THIRD AMENDMENT TO INDUSTRIAL BUILDING LEASE DATED JUNE 1,
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1985, ("Lease"), AS PREVIOUSLY AMENDED, BETWEEN LaSALLE
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NATIONAL TRUST, N.A., NOT PERSONALLY BUT AS SUCCESSOR
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TRUSTEE TO LaSALLE NATIONAL BANK, NOT PERSONALLY BUT AS
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TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 7, 1979 KNOWN
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AS TRUST NO. 100628 ("Lessor") and XXXX X. XXXXXXXXXX &
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SON, INC., a DELAWARE CORPORATION ("Lessee").
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WHEREAS, the Lease has been previously amended pursuant
to the terms of the First Amendment dated September 29,
1992, and the Second Amendment dated March 3, 1995 (the
"Prior Amendments"); and
WHEREAS, under the terms of the Lease and the Prior
Amendments, the rent was to be increased by the percentage
increase in the Consumer Price Index - U.S. City average -
All Urban Consumers' ("Index") between the base year of
June, 1985, and June, 1997, June, 2002, June, 2007, and June
2012; and
WHEREAS, the parties hereto believe that it is in their
best interest to amend the Lease to provide that the June,
1997 increase in rent will be effective January 1, 1998 and
the increase will be limited to 14%.
NOW THEREFORE, in consideration of the mutual promises
and agreements set forth herein, and other valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties herto agree as follows:
1. In Section 1.2 of the Lease, the June, 1997
comparison date for rent increases shall be removed, and the
following sentence shall be added:
"Notwithstanding the foregoing, effective January 1,
1998, the rent shall be increased to
$84,500.00 per month."
2. In all other respects, the Lease and the Prior
Amendments shall remain unaltered.
Dated: August 15, 1998
LESSEE: LESSOR: LaSalle National Bank,
Xxxx X. Xxxxxxxxxx & Son, Inc. Successor Trustee To:
LaSalle National Trust, N.A.,
not personally but as successor
Trustee under Trust Agreement dated
February 7, 1979, and known as Trust
No. 100628
By:/s/ XXXXXXX X. XXXXXXXXX By: /s/ XXXXXXXX XXXXXXX
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President Assistant Vice President
ATTEST: ATTEST:
/s/ XXXXXXX X. XXXXXXXXX /s/ XXXXXXX XXXX
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Secretary Assistant Secretary
Consented to by Northern Life Insurance Company
By: /s/ XXXX SAN FELIPPO
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ATTEST:
/s/ XXXXXXXXXX PARENTEER
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RIDER ATTACHED TO AND MADE A PART OF
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THIRD AMENDMENT TO LEASE DATED AUGUST 15, 1998
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This Third amendment to Lease is executed by LaSalle
National Bank, not personally but as Trustee as aforesaid,
in the exercise and power and authority conferred upon and
vested in it as such Trustee, and under the express
direction of the beneficiaries of a certain Trust Agreement
dated February 7, 1979 and known as Trust No. 100628 at
LaSalle National Bank, to all provisions of which Trust
Agreement this Lease is expressly made subject. It is
expressly understood and agreed that nothing herein or in
said Lease contained shall be construed as creating any
liability whatsoever against said Trustee personally, and in
particular without limiting the generality of the foregoing,
there shall be no personal liability to pay any indebtedness
accruing hereunder or to personal liability to pay any
indebtedness accruing hereunder or to perform any covenant,
either express or implied, herein contained, or to keep,
preserve or sequester any property of said Trust, and that
all personal liability of said Trustee of every sort, if
any, is hereby expressly waived by said lessee and by every
person now or hereafter claiming any right or security
hereunder; and that so far as said Trustee is concerned the
owner of any indebtedness or liability accruing hereunder
shall look solely to the Premises hereby leased for the
payment thereof. It is further understood and agreed that
said Trustee has no agents or employees and merely holds
naked legal title to the property herein described; that
said Trustee has not control over, and under this Lease,
assumes no responsibility for (1) the management or control
of such property, (2) the upkeep, inspection, maintenance or
repair of such property, (3) the collection of rents or
rental of such property, or (4) the conduct of any business
which is carried on upon such Premises.
