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2o1ooi74~ <br />Prepared by <br />And return to: Steve Meyer, 5$20 Westawn Parkway, West Des <br />Moines, IA 50266 <br />MEMORANDUM OF LEASE <br />THIS MEMORANDUM OF LEASE (this "Memorandum") dated as of <br />March e, 201.0, is made by and between HVSL1, LLC, a Delaware <br />limited liability company ("Landlord") and Hy-Vee, Inc., an Iowa <br />corporation ("Tenant"). <br />WITNESSETH <br />WHEREAS, Landlord is the owner of certain property located <br />in the City of Grand Island, County of Hall, State of Nebraska. <br />NOW, THEREFORE, FOR GOOD ANT) VALUABLE CONSIDERATION, the <br />receipt and sufficiency of which are hereby acknowledged, it is <br />mutually agreed by and between the parties as follows: <br />1. Premises. Landlord by that certain Lease and <br />Agreement dated of December 30, 2009 ("Lease") has demised and <br />leased to Tenant and Tenant has leased from Landlard, and <br />Landlord hereby demises and leases to Tenant and Tenant hereby <br />leases from Landlard, upon and subject to the terms, covenants <br />and canditions set forth in the Lease certain premises <br />("Premises") located in the City of Grand Island, County of <br />Hall, State of Nebraska. The legal description for the Premises <br />is more particularly described on Exhibit A attached hereto. <br />2. Term. The initial term of the Lease is approximately <br />twenty (20) years, expiring on December 30, 2029, with six (6) <br />five year options to extend the term thereafter of thirty (30) <br />years, commencing on and upon terms and conditions more <br />particularly set forth in the Lease. <br />3. Conflict. This Memorandum has been prepared and <br />recorded for the purpose of providing notice of the Lease, is <br />subject to the terms and provisions of the Lease, and is not <br />intended and shall not be construed to alter, modify, limit, <br />abridge, supplement or enlarge any of the terms or provisions of <br />the Lease. Tn the event of a conflict of any of the terms ar <br />provisions of the Lease with any term or provision of this <br />Memorandum, the Lease shall prevail. <br />