EXHIBIT 10.7
LEASE AGREEMENT
This Lease made as of this 15th day of April, 1998, by and between
Central Investment Co., Ltd., a limited partnership organized and existing
under the laws of the State of Nebraska (hereinafter referred to as the
"Lessor"), and Austins 72nd, Inc., a corporation organized and existing under
the laws of the State of Nebraska (hereinafter referred to as the "Tenant").
TERMS AND CONDITIONS
Section 1. LEASED PREMISES AND EXHIBITS. Lessor, in consideration of
the rent to be paid and the covenants to be performed by Tenant, does hereby
demise and lease unto Tenant, and Tenant hereby rents from Lessor, the
following described real property and all buildings and improvements thereto
located at 0000 Xxxxx 00xx Xxxxxx, Xxxxx, Xxxxxxxx (herein the "Leased
Premises") legally described on Exhibit "A" to this Lease Agreement. The
Leased Premises is improved with a building. The Building includes the
fixtures described on Exhibit "B" to this Lease (herein together with any
replacements and substitutions, the "Leased Fixtures"). The Leased Premises
shall be benefitted by and the Tenant shall be entitled to all tenements,
easements, appurtenances, hereditaments, rights and privileges associated
with the Leased Premises.
Section 2. COVENANTS OF TITLE. Landlord covenants and warrants (i)
that it is the legal owner of the Leased Premises, (ii) that it is a duly
organized and existing limited partnership under the laws of the State of
Nebraska, and (iii) that it has lawful authority to enter into this Lease.
Section 3. COMMENCEMENT AND ENDING DAY OF TERM. The term of this Lease
shall commence on the 1st day of May, 1998, and the term of this Lease shall
be for a period of one (1) year.
Section 4. RENT. Tenant hereby agrees and covenants with Landlord to
pay as rent for the Leased Premises, the sum of Five Thousand Dollars
($5,000.00) per month. The first rent payment is due at the commencement of
the Lease term, as specified in Section 3. Thereafter, rent payments shall be
due on the first day of each calendar month. Rent for any partial month of
occupancy during the term hereof shall be prorated for such fraction of the
month. At the beginning of each lease year of the extension terms, the
monthly rent shall be adjusted to the greater of: (i) the monthly rent during
the previous years, or (ii) $5,000.00 plus the cost of living adjustment. The
"cost of living adjustment" shall equal $5,000.00 plus the product of
$5,000.00 multiplied times the fraction: (a) the numerator of which is one
half of the difference between the Consumer Price Index - All Urban Consumers
(CPI-U) on the immediately preceding August 31, minus the CPI-U for August
31, 1992; and (b) the denominator of which is the CPI-U as of August 31,
1992. In the event the U.S. Department of Labor shall cease to compute the
CPI-U, the adjustment shall be computed on the basis of a reasonably
comparable index selected by Landlord.
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Section 5. RENEWAL TERM. Tenant shall have the right to extend the
original term of this Lease for two (2) successive periods of one (1) year,
such extensions to be for and upon the terms, covenants, and conditions of
this Lease. Each individual extension may be exercised by written notice to
Landlord at least ninety (90) days prior to the expiration of the original
term or the preceding extension term.
Section 6. DELIVERY OF POSSESSION. Landlord covenants that actual
possession of the Leased Premises shall be delivered on the commencement day.
Section 7. USE OF LEASED PREMISES. Tenant shall use the Leased
Premises solely and exclusively as a restaurant and for related and
incidental uses (including on-sale of alcoholic beverages). Tenant shall not
permit any use or occupation contrary to this restriction. Tenant shall
comply with all present and future applicable laws, ordinances, and
regulations of duly constituted public authorities now or hereafter in any
manner affecting the Leased Premises or the operation of the business
conducted upon the Leased Premises. Tenant shall not permit any unlawful
occupation, business or trade to be conducted on the Leased Premises or any
use to be made thereof contrary to any law, ordinance or regulation. Tenant
shall be entitled to whatever opportunity is reasonable under all
circumstances to contest the validity of any such laws, ordinances or
regulations adversely affecting its use of the Leased Premises and while
doing so shall not be deemed to be in default hereunder.
