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201507431
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Last modified
11/5/2015 9:11:32 PM
Creation date
10/29/2015 12:12:06 PM
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DEEDS
Inst Number
201507431
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2O 4 x,1 <br />3. Tenant has four (4) successive options, each of which entitles Tenant at its election to <br />extend the then current Term for an additional period of five (5) years per Option Term, subject <br />to all of the provisions of the Lease. <br />4. Tenant has the exclusive right in the Shopping Center to operate as a general tool and <br />tool accessories merchandise retailer. <br />5. Landlord agrees and covenants to Tenant that, following the date of this Lease, it shall <br />not enter into any leases or other occupancy agreements, or, to the extent that it has consent <br />rights, approve a change of use, sublease or assignment of any space in the Shopping Center to <br />any tenant, subtenant, assignee or other entity who will use any space in the Shopping Center <br />with a storefront entrance facing Highway 281 and whose storefront is located within one <br />hundred fifty feet (150') of the storefront of the Premises for any one (1) or more of the <br />following uses: (i) a training or education facility (including, but not limited to, a beauty school, <br />barber college, reading room, or other place of instruction catering primarily to students rather <br />than to customers), or (ii) a car wash, gas station, automobile repair shop, or any business <br />servicing motor vehicles, or (iii) a health spa, gym, exercise facility or other similar business, or <br />(iv) a sit down restaurant (primarily serving meals for onsite consumption), or (v) a place of <br />religious worship, or (vi) a movie theater, or (vii) a grocery store or supermarket. <br />Notwithstanding anything herein to the contrary, Landlord may lease the existing YMCA space <br />consisting of approximately 8,628 square feet to another fitness user, provided that the primary <br />entrance to such fitness user's premises shall be on the North elevation thereof, whereby the <br />entrance on the West elevation shall be for emergency use only. Further, Landlord may expand <br />the current YMCA space for a fitness user provided that (a) the expansion of the YMCA space is <br />to the East in the Shopping Center, and (b) the primary entrance to such fitness user's premises <br />shall be on the North elevation thereof, whereby the entrance on the West elevation shall be for <br />emergency use only. <br />Notwithstanding the foregoing, the restrictions set forth in this Paragraph 14.2 shall not <br />prohibit a tenant (its successors, assigns and subtenants) under a lease existing on the date of this <br />Lease (and any renewals or extensions thereof) from using space occupied by it for any use <br />permitted under such tenant's lease as of the date hereof; provided, however, if any such tenant's <br />lease requires Landlord's consent before such tenant may change its use in violation of this <br />Paragraph 14.2, Landlord agrees to withhold such consent. <br />6. Landlord and Tenant further acknowledge and affirm that this Memorandum of Lease is <br />not a complete summary of the Lease. Accordingly, Landlord and Tenant hereby agree that this <br />Memorandum of Lease shall not be used in interpreting the Lease provisions and that, in the <br />event of conflict between this Memorandum of Lease and the Lease, the Lease shall control. <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br />SIGNATURES APPEAR ON FOLLOWING PAGES <br />Grand Island, NE 2 <br />
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