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HomeMy WebLinkAbout972656MEMORANDUM OF LEASE WITNES SETH: 0818 THIS MEMORANDUM OF LEASE, entered into as of the/ l day of ..,1 'le. 2013, by and between FIDC XXX LLC, an Ohio limited liability company "Landlord and SHOPKO STORES OPERATING CO., LLC, a Delaware limited liability company "Tenant WHEREAS, Landlord is the owner of certain land (the "Land located in the City of Afton, Lincoln County, State of Wyoming, which is legally described on EXHIBIT A attached hereto and made a part hereof; and WHEREAS, all or a portion of the Land will be developed to include a ShopKo Hometown Store as set forth on EXHIBIT B attached hereto and made a part hereof (the "Premises and WHEREAS, Landlord and Tenant entered into a Lease dated as of March 15, 2013 (the "Lease whereby Landlord demised and leased to Tenant the Premises for the term set forth below (and at a rental and upon such other terms and conditions as are stated in the Lease); and WHEREAS, Landlord and Tenant wish to place notice of the Lease on record. NOW, THEREFORE, Landlord and Tenant hereby execute this Memorandum of Lease for the purpose of evidencing Tenant's interest in the Premises, TO HAVE AND TO HOLD the Premises unto Tenant upon the terms, covenants and conditions contained in the Lease, for a term of fifteen (15) years, subject to four (4) separate options to extend the term for successive periods of five (5) years each. This Memorandum of Lease is made and executed and is to be recorded in the Register of Deeds Office of Lincoln County, State of Wyoming for the purpose of giving notice of the Lease and the rights of the parties thereunder. This Memorandum of Lease is subject in each and every respect to the rental and other terms, covenants and conditions contained in the Lease, which is incorporated herein by this reference, and is executed by Landlord and Tenant with the understanding and agreement that nothing contained herein shall in any manner alter, modify or vary the rental or other terms, covenants or conditions of the Lease. RECEIVED 8/14/2013 at 2:58 PM RECEIVING 972656 BOOK: 817 PAGE: 818 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IN WITNESS WHEREOF, Landlord and Tenant Memorandum of Lease as of the day, month and year first above written. LANDLORD: FIDC XXX LLC, an Ohio limited li company By: By: Name: Ar, +I,�, cc a t 1)-e_ G o V 6 e� Title: s dcn+ Q. p e,,A a lp ILc Title: SV P— Cs r co U !sec-re:6j Akonct 6c �cx �cc STATE OF 0L0 COUNTY OF Personally came before me this day of A•►yi+ 2013, the An't,or. i (cuq to me known to be theQc,S1„t of k„0-al,;z. A., Q0uc of FIDC XX me known to be the person who executed the foregoing instrument a STATE OF WISCONSIN COUNTY OF BROWN S SS This instrument was drafted by and after recording should be returned to: Jennifer S. McGinnity, Senior Corporate Counsel ShopKo Stores Operating Co., LLC 700 Pilgrim Way Green Bay, WI 54304 TENANT: have executed this SHOPK ST i) RES OPERATING CO., LLC a Dela ited liability co any Notary Public, State of b■ My Commission: 11-11-1'3 TERE Notary Public My Commission Expires above -named Personally came before me this 17 day of .J 2013, the above -named 'Pe` to G V cwAA La vs to me known to be the J P v uaS•ti of ShopKo Stores Operating Co., LLC, and to me known to be the person who executed the foregoing instrument and acknowledged the same. 0819 N y Public, Sta Commission: •i2.�C Lot 13 of Old Fairgrounds Addition to the Town of Afton, Lincoln County, Wyoming as described on the official plat filed with Instrument No. 929843 of the records of the Lincoln County Clerk. Tax Parcel No: 3218- 312 -04 -124 EXHIBIT A LEGAL DESCRIPTION 0820 EXHIBIT B SITE PLAN 111111f1J11=171 mqgZgffRUggRM um a Ciiii ■i 4av MI WI NEMO:MIN IIMIZ 40000 WA1oen ethvim ■Y Plat 26110100.4st1 -lm 20168.t lflll201141k07P11, WA Oat k meplwweirev. 0821