FIRST AMENDMENT TO NET LEASE AGREEMENT
THIS AMENDMENT TO NET LEASE AGREEMENT, made and entered
into effective as of the 27th day of January, 1999, by and
between AEI Income & Growth Fund XXII Limited Partnership, a
Minnesota limited partnership whose corporate general partner is
AEI Fund Management XXI, Inc., a Minnesota corporation (AFund
XXII@); AEI Income & Growth Fund XXI Limited Partnership, a
Minnesota limited partnership whose corporate general partner is
AEI Fund Management XXI, Inc., a Minnesota corporation (AFund
XXI@); AEI Real Estate Fund XVIII Limited Partnership, a
Minnesota limited partnership whose corporate general partner is
AEI Fund Management XVIII, Inc., a Minnesota corporation ("Fund
XVIII"); and AEI Real Estate Fund XVII Limited Partnership, a
Minnesota limited partnership whose corporate general partner is
AEI Fund Management XVII, Inc., a Minnesota corporation ("Fund
XVII"), all of 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 Xxxxxxxxxx Xxxxxxx Xxxxx,
Xxxxxx, Xxxx, 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 Fund XXII have entered into that
certain Net Lease Agreement dated June 29, 1998 (the XXxxxx@)
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, effective as of August 27, 1998, Lessor Fund XXII
transferred for good value: a 25% undivided interest as tenant in
common in the Leased Premises and the Lease to Fund XXI; a 38%
undivided interest as tenant in common in the Leased Premises
and the Lease to Fund XVIII; and a 14% undivided interest as
tenant in common in the Leased Premises and the Lease to Fund
XVII.
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
January 27th, 1999, plus the period commencing June 29, 1998
("Occupancy Date") through January 31, 1999 with the contemplated
initial term hereof ending on January 31, 2019.
(B) The first full Lease Year shall commence on the date of
this First Amendment and continue through January 31, 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
$405,460.65, which amount shall be payable in advance on the
first day of each month in equal monthly installments of
$7,771.33 to Fund XXII, $8,447.10 to Fund XXI, $12,839.59 to Fund
XVIII, and $ 4,730.37 to Fund XVII. 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 Xxxxxxx
Its: Secretary
Attest
/s/ Xxxxxx Xxxxx
Xxxxxx Xxxxx
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
25th day of January 1999, by Xxxxx Xxxxxxx, as Secretary of
Americana Dining Corp. on behalf of said company.
/s/ Xxxxx X Xxxxxxx [notary seal]
Notary Public
[Remainder of page intentionally left blank]
LESSOR: AEI INCOME & GROWTH FUND XXII
LIMITED PARTNERSHIP
By: AEI Fund Management XXI, Inc.
Attest
/s/ Xxxx X Xxxxxx By:/s/ Xxxxxx X Xxxxxxx
Xxxx X Xxxxxx Xxxxxx X. Xxxxxxx, President
Print Name
Attest
/s/ Xxxxxx R.E. Xxxxx
Xxxxxx R.E. Xxxxx
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 26th
day of January, 1999, by Xxxxxx X Xxxxxxx, the President of AEI
Fund Management XXI, Inc., a Minnesota corporation, corporate
general partner of AEI Income & Growth Fund XXII Limited
Partnership, on behalf of said limited partnership.
/s/ Xxxxxxx X Xxxxxxxx
Notary Public
[notary seal]
[Remainder of page intentionally left blank]
AEI INCOME & GROWTH FUND XXI
LIMITED PARTNERSHIP
By: AEI Fund Management XXI, Inc.
Attest
/s/ Xxxx X Xxxxxx By:/s/ Xxxxxx X Xxxxxxx
Xxxx X Xxxxxx Xxxxxx X. Xxxxxxx, President
Print Name
Attest
/s/ Xxxxxx R.E. Xxxxx
Xxxxxx R.E. Xxxxx
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 26th
day of January, 1999, by Xxxxxx X Xxxxxxx, the Presient 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 seal]
[Remainder of page intentionally left blank]
AEI REAL ESTATE FUND XVIII
LIMITED PARTNERSHIP
By: AEI Fund Management XVIII, Inc.
Attest
/s/ Xxxx X Xxxxxx By:/s/ Xxxxxx X Xxxxxxx
Xxxx X Xxxxxx Xxxxxx X. Xxxxxxx, President
Print Name
Attest
/s/ Xxxxxx R.E. Xxxxx
Xxxxxx R.E. Xxxxx
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 26th
day of January, 1999, by Xxxxxx X Xxxxxxx, the President of AEI
Fund Management XVIII, Inc., a Minnesota corporation, corporate
general partner of AEI Real Estate Fund XVIII Limited
Partnership, on behalf of said limited partnership.
/s/ Xxxxxxx X Xxxxxxxx
Notary Public
[notary seal]
[Remainder of page intentionally left blank]
AEI REAL ESTATE FUND XVII
LIMITED PARTNERSHIP
By: AEI Fund Management XVII, Inc.
Attest
/s/ Xxxx X Xxxxxx By:/s/ Xxxxxx X Xxxxxxx
Xxxx X Xxxxxx Xxxxxx X. Xxxxxxx, President
Print Name
Attest
/s/ Xxxxxx R.E. Xxxxx
Xxxxxx R.E. Xxxxx
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF XXXXXX )
The foregoing instrument was acknowledged before me the 26th
day of January, 1999, by Xxxxxx X Xxxxxxx , the President of AEI
Fund Management XVII, Inc., a Minnesota corporation, corporate
general partner of AEI Real Estate Fund XVII Limited Partnership,
on behalf of said limited partnership.
/s/ Xxxxxxx X Xxxxxxxx
Notary Public
[notary seal]
[Remainder of page intentionally left blank]
LAWYERS TITLE INSURANCE CORPORATION
EXHIBIT A 2507DC
MF# 94-676-B03
Situate in the Township of Washington, County of Xxxxxxxxxx and
State of Ohio and being Lot Numbered Twelve (12) Washington
Village Park, Section 12, as recorded in Plat Book 155, Page 50
of the plat records of Xxxxxxxxxx County, Ohio ("Lot 12).
Together with a perpetual, nonexclusive easement for vehicular
ingress and egress on, over and across a certain 1.061 acre area,
more or less known as Lot Numbered Thirteen (13) Washington
Village Park, Section Twelve, as recorded in Plat Book 156, Page
50 of the Plat Records of Xxxxxxxxxx County, Ohio ("Lot 13"), a
private roadway presently known as Drexel Park Lane ("Roadway
Easement Area"), to provide ingress and egress between the
Premises and the public roadways presently known as Xxxxxxxxxx
Xxxxxxx Xxxxx xxx Xxxxx Xxxx.
