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RES 2008-0040 - Addition to Clancy's Pub STATE OF NEBRASKA Dave Heineman , -_. I '�+ �. J NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B. Rupe Executive Director 301 Centennial Mall South, 5th Floor 07 DEC 1 Q r111 8: . 1 P.O. Box 95046 Lincoln, Nebraska 68509-5046 Phone (402) 471-2571 CITY CLERK Fax (402) 471-2814 OMAHA, N E(,R N,- s TRS USER 800 833-7352 (TTY) December 6, 2007 OMAHA CITY CLERK 1819 FARNAM STREET OMAHA NE 68183 RE: Clancy's Pub C-42681 The above referenced licensee has submitted a request for an addition to the license changing the description to read; ONE STORY IRREGULAR SHAPED BUILDING APPROX 115FT X 72FT X 70FT X 97FT X 85FT PLUS FENCED OUTDOOR AREA APPROX 70' X 24' TO THE NORTH. F.Y.I. This combines license CK-42681 and license C-49951 • Please present this request to your board and send us the results of that action. Sincerely, NEBRASKA Q CONT L COMMISSION andy S Licensin Division rs cc: file Rhonda R. Flower Bob Logsdon Pat Thomas Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV.12/99 r C F .�.e Bed ..,;... .., pl..tEcov c. APPLICATION FOR ADDITION, D 03 7001 DELETION, CHANGE OF LOCAT N, RECONSTRUCTION �EBBASO,LIQUOR CENTENNIALLIQUOR UOMALOL SOUTH OL TH OMMISSION CONTROL COM SSION 301 PO BOX 95046 LINCOLN,NE 68509-5046 PHONE:(402)471-2571 FAX:(402)471-2814 Website:www.lcc.ne.gov FEE$45.00 LICENSEE'S NAME 777, Inc. TRADE NAME Clancy's Pub • rs 1 PREMISE ADDRESS 777 N. 114th Street . CITY/COUNTY Omaha,/Douglas LICENSE NUMBER 9 6 8 / PHONE NUMBER(402)691-0600 PLEASE CHECK ONE OF THE FOLLOWING /� ADDITION 0 RECONSTRUCTION DELETION L,1 C� y 9% 1 -co Del ETA (CHANGE OF LOCATION(this application will not be accepted if the license is moving into another jurisdiction) Address From: 5 gm . ACID R£S3 " 7 7 7 f/ // ym 8' Address To: 1 l r• r , Include a sketch of the proposed area to be licensed(8'/2 x 11 paper—no blueprints) (g, b lc(t( 1) P P P P indicate the dimensions of the area to be licensed and the direction "north"on the sketch 2) Submit a copy of your lease or deed demonstrating ownership 3) If you do not know what jurisdiction you are located in,call the 4) In order to clarify your changes,an attached explanation is alw: 1111111111111 AFFIDAVIT 0700020844 The above reference request,as filed ill comply with the rules and ret, Nebraska Liquor Control Act.1 (b6r--61(} /jg,--e....----- --.-- Signature of licensee Subscribed in my presence and first duly sworn to before me on this ot-D day of 47 /_>_ , moo7. A GENERAL NOTARY-State of Nebraska li GINGER GUILFOYLE e !!a My Comm.Exp.Aug.15,2011 T Si ry Pu lc sign a and • 0700020837 • US 22�3 DO ITio.16 or • zn1081 -7 27 Doc., RECEIVED DEC 0 3 2007 NEBRASKA LIQUOR ,11019 DOI / • CONTROL COMMIO ISSN \ / Ns. --- .