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<br />WHEN RECORDED RETURN TO:
<br />Brent M. Kuhn
<br />Harris Kuhn Law Firm, LLP
<br />1005 South 107th Ave., Suite 100
<br />Omaha, Nebraska 68114
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<br />Assignment and Assumption Agreement for Ground Lease
<br />(Fuel Center at Store #2265)
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<br />This Assignment and ss ,b hon Agreement for Ground Lease ( "Agreement ") is
<br />made this day of�200 etween ALBERTSON'S, INC., a Delaware corporation
<br />( "Seller "), and BNS PROPERTY III, L.L.C., a Nebraska limited liability company ( "Buyer ").
<br />WITNESSETH:
<br />Whereas, Seller is a tenant of premises at 1235 Allen Drive, Grand Island, NE
<br />pursuant to the lease (the "Lease ") identified on Exhibit 2 attached hereto. The premises
<br />which are the subject of the Lease are located on a portion of the real property more fully
<br />described on Exhibit 1 attached hereto. As used herein, the term "Lease" shall mean and
<br />include the Lease and all amendments, modifications and supplements thereto, all as more
<br />fully described on Exhibit 2 attached hereto; and
<br />Whereas, this Agreement is executed and delivered pursuant to the terms of that
<br />certain Asset Purchase Agreement dated June 16, 2004, as amended, (collectively, the
<br />"APA "), by and among Buyer, Seller, and the other parties named therein as a Seller or a
<br />Buyer; and
<br />Whereas, Seller desires to assign the Lease to Buyer and Buyer desires that the Lease
<br />be assigned to it and to assume the obligations of the tenant under the Lease.
<br />NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
<br />conditions contained herein, and other good and valuable consideration, the receipt and
<br />sufficiency of which is hereby acknowledged, effective on the Effective Date (hereinafter
<br />defined) Seller hereby assigns the Lease, and all its right, title and interest therein, to Buyer,
<br />and Buyer hereby assumes and agrees to pay when due all sums payable under the Lease and
<br />389114.01
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<br />WHEN RECORDED RETURN TO:
<br />Brent M. Kuhn
<br />Harris Kuhn Law Firm, LLP
<br />1005 South 107th Ave., Suite 100
<br />Omaha, Nebraska 68114
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<br />Assignment and Assumption Agreement for Ground Lease
<br />(Fuel Center at Store #2265)
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<br />This Assignment and ss ,b hon Agreement for Ground Lease ( "Agreement ") is
<br />made this day of�200 etween ALBERTSON'S, INC., a Delaware corporation
<br />( "Seller "), and BNS PROPERTY III, L.L.C., a Nebraska limited liability company ( "Buyer ").
<br />WITNESSETH:
<br />Whereas, Seller is a tenant of premises at 1235 Allen Drive, Grand Island, NE
<br />pursuant to the lease (the "Lease ") identified on Exhibit 2 attached hereto. The premises
<br />which are the subject of the Lease are located on a portion of the real property more fully
<br />described on Exhibit 1 attached hereto. As used herein, the term "Lease" shall mean and
<br />include the Lease and all amendments, modifications and supplements thereto, all as more
<br />fully described on Exhibit 2 attached hereto; and
<br />Whereas, this Agreement is executed and delivered pursuant to the terms of that
<br />certain Asset Purchase Agreement dated June 16, 2004, as amended, (collectively, the
<br />"APA "), by and among Buyer, Seller, and the other parties named therein as a Seller or a
<br />Buyer; and
<br />Whereas, Seller desires to assign the Lease to Buyer and Buyer desires that the Lease
<br />be assigned to it and to assume the obligations of the tenant under the Lease.
<br />NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
<br />conditions contained herein, and other good and valuable consideration, the receipt and
<br />sufficiency of which is hereby acknowledged, effective on the Effective Date (hereinafter
<br />defined) Seller hereby assigns the Lease, and all its right, title and interest therein, to Buyer,
<br />and Buyer hereby assumes and agrees to pay when due all sums payable under the Lease and
<br />389114.01
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