Section 8. INSTALLATION BY TENANT. Tenant may, with the prior written
consent of Landlord which consent shall not be unreasonably withheld or
delayed, at any time during the term of this Lease make or cause to be made
any alterations, additions, or improvements to the Leased Premises. Landlord
shall execute and deliver upon request of Tenant such instrument or
instruments embodying the approval of Landlord which may be required by any
public or quasi-public authority for the purpose of obtaining any license or
permit for the making of such alterations, changes, and/or installations in,
to, or upon the Leased Premises as the case may be. Tenant shall pay for any
such license or permit.
Section 9. REMOVAL BY TENANT. All alterations, decorations, additions,
and improvements made by Tenant shall be deemed to have attached to the
Leased Premises and to have become the property of Landlord upon such
attachment, and upon expiration of this Lease, the Tenant shall not remove
any such alterations, decorations, additions, and improvements.
Notwithstanding the foregoing, Tenant may remove any business and trade
fixtures upon expiration of this Lease, or any renewal term hereof, other
than the Leased Fixtures and any replacement or substitution for the Leased
Fixtures. Any damage incurred by such removal shall be repaired by Tenant.
Section 10. TENANT'S OBLIGATIONS FOR MAINTENANCE. Tenant shall keep
and maintain in good order, condition, and repair (including replacement if
necessary) the Leased Premises and every part thereof and any and all
appurtenances thereto wherever located including, but without limitation,
doors, door frames, door checks, windows, plate glass, plumbing and sewage
facilities
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within or servicing the Leased Premises, fixtures heating and air
conditioning and electrical systems located within the Leased Premises,
sprinkler systems, walls (interior and exterior), floors and ceilings, walks,
drives, parking areas, green areas, lighting and all other structural and
non-structural improvements to the Leased Premises, whether interior or
exterior, ordinary or extraordinary, foreseen or unforeseen. If Tenant
refuses or neglects to commence and to complete repairs or replacements
promptly and adequately, Landlord may, but shall not be required to, make and
complete such repairs and replacements and the Tenant shall, upon demand, pay
the reasonable cost thereof together with interest thereon at fourteen
percent (14.00%) per annum to Landlord. Tenant shall keep and maintain the
Leased Premises a clean, sanitary and safe condition in accordance with the
laws of the State of Nebraska, at the sole cost and expense of the Tenant. At
the time of the expiration of the tenancy created herein, Tenant shall
surrender the Leased Premises (including the Fixtures and any replacements or
substitutions for the Fixtures) in good condition, reasonable wear and tear
excepted.
Section 11. INSURANCE
A. LIABILITY INSURANCE. Tenant shall, during the entire term hereof,
keep in full force and effect a policy of public liability and property
damage insurance with respect to the Leased Premises, and the business
operated by Tenant, in which the limits of public liability and property
damage liability shall be not less than $2,000,000.00 single limit. The
policy shall name Landlord and Tenant as insured, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving
the Landlord ten (10) days prior written notice. Such insurance may be
furnished under any blanket policy carried by the Tenant or under a separate
policy therefor. The insurance shall be with an insurance company approved
by Landlord and a copy of the paid-up policy evidencing such insurance or a
certificate or insurer certifying the issuance of such policy shall be
delivered to Landlord upon written request of Landlord.
B. PROPERTY INSURANCE. Tenant agrees, during the term hereof, to carry
insurance against fire, vandalism, malicious mischief and such other perils
as are from time to time included in and "All Risks" coverage endorsement
insuring the Building all improvements to the Leased Premises in an amount
equal to one hundred percent (100%) of the full replacement cost. The policy
shall name Landlord and Tenant as insured and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the
Landlord ten (10) days prior written notice. Such insurance may be furnished
by Tenant under any blanket policy carried by it or under a separate policy
therefor. The proceeds of such insurance shall be paid to Landlord and tenant
and shall be used for repair and restoration of the Leased Premises.
C. COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord,
and save it harmless from and against any and all claims, damages, liability
and expense, including attorneys' fees, in connection with loss of life,
personal injury and/or damage to Leased Premises arising from or out of any
occurrence in, upon or at the Leased Premises or any part thereof, or arising
from or out of Tenant's failure to comply with this insurance section, or
occasioned
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wholly or in party by any act or omission of Tenant, its agents, contractors,
employees, servants, customers or licensees (except for loss or damage
resulting from the negligence of Landlord, its agents or employees). In case
Landlord shall, without fault on its part, be made a party to any litigation
commenced by or against Tenant, the Tenant shall protect and hold it harmless
and shall pay all costs, expenses reasonable attorneys' fees, incurred or
paid by Landlord in connection with such litigation.
D. WAIVER OF SUBROGATION. Tenant hereby releases and discharges
Landlord, its agents and employees of and from all liability to the Tenant
and to anyone claiming by, through or under the Tenant by subrogation or
otherwise on account of any loss or damage caused by or arising out of any
fire or other insured casualty, however caused.
Section 12. UTILITY CHARGES. Tenant shall be solely responsible for
and promptly pay all charges for water, gas, heat, electricity, sewer and any
other utility used upon or furnished to the Leased Premises.
Section 13. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. SPECIAL ASSESSMENTS. Tenant shall be responsible and pay for, as
the same become due and payable, any and all special assessments of any
nature whatsoever which are assessed and levied against the Leased Premises
during the term of this Lease. Tenant shall provide Landlord with evidence of
the prompt payment of such special assessments.
B. REAL ESTATE TAXES. Tenant shall be responsible for and pay for all
real estate taxes assessed and levied prior to delinquency against the Leased
Premises during the term hereof. Tenant shall provide Landlord with evidence
of the prompt payment of such real estate taxes. Taxes for the initial and
final year of the Lease term shall be prorated.
Section 14. OFF-SET, ATTORNMENT AND SUBORDINATION.
A. OFF-SET STATEMENT. Tenant agrees within ten (10) days after request
therefor by Landlord to execute in recordable form and deliver to Landlord a
statement, in writing, certifying (a) that this Lease is in full force and
effect, (b) the date of commencement of the term of this Lease, (c) that rent
is paid currently without any off-set or defense thereto, (d) the amount of
rent, if any, paid in advance, (e) whether the Lease has been modified and,
if so, identifying the modifications, and (f) that there be no uncured
defaults by Landlord or stating those claimed by Tenant, provided that, in
fact, such facts are accurate an ascertainable. In the event any of the
foregoing portions of the Statement not be true at the time of the request
for such Statement, then Tenant shall reflect the true state of facts in such
statement.
B. ATTORNMENT. In the event any proceedings are brought for the
foreclosure of, or in the event of the conveyance by deed in lieu of
foreclosure of, or in the event of exercise of the power of sale under, any
mortgage or deed of trust made by Landlord covering the Leased
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Premises, Tenant hereby covenants and agrees to execute an instrument in
writing reasonably satisfactory to the new owner and Tenant whereby Tenant
attorns to such successor in interest and recognizes such successor as the
Landlord under this Lease.
C. SUBORDINATION. Tenant agrees that this Lease shall, at the request of
the Landlord, be subordinate to any mortgages or deeds of trust that have
been or may hereafter be placed upon the Leased Premises and to any and all
advances to be made thereunder, and to the interest thereon, and all
renewals, replacements and extensions thereof, provided the mortgagee or
trustee named in such mortgages or trust deeds shall agree to recognize the
Lease of Tenant in the event of foreclosure if Tenant is not in default.