• r)•‘- p.4DD.cr")c' 1.° 7,7 "D"' 1\ 12/15/06 12: 41 AR L5I L1zg of uaala - L1Lg 1/10 vsz-rsIA rays a a,r a-r =iGvo 777c MIRACLE HILLS SQUARE SHOPPING CENTER Bay Square Approx Approx. � `; •• -_-• 'N 4t Address Footage Frontage D• epth •- •. .. _ : _ - •' ' .- •,�L. 1.. 1 615 10,200 120 Feet 85 Feet 2 619 1,600 20 Feet 80 Feet �� 3 621 1,600 20 Feet 80 Feet :, . ) CXX,Q11.-) 4 625 1,600 20 Feet 80 Feet I ; i V :. 5 627 1,600 20 Feet 80 Feet r `� • lob 6 631 1,863 40 Feet 80 Feet `z../� %/, �� 7 633 1,863 40 Feet 80 Feet ��=,�� DEC3 .�007 8 637 1,600 20 Feet 80 Feet , 9 639 1,600 20 Feet 80 Feet p Q/ (\ PI"'f�ASKA _IQUOI W V lL� ? 10 643 1,600 20 Feet 80 Feet '-' CON ROL CO VIMISSI: 11 645 1,600 20 Feet 80 Feet 12 649 1,600 20 Feet 80 Feet N 13 651 1,600 20 Feet 80 Feet �j A �v j 14 655 1,600 20 Feet 80 Feet Y @a; i .�y 15 657 1,600 10 Feet 80 Feet `a 1 16 701 5,500 20 Feet 100 Feet y • ,,,, I 17 705 2,000 20 Feet 100 Feet A 18 707 2,000 20 Feet 100 Feet A E 19 711 2,000 20 Feet 100 Feet 20 713 • 2,000 20 Feet 100 Feet k\ I 21 717 2,000 20 Feet 100 Feet P. 22 719 2,000 20 Feet 100 Feet ) V a 23 723 2,000 20 Feet 100 Feet 29 725 2,000 20 Feet 100 Feet ® k - 25 729 2,000 20 Feet 100 Feet 26 731 2,000 20 Feet 100 Feet , � 27 735 2,000 20 Feet 100 Feet ��o 28 737 2,000 20 Feet 100 Feet 1 4 29 741 2,000 20 Feet 100 Feet u� Ia 30 743 2,000 20 Feet 100 Feet y h^ • 31 747 3,650 20 Feet 100 Feet 1 9 N 32 751 1,600 • 20 Feet 80 Feet ..7 L �q 1" _-- 0 33 753 1,600 20 Feet 80 Feet 4" V-----A (.....V y 34 757 1,600 20 Feet 80 Feet ,y • z 35 759 1,600 20 Fe-•. ' • • z: 0 I eet 80 Feet O `: L �q 37 765 1,600 20 Feet 80 Feet v4 V �' Ih•• 38 769 1,600 20 Feet 80 Feet � 1- • 39 777 5,725 55 Feet 84 Feet N• ....•'•" O .‘ ' 0 or, ABLE •• '4 • = : ri �i i 5 7 Stalls per 1,000 Sq Ft l��V�t _ ___ ...„ ,,,,„,......... , + 8.'. � _ 0 i Properties• 4.2 ,� a seoat arldg. LL ° Q i .) 861-8100 a t FOR DETAILS! _ e : 8 1 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE # C/K 42681 777, INC 777 NO 114TH ST 68154 498-6400 DBA CLANCY'S PUB NLCC ORDERS 6-27-02 -ADD APPROVED NEW LICENSE ISSUED * OTHER ACTIVITIES 6-4-02 -DELETION OF AN IRREG SHAPED AREA APPROX 19' X 25' TO THE SOUTH DOC #1304 APPLICATION READ - DOC #1305 SUSP CC LIQ RULES - DOC #1307 APPROVE - DOC #1308 REINSTATE CC LIQ RULES *6-13-02 - 3-28-02-SIGNED NEW CONTRACT W/BIG RED KENO * 1-8-08 -REQ ADD OF AREAS APPROX 60' X 80' AND IRREGULAR SHAPED AREA APPROX 19' X 25' TO THE SOUTH KNOWN AS 765, INC., DBA "CLUB PATRICK", 763- 769 NORTH 114TH STREET LICENSED PREMISES IRREG-SHAPED 1 STY BLDG APPROX 82'X 211' PLUS FENCED IRREG-SHAPED