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201503851
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Last modified
11/5/2015 9:11:35 PM
Creation date
6/9/2015 4:26:40 PM
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DEEDS
Inst Number
201503851
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B. The Demised Premises and the Shopping Center are shown on the <br />approved Plot Plan attached hereto and made a part hereof as Exhibit "B ". The <br />Demised Premises are described as "DP" on Exhibit "B" attached hereto. <br />C. Landlord and Tenant now desire to execute this Memorandum and file <br />same of record in the official real estate records of Hall County, Nebraska. <br />NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: <br />201503851 <br />For good and valuable consideration, Landlord and Tenant duly entered into and <br />executed the Lease wherein Landlord leased unto Tenant the Demised Premises, <br />subject to the terms and conditions of the Lease, which include, but are not limited to, <br />the following provisions: <br />1. Initial Term. Tenant shall have and hold the Demised Premises for a <br />term of twenty (20) years ( "Term "), commencing on the earlier to occur of the following <br />dates: (i) sixty (60) days after the date of substantial completion of the construction of <br />the Demised Premises by Landlord in accordance with the approved plans and <br />specifications, the date of which such substantial completion shall be determined by <br />Landlord's Architect and Tenant mutually, in accordance with generally accepted <br />architectural principles, or (ii) the date on which Tenant opens the Demised Premises <br />for business to the public (such earlier date being referred to herein as the <br />"Commencement Date "), and ending, unless sooner terminated, on the last day of the <br />twentieth (20th) Lease Year (as defined in the Lease). <br />2. Extensions. Provided Tenant is not in default under the Lease beyond <br />any applicable grace period, Tenant, at its option, shall be entitled to the privilege and <br />option of four (4) successive extensions of the Lease, each such extension to be for a <br />period of five (5) years ( "Options "), subject to all the terms and conditions of the Lease. <br />Unless Tenant shall notify Landlord in writing at least one hundred eighty (180) days <br />prior to the expiration of the original Term or any extension thereof of its intention to <br />exercise a remaining Option, it shall be deemed not to have exercised its Option to <br />extend for the next ensuing term. <br />3. Use. Tenant may use the Demised Premises for the conduct and <br />operation of any business permitted by law. <br />4. Truck Access. Landlord agrees at all times to provide access for delivery <br />trucks to the loading docks on the Demised Premises. Landlord further agrees to make <br />no alterations, modifications or construct any improvements on the Demised Premises <br />which would limit or restrict access by Tenant's delivery trucks directly to and from <br />Broadwell Avenue and to and from Tenant's loading docks. <br />2 <br />
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