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ADAMS COUNTY, NE
FILED
INST. N0. z~o~~.ci~~
Date -a-o Time ~~ 55 ~
REGISTER OF DEEDS
SHORT FORM MEMORANDUM OF LEASE AND
PURCHASE OPTION AGREEMENT
THIS SHORT FORM MEMORANDUM OF LEASE AND PURCHASE OPTION
~~•e~
AGREEMENT (this "Memorandum") is made and entered effective as of I~ 3, 2008
(the "Effective Date"), by and between IRET PROPERTIES, a North Dakota Limited
Partnership (the "Landlord"), and EDGEWOOD HASTINGS SENIOR LIVING, LLC, an
Oregon limited liability company (the "Tenant").
BACKGROUND
Landlord is the owner of that certain real property described on the attached Exhibit A,
including all buildings and improvements thereon (the "Premises"). Landlord and Tenant have
entered into a Lease dated as of the Effective Date (the "Lease") pursuant to which Tenant shall
lease the Premises from Landlord in accordance with the terms and conditions contained in the
Lease. The Lease contains a purchase option (the "Purchase Option") pursuant to which Landlord
has granted Tenant an option to purchase the Premises in accordance with the terms set forth in
the Lease. Landlord and Tenant desire to execute this Memorandum for the purpose of recording
it in the county in which the Premises are located to evidence the existence of the Lease and the
Purchase Option. Therefore, Landlord and Tenant hereby agree as follows:
1. Lease and Purchase Option. Landlord and Tenant have entered into the Lease and
related Purchase Option that shall become effective as of the Effective Date and shall remain in
full force and effect until terminated in accordance with the Lease.
2. Notices. All notices permitted or required hereunder shall be in writing and shall
be given pursuant to the terms of the Lease.
3. Binding Effect. The Lease and the Purchase Option shall be binding upon, and
shall inure to the benefit of, Landlord and Tenant, and their respective personal representatives,
heirs, successors and assigns. No modification or waiver of any provision of the Lease shall be
valid unless it is in writing and signed by the party against whom it is sought to be enforced.
4. Conflicts. In the event of a conflict between the provisions of this Memorandum
and the Lease ,the provisions of the Lease shall control.
Return To : ~-1-- ~ 1 I D ~ ~ J ~
First Nebraska Title
Attn: Lisa
2425 South 120"' Street
l o f ~ Omaha, NE 68144
2U08131~3
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be duly
executed as of the Effective Date.
LANDLORD:
IRET PROPERTIES, a North Dakota limited
partnership
By: IRET, Inc., a North Dakota corporation,
its general partner
By: ~ ,,,, ~--
Thomas A. Wentz, Jr.
Its: Senior Vice President
TENANT:
EDGEWOOD HA ING S IOR LIVING,
LLC, an Oregon li ited liab' i company
By:
Jon
Its: Ma:
~.
2
~ of
~oosi~l~
STATE OF NORTH DAKOTA
COUNTY OF ~ ~~
ACKNOWLEDGMENT
ss.
On this 3 day of /YIA(l~ , 2008, before me appeared Thomas A. Wentz, Jr., to me
personally known, who, being by me duly sworn did say that he is the Senior Vice President of
IRET, Inc., a North Dakota corporation that is the general partner of IRET Properties, a North
Dakota limited partnership, and that said instrument was signed on behalf of such limited
partnership, and said Thomas A. Wentz, Jr. acknowledged said instrument to be the free act and
deed of said limited partnership.
In Testimony Whe ,have hereunto set my hand and affixed by official seal the day and
year first above writte .P~ "~.~
t,,
N®TAF~Y ~ O
N~ p~,jgL1C ~r NOTARY PUBLIC
My Commission Ex P~~~ `"~`"'~""
~~,,~,,~•r~~'Q DAN LEii?HflLT
~~ NOFi~,„.~"`a` Notary Public
State of North Dakota
[SEAL] MY Commission fvxpires Uct. 20, 2012
ACKNOWLEDGMENT
STATE OF OREGON )
ss.
COUNTY OF MARION )
On this ~ day of ~ loci/' , 2008, before me appeared Jon M. Harder, to me
personally known, who, being by me ly sworn did say that he is the Manager of Edgewood
Hastings Senior Living, LLC, an Oregon limited liability company, and that said instrument was
signed on behalf of such limited liability company, and said Jon M. Harder acknowledged said
instrument to be the free act and deed of said limited liability company.
In Testimony Whereof, I have hereunto set my hand and affixed by official seal the day and
year first above written.
NOTARY UBLIC
My Commission Expires:
,,
[SEAL]
GFFICIAL SEAL
~~ CANDICE J CARSON
~~.~- ~ NOTARY PUFiLIC -OREGON
COMMISSION NO. 407686
MY COMMISSION EXPIRES JUNE 28, 2010
3
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EXHIBIT "A"
LEGAL DESCRIPTION OF PREMISES
(Hastings)
Property Address
Edgewood Vista
2400 W, 12th Street
Hastings, NE 68901-3501
Legal Description
The land referred to is situated in the State of Nebraska, County of Adams and is described as
follows:
Lot 6, Block 1, Westridge Addition to the City of Hastings, Adams County, Nebraska.
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