FIRST
AMENDMENT TO LEASE
(Painted Post Facility)
This First Amendment to Lease (Painted Post
Facility) ("Amendment") is dated as of December
13, 1995, by and between HEALTH CAR.E PROPERTY
INVESTORS, INC., a Maryland corporation ("Lessor")
and PAINTED POST PARTNERSHIP, a Pennsylvania
general partnership ("Lessee").
RECITALS
A. Lessor and Lessee entered into a Lease
dated as of October 19, 1995 (the
"Lease") for the Painted Post facility located in
the Town of Xxxxx, County of Steuben, State of New
York.
X. Xxxxxx and Lessee desire to memorialize
their understanding regarding certain provisions
of the Lease.
AGREEMENT
Capitalized terms not otherwise defined
herein shall have the meaning ascribed to them in
the Lease. Lessor and Lessee hereby agree as
follows:
1. Notwithstanding the Painted Post
Memorandum of Lease, the Commencement Date of the
Lease is October 26, 1995;
2. The Fixed Term of the Lease shall end on
October 31, 2007 ;
3. The first Lease Year for the Lease
commences on November 1,1995 and ends on October
31,1996;
4. The first Quarter for which Additional
Rent shall be due commences on November 1, 1997;
and
5. Section 3.1.1 is deleted in its entirety
and replaced with the following :
"MINIMUM RENT. For the period from the
Commencement Date through the expiration of the
Fixed Term, Lessee shall pay to Lessor "Minimum
Rent" monthly, in advance on or before the first
day of each calendar month, an amount equal to
Thirty-Four Thousand One Hundred Fifty-One Dollars
and Fifty-Eight Cents ($34,151.58)."
Except as amended above, the Lease between
Lessor and Lessee shall remain in full force and
effect. This Amendment may be executed in any
number of counterparts, all of which together
shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have
caused this Amendment to be executed as of the day
and year first above written.
HEALTH CARE PROPERTY
PAINTED POST PARTNERSHIP, a
INVESTORS, INC., a Maryland
Pennsylvania general partnership
By: /s/ Xxxxxxx X. Macelbetsch
By: /s/ Xxxxxxx X. Xxxxxxxxxx
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Its: Senior Vice President
Its: General Partner
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The undersigned Guarantor hereby consents to
this Amendment and reaffirms to Lessor that is
obligations under the Guaranty dated October 19,
1995, remain in full force and effect with respect
to the lease as amended hereby.
EMERITUS CORPORATION, a
Washington corporation
By: /s/ Xxxxx X. Xxxxx
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Its: Secretary
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