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<br /> = n ~ ,-..,:0 <br /> <=> ("> (J) ,~ <br /> ::c <.:=> C) <br /> "'" - 04 <br /> C m CI\ ~ C> N n:: <br /> n ::t ~ Z-i <br /> ~ Z ;li; ~(~ -0 -i1'T1 C> :0 <br /> ~ C ::0 -<0 m <br /> !'-!' 0-'" 0 0 <br /> ,lis Uu,-,ulucnt Wa3I'rcp(h~J by and n en c....:> "z ~ <br />N ~ :c .,., ex:> <br />Gl :rer n:cUlding should be H;lulllcd te.: '=' r :::I: rTJ Z <br />Gl m ::D pro c::::> <br />Q) m ::3 r :xl en <br />Gl 0 r> N -t <br />N avis WIie;lll TIc-maiEā‚¬! LLP (/l (J) -J :n <br />-....,J ~ ex:> 7" c: <br />Q) 300 SW FifLIl Avwl:lt, Stlite 2300 :r>- ex:> s: <br />+:-. -c -- n1 <br /> ullluuJ, OICe;uu 97201 , 0> (/) -t:: ~ <br /> en <br /> .tt11. Timothy M. DOll:l3iE_ Z <br /> 0 <br /> ;pace above reserved for recorder's use) <br /> <br />SHORT FORM MEMORANDUM OF LEASE AND <br />PURCHASE OPTION AGREEMENT <br /> <br />;:.?tJ I 50 <br /> <br />THIS SHORT FORM MEMORANDUM OF LEASE AND PURCHASE PPTION <br />AGREEMENT (this "Memorandum") is made and entered effective as of Feb~ -.d, 2008 <br />(the "Effective Date"), by and between IRET PROPERTIES, a North Dakota Limited <br />Partnership (the "Landlord"), and EDGEWOOD GRAND ISLAND SENIOR LIVING, LLC, <br />an Oregon limited liability company (the "Tenant"). <br /> <br />BACKGROUND <br /> <br />Landlord is the owner of that certain real property described on the attached Exhibit A, <br />including all buildings and improvements thereon (the "Premises"). Landlord and Tenant have <br />entered into a Lease dated as of the Effective Date (the "Lease") pursuant to which Tenant shall <br />lease the Premises from Landlord in accordance with the terms and conditions contained in the <br />Lease. The Lease contains a purchase option (the "Purchase Option") pursuant to which Landlord <br />has granted Tenant an option to purchase the Premises in accordance with the terms set forth in <br />the Lease. Landlord and Tenant desire to execute this Memorandum for the purpose of recording <br />it in the county in which the Premises are located to evidence the existence of the Lease and the <br />Purchase Option. Therefore, Landlord and Tenant hereby agree as follows: <br /> <br />1. Lease and Purchase Ootion. Landlord and Tenant have entered into the Lease and <br />related Purchase Option that shall become effective as of the Effective Date and shall remain in <br />full force and effect until terminated in accordance with the Lease. <br /> <br />2. Notices. All notices permitted or required hereunder shall be in writing and shall <br />be given pursuant to the terms of the Lease. <br /> <br />3. Bindin2 Effect. The Lease and the Purchase Option shall be binding upon, and <br />shall inure to the benefit of, Landlord and Tenant, and their respective personal representatives, <br />heirs, successors and assigns. No modification or waiver of any provision of the Lease shall be <br />valid unless it is in writing and signed by the party against whom it is sought to be enforced. <br /> <br />4. Conflicts. In the event of a conflict between the provisions of this Memorandum <br />and the Lease, the provisions of the Lease shall control. <br /> <br />Return TO:T- 0, I b59 S r <br />First Nebraska Title <br />Attn: Lisa <br />2425 South 120th Street <br />OmaM.NE 68144. <br />