Lease, the provisions of the Lease <br /> shall always control. <br /> IN WITLIESS CJHER�OF, Lessor and Lessee have caused this <br /> Memorandum of Lease to be executed and t:�eir respectiv� seals <br /> to be hereunto affixed, as of the day and year first above <br /> mentione�l. <br /> LESSOR ' � <br /> z- �y. <br /> VILLAGE OF DONIPHAN, NEBRIISECFI � <br /> , . �� / � 't: �,l��-ct � <br /> By ti <br /> �R~ Ch iriiidn of ttie Board <br /> - `` ' s� {{',� of Trustees <br /> �;' PiTTEST: . M <br /> , , <br /> ;L�� ��i C�.l: C-3 <br /> '=c Clerk � <br /> ��' � A L) <br />