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200905599
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Last modified
7/9/2009 4:52:05 PM
Creation date
7/9/2009 4:46:46 PM
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DEEDS
Inst Number
200905599
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~, <br />200905599 <br />3. Term and Possession. <br />a. Preliminary Term. The preliminary term of this Lease shall commence on July 1, <br />2009 and, subject to termination as herein provided, shall continue until July 31, <br />2010 (the "Freliminary Term"). During the Preliminary Term, Lessee shall have non- <br />exclusivepossession and use of the Leased Premises far purposes of construction of <br />the Improvements (as hereinafter defined). Lessee shall use reasonable efforts to <br />minimize disruption of the use of the Leased Premises by Lessors during the <br />Preliminary Term. <br />b. Initial Term. The initial term of this Lease shall be for a period of fifty (50) years <br />(the "Initial Term") beginning on June 1, 2010 (the "Commencement Date") and <br />ending, unless sooner terminated, on May 31, 2060. During the Initial Term, Lessee <br />shall have exclusive possession of the Leased Premises fox a period of sixty (60) <br />consecutive days between June 1 S and September 30 excluding the Heartland Event <br />Center on the Leased Premises and subject to concurrent access and parking for <br />events at the Heartland Event Center. Lessee shall have exclusive possession ofthe <br />Heartland Event Center for the period commencing fifteen (15) days prior to <br />commencement of the Nebraska State Fair and ending five (S) days after completion <br />of the Nebraska State Fair. Such possession periods shall be referred tv herein as <br />"Lessee's Possession Dates." Lessee's Possession Dates for the Leased Premises <br />excluding the Heartland Event Center for the calendar year 2010 shall be August 1- <br />September 29, 2010. Lessee's Passession Dates for the Heartland Event Center shall <br />be August 12 -September 11, 2010. Thereafter, Lessee shall deliver notice to <br />Lessors of Lessee's Possession Dates and dates for the commencement and ending of <br />the Nebraska State Fair for each calendar year during the Term hereof on or before <br />June 1 of the prior calendar year. <br />Notwithstanding the foregoing, Lessee hereby consents to the use of the Leased <br />Premises by the Hall County Fair on the following dates: July 14-18, 2010; July 20- <br />24, 2011; and July 18-22, 2012 and by Nebraska 4-H for the State 4-H Horse Show <br />and Exposition on the fallowing dates: July 12-15, 2010; July 18-21, 2011; and July <br />16-19, 2012. Thereafter, the Hall County Fair anal State 4-H Horse Show and <br />Exposition must end na later than July 25, unless otherwise agreed to in writing by <br />Lessee. Former shall deliver notice to the Parties of the Hall County Fair and State 4- <br />HHorse Shaw dates on or before June 1 of the prior calendar year. <br />c. Renewal Option. Provided that this Lease is still in effect and Lessee is not in default <br />of any material term, condition or covenant contained in this Lease at the time of <br />each renewal, this Lease may be extended at the option of Lessee for five (5) <br />consecutive renewal terms of ten (10) years each (each, a "Renewal Term") <br />commencing on the day following the last day of the Initial Term or the previous <br />Renewal Term, as the case maybe, and terminating on the 10t1i anniversary of such <br />expiration date, on the same terms and conditions set forth herein except that Lessee <br />-4- <br />
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