OUTDOOR AREA APPROX 70' X 24' TO THE NORTH EXCLUDING IRREG-SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: PRES/MGR-PATRICIA FERGUSON * SECR - GENE FISHER -License Information Number: 42681 Expiration Date: 10/31/2008 Category: Retail Type of Beverages: Ownership: Corporation Class: CK Exemptions: -Trade Information Trade Name CLANCY'S PUB Trade Address 1 777 N 114 STREET City,State,Zip Code OMAHA, NE 68154 County 01 Individual Applicant Information - Name: FERGUSON, PATRICIA A -Corporate Applicant Information Corporation: 777 INC Address 1: 777 N 114 STREET City,State,Zip Code OMAHA, NE 68154 Troop ID Troop A Registered Agent FERGUSON, PATRICIA A -Bond Information Company: Start Date: Number: Cancel Date: Restrictions: -Partner Information -Partner 1 -Partner 2 Name: FERGUSON, PATRICIA A Name: FISHER,GENE Title: PRESIDENT Title: SEC Shares: 0000000100 Shares: -Description IRREGULAR SHAPED ONE STORY BLDG APPROX 82'X 211' PLUS FENCED IRREGULAR SHAPED OUTDOOR AREA APPROX 70'X 24'TO THE NORTH EXCLUDING IRREGULAR SHAPED AREA 19'X 25'TO THE SOUTH -History Description: NEW APPLICATION Date Effective: 11/09/1998 Description: ESCROW FILED Date Effective: 11/09/1998 Description: CORRECT LICENSE Date Effective: 11/13/1998 Description: STATUTORY TIME Date Effective: 11/16/1998 Description: CORRECT LICENSE Date Effective: 11/20/1998 Description: INV. REV. FINAL Date Effective: 11/30/1998 Description: LOCAL APPROVE Date Effective: 12/04/1998 Description: AG.APPROVE Date Effective: 12/07/1998 Description: FIRE APPROVE Date Effective: 12/08/1998 Description: ISSUE LICENSE Date Effective: 12/14/1998 Description: ENF. INSPEC. Date Effective: 04/30/1999 Description: CORRECT LICENSE Date Effective: 05/04/1999 Description: CLASS CHG. Date Effective: 05/11/1999 Description: STATUTORY TIME Date Effective: 05/13/1999 Description: LOCAL APPROVE Date Effective: 05/25/1999 Description: ISSUE LICENSE Date Effective: 06/07/1999 Description: CORRECT LICENSE Date Effective: 06/17/1999 Description: RENEW APP. Date Effective: 09/15/1999 12/12/2007 33 753 1,600 20 Feet 80 Feet 4" V-----A (.....V y 34 757 1,600 20 Feet 80 Feet ,y • z 35 759 1,600 20 Fe-•. ' • • z: 0 I eet 80 Feet O `: L �q 37 765 1,600 20 Feet 80 Feet v4 V �' Ih•• 38 769 1,600 20 Feet 80 Feet � 1- • 39 777 5,725 55 Feet 84 Feet N• ....•'•" O .‘ ' 0 or, ABLE •• '4 • = : ri �i i 5 7 Stalls per 1,000 Sq Ft l��V�t _ ___ ...„ ,,,,„,......... , + 8.'. � _ 0 i Properties• 4.2 ,� a seoat arldg. LL ° Q i .) 