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<br />Pre Dared by: Eli J. Wirtz. Casey's General Stores. Inc.. P.O. Box 3001. Ankeny. IA 50021 Phone: 515/965-6501
<br />Send Tax Statements to: Accounting Dept., Casey's Retail Company, P.O.Box 3001, Ankeny, IA 50021
<br />
<br />MEMORANDUM OF LEASE
<br />
<br />THIS MEMORANDUM OF LEASE dated the .:L It ~ day of January, 2006,
<br />WITNESSETH, that as of the ~rl-day of January, 2006, Larry W. Coffey and Constance F.
<br />Coffey, husband and wife ("Lessors") have entered into a written agreement (the "Lease
<br />Agreement") with Casey's Retail Company, an Iowa corporation ("Casey's" or "Lessee"),
<br />pursuant to which Lessors have leased to Lessee the real estate locally known as 2223 S. Locust
<br />St., Grand Island, Nebraska being legally described as set forth in Exhibit ~~A" attached
<br />hereto, by this reference incorporated herein (the "Premises" or "Demised Premises"), which
<br />Premises have been developed and improved as a convenience store with gasoline sale facilities
<br />heretofore operated as Gas 'N Shop store no. 75. The said Lease Agreement provides that the
<br />lease shall continue effective for a term of five (5) years from and after February ~, 2006
<br />and expiring February ----2--,2011, subject to earlier termination as therein provided. The said
<br />Lease Agreement also includes material provisions essentially as follows:
<br />
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<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 Nicholas St. #303
<br />Omaha, j'\JE 68154
<br />
<br />'fn:) 174-, - Uu..
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