EXHIBIT 10.28
Plant II & III
AFTER RECORDING RETURN TO:
Xxxxxxxxx Xxxxxx, Esq.
Xxxxxx Xxxxxx & Xxxxx
000 X. Xxxxxx, Xxxxx 0000
Xxxxxxx, XXX 00000-0000
SHORT FORM LEASE
THIS SHORT FORM LEASE, made and entered into as of this
21 day of December, 1995 by and between Waycross and Xxxx
County Development Authority and (hereinafter called "Lessor")
and General Manufactured Housing, Inc. (hereinafter called
"Lessee");
W I T N E S S E T H :
WHEREAS, Lessor and Lessee entered into a Lease dated
December 30, 1993 (hereinafter called the "Lease") which Lease is
incorporated herein in full as if set forth herein; and
NOW, THEREFORE, know all men by these presents that for
and in consideration of the mutual covenants and agreements
herein contained and other good valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. PREMISES: Lessor has leased and rented and by
these presents does lease and rent unto Lessee, and Lessee has
leased and rented and by these presents does lease and rent from
Lessor for the term commencing December 30, 1993, and ending
December 30, 2008, and at the rental and upon the other
covenants, terms and conditions set forth in the Lease, the real
property described on Exhibit "A" attached hereto and by this
reference made a part hereof (hereinafter called the "Premises").
TO HAVE AND TO HOLD the Premises, together with all
easements, rights, and appurtenances, if any, in connection
therewith and thereunto belonging to Lessor for the term and at
the rental and upon all other covenants, terms and conditions set
forth in the Lease.
2. INCORPORATION OF LEASE AGREEMENT: All covenants,
terms and conditions of the Lease are hereby incorporated by
reference and made a part hereof. In the event of any conflict
between the Lease and this Short Form Lease, the terms and
conditions of the Lease shall control. Nothing contained in this
Short Form Lease shall be deemed to change, modify or in any
other way affect the rights, duties and obligations of Lessor and
Lessee under the Lease and nothing contained herein shall be
deemed a lease agreement or a conveyance of an estate which is in
addition to the Lease and conveyance contained in and effected by
the Lease, it being understood the Lease and this Short Form
Lease shall constitute one and the same lease agreement and
conveyance.
IN WITNESS WHEREOF, the undersigned Lessor and Lessee
have caused this Short Form Lease to be executed and sealed as of
the day and year first above written:
LESSOR:
WAYCROSS AND XXXX COUNTY
DEVELOPMENT AUTHORITY
Signed, sealed and
delivered by Lessor
in the presence of:
By: /s/ [illegible]
/s/ [illegible] Title: Chairman
Unofficial Witness
/s/ Xxxx X. Xxxxxxxxxx Attest: /s/ [illegible]
Notary Public
Title: Secretary
Exact Date of Execution
By Notary Public: [SEAL]
[SEAL]
Commission Expiration Date:
______________________
[AFFIX NOTARIAL SEAL]
LESSEE:
Signed, sealed and
delivered by Lessee General Manufactured Housing,
in the presence of: Inc.
/s/ [illegible] By: /s/ Xxxx X. Xxxxx
Unofficial Witness
Title: President
/s/ Xxxx X. Xxxx
Notary Witness Attest: /s/ Xxxxx X. XxxXxxxx
Exact Date of Execution Title: Assistant Secretary
By Notary Public:
_________________________
Commission Expiration Date:
_________________________
[AFFIX NOTARIAL SEAL]
[SEAL]