Tenant also agrees that any mortgagee or trustee may elect to have this Lease
a prior lien to its mortgage or deed of trust, and in the event of such
election and upon notification by such mortgagee or trustee to Tenant to that
effect, this Lease shall be deemed a prior lien to such mortgage or deed of
trust whether this Lease dated prior to or subsequent to the date of
such mortgage or deed of trust. Tenant agrees, that upon the request of
Landlord, any mortgagee or any trustee, it shall execute such instruments as
may be reasonably required to carry out the intent of this subsection.
Section 15. TRANSFER OF LEASE. Tenant may not assign or transfer this
Lease or any estate or interest therein nor may the Tenant sublet any part or
all of the Leased Premises without the prior written consent of Landlord
which consent shall not be unreasonably withheld or delayed. Consent by the
Landlord to the assignment of this Lease or to one subletting or to any other
occupancy of the Leased Premises shall not operate to exhaust the Landlord's
right to consent. In the event Tenant, with or without previous consent of
Lessor, does in any manner assign, sublet or transfer this Lease or any
intent therein, whether or not Landlord accepts performance from the assignee
or transferee, Tenant shall not be released from its obligations under this
Lease. The transfer of a majority of the shares of Tenant to any third party
shall be considered a transfer of the Lease for purposes of this Section.
Section 16. RECONSTRUCTION OF DAMAGED PREMISES. In the event that the
Building or any other improvements to the Leased Premises shall be partially
or totally destroyed by fire or other casualty, then the damage to the Leased
Premises shall be promptly repaired and restored by the Tenant, at its sole
cost, to the condition which existed prior to such damage to the extent
reasonably practicable. Any and all insurance proceeds paid to Landlord and
Tenant shall be earmarked for such repair and restoration. Rent and other
charges payable by Tenant hereunder shall not be abated because of such
damage or destruction.
Section 17. CONDEMNATION.
A. TOTAL CONDEMNATION OF LEASED PREMISES. If the entire Leased Premises
shall be taken by any public authority under the power of eminent domain or
deed in lieu of eminent domain, then the term of this Lease shall cease as of
the day possession shall be taken by such public authority and rent and other
charges payable hereunder shall be paid up to that day with a proportionate
refund by Landlord of such rent as may have been paid in advance for the
period
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subsequent to the date of the taking. "Date of Taking" as that term is
used in this Section shall mean the date on which the Tenant is deprived of
possession of the Leased Premises.
B. PARTIAL CONDEMNATION. If, after the execution of this Lease and prior
to its termination, less than the whole of the Leased Premises shall be taken
under eminent domain or deed in lieu of eminent domain and such taking shall
include any part of the Building or shall materially effect the ability of the
Tenant to continue to operate a restaurant from the Leased Premises, then
unless the Landlord and Tenant agree otherwise, the term of this Lease shall
expire on the Date of Taking. Otherwise, Tenant shall continue in the
possession of the Leased Premises, all of the terms herein provided shall
continue in effect.
C. LANDLORD'S AND TENANT'S DAMAGES. All damages awarded for such taking
under the power of eminent domain, whether for the whole or a part of the
Leased Premises, shall belong to and be the property of Landlord whether
such damages shall be awarded as compensation for diminution in value to the
leasehold or to the fee of the Leased Premises, provided, however, that
Landlord shall not be entitled to any award properly in respect to the
Tenant's leasehold interest, or the cost of removal or relocation of Tenant's
property.
Section 18. DEFAULT.
