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<br />83--004103
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<br />the event that the CPI is no longer published or is not generally
<br />recognized as an accurate measure of changes in the cost of living
<br />for urban conswners, then another index generally recognized as
<br />authoritative shall be substituted by the parties, and if they
<br />are unable to a{jt'ee, such other index shall be selected by the
<br />then President of the commercial bank in Grand Island, Nebraska,
<br />havinq the largest bank deposits of cny bank in said city, as
<br />shown'by its most recent annual statement, or if such President
<br />refuses- to act, by the Pres i dent of a s imil ar hank in Hastinos,
<br />Nebraska. Rent, as adjusted, shall continue to be oaid Quarterly
<br />durinG the ensuinn five (5) year interval followino such act just-
<br />n~nt and if there is a delay in determing such adjusted rent,
<br />Lessee shall continue to pay the rental, as adjusted, paid in the
<br />precedino year unti 1 such adjustment has been determined and aoplied
<br />retroactively to the beqinnino of the adjustment period then in
<br />effect. All rent unpaid when due shall bear interest at the rate
<br />of twelv~ percent (12%) rer annum or an interest rate two (2)
<br />~ercentaoe points hiGher than the prime rate of interest of the
<br />cor,~ercial bank having the nreatest deposits of any bank in
<br />Omaha, Nebn!ska, whichever is Greater, payable to lessor on demand.
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<br />&. "',\Xl'" ;rrl')rovenent Taxes, Assessment':. and Charges.
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<br />(<1) ;;-,is lease shall be a Hnet-net" lease to lessor and Lessee at'lrees
<br />to nay or (,'USe to be paid before penalty attaches thereto, a11 taxes, assess-
<br />ffients_ spec1a1 assessmentss around rents,. water, sewer.. electrical.. or other
<br />n'nts, r"ate'. "',d/'n€s, utility services fees, excises, levies, license fees and
<br />all other GovernmentJl ins[lection fees, in each whethel' <1eneral or special, of
<br />eVf'rv charact".., 'I' ,-esoect of the leased prooerty which at any time durino the
<br />:c""':H 0+ th1\ h~J')e~ ,)5 renew~d.. '~'~dY ~Je ,jssessed,' levied.. conr'inned or imposed
<br />unon the ~es~0r ~ncludirln a 1 cross receiJlts or similar' ~axes payable in
<br />t'~5'~ect of the re~erve~ rent~ 5al~s ~nd use taxes whictl may be levied or
<br />d$'iessed Jq,:\ H1::" fc bf~ Dayan 1e by e'l ther :"-essor 0r ~essee on account of the
<br />owner'snip 0:- ;;,e 0' the leased proeprty, 0" any put thereof) Qt" UDon the leased
<br />~}roper-ty -i tSt.t; f Of" Jny cart ~)let"eo~' or U!JO!1 the ~essee or on account of any
<br />tendncy~ orH;-.t\~lt'OtJ. use or possession of or sales from or activity conducted
<br />fr"om the 1e~lsed prefi11SeS Of' any Dart thereof~ General real estate taxes for
<br />trH? n r's t and 1 as t year of the lease sha: 1 be oro-rated bet...-een Lessor and
<br />(essee so thdt t>'e Lessor s>,a11 pay saie tax.es which relate to or are imnosed
<br />wi th n,s~ie::t to ;, ~riod of time ~r'ior" to the cOllf!lencement of the term and
<br />,~fter- lts terminat1on, dod Les~ee shal1 pay such taxes which relate to or are
<br />Hflposed wit!) r-espect to a o~Tioo of' time 1~cluded within the initial tet11\ of
<br /><.lny r-~newal term of t>'e led:>e. Whenever" any tax.es 0/" assessments are odyable
<br />1/1 dfHHI"l 'flsta11ments, the '..essee shan pay said instal1ments timely when they
<br />become due and pavab]e durin., the term of this lease or" durinq any renewals
<br />thereof; nrovldec', however, th.n Lessee sha11 have th~ l'Hlht to contest the
<br />v,)lidity of any tax or Jssessment payable by lessee ..'lieh Lessee deems to nave
<br />0et'1l illeo(jlly levied or assessed aQainst such premises or aQainst the LE.'ssor
<br />iJr' Lessee, ,md for' that purpose shall have the riqht to institute such nroceedings
<br />,\:, Lessee rid)' d!~em necessar.v,. nrovided that the e,_penses incurred by r'eason
<br />thereof shan be paid by Lessee. 1" the event that Lessee shall neolect to pay
<br />any such taxes ~efo,~ delinquency, Lessor shall have the ri~ht to make any such
<br />ta;( }laymen ts dod sha J 1 be re lfflbursea by the Lessee 00 account of such uii.vments
<br />upon df:l:Ja11d, tOGi?tne>r with interest at the hiqhest rate then permitted by law.
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<br />I,bi At the cO!lVll€/1cement of ttlis lease the Lessee shan be solely
<br />l"t'sponsibll:' fO'" the il1stal1at ion and Oih11l;;/lt for a11 sewer and water imorove-
<br />l!li~ots to the Dl'l1perty herein leased. The Lessee understands that, under' and
<br />by ,{lrtue of Pardgraph 19 of this lease, special improvement districts !J~ay
<br />be creat!:'d for the purpose of oui lding and maintainino a common sewer and
<br />water facilities to Wild Rose Ranch Estates. The Lessee aprees that at such
<br />time any such district illlProvements are made that the Lessee sha11 cau"e the
<br />P1'Ofl(U'ty lUSed to be hookec into any such water or sewer improvement created.
<br />T~ L~$See further agrees to payor cause to be paid all "pecial dssessments,
<br />t<1~~S or charges created liS II result of the installation of common sewer dnd
<br />Wllt~r facilitie$ for Wild RO$e Ranch Estates. In the event that Les"ee shall
<br />ne9I~'t to D<iJ ao,y such special improvement taxes befQr"e del inquency, lessOl'-
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