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Y 2U09U5599 "Any rights hereunder shall in all events be subject to the requirements of that Lease Purchase Agreement dated October 9, 2001 (the "Original Agreement"), by and between the City and Heartland, as amended and supplemented by that Addendum to Lease Purchase Agreement dated August 26, 2003 (the "First Addendum") by and between said parties, as further amended and supplemented by that Second Addendum to Lease Purchase Agreement dated as of December 1, 2004 (the "Second Addendum" and collectively, with the Original Agreement and the First Addendum, the "Agreement"), including, but not limited to, requirements for cancellation under Rev. Froc. 82-26 and, specifically, the requirement that the City have the right to obtain unencumbered fee title to the Project (including additions thereto) and exclusive possession of the Froject." Heartland is one and the same as Event Center, the Agreement is one and the same as the City Agreement, and the Froject is one and the same as the Event Center Property and all buildings and structures located thereon. Under the terms of the Management Contract and the City Agreement, the City hereby consents to the terms of this Lease. In entering into this Lease, the City with respect to the City Property and the City Improvements (as hereinafter defined), the City is acting under the terms of the Wells Fargo Agreement. The terms and conditions of the Wells Fargo Agreement provide that, upon default by the City in performance of such terms and conditions, the City may be deprived of its rights to possession of the City Property and the City Improvements and Wells Fargo may sell, lease or otherwise dispose of the City Property and the City Improvements in order to satisfy unpaid obligations of the City under the Wells Fargo Agreement. The Parties hereto acknowledge the rights and remedies of Wells Fargo as provided in the Wells Fargo Agreement and that this Lease is subject to the terms and conditions of the Wells Fargo Agreement with respect to the City Property and the City Improvements. The City hereby agrees to obtain written approval of this Lease from Wells Fargo and hereby undertakes and agrees to perform the terms and conditions of the Wells Fargo Agreement (specifically including each and all of the requirements for the making of rental payments) in such manner as to preserve and protect the rights of Lessee under the terms of this Lease. 2. Contin eg ncies. The abligations of the Parties, possession of the Leased Premises and construction of "Improvements" (as hereinafter defined) are contingent on satisfaction of those conditions set forth in Neb. Rev. Stat. § 2-113 which are required to be satisfied on or before July 1, 2009. In the event that such conditions are not satisfied by such date, this Lease shall be automatically terminated and the Parties shall have no further obligation or liability hereunder. _3_