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tEPARED BY AND RECORDING <br />QUESTED BY AND <br />HEN RECORDED RETURN TO: <br />v VICTORIA PEZZINI, ESQ. <br />IE TJX COMPANIES, INC. <br />- ) COCHITUATE ROAD <br />AMINGHAM, MA 01701 <br />Memorallum. <br />MEMORANDUM OF LEASE <br />c._ <br />w <br />(1) the sixtieth (60th) day after the completion of Landlord's Construction Work <br />(defined in the Lease), receipt by Tenant of notice of such completion from Landlord and receipt by <br />Tenant of permits for its work in the Demised Premises; and <br />P1 <br />THIS MEMORANDUM OF LEASE, made and entered into as of this Otai day of <br />.1.11 , 2017, by and between KM GRAND ISLAND JOINT VENTURE, LLC, a <br />Missouri limited liability company (the "Landlord "), and HOMEGOODS, INC., a Delaware <br />corporation (the "Tenant "), provides: <br />1. Lease. The provisions set forth in a written lease between the parties hereto dated <br />(the "Lease ") are hereby incorporated by reference in this <br />2. Demised Premises. The Demised Premises are more particularly described as follows: <br />The Demised Premises consist of a portion of a one -story building, to be renovated by <br />Landlord as provided in the Lease, and contain approximately eighteen thousand four hundred <br />sixty -six (18,466) square feet of ground floor area having a frontage of a minimum of one <br />hundred fifteen feet (155') and width a minimum of one hundred twenty feet (120') and such <br />other dimensions as shown upon the plan attached hereto (the "Lease Plan "), <br />3. Term and Option to Extend Term. The original term of the Lease shall be the period <br />of ten (10) years and a fraction of month commencing on the Commencement Date (as described <br />below) and terminating on the last day of the month during which the tenth (10th) anniversary of <br />the Commencement Date shall occur, except, however, that if the Commencement Date shall be <br />a first day of a calendar month then the original term of this lease shall be the period of ten (10) <br />years commencing on the Commencement Date and terminating on the day preceding the tenth <br />(10th) anniversary thereof. <br />Tenant shall have the right, at its election, to extend the term of the Lease for four (4) <br />extension periods of five (5) years each, each commencing upon the expiration of the original <br />term, or the original term as thus previously extended. In addition, Tenant shall have the right, at <br />its election, to extend the original term, or the original term as it may have been previously <br />extended as aforesaid, for an extension period of a fraction of a year ending upon the January <br />31st next following the expiration of the original term, or the original term as previously <br />extended, as the case may be. Such extensions shall be granted upon the terms and conditions <br />set forth in the Lease. <br />4. Commencement Date. The "Commencement Date" shall be the first Opening Day (defined <br />below) after the later to occur of the following dates: <br />(2) the sixtieth (60 day after a store operating under the trade name "Fresh Thyme" <br />having approximately 29,600 square feet of floor area ( "Fresh Thyme "), shall be open for business to <br />customers in the Shopping Center (the "Inducement Tenant "); and <br />(3) the sixtieth (60`h) day after Landlord shall have delivered to Tenant all of the fully <br />executed and acknowledged instruments referred to in Paragraph 8 of Schedule B to the Lease; and <br />g\legal \pezzini\homegoods\ne \grand island \park island square \memo of lease \memo of lease.docx 1 <br />