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<br />2I1 ~,~_ UU604~
<br />MEMORANDUM OF LEASE AND AGREEMENT
<br />MEMORANDUM OF LEASE AND AGREEMENT, dated as of
<br />November 1S, 1981, by and between The County of Hall,
<br />Nebraska (thy "Issuer"), as Lessor, and H & H Partnership, a
<br />Nebraska general partnership (L'he "Company"), as Lessee.
<br />W I T N E S S E T H
<br />In consideraticn of the benefits inuring .to each of
<br />them, the sufficiency and receipt of which are hereby
<br />mutually acknowledged, the Issuer has leased and does h~~~by
<br />lease to the Company, and the Company has leased and does
<br />hereby lease from the Issuer, for the rental and upon the
<br />terms, conditions and provisions more particularly set forth
<br />in a certain Lease and Agreement made between the Issuer and
<br />the Company bearing even date herewith (hereinafter
<br />sometimes called the "Lease"? (i) the Issuer's leasehold
<br />interest in certain real prop~:rty situated in Hall County,
<br />Nebraska, more particularly described in Exhibit "A"
<br />attached hereto and incorporated herein by this reference
<br />(being in the Lease and hereinafter called the "Existing
<br />Property"); (iij a certain industrial facility located
<br />thereon {being in the Lease and hereinafter called the
<br />"Building"); and (iii) certain items of machinery, equipment
<br />and other personal property installed or used in the
<br />Building or on the Existing Property (being in the Lease and
<br />hereinafter called the "Leased Equipment"), listed on
<br />Exhibit "B" attached hereto and incorporated herein by this
<br />reference (the leasehold interest in the Existing Property,
<br />the Building and the Leased Equipment, as they may at any
<br />time exist, collectively referred to in the Lease and
<br />hereinafter as the "Project");
<br />The aforesaid Project, together with all tenements,
<br />hereditaments, appurtenances, rights, privileges and
<br />immunities thereunto belonging or appertaining are subject
<br />to cerr_ain general real estate taxes and other matters of
<br />record, as set forth in the Lease.
<br />The Company is to have and to hold the Project, with
<br />the options, rights, privileges and appurtenances thereunto
<br />belonging, including, without limitation, certain options
<br />and obligations to purchase the Project, for and during the
<br />term of fifteen (15) years, commencing as of November 15,
<br />1981, and terminating November 15, 1996, unless such term
<br />shall be sooner terminated, as provided in the Lease, upon
<br />and subject to all of the options, rights, terms,
<br />conditions, obligations and provisions including, without
<br />limitation thereby, the Basic Rent, Additional Rent and all
<br />other monies to be paid by the Company more particularly set
<br />forth in the Lease, which is deemed incorporated herein by
<br />reference with the same force and effect as though fully set
<br />forth herein.
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