|
� .
<br /> � .. �
<br /> � . AND WHEN RECORDED MAiL TO: � � � � .
<br /> 78-� �U fl 514
<br /> �
<br /> =STERS,INC.
<br /> i►�a+rao
<br /> 913 �NOPTM. CITRUS AVENUE �^ � �
<br /> MOLLYM/OOD, CALIFORNIA 90038 'r
<br /> TELEPHONEs (II13)t63•9876
<br /> CONTqACTOR'S LICENSE no7aeo M1�� SPACE ABOVE THIS UNE FOR RECORDER'S USE . ��
<br /> LANDLORD'S WAIVER AND AGREEMENT RE FIXTURES
<br /> Reference is made to the premises owned by you("Owner")and tocated at NP1C 2nd St t anA Nnrth Elia
<br /> C;cy ot Grand Island ,counry oe Hall ,State of Nebraska `
<br /> ' Said premises aze legally described as foltows: � Z
<br /> See Attached Exhibit "A"
<br /> Elsters, [nc. or one �its affiliated corporations, (hereinafter coliectively referred to as "Elsters") is proposing to
<br /> �� enter into a sec�.�iry agreemen[ (conditional sales contract or equipment lease) by lhe terms of which Elslers is �
<br /> contemplating selhng or leasing furnishings, fixtures and equipment(hereinaCter"the equipment'7 to be instailed in the �
<br /> premises,and the improvements constructed thereon.In the case of a sale,the equipment (including air condi[ioning)will � � � �
<br /> be sold under Elsters Security agreement,and in the case of ieased equipment,it wili be leased under an Elsters equipment
<br /> lease agreement. As an inducement to Elsters to sell or lease the equipment for installation in [he above premises, it is � �
<br /> aBeed as[ollows:
<br /> L In the event that Owner is not the purchaser or lessee of the equipment,and the purchaser or lessee(hereinafter
<br /> "Obligor")shall default in the performance of any of its obiiga[ions to Elsters,Elsters agrees to send you written notice of
<br /> j such detaul[ via United States mail,addressed to you at the address indicated below, no less than ten U O)days prior to � �-
<br /> � � removal o[any of the equipment from the premises. .
<br /> t 2. For[en(10)days after said written notice has been mailed to you,you,and yoursuccessors and assigns shall have
<br /> the right and option(subject to all o[Obligor's rights and the rights of any trustee in bankrup[cy), by wri[ten notice to
<br /> Elsters,to become a subs[ituted-purchaser or lessee by assuming all of the remaining obligations of Obligor to Eisters. - �
<br /> 3. In the event the option uader paragraph 2 is not exercised,or in the event or any default after it is exercised,it is
<br /> { agrced that Elsters may at any [ime thereafter, without further notice, remove the equipment,or any part thereof,from
<br /> [he premises. Elsters agrees to repa'u a1!structural damage to the premises caused by said removaL
<br /> 4. It is ageed that until such [ime as Elsters has been paid in full by Ob�igor,the equipment and ail addittonx to and
<br /> replacements and substitutions thereof,shall remain personal property, notwithstanding the manner in which it may be
<br /> affixed to the premises.
<br /> 5. In the event the Obligor, or any substituted Obligor,or any other tenant or occupant of the premises defaults in
<br /> payment or performance of his obligations to Owner or Els[ezs,Owner agrees,for a period of 24 months following such
<br /> default,to require any tenant or occupant of the premises,as a condi[ion of renting or otherwise using[he premises nnder
<br /> any arrangement, to become a substituted-0bligor of Eisters by assuming,in writing,all of the remaining obligations of
<br /> Obligor to Elstexs under t}te security agreemen[or equipment lease. , � �
<br /> 6. This agreement shall inure to the benefit of and be binding u n the uccessors, t�eirs,and assigns of the parties � � -
<br /> hertito.
<br /> If the above correctly sets forth our agreement, kindly indicate y r approv thereof by signing in the space provided
<br /> below,and returning one executed copy of this agreement to us.
<br /> :„
<br /> .. �S � .. � � . .
<br /> � Approved and Agreed to: ELSTERS, NC. `
<br /> John H. Niedfelt
<br /> sy ,
<br /> ' Richar la er , Vice President
<br /> ' c o Pla te al1 ompany;
<br /> OWner Stzeet Address �
<br /> (Signature must be notarized) 1028 South Adams St Grand IsZand� Neb'
<br /> City and tate
<br /> � wner treet ress
<br /> (Signature must be notarized) . � - � �
<br /> �� � . ity and State � .
<br /> .....i " . . � . ..
<br /> Owner treet ress
<br /> �.��� ' (Signature mnst be notarized) � . �...
<br /> : `s City and State
<br /> ��t „ � (Individual) '] n n -
<br /> i STATE OF__L`..4[�,.�i,�) �����Ai�W
<br /> � )ss. A���R.!�
<br /> COUNTY OF ) Mrdi�r..�M�aei
<br /> . � On ,before me,the undenigned,a Notary Public in and for said County and �
<br /> � . State,penonatly appesred � � known lo me to
<br /> be the peison(s) whose name(s) is/a bscribed to th within instrumen d acknowledge that he/they executed the
<br /> y :
<br /> sama � /j �+ ,�
<br /> - � .WITNE.SS my;hand and otf3cial seal. C%���� �. �� _,J
<br /> � , � � � � -��-� �NOTARV.:PUB�IC IN�#ND FOA SAIOCOUNTY ANO STATE � -- .a
<br /> .,.,. (Corpontion) i/l :
<br /> w :+ .STATE OF ) (' `
<br /> . ... : � � )ss. � '
<br /> COU1V7'Y OF ) � --.;�
<br /> °'� ��; �� � � � � .�'On � � ,before me,.lhe undersigned,a Notary Public in and for said Stale.personaliy �����" �` �'�-��'���
<br /> i_� : . � � ���appeared � ,known.to�me to.be the President, anJ , �
<br /> � � � known to�-me.to��be��lhe Secretary of tbe corporation thal execuled lhe wilhin instrument on behalf of lhe
<br />"'?��� � corporation therein�named;and.acknowledged.to me that such corporr[ion executed Ihe within instrument pursuam to
<br /> its bylaws or a resolution of itsboard of directors. �
<br /> � '���WITNBSS:RIy..heOd�eOd 01YIC18I.5CaL .�TAqY PIJBLIC.IN AND FOR SAID COUNTV qND STATE l300218
<br /> B/75
<br />
|