A. In the event of any failure of Tenant to pay any fixed monthly rent
due hereunder within ten (10) days after written notice of such failure, or
any failure to perform any other of the terms, conditions or covenants of
this Lease to be observed or performed by Tenant for more than thirty (30)
days after written notice of such default shall have been mailed to Tenant, or
if Tenant abandons the Leased Premises, or permit this Lease to be taken
under any writ of execution, then the Landlord, in addition to other rights
or remedies it may have, shall have the right by three (3) days notice to
declare this Lease terminated and the term ended. Upon expiration of such
three (3) day period, the term of the Lease shall expire, cease and terminate
with the same force and effect as though the date set forth in such notice
were the date originally set forth herein and fixed for the expiration of the
term and Tenant shall vacate and surrender the Leased Premises but shall
remain liable as hereafter provided. Landlord shall have the right to bring a
special proceeding to recover possession from the Tenant holding over and/or
Landlord may, in any of such events, without notice, re-enter the Leased
Premises either by force or otherwise, and dispossess by summary proceedings
or otherwise, Tenant and the legal representative of Tenant or other occupant
of the Leased Premises and remove their effects and hold the Leased Premises
as if this Lease had not been made. Tenant hereby waives the service of
notice of intention to re-enter or to institute legal proceedings to that
end. In the event of re-entry by Landlord, Landlord may remove all persons
and property from the Leased Premises and such property may be removed and
stored in a public warehouse or elsewhere at the cost of, and for the
account of Tenant, without notice or resort to legal process and without
being deemed guilty of trespass, or becoming liable for any loss or damage
which may be occasioned thereby.
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B. Should Landlord elect to re-enter, as herein provided, or should it
take possession pursuant to legal proceedings or pursuant to any notice
provided for by law, it may either terminate this Lease or it may from time
to time, without terminating this Lease, make such alterations, improvements
and repairs as may be necessary in order relet the Leased Premises, and relet
the Leased Premises or any part thereof for such term or terms (which may be
for a term extending beyond the term of this Lease) and at such rental or
rentals and upon such other terms and conditions as Landlord in its sole
discretion may deem advisable. Upon each such reletting all rentals and other
sums received by Landlord from such reletting shall be applied, first, to the
payment of any indebtedness other than rent due hereunder from Tenant to
Landlord; second, to the payment of any costs and expenses of such reletting,
including reasonable brokerage fees and attorneys' fees and of costs of
repair and cleaning of the Premises; third, to the payment of the portion of
the cost of alterations and improvements of the Leased Premises which are
allocable to the remaining term of this Lease; fourth, to the payment of rent
and other charges due and unpaid hereunder; and the residue, if any, shall be
held by Landlord and applied in payment of future rent as the same may become
due and payable hereunder. If such rentals and other sums received from such
reletting during any month be less than that to be paid during that month by
Tenant hereunder, Tenant shall pay such deficiency to Landlord; if such
rentals and sums shall be more, Tenant shall have no right to the excess.
Such deficiency shall be calculated and paid monthly. No such re-entry or
taking possession of the Leased Premises by Landlord shall be construed as an
election on its part to terminate this Lease unless a written termination
thereof be decreed by a Court of competent jurisdiction. Notwithstanding any
such reletting without termination, Landlord may at any time hereafter elect
to terminate this Lease for such previous breach. Should Landlord at any time
terminate this Lease for any breach and relet the Premises, in addition to any
other remedies it may have, it may recover from Tenant all damages it may
incur by reason of such breach, including the cost of recovering the Leased
Premises, reasonable attorneys' fees, and the worth at the time of such
reletting of the excess, if any, of the amount of rent and charges equivalent
to rent reserved in this Lease for the remainder of the stated term over the
then reasonable rental value of the Leased Premises for the remainder of the
stated term, all of which amounts shall be immediately due and payable from
Tenant to Landlord. In determining the rent which would be payable by Tenant
hereunder, subsequent to default, the annual rent for each year of the
unexpired term shall be equal to the average annual base rent paid by Tenant
from the commencement of the Lease term to the time of default.
