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repared by and after recording return to: <br />Stephanie J. Becker, Esq. <br />Super Market Developers, Inc. <br />5000 Kansas Avenue <br />Kansas City, Kansas 66106 <br />J <br />0 <br />co <br />MEMORANDUM OF BUILD AND LEASE AGREEMENT <br />THIS MEMORANDUM OF BUILD AND LEASE AGREEMENT <br />( "Memorandum ") is made and entered into this c5 day of June, 2015, by and <br />between SUPER MARKET DEVELOPERS, INC., a Missouri corporation ( "Landlord ") <br />and ASSOCIATED WHOLESALE GROCERS, INC., a Kansas corporation ( "Tenant "). <br />RECITALS: <br />The following recitals are a material part of this Memorandum. <br />A. Landlord and Tenant entered into a certain Build and Lease Agreement <br />dated April 7, 2015 (hereinafter referred to as the "Lease "), whereby Landlord, in <br />consideration of the rents therein agreed to be paid and of the covenants and <br />agreements agreed to therein by the respective parties thereto, demised and leased to <br />Tenant, and Tenant leased from Landlord, the real property legally described in Exhibit <br />"A" attached hereto and incorporated herein, together with all improvements thereon, <br />including, without limitation, the building (approximately 63,000 square feet) located <br />thereon, any additions thereto, the loading docks and all other appurtenances to said <br />building, all parking lots, malls, public walkways, aisles and driveways for ingress and <br />egress to said improvements and parking areas and to and from the streets and <br />highways, the storm water retention basin, if any, all landscaping, all utility lines and <br />sewers to the perimeter walls of any building or servicing such improvements, and the <br />pylon sign, if any, and the fueling station (collectively, the "Demised Premises "). The <br />Demised Premises are located in the City of Grand Island, County of Hall, State of <br />Nebraska. <br />1 <br />Q <br />