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<br />200602618
<br />
<br />PreDared by: Eli J. Wirtz. Casey's Genera] Stores. Inc.. P.O. Box 3001. Ankeny. IA 50021 Phone: 515/965-650]
<br />Send Tax Statements to: Accounting Dept., Casey's Retail Company, P.O.Box 300], Ankeny, LA 5002]
<br />
<br />~o. S-u
<br />
<br />MEMORANDUM OF LEASE
<br />
<br />THIS MEMORANDUM OF LEASE dated the ~!!t day of January, 2006,
<br />WITNESSETH, that as of the~fI~ay of January, 2006, Gas 'N Shop, Inc., a Nebraska
<br />corporation ("Lessor") has entered into a written agreement (the "Lease Agreement") with
<br />Casey's Retail Company, an Iowa corporation ("Casey's" or "Lessee"), pursuant to which Lessor
<br />has leased to Lessee the real estate locally known as 1814 N. Eddy, Grand Island, Nebraska
<br />being legally described as set forth in Exhibit "A" attached hereto, by this reference
<br />incorporated herein (the "Premises" or "Demised Premises"), which Premises have been
<br />developed and improved as a convenience store with gasoline sale facilities heretofore operated
<br />as Gas 'N Shop store no. 64. The said Lease Agreement provides that the lease shall continue
<br />effective for a term of five (5) years from and after February L, 2006 and expiring February
<br />----l--, 2011, subject to earlier termination as therein provided. The said Lease Agreement also
<br />includes material provisions essentially as follows:
<br />
<br />1. The Premises consist of the land, building and certain related fixtures and facilities,
<br />and also the equipment installed upon the said Premises for use in connection with the
<br />convenience store/gasoline filling station business conducted thereon, including, but not limited
<br />to, the underground storage tanks and gasoline dispensers, refrigeration equipment, shelving,
<br />ovens, food preparation equipment, display cases, business machines, and other equipment,
<br />whether attached or affixed in some fashion to the real estate, or not.
<br />
<br />2. The Lessee is responsible for payment of those installments of real estate taxes,
<br />special assessments and personal property taxes which would become delinquent if not paid
<br />during the lease term. Lessee is given the right to protest or contest the validity and/or amount of
<br />any tax levy, valuation, assessment or tax claim against the Premises.
<br />
<br />3. Lessee is given the right to make additions, alterations or improvements to the
<br />Demised Premises which do not weaken the structure of the building, or decrease the value
<br />thereof.
<br />
<br />4. No party claiming by, through or under the Lessee shall have the right to file or place
<br />
<br />After Filing Return To:
<br />Prestige Title & Escrow
<br />11516 Nicho]as St., #303
<br />Omaha, NE 68154
<br />
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