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200102775
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Last modified
10/14/2011 2:15:54 AM
Creation date
10/20/2005 8:19:10 PM
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DEEDS
Inst Number
200102775
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200102775 <br />found to be invalid or unenforceable by operation of law, judicial proceedings or otherwise, the <br />remainder of this Agreement or the application of such term, covenant, condition or provision to <br />persons or entities or to circumstances other than those as to which it is held invalid or <br />unenforceable shall not be affected thereby, and each remaining term, covenant, condition or <br />provision of this Agreement or the application thereof shall be valid and enforced to the fullest <br />extent permitted by law. <br />9. All notices given pursuant to this Agreement shall be in writing and shall be given <br />by personal delivery, by United States mail, or by United States express mail or other <br />established express delivery service (such as Federal Express), postage or delivery charge <br />prepaid, return receipt requested, addressed to the person and address designated below: <br />Landlord: Robert M. Allen Family Limited Partnership <br />c/o Robert M. Allen <br />1115 West Second Street <br />P. O. Box 987 <br />Hastings, NE 68902 -0987 <br />Tenant: Albertson's, Inc. <br />250 Parkcenter Blvd. <br />P.O. Box 20 <br />Boise, ID 83726 <br />Attention: Legal Department Real Estate <br />Lender: Great Southern Life Insurance Company <br />300 West 11th Street <br />Kansas City MO 64105 <br />Attention: Mortgage Loan Administration <br />The person and address to which notices are to be given may be changed at any time by any <br />party upon written notice to the other party. All notices given pursuant to this Agreement shall <br />be deemed given upon receipt. For the purpose of this Agreement, the term "receipt" shall <br />mean any of the following: (a) the date of delivery of the notice or other document to the <br />address specified above as shown on the return receipt; (b) the date of actual receipt of the <br />notice or other document by the person or entity specified pursuant to this section; or (c) in the <br />case of refusal to accept delivery or inability to deliver the notice or other document, the earlier <br />of: (i) the date of the attempted delivery or refusal to accept delivery; (ii) the date of the <br />postmark on the return receipt; or (iii) the date of receipt of notice of refusal or notice of <br />nondelivery by the sending party. The parties agree that a copy of all notices given hereunder <br />shall also be given to such other persons and addresses as Landlord, Lender or Tenant may <br />designate in writing to the other parties. <br />10. Tenant agrees to provide Lender with a copy of any written notice of default <br />given to Landlord pursuant to the Lease. Tenant shall not terminate the Lease unless Tenant <br />has sent a copy of the notice of default to Lender and Lender has not rectified the particulars <br />specified in such notice of default within the time period allowed Landlord in the Lease. <br />
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