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EXHIBIT 10.19.1
LEASE AMENDMENT
FULCRUM PROPERTIES, L. P. ("Landlord") and FULCRUM DIRECT, INC. ("Tenant')
agree
1. Recitals. Landlord and Tenant are parties to a Lease dated August
11, 1995 (the "Lease"). Construction of the Building, as defined in the Lease,
has not been completed at the time contemplated by Landlord and Tenant at the
time the Lease was entered into. In addition, the Premises, as defined in the
Lease, has been replatted to comply with certain legal requirements.
Accordingly, Landlord and Tenant wish to amend the Lease in certain respects.
2. Amendments. The definitions of "Beginning Date," "End Date,"
"Lease Year" and "Quarterly Installments" in Section 1 of the Lease are amended
in their entirety to read as follows:
"Beginning Date" means January 1, 1996.
"End Date" means December 31, 2005.
"Lease Year" means the period from and including each January 1
to and including the next December 31.
"Quarterly Installments" means payments, to be made on each
January 1, April 1, July 1 and October 1, equal to one quarter of the
then applicable Annual Rent, with appropriate adjustments made for
changes in the number of Building Square Feet during the relevant
period.
Exhibit A to the Lease is amended to read in its entirety as follows:
Commerce Center at Xxxxxxxxx Xxxxx, Xxx 0X, Xxxxx X, as the same is shown
and designated on the plat entitled "SUMMARY PLAT, XXX 0X, XXXXX X, X
XXXXXX XX XXX 0 XX BLOCK A AND A PORTION OF UNPLATTED LANDS, COMMERCE
CENTER AT ENCHANTED HILLS, WITHIN THE UNPLATTED PORTION OF UNIT TWENTY,
BEING A PORTION OF XXXXXXX 00, XXXXXXXX 00 XXXXX, XXXXX 0 XXXX, XXX XXXXXX
PRINCIPAL MERIDIAN, CITY OF RIO RANCHO, XXXXXXXX COUNTY, NEW MEXICO", filed
in the office of the County Clerk of Xxxxxxxx County, New Mexico on October
27, 1995 in Vol. 3, Folio 1333-B, Instrument Xx. 00000 (Xxx Xxxxxx Xxxxxxx
Plat Book No. 8, page 50).
The address for notices under the Lease to either Landlord or Tenant is amended
to be 0000 Xxxxxxx Xxx, X.X., Xxx Xxxxxx, Xxx Xxxxxx 00000.
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2. No Other Changes; Priority. Except as expressly provided in this Lease
Amendment (this "Amendment") the Lease remains unchanged and in full force and
effect. Landlord and Tenant intended that the Lease be prior and superior to the
Lease and Purchase Agreement dated as of December 1, 1995 (the "IRB Lease")
between the City of Rio Rancho, New Mexico and Landlord (notwithstanding
provisions in Section 31 of the Lease prohibiting Tenant from taking any action
that would result in a violation of the IRB Lease, which prohibition is hereby
specifically affirmed by Landlord and Tenant) and to survive any termination of
the IRB Lease. Nothing in this Amendment is intended to affect such priority.
3. Binding Effect. This Amendment binds and inures to the benefit of
Landlord and Tenant and their respective successors and assigns.
4. Amendment. This Amendment and the Lease as amended by this Amendment
may be amended or modified, or the performance by any party of its obligations
under the Lease as amended by this Amendment waived, only in a written
instrument duly executed by the party against whom enforcement of such
amendment, modification or waiver is sought.
5. Counterparts. This Amendment may be executed in any number of
counterparts, each of which is an original and all of which taken together
constitute one instrument. Any party may execute this Amendment by executing any
such counterpart.
6. Governing Law. This Amendment is governed by and is to be construed in
accordance with the law of New Mexico applicable to agreements made and to be
performed in New Mexico.
DATED: December 29, 1995.
FULCRUM PROPERTIES L.P. FULCRUM DIRECT, INC.
By: FULCRUM CAPITAL L.P., its general
partner By:___________________________
By: SAB, INC., its general partner
By:____________________________
Xxxxx X. Xxxxxx
President
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