SECOND AMENDMENT TO NET LEASE AGREEMENT
THIS AMENDMENT TO NET LEASE AGREEMENT, made and entered
into effective as of the 11th day of September, 2000, by and
between AEI Income & Growth Fund XXI Limited Partnership, ("Fund
XXI"), 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
Tumbleweed, Inc. (hereinafter referred to as "Lessee"), whose
principal business address is 0000 Xxxxx Xxxx, Xxxxx 000,
Xxxxxxxxxx, Xxxxxxxx;
WITNESSETH:
WHEREAS, Lessor is the fee owner of a certain parcel of real
property and improvements located at Xxxxxxx Road, Fort Xxxxx,
Indiana , and legally described in Exhibit "A", which is attached
hereto and incorporated herein by reference; and
WHEREAS, Lessee and Lessor Fund XXI have entered into that
certain Net Lease Agreement dated March 8, 2000, as amended by
that certain First Amendment to Net Lease Agreement dated
effective as of September 11, 2000 (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;
WHEREAS, Lessee and Lessor entered into that certain First
Amendment to the Net Lease Agreement of even effective date
hereof, and said First Amendment contained a typographical error
respecting the payment of rents in the second lease year, which
provision was intended by the parties to be governed by Article
4(B) of the Net Lease Agreement and was not intended to be
amended; and
WHEREAS, the Multi-Site Agreement dated effective as of
November 20, 1997, as amended on April 29, 1999, effective as of
May 20, 1999 also provides for the payment of rents as correctly
reflected in Article 4(B) of the Net Lease Agreement and not as
erroneously reflected in the First Amendment to the Net Lease
Agreement;
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
and correct the First Amendment to Lease as follows:
1. Article 4(A) of the Lease shall henceforth read as
follows:
ARTICLE 4. RENT PAYMENTS
(A) Annual Rent Payable for the first Lease Year:
Lessee shall pay to Lessor an annual Base Rent of
$132,621.25, which amount shall be payable in
advance on the first day of each month in equal
monthly installments of $11,051.77 to Fund XXI.
If the first day 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.
2. All other terms and conditions of the Lease and any prior
amendments thereto shall remain in full force and effect.
3. 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.
1.
IN WITNESS WHEREOF, Lessor and Lessee have respectively signed
and sealed this Lease as of the day and year first above written.
LESSEE: Tumbleweed, Inc.,
By:/s/ Xxxxxxx X Xxxxxxx
Its: VP/Secretary
STATE OF KENTUCKY)
)SS.
COUNTY OF JEFFERSON)
The foregoing instrument was acknowledged before me this 3rd
day of October, 2000, by Xxxx Xxxxxxx, as Vice
President/Secretary of Tumbleweed, Inc., on behalf of said
corporation.
/s/ Xxxx Xxxx Xxxxxxx
Notary Public
My commission expires 4-27-2003
[Remainder of page intentionally left blank]
LESSOR:
AEI INCOME & GROWTH FUND XXI LIMITED
PARTNERSHIP
By: AEI Fund Management XXI, Inc.
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X.
Xxxxxxx, President
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 24th
day of October, 2000, by Xxxxxx X Xxxxxxx, the President of AEI
Fund Management XXI, Inc., a Minnesota corporation, corporate
general partner of AEI Income & Growth Fund XXI Limited
Partnership, on behalf of said limited partnership.
/s/ Xxxxxxx X Xxxxxxxx
Notary Public
[notary seal]
SECOND LEASE AMENDMENT, TUMBLEWEED, FORT XXXXX, INDIANA, XXXXXXX
ROAD