861-8100 a t FOR DETAILS! _ e : 8 1 Description: RtNtw APP. Date tftective: "u9j11fLuui Description: DELETION CHG Date Effective: 05/07/2002 Description: INV. REV. FINAL Date Effective: 05/16/2002 Description: AG.APPROVE Date Effective: 05/30/2002 Description: LOCAL APPROVE Date Effective: 06/07/2002 Description: FIRE APPROVE Date Effective: 06/26/2002 Description: DELETION APPR. Date Effective: 06/27/2002 Description: DUP. LICENSE Date Effective: 07/03/2002 Description: RENEW APP. Date Effective: 09/16/2002 Description: LEASE EXTENDED Date Effective: 09/16/2002 Description: ENF. INSPEC. Date Effective: 12/30/2002 Description: ENF. INSPEC. Date Effective: 06/30/2003 Description: RENEW APP. Date Effective: 09/03/2003 Description: RENEW APP. Date Effective: 09/28/2004 Description: CORRECT LICENSE Date Effective: 09/28/2004 Description: CORRECT LICENSE Date Effective: 09/22/2005 Description: RENEW APP. Date Effective: 09/22/2005 Description: DUP. LICENSE Date Effective: 11/01/2005 Description: CORRECT LICENSE Date Effective: 08/16/2006 Description: RENEW APP. Date Effective: 09/26/2006 Description: LEASE EXTENDED Date Effective: 10/01/2007 Description: RENEW APP. Date Effective: 10/01/2007 Description: ADDN CHG FILE Date Effective: 12/03/2007 12/12/2007 Description: INV. REV. FINAL Date Effective: 11/30/1998 Description: LOCAL APPROVE Date Effective: 12/04/1998 Description: AG.APPROVE Date Effective: 12/07/1998 Description: FIRE APPROVE Date Effective: 12/08/1998 Description: ISSUE LICENSE Date Effective: 12/14/1998 Description: ENF. INSPEC. Date Effective: 04/30/1999 Description: CORRECT LICENSE Date Effective: 05/04/1999 Description: CLASS CHG. Date Effective: 05/11/1999 Description: STATUTORY TIME Date Effective: 05/13/1999 Description: LOCAL APPROVE Date Effective: 05/25/1999 Description: ISSUE LICENSE Date Effective: 06/07/1999 Description: CORRECT LICENSE Date Effective: 06/17/1999 Description: RENEW APP. Date Effective: 09/15/1999 12/12/2007 33 753 1,600 20 Feet 80 Feet 4" V-----A (.....V y 34 757 1,600 20 Feet 80 Feet ,y • z 35 759 1,600 20 Fe-•. ' • • z: 0 I eet 80 Feet O `: L �q 37 765 1,600 20 Feet 80 Feet v4 V �' Ih•• 38 769 1,600 20 Feet 80 Feet � 1- • 39 777 5,725 55 Feet 84 Feet N• ....•'•" O .‘ ' 0 or, ABLE •• '4 • = : ri �i i 5 7 Stalls per 1,000 Sq Ft l��V�t _ ___ ...„ ,,,,„,......... , + 8.'. � _ 0 i Properties• 4.2 ,� a seoat arldg. LL ° Q i .) 861-8100 a t FOR DETAILS! _ e : 8 1 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C-49951 765, INC 763-769 NORTH 114TH STREET 68154 934-5061 DBA CLUB PATRICK'S NLCC ORDERS 6-27-02-ADD APPROVED NEW LICENSE ISSUED *2-06 -HRG 1-19-06-15 DAYS SUSP RE; ASSAULT ON MATTHEW LYON 3-6-05 WAS A VIOLATION OF THE RULES & REGULATIONS OF THE NLCC. THE AGENTS OF CLUB PATRICK'S ESCALATED THE DISTURBANCE WHEN HE ASSAULTED LYONS. AND THE TWO SECURITY GUARDS WERE ACTING AS AGENTS OF CLUB PATRICK'S WHEN IN THE COURSE