C. In the event the estate created in Tenant hereby shall be taken in
execution or by other process of law, or if Tenant or its assigns, if any,
shall be adjudicated insolvent or bankrupt pursuant to the provisions of
any state or federal insolvency or bankruptcy act, or if a receiver or
trustee of the property of Tenant shall be appointed by reason of the
insolvency or inability of Tenant to pay its debts, or if any assignment
shall be made of the property of Tenant for the benefit of creditors, then and
in any such events, Landlord may at its option terminate this Lease and all
rights of Tenant hereunder, by giving to Tenant notice in writing of the
election of
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Landlord to so terminate, in which event this Lease shall cease and terminate
with the same force and effect as though the date set forth in such notice
were the date originally set forth herein and fixed for the expiration of the
term and Tenant shall vacate and surrender the Leased Premises but shall
remain liable as herein provided.
Section 19. RIGHT OF ENTRY. Landlord or Landlord's agents shall have the
right to enter and inspect the Leased Premises at all reasonable times.
Section 20. TAXES ON TENANT'S PROPERTY. Tenant shall be responsible for
and shall pay before delinquency all local, municipal, county, state and
federal taxes assessed during the term of this Lease against any leasehold
interest or personal property of any kind, owned by or placed in, upon or
about the Leased Premises by the Tenant.
Section 21. QUIET ENJOYMENT. Upon payment by the Tenant of the rents
herein provided, and upon the observance and performance of all covenants,
terms and conditions on Tenant's part to be observed and performed, Tenant
shall peaceably and quietly hold and enjoy the Leased Premises for the term
hereby demised without interruption by Landlord or any other person or
persons lawfully or equitably claiming by, through or under the Landlord,
subject, nevertheless, to the terms and conditions of this Lease, and any
mortgages to which this Lease is subordinate.
Section 22. MISCELLANEOUS.
A. HOLDING OVER. It is understood and agreed that should the Tenant hold
over the Leased Premises without first having extended or renewed the
original term of this Lease, as the case may be, such holding over shall not
be construed as a renewal or extension of this Lease for a longer period than
one (1) month.
B. SUCCESSORS. All rights and liabilities herein given to, or imposed
upon, the respective parties hereto shall extend to and bind the several
respective heirs, executors, administrators, successors, and assigns of such
parties.
C. WAIVER. One or more breaches or waivers of any covenant by Landlord
or of any act by Tenant requiring Landlord's consent shall not be construed
as a waiver of a subsequent breach of the same covenant or condition, unless
such waiver be in writing signed by Landlord.
D. ENTIRE AGREEMENT. This Lease contains all the covenants, promises,
agreements, conditions and understandings between Landlord and Tenant
concerning the Leased Premises and there are no covenants, promises,
agreements, conditions or understandings, either oral or written, between
them other than are herein set forth. No alteration, amendment, change or
addition to this Lease shall be binding upon Landlord or Tenant unless
reduced to writing and signed by each party.
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E. NOTICE. Any notice given under this Agreement by Landlord or Tenant
may be given personally or by certified mail as follows:
Landlord: Central Investment Co., Ltd.
00000 "X" Xxxxxx
Xxxxx, XX 00000
Tenant: Austins 72nd, Inc.
Xxxx Xxxx-Xxxxx, Chief Executive Officer
00000 X Xxxxxx
Xxxxx, XX 00000
or to such other addresses as the Landlord and Tenant may direct from
time to time.
F. LAWS OF THE STATE OF NEBRASKA. This Lease shall be governed by and
construed in accordance with the laws of the State of Nebraska. If any
provision of this Lease or the application thereof to any person or
circumstances shall, to any extent, be invalid or unenforceable, the
remainder of the Lease shall not be affected thereby and each provision of
the Lease shall be valid and enforceable to the fullest extent permitted by
law.
G. ENVIRONMENTAL PROTECTION. Tenant warrants and covenants to comply
during the term of this Lease to comply with the rules, regulations and
policies of federal, state or local environmental protection agency or body
and any federal, state or local environmental protection laws, orders,
regulations, rules or policies. Upon written request, Tenant shall provide
Landlord with evidence of the compliance with such environmental protection
laws, rules, regulations, orders or policies.
