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20100174E Prepared by And return to: Steve Meyer, 5820 Westown Parkway, West Des Moines, IA 50265 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") dated as of March ~, 2010, is made by and between HVSL1, LLC, a Delaware limited liability company ("Landlord") and Hy-Vee, Inc., an Iowa corporation ("Tenant"). WITNESSETH WHEREAS, Landlord is the owner of certain property located in the City of Grand Island, County of Hall, State of Nebraska. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the parties as follows: 1. Premises. Landlord by that certain Lease and Agreement dated of December 30, 2009 ("Lease") has demised and leased to Tenant and Tenant has leased from Landlord, and Landlord hereby demises and leases to Tenant and Tenant hereby leases from Landlord, upon and subject to the terms, covenants and conditions set forth in the Lease certain premises ("Premises") located in the City of Grand Island, County of Hall, State of Nebraska. The legal description for the Premises is more particularly described on Exhibit A attached hereto. 2. Term. The initial term of the Lease is approximately twenty (20) years, expiring on December 30, 2029, with six (6) five year options to extend the term thereafter of thirty (30) years, commencing on and upon terms and conditions more particularly set forth in the Lease. 3. Conflict. This Memorandum has been prepared and recorded for the purpose of providing notice of the Lease, is subject to the terms and provisions of the Lease, and is not intended and shall not be construed to alter, modify, limit, abridge, supplement ar enlarge any of the terms or provisions of the Lease. In the event of a conflict of any of the terms or provisions of the Lease with any term or provision of this Memorandum, the Lease shall prevail.