AND SCOPE OF THEIR EMPLOYMENT THEY PHYSICALLY REMOVED LYONS FROM THE PREMISES. THE DISTURBANCE ESCALATED WHEN THE AGENTS PHYSICALLY ASSAULTED LYONS * OTHER ACTIVITIES 12-5-00 -GRANT RES #3197 * 6-16-01-TAVERN REPORT RE: ASSAULT INSIDE THE ESTABLISHMENT * BIG RED KENO CC HRG 1-9-01 ADOPTED RES #49 * KENO OPENED 2- 2-01 * 6-4-02 -ADD AN IRREG SHAPED AREA APPROX 19' X 25' TO THE SOUTH DOC #1304 APPLICATION READ - DOC #1305 SUSP CC LIQ RULES - DOC #1306 APPROVE - DOC #1308 REINSTATE CC LIQ RULES * 3-6-05 -TAVERN REPORT RE: ASSAULT;BATTERY BY EMPLOYEES INSIDE & OUTSIDE THE ESTABLISHMENT * 10-29-05 -TAVERN REPORT RE: DISORDERLY CONDUCT & ASSAULT;BATTERY INSIDE AND OUTSIDE THE ESTABLISHMENT * 1-6-06 -TAVERN REPORT RE: DESTRUCTION OF PROPERTY LICENSED PREMISES 1 STY BLDG 60' X 80' PLUS IRREGULAR SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: MGR-PATRICK VONDRA, 11805 SKYLARK DR, 68144-(W)659-0240 (H)691-0600 * PRES- MICHAEL KELLEY-832 N 122ND CT, (W)397-1898 (H)965-3994 *SEC/TREAS -PATRICIA FERGUSON 11/30/1998 Description: LOCAL APPROVE Date Effective: 12/04/1998 Description: AG.APPROVE Date Effective: 12/07/1998 Description: FIRE APPROVE Date Effective: 12/08/1998 Description: ISSUE LICENSE Date Effective: 12/14/1998 Description: ENF. INSPEC. Date Effective: 04/30/1999 Description: CORRECT LICENSE Date Effective: 05/04/1999 Description: CLASS CHG. Date Effective: 05/11/1999 Description: STATUTORY TIME Date Effective: 05/13/1999 Description: LOCAL APPROVE Date Effective: 05/25/1999 Description: ISSUE LICENSE Date Effective: 06/07/1999 Description: CORRECT LICENSE Date Effective: 06/17/1999 Description: RENEW APP. Date Effective: 09/15/1999 12/12/2007 33 753 1,600 20 Feet 80 Feet 4" V-----A (.....V y 34 757 1,600 20 Feet 80 Feet ,y • z 35 759 1,600 20 Fe-•. ' • • z: 0 I eet 80 Feet O `: L �q 37 765 1,600 20 Feet 80 Feet v4 V �' Ih•• 38 769 1,600 20 Feet 80 Feet � 1- • 39 777 5,725 55 Feet 84 Feet N• ....•'•" O .‘ ' 0 or, ABLE •• '4 • = : ri �i i 5 7 Stalls per 1,000 Sq Ft l��V�t _ ___ ...„ ,,,,„,......... , + 8.'. � _ 0 i Properties• 4.2 ,� a seoat arldg. LL ° Q i .) 861-8100 a t FOR DETAILS! _ e : 8 1 -License Information Number: 49951 Suspended Date: 03/20/2006 Category: Retail Suspended Days: 15 Ownership: Corporation Expiration Date: 10/31/2008 Class: C Type of Beverages: Exemptions: -Trade Information ' Trade Name CLUB PATRICK'S Trade Address 1 763-769 N 114 STREET City,State,Zip Code OMAHA, NE 68154 County 01 -Individual Applicant Information Name: VONDRA, PATRICK Corporate Applicant Information Corporation: 765 INC Address 1: 763-769 N 114 STREET City,State,Zip Code OMAHA, NE 68154 Troop ID Troop A Registered Agent KELLEY,MICHAEL -Bond Information