H. NET LEASE. It is the intention of the Landlord and Tenant that the
base rent provided for in this Lease shall net to the Landlord, and that all
costs and expenses of every kind and nature relating to the leased premises
or this Lease shall be paid or reimbursed by Tenant. The net rent shall be
paid to Landlord without notice, demand, deduction or setoff, and all costs
and expenses relating to the leased premises and this Lease shall constitute
additional rent due from Tenant to Landlord under the terms of this Lease.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
year and day first above written.
CENTRAL INVESTMENT CO., LTD.,
a limited partnership
By: /s/ Xxxxxx Xxxxxxx Xxxxxx
----------------------------
Xxxxxx Xxxxxxx Xxxxxx, General Partner
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AUSTINS 72ND, INC.,
A Nebraska Corporation
By: /s/ Xxxx Xxxxxx, III
---------------------
Its: President
-------------------
STATE OF NEBRASKA )
) ss
COUNTY OF XXXXXXX )
The foregoing instrument was acknowledged before me this 15 day of April,
1998, by Xxxxxx Xxxxxxx Xxxxxx, General Partner of Central Investment Co.,
Ltd., a limited partnership, on behalf of the limited partnership.
GENERAL NOTARY-State of Nebraska
V. XXX XXXX
My Comm. Exp. May 16, 2000
/s/ V. Xxx Xxxx
----------------------
Notary Public
STATE OF NEBRASKA )
) ss
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 17th day of
April, 1998, by Xxxx Xxxxxx, President of Austins 72nd, Inc., a Nebraska
corporation, on behalf of the corporation.
GENERAL NOTARY-State of Nebraska /s/ Xxxxxxxx X. Xxxxxx
XXXXXXXX X. XXXXXX ----------------------
My Comm. Exp. July 22, 2000 Notary Public
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EXHIBIT A
Legal Description of the South 12 ft. of the West 232.4 (plus or minus) ft.
of the East 272.4 (plus or minus) ft. of Tax Lot 2, Together with the North
308.6 ft. of the West 232.4 (plus or minus) ft. of the East 267.4 (plus or
minus) ft. of Tax Lot 3, All in the NE 1/4 of the NE 1/4 of Sec. 26 T 15 N, R
12 E of the 6th PM, Xxxxxxx County, Nebraska, more particularly described as
follows:
Beginning at a point 73 ft. west of the east line of the NE 1/4 of the NE 1/4
of SEC. 26 T 15 N, R 12 E of the 6th PM in Xxxxxxx County, Nebraska, and 12
ft. north of the south line of Tax Lot 2 in said Sec. 26; thence west and
parallel to the said south line of said TL 2, 232.4 (plus or minus) ft.
(232,59' measured); thence south and parallel to the east line of said NE 1/4
of the NE 1/4 of said Sec. 26, 12 ft. to the south line of said Tax Lot 2;
thence east along the south line of said TL 2, 232.4 (plus or minus) ft. to a
point 73' west of the east line of said NE 1/4 of the NE 1/4 of said Sec. 26;
thence north 12 ft. to place of beginning.
Together with part of said Tax Lot 3 described as follows: beginning at a
point on the north line of TL 3, 68 ft. west of the east line of said NE 1/4
of the NE 1/4 of said Sec. 26; thence west along the north line of said TL 3,
232.4 (plus or minus) ft; thence south 308.3 ft. to a point 300.05 ft. west
of the east line of said NE 1/4 of the NE 1/4 of said Sec. 26; thence east
232.05 ft. to a point 68 ft. west of the east line of said NE 1/4 of the NE
1/4 of said Sec. 26 and 308.6 ft. south of the point of beginning; thence
north, 68 ft. west of and parallel to the said east line of said NE 1/4 of
the NE 1/4 of said Sec. 26, 308.6 ft. to the point of beginning.
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SCHEDULE B
Bar Counter and Bar Back
All lights, electrical fixtures and related
All plumbing fixtures
All walk-in coolers and freezers
All heating and cooling fixtures
All permanently attached fixtures and equipment
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