FIRST AMENDMENT TO NET LEASE AGREEMENT
THIS AMENDMENT TO NET LEASE AGREEMENT, made and
entered into effective as of the 31st day of December, 1997,
by and between AEI Income & Growth Fund XXI Limited
Partnership (hereinafter, "Fund XXI"), AEI Net Lease Income
& Growth Fund XX Limited Partnership (hereinafter, "Fund
XX"), and Net Lease Income & Growth Fund 84-A Limited
Partnership (hereinafter, "Fund 84-A") (together,
"Lessor"),whose principal business address is 1300 Minnesota
World Trade Center, 00 Xxxx Xxxxxxx Xxxxxx, Xx. Xxxx,
Xxxxxxxxx 00000 ("Lessor"), and Champps Americana, Inc., a
Minnesota corporation ("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 Schaumburg,
Illinois, and legally described in Exhibit "A", which is
attached hereto and incorporated herein by reference; and
WHEREAS, Lessee has constructed the building and
improvements (together the "Building") on the real property
described in Exhibit "A", which Building is described in the
plans and specifications heretofore submitted to Lessor; and
WHEREAS, Lessee and Lessor have entered into that
certain Net Lease Agreement dated April 21, 1997 (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 on April 21, 1997
("Occupancy Date"), plus the period ending December 31,
1997, with the contemplated initial term hereof ending on
December 31, 2017.
(B) The first full Lease Year shall commence on the
date of this First Amendment and
continue through December 31, 1998.
2. Article 4(A) of the Lease shall henceforth read as
follows:
ARTICLE 4. RENT PAYMENTS
(A) Annual Rent Payable for the first, second, and
third Lease Years: Lessee shall pay to Lessor an annual
Base Rent of $476,771.42, which amount shall be payable in
advance on the first day of each month in equal monthly
installments of $19,706.55 to Fund XXI, $14,700.45 to Fund
XX, and $5,323.95 to Fund 84A.
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.
3. 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.
4. Lessee has accepted delivery of the Leased Premises and
has entered into occupancy thereof;
5. 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;
6. 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.
7. 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: CHAMPPS AMERICANA, INC.
By: /s/ Xxxxx Deporan
Its: Asst. Secretary
STATE OF MASSACHUSETTS)
)SS.
COUNTY OF ESSEX)
The foregoing instrument was acknowledged before me
this 30th day of December, 1997, by Xxxxx Deporan, as Asst
Secretary of Champps Americana, Inc. on behalf of said corporation.
/s/ Xxxx K Beanhetto
Notary Public
Remainder of page intentionally left blank
LESSOR: AEI INCOME & GROWTH FUND XXI
LIMITED PARTNERSHIP, a
Minnesota limited partnership
By: AEI FUND MANAGEMENT XXI, INC., a
Minnesota corporation
By: /s/ Xxxxxx X Xxxxxxx
Xxxxxx X. Xxxxxxx, President
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the
31st day of December, 1997, 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]
LESSOR AEI NET LEASE INCOME & GROWTH FUND XX LIMITED
PARTNERSHIP
By: AEI Fund Management XX, 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 31st day of December, 1997, 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/ Xxxxxxx X Xxxxxxxx
Notary Public
[notary seal]
LESSOR NET LEASE INCOME & GROWTH FUND
84-A LIMITED
PARTNERSHIP
By: Net Lease Management 84-A, 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 31st day of December, 1997, by Xxxxxx X. Xxxxxxx, the
President of Net Lease Management 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/ Xxxxxxx X Xxxxxxxxx
Notary Public
[notary seal]
Exhibita A
Legal Description
Parcel 1
Lot 2 in American-Commons Subdivision, a Resubdivision
of Lots 1 and 2 in Xxxxxxxx'x Woodfield Common West, a
subdivision of part of the Northeast quarter of Section 14,
Township 41 North, Range 10 East of the Third Principal
Meridian, in Xxxx County, Illinois.
Parcel
Non-exclusive easement for ingress, egress, and parking
as established by reciprocal easement agreement made by Chi-
Chi's, Inc., a Minnesota corporation, and Xxx Evan Farm,
Inc., an Ohio corporation, dated May 10, 1983, and recorded
May 13, 1983, as Document 26604303.