Company: Start Date: Number: Cancel Date: Restrictions: -Partner Information -Partner 1 -Partner 2 Name: KELLEY, MICHAEL Name: FERGUSON, PATRICIA *SPOUSE Title: PRESIDENT Title: SEC/TRE Shares: 0000000100 Shares: Description ONE STORY BLDG 60'X 80' PLUS IRREGULAR SHAPED AREA APPROX 19'X 25'TO THE SOUTH -History Description: CORRECT LICENSE Date Effective: 11/03/2000 Description: NEW APPLICATION Date Effective: 11/03/2000 . Description: STATUTORY TIME Date Effective: 11/09/2000 Description: CORRECT LICENSE Date Effective: 11/17/2000 Description: INV. REV. FINAL Date Effective: 11/22/2000 Description: INV. REV. FINAL Date Effective: 12/04/2000 Description: AG.APPROVE Date Effective: 12/07/2000 Description: LOCAL APPROVE Date Effective: 12/08/2000 Description: FIRE APPROVE Date Effective: 01/17/2001 Description: CORRECT LICENSE Date Effective: 01/17/2001 Description: FIRE APPROVE Date Effective: 01/17/2001 Description: CORRECT LICENSE Date Effective: 01/17/2001 Description: ISSUE LICENSE Date Effective: 01/17/2001 Description: CORRECT LICENSE Date Effective: 01/17/2001 Description: DISTURBANCE Date Effective: 06/16/2001 Description: RENEW APP. Date Effective: 09/11/2001 Description: CORRECT LICENSE Date Effective: 09/11/2001 Description: MISC. DOCUMENT Date Effective: 09/13/2001 12/12/2007 2007 33 753 1,600 20 Feet 80 Feet 4" V-----A (.....V y 34 757 1,600 20 Feet 80 Feet ,y • z 35 759 1,600 20 Fe-•. ' • • z: 0 I eet 80 Feet O `: L �q 37 765 1,600 20 Feet 80 Feet v4 V �' Ih•• 38 769 1,600 20 Feet 80 Feet � 1- • 39 777 5,725 55 Feet 84 Feet N• ....•'•" O .‘ ' 0 or, ABLE •• '4 • = : ri �i i 5 7 Stalls per 1,000 Sq Ft l��V�t _ ___ ...„ ,,,,„,......... , + 8.'. � _ 0 i Properties• 4.2 ,� a seoat arldg. LL ° Q i .) 861-8100 a t FOR DETAILS! _ e : 8 1 Description: Lilt Date tttectuVe: 0911i/2UU1 Description: ADDN CHG FILE Date Effective: 05/07/2002 Description: INV. REV. FINAL Date Effective: 05/16/2002 Description: AG.APPROVE Date Effective: 05/30/2002 Description: LOCAL APPROVE Date Effective: 06/07/2002 Description: FIRE APPROVE Date Effective: 06/26/2002 Description: ADDN APPROVED Date Effective: 06/27/2002 Description: RENEW APP. Date Effective: 09/16/2002 Description: LEASE EXTENDED Date Effective: 09/16/2002 Description: RENEW APP. Date Effective: 09/03/2003 Description: RENEW APP. Date Effective: 09/28/2004 Description: CORRECT LICENSE Date Effective: 09/29/2004 Description: DISTURBANCE Date Effective: 03/06/2005 Description: CORRECT LICENSE Date Effective: 09/22/2005 Description: LEASE EXTENDED Date Effective: 09/22/2005 Description: RENEW APP. Date Effective: 09/22/2005 Description: CITE Date Effective: 10/19/2005 Description: DISTURBANCE Date