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200007945
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Last modified
10/13/2011 8:00:18 PM
Creation date
10/20/2005 9:38:48 PM
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DEEDS
Inst Number
200007945
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200007945 <br />5. Title to Improvements: The Ground Lease provides as follows: <br />7.2 Fee title to all improvements constructed on the Leased Premises <br />by Tenant and all additions, alterations and improvements thereto made by <br />Tenant, even though a part of the realty, shall be and remain in Tenant during the <br />term of this Ground Lease. Upon the termination or expiration of this Ground <br />Lease, fee title to all improvements then located on the Leased Premises shall pass <br />to and vest in Landlord (excluding the Underground Storage Tank Systems, which <br />shall be removed by Tenant in accordance with Section 14). Notwithstanding the <br />foregoing, Landlord shall have the right to require Tenant to raze and remove any <br />or all trade fixtures, equipment, fuel facilities and/or monument signs permitted <br />under this Ground Lease and repair the parking area at the expiration or <br />termination of this Ground Lease upon written notice to Tenant. If Landlord <br />requires such removal, Landlord shall provide Tenant notice no later than one <br />hundred eighty (180) days prior to the termination of the Lease, provided that if <br />termination of the Lease occurs pursuant Section 3.6, Landlord shall give Tenant <br />notice of its requirement to remove any trade fixtures, equipment and/or <br />monument signs within 15 days of receiving Tenant's Cessation Notice and <br />closing shall be scheduled to permit removal of the trade fixtures, equipment <br />and/or monument signs. If such removal is required by Landlord, any damages to <br />any improvements, trade fixtures, equipment or monument signs remaining on the <br />Leased Premises resulting from such removal shall be repaired promptly by the <br />Tenant. <br />7.4 Tenant may sell any improvements, alterations or additions made <br />by Tenant on the Leased Premises to a third party, subject, however, to the <br />provisions of this Ground Lease. <br />6. Construction and Alteration of Improvements on Leased Premises: The <br />Ground Lease provides as follows: <br />7.1 Tenant may, at Tenant's expense and in accordance with applicable <br />law and upon procuring all necessary permits before undertaking such work, raze <br />any improvements on the Leased Premises and construct on the Leased Premises <br />any improvements, including, without limitation, Fuel Facilities, a store building, <br />single bay car wash and parking area, provided that Landlord shall review and <br />approve, which approval shall not be unreasonably withheld, any elevations of the <br />proposed improvements and site plan for the Leased Premises. Landlord shall be <br />deemed to approve Tenant's elevations and site plans if it has not responded <br />within thirty (30) days of receipt of the same. Tenant shall also make such <br />repairs, additions, alterations and improvements thereto as are reasonably <br />necessary to keep the Leased Premises in a condition consistent with the condition <br />of the remainder of the Shopping Center. All work performed hereunder shall be <br />diligently prosecuted and done in a good and workmanlike manner. Landlord <br />shall not be obligated to maintain, replace or rebuild any improvements located on <br />the Leased Premises. <br />7.5 Tenant shall (a) make all repairs, alterations or other improvements <br />in and to the Leased Premises required by governmental authority; (b) keep the <br />Leased Premises equipped with all safety appliances so required because of <br />Tenant's use or occupancy of the Leased Premises; (c) procure any licenses and <br />permits required for any such use or occupancy; and (d) comply with the orders <br />and regulations of all governmental authorities having jurisdiction over the use or <br />occupancy of the Leased Premises. Within thirty (30) days of receipt of a written <br />3 <br />
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