AMENDMENT NO. 9
to
MASTER
LEASE AGREEMENT
BETWEEN
XXXXXXX INNS, INC.,
and
XXXXXXX ALABAMA, INC.
AS LESSOR,
and
XXXXXXX HOSPITALITY, LLC,
AS LESSEE
AMENDMENT DATED AS OF OCTOBER 31, 2001
AMENDMENT NO. 9 TO MASTER LEASE AGREEMENT
THIS AMENDMENT NO. 9 TO MASTER LEASE AGREEMENT (hereinafter called
"Lease"), made as of the31st day of October, 2001, by and between Xxxxxxx Inns,
Inc., a Georgia corporation, and Xxxxxxx Alabama, Inc., an Alabama corporation
(hereinafter together called "Lessor"), and Xxxxxxx Hospitality, LLC, a Georgia
limited liability company (hereinafter called "Lessee"), provides as follows:
RECITALS:
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The parties hereto entered into that certain Master Lease Agreement dated
as of February 3, 1994, as amended (the "Lease") covering the "Leased Property"
as therein defined. The parties desire to amend the Lease by extending the term
of the Lease.
NOW, THEREFORE, the parties hereto, in consideration of the covenants and
agreements to be performed by them as provided hereby, and upon the terms and
conditions hereinafter stated, does hereby amend the Lease in the manner and
subject to the terms and conditions hereinafter set forth. Unless otherwise
defined herein, capitalized terms shall have the meanings ascribed to them in
the Lease.
A. Amendment to Provisions Regarding Term
Section 1.2 of Article I shall be amended and restated in its entirety so
that it provides as follows:
1.2 Term. The term of the Lease (the "Term") shall commence on
----
November 1, 2001 (the "Commencement Date"), and shall end on December 31,
2011, unless sooner terminated in accordance with the provisions hereof.
B. Continuation of Lease Except as Specifically Amended Hereby
Except as specifically amended and modified hereby, the terms and
provisions of the Lease as heretofore in effect are hereby ratified and
confirmed and remain in full force and effect.
"LESSOR"
XXXXXXX INNS, INC.
Attest: By: /s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx, President
/s/ Xxxxxx X. Xxxxxx
-----------------------
Secretary
XXXXXXX ALABAMA, INC.
By: /s/ Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx, President
"LESSEE"
XXXXXXX HOSPITALITY, LLC
By: /s/ Xxxxxx X. Xxxxxxx
---------------------------------
Xxxxxx X. Xxxxxxx, President
1
STATE OF GEORGIA )
) ss.
COUNTY OF DeKALB )
The foregoing instrument was acknowledged before me this 15th day of May,
2001, by Xxxxx X. Xxxxxxx as President of Xxxxxxx Inns, Inc.
/s/ Xxxxxxx Xxxxxxxx
--------------------------------
Notary Public
My commission expires:
_____________________
STATE OF GEORGIA )
) ss.
COUNTY OF DeKALB )
The foregoing instrument was acknowledged before me this 15th day of May,
2001, by Xxxxx X. Xxxxxxx as President of Xxxxxxx Alabama, Inc.
/s/ Xxxxxxx Xxxxxxxx
------------------------------
Notary Public
My commission expires:
_____________________
STATE OF GEORGIA )
) ss.
COUNTY OF DeKALB )
The foregoing instrument was acknowledged before me this 15th day of May,
2001, by Xxxxxx X. Xxxxxxx, as President of Xxxxxxx Hospitality, LLC.
/s/ Xxxxxxx Xxxxxxxx
------------------------------------
Notary Public
My commission expires:
_____________________
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