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<br />200706402
<br />
<br />Grand Island, Nebraska
<br />3323 West State Street
<br />UC: 026-0016
<br />File #3632
<br />
<br />Prepared by: Katrina Washington
<br />After recording, return to: Katrina Washington
<br />McDONALD'S CORPORATION
<br />One McDonald's Plaza
<br />Oak Brook, Illinois 60523
<br />
<br />AMENDED MEMORANDUM OF LEASE
<br />
<br />THIS AMENDED MEMORANDUM OF LEASE is dated j v!* ifLj .2007 between
<br />CONESTOGA NORTH, LLC, a Nebraska limited liability com pan DONALD D. MEHRING, and
<br />NANCY A. ERWIN, TRUSTEE OF THE NANCY A. ERWIN DECLARATION OF TRUST DATED MARCH
<br />10, 1986, as successor in interest by mense conveyances to Fred F. Mehring and Helen M. Mehring,
<br />husband and wife and Donald D. Mehring and Nancy Ann Erwin, son and daughter, each having an
<br />undivided 'l4 interest, as tenants in common ("Landlord") whose address is 3421 State Street, Plaza 4,
<br />Grand Island, Nebraska 68803, and McDONALD'S CORPORATION, a Delaware corporation, as
<br />successor-in-interest by merger to Franchise Realty Interstate Corporation, an Illinois corporation
<br />("Tenant") whose principal place of business is located at One McDonald's Plaza, Oak Brook, Illinois
<br />60523.
<br />
<br />Landlord leases to Tenant the Premises with improvements and appurtenant easements, if any, in the
<br />City of Grand Island, County of Hall, State of Nebraska, described on Exhibit A attached and made a part
<br />of this Amended Memorandum of Lease.
<br />
<br />1. TERM: The current term shall continue through and including November 2,2011.
<br />
<br />2. OPTION TO EXTEND: The term of the Lease shall be automatically extended for successive
<br />periods of 5 years each aggregating 25 years if Tenant does not elect to terminate the Lease at the
<br />end of the current term or any option period.
<br />
<br />3. FIRST REFUSAL: Landlord grants Tenant the right of first refusal to lease and purchase the
<br />Premises.
<br />
<br />4. SURFACE DRAINAGE AND INGRESS, EGRESS EASEMENT: Landlord grants to Tenant,
<br />during the term of the Lease and any extension thereof, a non-exclusive easement, appurtenant to Parcel
<br />1, for the purpose of surface draining any and all storm water runoff from Parcel 1 and the improvements
<br />which may, from time to time, be constructed, altered, modified and maintained thereon, over, upon and
<br />across the adjacent property of Lessor, and for the purpose of parking and vehicular and pedestrian
<br />ingress and egress to and from Parcel 1 for the use and benefit of Lessee, its successors, assigns,
<br />licensees, tenants, suppliers, and customers, over, upon and across the parking areas and spaces,
<br />driveways and accessways, sidewalks, and walkways, exits and entrances and other common areas, as
<br />said areas may from time to time exist on the property described as "Parcel 2" on Exhibit A.
<br />
<br />5. MEMORANDUM: The rentals to be paid by Tenant and all of the obligations and rights of
<br />Landi rd and Tenant are set forth in the Ground Lease dated April 28, 1975, and amended
<br />o L.R ,2007 as evidenced by Memorandum of Lease dated July 25, 1975, filed July 31,
<br />1975 i ook 29, Page 202 executed by the parties (collectively, the "Lease"). This instrument is merely
<br />an Amended Memorandum of the Lease and is subject to all of its terms, conditions and provisions. In
<br />the event of any inconsistency between the terms of the Lease and this instrument, the terms of the Lease
<br />shall prevail. This Amended Memorandum is binding upon and shall inure to the benefit of the heirs,
<br />successors, assigns, executors and administrators of the parties.
<br />
<br />S:IHO\DEPnLegeIIUSLEGAL lassetmgtlDivision - Central102610016\AMOLv2.doc
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