EXHIBIT 10.8
FIRST MODIFICATION OF LEASE
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This First Modification of Lease ("First Modification") is made and entered
into as of this 31/st/ day of October, 2003 by and between BRC Properties Inc.,
an Ohio corporation ("Landlord") and Dominion Homes, Inc., an Ohio corporation
("Tenant").
WHEREAS, Landlord and Tenant entered into a certain lease dated July 21,
2003 (the "Lease") for the Leased Premises described therein;
WHEREAS, Landlord and Tenant desire to modify and amend certain provisions
of the Lease.
NOW THEREFORE, Landlord and Tenant agree to modify the Lease as follows:
1. Exhibit A attached hereto shall be deemed the Exhibit A referred to in
the Lease.
2. The address for the Leased Premises referred to in paragraph 1 of the
Lease as 0000 Xxxxxx Xxxxxxxx Xxxx., Xxxxxxxx, Xxxx is modified to read 0000
Xxxxxx Xxxxxxxx Xxxx., Xxxxxxxx, Xxxx
3. Paragraph 2 of the Lease is modified to read as follows:
2. TERM
The term of this Lease shall be for a period commencing on November 1,
2003 (the "Commencement Date"), and expiring on October 31, 2018 (the "Primary
Term"). The Fixed Rent provided for below shall be prorated for any partial
month.
4. All other terms and conditions of the Lease which are not expressly
modified or amended herein shall remain in full force and effect.
In witness whereof, the parties have executed the First Modification as of
the day and year first above written.
LANDLORD
BRC Properties Inc.,
an Ohio corporation
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx
Vice President
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TENANT
Dominion Homes, Inc.,
an Ohio corporation
By: /s/ Xxxxx X. X'Xxxxxx
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Name: Xxxxx X. X'Xxxxxx
Title: Senior Vice President
State of OHIO
County of FRANKLIN
The foregoing instrument was acknowledged before me this 30/th/ day of
October. 2003, by Xxxxx Xxxxxx Vice President, Secretary/Treasurer of BRC
Properties Inc., an Ohio corporation, on behalf of the corporation.
/s/ Xxxx X. Xxxxx
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Signature of Notary
November 5, 2007
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Commission Expiration Date
State of Ohio
County of Franklin
The foregoing instrument was acknowledged before me this 30/th/ day of
October. 2003, by Xxxxx X. X'Xxxxxx, Senior Vice President of Dominion Homes,
Inc., an Ohio corporation, on behalf of the corporation.
/s/ Xxxx X. Xxxxx
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Signature of Notary
November 5, 2007
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Commission Expiration Date
This Instrument Prepared By:
Xxxx X. Xxxxxxx
Porter, Wright, Xxxxxx & Xxxxxx
00 X. Xxxx Xxxxxx Xxxxxxxx, Xxxx 00000
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