|
<br />I'V
<br />is
<br />is
<br /><Xl
<br />is
<br />CJ)
<br />()'l
<br />is
<br />I'V
<br />
<br />P
<br />:-'
<br />l;
<br />I
<br />
<br />10
<br />m
<br />'"'1'1
<br />c:
<br />n Z
<br />~~~
<br />
<br />;M;:C
<br />
<br />Upon recording return to: I I
<br />Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.
<br />320 South Boston Avenue, Suite 400
<br />Tulsa, OK 74103-3708
<br />Attn: Matt Crook
<br />
<br />n ~\"
<br />~cn
<br />nz
<br />~
<br />
<br />'''->
<br />e::::.,a ("") ell
<br /><.=
<br /><:'.."0 0 -j
<br />c- C 1>-
<br />c.:: z -j
<br />r- -j rrl
<br /> -< 0
<br />N 0 -"'1
<br />CD ...." Z
<br /> :::c PI
<br />-0 lo>- OJ
<br />::3 r- ::u
<br />r :t>>
<br />G.) (f)
<br /> ^
<br /> :r>
<br />N ....................
<br />CO (f)
<br /> (.f)
<br />
<br />
<br />>),1..
<br />::0 ,.~ '<
<br />r"ll~_
<br />C) \~.
<br />o "'f
<br />...,..,
<br />o U',
<br />
<br />~ l~
<br />o
<br />Vl
<br />
<br />MEMORANDUM OF LEASE
<br />
<br />STATE OF NEBRASKA ~
<br />~
<br />COUNTY OF HALL ~
<br />
<br />THIS MEMORANDUM OF LEASE (this "Memorandum") is made and entered into
<br />between the Hall County Airport Authority ("Lessor"), with a mailing address of Central
<br />Nebraska Regional Airport, 3743 Sky Park Road, Grand Island, Nebraska 68801 and
<br />SemMaterials, L.P., an Oklahoma limited partnership ("Lessee"), with a mailing address of 6502
<br />South Yale Avenue, Tulsa, Oklahoma 74136.
<br />
<br />Lessor hereby leases to Lessee the real property described in Exhibit "A" attached hereto
<br />(the "Leased Premises"), pursuant to the terms, conditions, and provisions of that certain
<br />unrecorded Lease and Agreement for Business/Industrial Park Buildings/Ground Sites between
<br />Lessee (as ultimate successor in interest to Consolidated Oil & Transportation Company, Inc.),
<br />as lessee, and Lessor, as lessor, dated February 1, 1999, as assigned to Lessee pursuant to that
<br />certain Plan and Agreement of Merger between FGI, LLC and Lessee, dated December 16,2005
<br />(the "Lease"). The initial term of the Lease commenced on February 1,1999, and shall, unless
<br />earlier terminated, remain in full force and effect for twenty (20) years thereafter, with Lessee
<br />having the option to extend the initial term for four (4) consecutive five (5) year periods
<br />thereafter (the "Term").
<br />
<br />Lessor hereby represents and warrants to Lessee that it is the record owner of all of the
<br />real property which is leased to Lessee pursuant to the Lease.
<br />
<br />The Lease constitutes a covenant running with the land and shall inure to the benefit
<br />of and be binding upon Lessor and Lessee and their respective successors and assigns.
<br />
<br />By this Memorandum, all parties dealing with the Leased Premises are hereby put on
<br />notice as to the rights and obligations of Lessor and Lessee under the Lease.
<br />
<br />In the event of any conflict between the provisions of this Memorandum and the
<br />provisions of the Lease, the provisions of the Lease shall control.
<br />
<br />All'capitalized terms used, but not defined, herein shall have the same meanings ascribed
<br />to such terms in the Lease.
<br />
<br />[Grand Island, NE]
<br />
<br />823764,1:731256:01918
<br />
<br />(j)
<br />
<br />Om
<br />N~
<br />D~
<br />ol!1
<br />co )>
<br />en
<br />Oz
<br />cn~
<br />Ul :n
<br />O~
<br />N)m
<br />~
<br />~
<br />
<br />~
<br />~
<br />\~~
<br />"'-..,
<br />
|