FIRST AMENDMENT TO NET LEASE AGREEMENT
THIS AMENDMENT TO NET LEASE AGREEMENT, made and entered
into effective as of the 16th day of April, 1999, by and between
Net Lease Income and Growth Fund 84-A Limited Partnership ("Fund
84-A") and AEI Net Lease Income and Growth Fund XX Limited
Partnership ("Fund XX"), two Minnesota limited partnerships whose
corporate general partners are Net Lease Management 84-A, Inc.
and AEI Fund Management XX, Inc. respectively both Minnesota
corporations, whose principal business address is 1300 Minnesota
World Trade Center, 00 Xxxx Xxxxxxx Xxxxxx, Xx. Xxxx, Xxxxxxxxx
00000 (hereinafter collectively referred to as "Lessor"), and
Americana Dining Corp. (hereinafter referred to as "Lessee"),
whose principal business address is One Corporate Place, 00
Xxxxxxxxx Xxxx, Xxxxxxx, XX 00000;
WITNESSETH:
WHEREAS, Lessor is the fee owner of a certain parcel of real
property and improvements located at Franklin County, Columbus,
Ohio, and legally described in Exhibit "A", which is attached to
the Lease(as defined below) and incorporated herein by reference;
and
WHEREAS, Lessee has constructed the building and
improvements (together the "Building") on the real property
described in the Lease Exhibit "A", which Building is described
in the plans and specifications heretofore submitted to Lessor;
and
WHEREAS, Lessee and Lessor Fund 84-A and Fund XX have
entered into that certain Net Lease Agreement dated August 11,
1998 (the "Lease") providing for the lease of said real property
and Building (said real property and Building hereinafter
referred to as the "Leased Premises"), from Lessor upon the terms
and conditions therein provided in the Lease;
NOW, THEREFORE, in consideration of the Rents, terms,
covenants, conditions, and agreements hereinafter described to be
paid, kept, and performed by Lessee, including the completion of
the Building and other improvements constituting the Leased
Premises, Lessee and Lessor do hereby agree to amend the Lease as
follows:
1. Article 2(A) and (B) of the Lease shall henceforth read as
follows:
ARTICLE 2. TERM
(A) The term of this Lease ("Term") shall be Twenty (20)
consecutive "Lease Years", as hereinafter defined, commencing
April , 1999, plus the period commencing August 11, 1998
("Occupancy Date") through April 30, 1999 with the contemplated
initial term hereof ending on April 30, 2019.
(B) The first full Lease Year shall commence on the date of
this First Amendment and continue through April 30, 2000.
2. Article 4(A) of the Lease shall henceforth read as follows:
ARTICLE 4. RENT PAYMENTS
(A) Annual Rent Payable for the first and second Lease
Years: Lessee shall pay to Lessor an annual Base Rent of
$349,434.11, which amount shall be payable in advance on the
first day of each month in equal monthly installments of
$11,647.80 to Fund 84-A, and $17,471.71 to Fund XX. If the first
day of the first full Lease Year of the Lease Term is not the
first day of a calendar month, then the monthly Rent payable for
that partial month shall be a prorated portion of the equal
monthly installment of Base Rent.
Article 35 is hereby deleted in its entirety; Lessor and Lessee
agree that the referenced Development Financing Agreement is
terminated in accordance with its terms. All other terms and
conditions of the Lease shall remain in full force and effect.
Lessee has accepted delivery of the Leased Premises and has
entered into occupancy thereof.
Lessee has fully inspected the Premises and found the same to be
as required by the Lease, in good order and repair, and all
conditions under the Lease to be performed by the Lessor have
been satisfied.
As of this date, the Lessor is not in default under any of the
terms, conditions, provisions or agreements of the Lease and the
undersigned has no offsets, claims or defenses against the Lessor
with respect to the Lease.
This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original and all of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, Lessor and Lessee have respectively signed
and sealed this Lease as of the day and year first above written.
LESSEE: Americana Dining Corp.,
By: /s/ Xxxxx Deporian
Its: Secretary & VP
Attest
/s/ Xxxxxx Xxxx
Xxxxxx Xxxx
Print Name
Attest
/s/ Xxxxxx X Xxxxxx
Xxxxxx X Xxxxxx
Print Name
STATE OF MASSACHUSETTS)
)SS.
COUNTY OF ESSEX)
The foregoing instrument was acknowledged before me this
14tg day of April, 1999, by Xxxxx Deporian, as Secretary & VP of
Americana Dining Corp. on behalf of said company.
/s/ Xxxxx X Xxxxxxx [notary seal]
Notary Public
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LESSOR: NET LEASE INCOME & GROWTH FUND 84-A
LIMITED PARTNERSHIP
By: Net Lease Management 84-A, Inc.
Attest
/s/ Xxxxxxx X Xxxxxxxxx By: /s/ Xxxxxx X Xxxxxxx
Xxxxxxx X Xxxxxxxxx Xxxxxx X. Xxxxxxx, President
Print Name
Attest
/s/ Xxxxxxx X Xxxxxxxx
Xxxxxxx X Xxxxxxxx
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 16th
day of April, 1999, by Xxxxxx X Xxxxxxx, the President of Lease
Management Fund 84-A, Inc., a Minnesota corporation, corporate
general partner of Net Lease Income & Growth Fund 84-A Limited
Partnership, on behalf of said limited partnership.
/s/ Xxxxxx R.E. Xxxxx
Notary Public
[notary seal]
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AEI NET LEASE INCOME AND GROWTH FUND XX
LIMITED PARTNERSHIP
By: AEI Fund Management XX, Inc.
Attest
/s/ Xxxxxxx X Xxxxxxxxx By: /s/ Xxxxxx X Xxxxxxx
Xxxxxxx X Xxxxxxxxx Xxxxxx X. Xxxxxxx, President
Print Name
Attest
/s/ Xxxxxxx X Xxxxxxxx
Xxxxxxx X Xxxxxxxx
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 16th
day of April, 1999, by Xxxxxx X Xxxxxxx, the President of AEI
Fund Management XX, Inc., a Minnesota corporation, corporate
general partner of AEI Net Lease Income & Growth Fund XX Limited
Partnership, on behalf of said limited partnership.
/s/ Xxxxxx R. E. Xxxxx
[notary seal]
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