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201109170 This instrument prepared by And after recording return to: Brian M. Fox, Senior Associate Counsel DARDEN 1004 Darden Center Drir�e Orlando, FL 32837 MEMORANDUM OF LEASE � �flvern bu' This Memorandum of Lease, dated this a�jrdday of �cpttnriSer; 20]l, is by and between Batis Developr�ent Company, a Kansas corporation {"Landlord"}and GMRI,]nc., a Florida corporatian, ("Tenant�'}. RECITALS: A. On August 5, 2Ql 1, Landlord and Tenant entered into a wriiten Lease agreement ("Lease"} for a certain space containing approximately 7,596 square feet, focated zn a building (the "Building") located on the parcel described on Exhibit "A" (the "Aarcel") and depicted on Exhibit "A-1", and �certain exteriar areas of the Building up to and including t1�e curb surrounding the Building including sidewaiks and landscaping, as identified an �xhibit"A-1", situated in the City of Grand Isiand,Nebraska(the"Premises"); and B. The parties desire to place their interests in the Lease as a matter of recorci. NOW,THEREFORE, the parties represe►zt as follows: 1. The Term of the Lease ��ilI be ten {10) Lease Years, as defined in the Lease; commencing or� the Commence��ent Date as determined in accordance wi�h its Terms. Tenant has certain rights to terminate the Lease as further describe�therein. 2. In con�ur�ction with such leasing, Landlord has granted to Tenant the foliowing easement rights for the benefit of the Premises: an exclusive easement for the placement of dampsters ta serve the Premises in the 9ocatio�� sho��n on E�ibit "A-2"; nonexclusive Easements for the installation, use, maintenance and repair of utilities serving the Premises, to be locateci in and/or on the Preznises portion of the Building; a non-exclusive easement for insta�lation, use, maintenance and repair of a monument sign in the location shown on Exhibit "A-2" and certain easement rights over the properties described on the attached Exhibit "B" (the "Center"), which rights include vehicular ingress, egress, parking and utiiities. 3. Tenant has the option to renew the Lease for four{4)additional period(s) of five{5) Lease Years each. 4. Restricfive Covenants. A. Restaurant Exclusive. During the Term of the Lease, and so long as Tenant is not in default of tl�e Lease beyond any applicable cure period and is opeez and operating in the Aremises as an Olive Garden Italian restaurani, no portion af the Parce! will be used as a restaurant that features Italian Food. "Features" means that those food items comprise more than 25°/a of thE menu offerings. This restrictior� will not be ap�licable to the sale of unprepared foods intended for off=premises consu�tption. This restriction shall also not be applicable to any tenant or owner in the Aarcel as af the Effective Date of the Lease except to #�e extent Landlord has the right to apprave any change in use in such tenant's or owner's use. This restriction will ru� ��ith the land during the Term of the Lease. Temporary closures far casualty, condemnation or remodeling shall not be deemed Tenant not being open and operating. C:lUserslRitalAppdatalLacallMicrosoftlWind�wslTemporary Internet Fi]eslContent.0utloolclltLNW2DV61Memo Of Lease Olive Garden Revised V3 GLEAN.Doc