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<br />200702101 <br /> <br />AMENDMENT OF LEASE <br />AND <br />GRANT OF RIGHT OF FIRST REFUSAL AGREEMENT <br /> <br />, THIS AMENDMENT is made and entered into on this 2- day of Il",.&/ LA!, 2006 by <br />and between CINDY BRADDY, hereinafter referred to as "Lessor" and TO~ <br />MANAGEMENT, L.L.C., a Nebraska limited liability company, hereinafter referred to as <br />"Lessee" . <br /> <br />WITNESSETH: <br /> <br />WHEREAS, under date of April 22, 1977, Mark Schuele and Phyllis Schuele, husband <br />and wife, as Lessor and Mid-Nebraska Quality Foods, Inc., an Ohio corporation, as Lessee <br />entered into a certain Lease and Grant of Right of First Refusal (the "Original Lease <br />Agreement't), a copy of which Lease and Grant of Right of First Refusal is attached hereto as <br />Exhibit "A" and is incorporated herein and made a part hereof by this reference; and <br /> <br />WHEREAS, under date of December 16,1996, Mark Schuele and Phyllis Schuele, <br />husband and wife, as Lessor and Toukan Enterprises, Inc., successor in interest to Mid-Nebraska <br />Quality Foods, Inc., as Lessee entered into a certain Renewal and Amendment of Lease and <br />Grant of Right of First Refusal Agreement ("the 1996 Amendment"), a copy of said Renewal and <br />Amendment of Lease and Grant of Right of First Refusal Agreement is attached hereto as <br />Exhibit "B" and is incorporated herein and made a part hereof by this reference; and <br /> <br />WHEREAS, under date of January 1, 1999, Toukan Enterprises, Inc. (Assignor) and <br />Lessee entered into a certain Lease Assignment and Assumption Agreement wherein Toukan <br />Enterprises, Inc. assigned to Lessee all of the Assignor's right, title and interest in and to the <br />Original Lease Agreement as amended by the 1996 Amendment, which Assignment is recorded <br />in the Office of the Hall County Register of Deeds as Document No. 99-100059; and <br /> <br />WHEREAS, due to the deaths of Mark Schuele and Phyllis Schuele, the ownership of the <br />real estate subject to the Original Lease Agreement as amended by the 1996 Amendment was <br />conveyed to Lessor by deed dated June 30, 2003 and recorded in the Office of the Hall County <br />Register of Deeds as Document No. 200311123; and <br /> <br />WHEREAS, due to the deaths of Mark Schuele and Phyllis Schuele, the Original Lease <br />Agreement as amended by the 1996 Amendment was assigned to Lessor by Assignment of Lease <br />Agreement dated June 30, 2003 and recorded in the Office of the Hall County Register of Deeds <br />as Document No. 200311124; and <br /> <br />WHEREAS, Lessor and Lessee desire to further amend the Original Lease Agreement as <br />amended by the 1996 Amendment on the terms and conditions as provided hereinbelow. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and conditions contained <br />herein and for other good and valuable consideration, Lessor and Lessee agree as follows: <br /> <br />1 <br />