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76005976
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Last modified
7/15/2017 8:13:34 PM
Creation date
9/16/2014 10:07:44 AM
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DEEDS
Inst Number
76005976
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� <br />;:: , '�• �; <br />� :� <br /> _ � r�. �� <br />� � <br /> , - --- . <br /> - - � <br /> 76- UUSy ''16 <br /> , Section 10 . 10 . Rel'ease of. Land for Improvements . Notwithskanding any <br /> i other provisions of this Lease , the parties hereto reserve the right , by mutual written <br /> ' consent at any time and from time to time to amend this Lease for the purpose of <br /> � effectuating the release of one or more parcels o € land constituting a part of the <br /> �� o Demised Premises and the removal from the purview of this Lease and from the leasehold <br /> festate created hereby of such parcel or parcels of land to tlie extent permitted by law <br /> � and the conditions and requirements of [his Section ; provided , that no building , <br /> '' machinery or equipment is located thereon but on which utility , road or ather Crans- <br /> : ; <br /> �,�. portation facilities may be located ; and provided further , that the parcel or parcels <br /> � of land thus released or removed shall be used to construct improvements , or for the <br /> `�j rantin of an easement a fee or other title to a ublic utilit ublic or rivate <br /> 2.j g 8 , P Y , P P <br /> :� carrier or public body for providing or improving utility services or transportation <br /> £ facilities or other facilities for serving the Demised Premises . <br /> 1 ` <br /> r,� <br /> A <br /> � =f So long as any Bonds remain outstanding or sufficienC funds for their <br /> " payment in full are not held in trust by the Trustee , [his Lease may 6e amended for <br /> Qe the purpose above stated only when and if the following requirements have been fulfilled : <br /> 4 (a) the amendment of the Lease shall be duly executed by the Company und <br /> �;; the Lessor and shall bear the signed approval of the Trustee ; <br /> _r; <br /> � (b ) a fully executed counterpart of such amendment shall be deposited <br /> %� with the Trustee ; <br /> 7 � <br /> s (c) there shall be deposited with the Trustee a certified copy of the <br /> ;� resolution of the Governing Body approving and authorizing the execution of such <br /> .;# amendmQnt , stating the purpose for which the Lessor desires the release and removal of <br /> such land and the improvements which will be constructed thereon or the utility and <br /> '�' other facilities and services which will be provided or improved thereby , giving an <br /> + adequate legal description of the portion of the leased land to be released and removed <br /> + and requesting such release and removal ; <br /> :� <br /> - ;, <br /> ��_ (d ) there shall be deposited with the Trustee a certified copy of the <br /> >x resolution of the Board of Directors of the Company approving and authorizing the <br /> � execution of such amendment ; <br /> � <br /> ' (e ) there shall be deposited with the Trustee a certificate of a <br /> �' qualified engineer (who may be an employee of the Company ) , dated not more than <br /> forty- five (45) days prior to the date of the adoption of such resolution by [he <br /> Governing Body , stating that in the opinion of such engineer such parcel or parcels <br /> of land are not otherwise needed for the operation of the Demised Premises and thaC the <br /> . release or removal so proposed will not impair the efficiency or utilitarian value <br /> � � of the Demised Premises and will not impede the means of ingress thereto and egress <br /> ` ` therefrom to any material extent ; <br /> ( f ) there shall be filed with the Trustee a certificate signed by <br /> �� the Treasurer of the Lessor stating the amount of money that shall be deposited <br /> with the Trustee to be credited to the Bond Fund in payment for the parcel or parcels <br /> � of land so released and removed , which for the purposes thereof shall be equal to <br /> the fair market value thereof as determined by the Treasurer of the Lessor (who may <br /> ' rely upon an appraisal furnished by the Company ) ; and <br /> r{ . <br /> ' J <br /> ( g) there shall be filed with the Trustee the opinion of counsel <br /> acceptable to the Lessor stating that such amei�dment is valid and binding according <br /> to its terms . <br /> '?� Section 10 . 11 . Restrictions Upon Company ' s Financial Operations . <br /> .s <br /> (a ) So long as any Bonds are outstanding and unpaid , the Company has <br /> '�� guaranteed to the Lessor and the Trustee the payment of all basic and additional ren- <br /> �" tals and the performance of all other agreements , covenants and obligations of TV <br /> Time Foods , Inc . of Maryland . <br /> „�,-( .� r ',. <br /> -•-�, �f � . <br /> '� N r <br /> . . _ .� ; ... . <br /> L X-2 M1 <br /> t� <br />� � � � _ <br /> 4 . . <br /> S _ <br />� � <br /> J <br /> Y <br />
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