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202204885
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Last modified
7/1/2022 11:21:15 AM
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7/1/2022 11:21:14 AM
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DEEDS
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202204885
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202204885 <br />advance. The LESSOR has reasonable exclusions to construct signs relating to their business but are not <br />intended to be competing billboards. <br />7. Insurance and Indemnification: LESSEE agrees to indemnify and hold LESSOR harmless from all claims <br />of injury and damages to LESSOR or third parties caused by the installation and maintenance of the Structure or <br />displays on the Structure. <br />8. Early Termination: During the term of this Lease, should (i) LESSEE not be able to obtain or retain any <br />required permit(s) for the Structure, (ii) the use of the Premises for the Structure be prohibited, limited or restricted <br />by the terms of any restriction, covenant, regulation, ordinance or zoning resolution affecting the Premises, (111) the <br />view of the Structure is obstructed or obscured, or (iv) in LESSEE'S determination the location is no longer <br />economically or is otherwise undesirable, LESSEE may, at its option, terminate this Lease by giving LESSOR 90 <br />days written notice of its election to do so. In addition, either party may terminate this Lease upon breach by the <br />other party if the breach has not been remedied within 30 days of the defaulting party's receipt of written notice <br />sent by certified mail, return receipt requested, to the breaching party. Upon termination, all Rent shall cease and <br />the prorated portion of any prepaid Rent shall be refunded to LESSEE <br />9. Eminent Domain: If the Premises, or any part of the Premises which impacts the Structure, is taken by <br />eminent domain, this Lease shall terminate, at the option of LESSEE, in which case all Rent shall cease and the <br />prorated portion of any prepaid Rent shall be refunded to LESSEE. <br />10. First Right for Additional Structures: In the event that LESSOR receives an offer to lease any additional <br />portion of the real estate upon which the Premises is located for the purpose of an outdoor advertising structure, <br />then LESSOR shall so notify LESSEE by certified mall, return receipt requested at the address provided for above. <br />The notice shall contain the terms and conditions of the offer. LESSEE shall have 15 days from receipt of the <br />notice to agree to match the terms of the offer and to provide to LESSOR a lease for the outdoor advertising <br />structure in substantially the form of this Lease. Provided, nothing in this paragraph shall allow for another outdoor <br />advertising structure (except as owned by LESSEE) within 1000 feet of the Premises. <br />11. Rights on Sale of Premises: LESSOR shall notify LESSEE of any sale of the real estate which involves <br />the Premises by certified mail, retum receipt requested at the address provided for above. LESSOR shall have 15 <br />days from receipt of the notice to purchase an Easement for the Structure (the "Easement") for an amount equal <br />to 10 times the annual Rent then in effect. The Easement shall provide for use of that portion of the Premises <br />equal to the size of the Structure extended to the ground plus an additional 10 feet on all sides of the Structure. In <br />addition, the Easement shall grant LESEE the right of reasonable access to and egress from the Structure for the <br />purpose of constructing, maintaining, inspecting, repairing, removing, altering, relocating and reconstructing the <br />Structure, and for the provision of power, communication devices and connections to the Structure. If LESSEE <br />fails to respond to the notice within 15 days of receipt, then LESSEE's rights under this paragraph shall terminate. <br />12. Miscellaneous: No advertising for competing Tire sales and service, Religious, or Political will be allowed <br />to be posted on this structure while Pomp's Tire Service is the tenant. <br />13. Written Notices: Notices and communications conceming this Agreement shall be addressed to the parties <br />as provided for at the beginning of this Lease, or at such other address as either party may designate to the other. <br />14. Memorandum of Lease: At the request of LESSEE, LESSOR shall execute and acknowledge a <br />memorandum of this Lease, in a form suitable for recording. <br />15. Binding Effect: This Lease Is not binding until signed on behalf of both parties. Once signed, this Lease <br />shall be binding upon the heirs, successors and assigns of each party to include any successor owner of the <br />Premises. LESSOR agrees to notify the new owner of the existence of this Lease and to notify LESSEE promptly <br />of any change. In order to have any rights under this Lease, any successor LESSOR shall provide LESSEE with <br />the correct payee information for all future payments. <br />LESSOR: <br />Pomp's Tire Service, INC <br />Page 3 of 4 Lease6 NE20162022 <br />
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