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<br />200510854 <br /> <br />A. Amendment of Section 1.01. Section 1.01 of Article I of the Original Lease Purchase <br />Agreement is hereby amended to read as follows: <br /> <br />Section 1.01 (a) Lessee hereby covenants and warrants that it has full right, <br />title and authority to grant the license and easement rights granted in this Section <br />1.01 (a), as further made and confirmed in the Library Board Easement, and <br />further covenants and warrants that it will defend such rights in Lessor against the <br />claims of all persons whomsoever. Lessee (as easement grantor) hereby grants to <br />Lessor (in the separate capacity of easement grantee) a license and easement with <br />respect to the tracts of real estate located in the City of Grand Island, Hall County, <br />Nebraska, which are described as the Site for the Project on Exhibit A hereto <br />attached and incorporated by reference herein [reference is made to Exhibit A <br />attached to the Original Lease Purchase Agreement], for the location, <br />construction, acquisition, installation, operation and maintenance of <br />improvements, structures, goods which are to become fixtures, fixtures and <br />equipment constituting the Project, being all of the property, which together with <br />the Site constitutes the Project. The Project is to be leased and sold by Lessor to <br />the City pursuant to this Agreement. Such license and easement shall include full <br />access and use by Lessor (as grantee and its licensees and invitees and shall <br />permit all actions necessary or incidental to the location, construction, acquisition, <br />installation, operation and maintenance of the Project. The Project as financed <br />from the proceeds of Lessor's Building Bonds is hereby acknowledged to be the <br />separate property of the Lessor, subject to the rights provided for Lessee under the <br />terms of this Agreement. This license and easement shall continue until <br />November 15, 2015, unless all of the Building Bonds and any refunding bonds <br />issued by Lessor to refund the Building Bonds (whether one such series or more) <br />have been paid in full. <br /> <br />(b) Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, <br />upon and subject to the terms and conditions hereinafter set forth, the Project, as <br />and to the extent constructed and acquired under the terms of this Agreement. <br />Lessor shall lease the Project to Lessee for a term beginning on date of issuance <br />of the Building Bonds and ending on November 15,2015. Until payment in full <br />of all rental obligations hereunder the Project shall remain the property of the <br />Lessor and shall not become a part of the real estate described on Exhibit A hereto <br />attached. Upon the final payment of all rental obligations under this Agreement, <br />the Project shall be conveyed to Lessee in accordance with Article XVIII hereof. <br /> <br />B. Amendment of Section 2.02. Section 2.02 of Article II of the Original Lease <br />Purchase Agreement is hereby amended to read as follows: <br /> <br />Section 2.02. Lessee shall pay as additional rent: <br /> <br />4 <br />