SECOND AMENDMENT TO LEASE
This Second Amendment to Lease is made and entered into this 1st day of
January, 1998, by and between Xxxx X. Xxxxxx, and Xxxxx X. Card and Xxxxxxx
Xxxxxx Card, as Trustees in the Card Trust U/D/T October 6, 1994 ("Lessor"), on
the one hand and Gardenburger, Inc. fka Wholesome & Hearty Foods, Inc.
("Lessee"), on the other.
RECITALS
A. On or about January 1, 1993, Xxxxx X. Card and Lessee entered into a
certain lease agreement (the "Lease"), pursuant to which Xxxxx X. Card agreed to
lease to Lessee certain real property in the City of Portland, Oregon described
as follows: Xxxx 0 xxx 0, Xxxxx 000, XXXXXXXXX XXXX, Xxxxxxxxx Xxxxxx, Xxxxxx
(the "Premises"), having a street address of 0000 X.X. 0xx Xxxxxx, Xxxxxxxx,
Xxxxxx.
B. The Premises are currently owned by Xxxx X. Xxxxxx, as to an
undivided one-half interest, and Xxxxx X. Card and Xxxxxxx Xxxxxx Card, as
Trustees in the Card Trust U/D/T October 6, 1994, as to an undivided one-half
interest.
C. On or about September 30, 1997, the parties hereto entered into a
first amendment to lease pursuant to which (1) the term of the Lease was
extended past December 31, 1997, (2) the Lease was made a month-to-month Lease
commencing January 1, 1998, and (3) the monthly rent payment was increased to
$2,200 per month.
D. The parties hereto desire to amend the Lease make the Lease a lease
for a period of one year effective January 1, 1998, with the option of renewing
the Lease for an additional year.
AMENDMENT
Now, therefore, in consideration for the mutual covenants contained
herein, the parties hereto agree to amend the Lease as follows:
1. Term of Lease. The term of the Lease will be one year, commencing
January 1, 1998, and ending December 31, 1998.
2. Renewal Option. Lessee shall have the option to renew the Lease for
an additional one-year term if notification of such renewal is given to Lessor
by November 1, 1998. If no notification is given to Lessor, the Lease shall
terminate on December 31, 1998.
3. No Other Modification to Lease. No other modification to the Lease
is made or intended to be made hereby. All terms, conditions, and covenants to
the Lease, to the extent not inconsistent with the foregoing amendments, shall
remain in full force and effect.
LESSOR:
/s/ Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx
/s/ Xxxxx X. Card, Trustee
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Xxxxx X. Card, as Trustee in the Card
Trust U/D/T October 6, 1994
/s/ Xxxxxxx Xxxxxx Card, Trustee
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Xxxxxxx Xxxxxx Card, as Trustee in the
Card Trust U/D/T October 6, 1994
LESSEE: GARDENBURGER, INC.
By: /s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx
Executive Vice President and
Chief Financial Officer
