FIRST AMENDMENT TO GROUND LEASE
THIS FIRST AMENDMENT TO GROUND LEASE ("First Amendment") between Miko
Investments, LLC, a Tennessee limited liability company ("Landlord") and Don
Pablo's Operating Corp., an Ohio corporation ("Tenant") dated this 30th day of
May, 2003.
WHEREAS, on May 16, 2003, Landlord and Tenant signed a Ground Lease
("Ground Lease") whereby Tenant agreed to lease from Landlord and Landlord
agreed to lease to Tenant the real property and improvements thereon known as
Don Pablo's #140 located at 0000 Xxxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxxx (the
"Property"); and
WHEREAS, the Ground Lease was signed as an Exhibit to the Purchase and Sale
Agreement whereby Landlord purchased the Property from Tenant; and
WHEREAS, the parties wish to change the effective date of the Ground Lease.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto amend the Ground
Lease as follows:
1. The Effective Date of the Ground Lease is hereby changed to May 30,
2003.
2. Except as otherwise amended hereby, the Ground Lease shall remain in
full force and effect as originally written.
3 This Agreement may be executed in counterparts, each of which shall be
deemed an original and all such counterparts together shall be deemed to
constitute an original instrument.
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This First Amendment has been executed effective as of the day and year
first above written.
Miko Investments, LLC, , a Tennessee limited
liability company
By:__________________________________
Its_____________________________
Don Pablo's Operating Corp., an Ohio
corporation f/k/a DF&R Operating Company, Inc.)
By:___________________________________
Xxxxxxxx X. Xxxxxxx
President
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