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200501144 MEMORANDUM OF LEASE O�a�le,�b THIS MEMORA DUM OF LEASE is made and entered into as of the day of r , 2004, by and between 281 & OLD POTASH LLC, a Nebraska limited liability company ( "Landlord ") and KOHL'S ILLINOIS, INC., a Nevada corporation ( "Tenant "). WITNESSETH: WHEREAS, Landlord is the owner of certain land located in the City of Grand Island, Hall County, Nebraska, which is legally described on EXHIBIT A attached hereto and is depicted on the site plan attached hereto as EXHIBIT B (the "Land "); WHEREAS, pursuant to a certain Lease dated November 30, 2004 (the "Lease "), Landlord leased to Tenant and Tenant leased from Landlord the Land, the building to be constructed on the Land and all appurtenant rights thereto (collectively, the "Premises "), upon the terms and conditions set forth therein; and WHEREAS, Landlord and Tenant wish to place notice of the Lease on record. NOW, THEREFORE, Landlord hereby leases the Premises to Tenant, Tenant hereby leases the Premises from Landlord, and Landlord and Tenant hereby execute this Memorandum of Lease for the purpose of evidencing Tenant's interest in the Premises, TO HAVE AND TO HOLD the Premises unto Tenant upon the terms, covenants and conditions contained in the Lease, for a term expiring January 31, 2026, subject to six (6) separate options to extend the term for successive periods of five (5) years each. This Memorandum of Lease is made and executed and is to be recorded with the Hall County, Nebraska Recorder for the purpose of giving notice of the Lease and the rights of the parties thereunder. This Memorandum of Lease is subject in each and every respect to the rental and otherterms, covenants and conditions contained in the Lease, which is incorporated herein by this reference, and is executed by Landlord and Tenant with the understanding and agreement that nothing contained herein shall in any manner alter, modify or vary the rental or other terms, covenants or conditions of the Lease. E