Effective: 10/29/2005 Description: DUP. LICENSE Date Effective: 11/01/2005 Description: CITE Date Effective: 11/30/2005 Description: FILED Date Effective: 12/12/2005 Description: SUSPEND LICENSE Date Effective: 02/09/2006 Description: PAY FINE Date Effective: 02/21/2006 Description: CORRECT LICENSE Date Effective: 08/16/2006 Description: RENEW APP. Date Effective: 09/26/2006 Description: LEGAL MISC DOC Date Effective: 10/16/2006 Description: RENEW APP. Date Effective: 10/01/2007 Description: LEASE Date Effective: 10/01/2007 Description: ADDN CHG FILE Date Effective: 12/03/2007 12/12/2007 Date Effective: 01/17/2001 Description: CORRECT LICENSE Date Effective: 01/17/2001 Description: ISSUE LICENSE Date Effective: 01/17/2001 Description: CORRECT LICENSE Date Effective: 01/17/2001 Description: DISTURBANCE Date Effective: 06/16/2001 Description: RENEW APP. Date Effective: 09/11/2001 Description: CORRECT LICENSE Date Effective: 09/11/2001 Description: MISC. DOCUMENT Date Effective: 09/13/2001 12/12/2007 2007 33 753 1,600 20 Feet 80 Feet 4" V-----A (.....V y 34 757 1,600 20 Feet 80 Feet ,y • z 35 759 1,600 20 Fe-•. ' • • z: 0 I eet 80 Feet O `: L �q 37 765 1,600 20 Feet 80 Feet v4 V �' Ih•• 38 769 1,600 20 Feet 80 Feet � 1- • 39 777 5,725 55 Feet 84 Feet N• ....•'•" O .‘ ' 0 or, ABLE •• '4 • = : ri �i i 5 7 Stalls per 1,000 Sq Ft l��V�t _ ___ ...„ ,,,,„,......... , + 8.'. � _ 0 i Properties• 4.2 ,� a seoat arldg. LL ° Q i .) 861-8100 a t FOR DETAILS! _ e : 8 1 ;.-',-&..1:E-...:;at::„i"W-S:.:;l4;:ia :a 41(.73 z a --YR,':1'4'-1":'.:'45N.,'" 'V'..".7,, r 4 Z*2 P-(1"i r'''TP‘:40Y"Tr&Q,ri'.-j"...t is'',.f%P.' .,'•V.4'W t Alleic.t..,Mi'gr.W,,I,. " .".. INi ig:541.:::Mr inefik f,c:;•,',.t;r, y-;,,,p .,c,;,,,,,, ,:tz. :,..,,,, ,A....4,..-0,„, i-,..,,,,,,-._..-...0 th.i • .1;1'7.4...of,*„.,,A,,,,A;..::,4;:ir,,v4...L.. 4,.,,,4,..:::ir, ,yt:T,,,,Aigxt, -.T:•,.itt.,,,Zit i-‘P.-yjii.a ,,-.g;,w..?; .,:4,_,0,,X14,,,,,j,i4bAtc,,,,,,74,,,;,5,,,,.4.,--..., sv,--='. '-'--•-:,t.VAPti;:/..Y:':.:Tfsi:51P;7:W.g,';'?:::•tfi ...i,gia*,,i'%*:'El:Ye4.1'0:r-k4„:'!"•.''',A14.:4. --,-.- :1 41.1441., .>,. ,5 0 '—"/ 1p.r.d ., 1 Ogl .4‘,,',;.'„-,,_. i -:. :..--- ls. ''ii• • . ., ialk- .„..- NEBRASKA Bar . . . , TATE OF ik.l', 44.....'-•'--• ---.= Ti.,-.4.1 .F! '''' "''' 4'WCW4'.... 11.-1- -"-.-r- sAcc.,-,...„-„,....:.....---"' .!i _ .... ti •.1' LIQUOR LICENSE ...._.... _. _ .. _ .,. ___„. ,,,„. • GRANTED UNDER PROVISIONS OF '''''"'"" NEBRASKA MOOR CONTROL ACT :i ....... / ‘ E,---::---; tA cf4 RECEIV ti.; • ---.. . CLASS C - ALCOHOlate-L-t.W.%134_,(00'SALE DEC 03 2DO1 .., JtNsum-CC/WORATE LIMIT81,''''- . , Z....." . NEBRASKA LIQUOK''',g.:,,_ LICENSEE :- - ' -' '-..: ,3-., . 765 INC ,- .- -•,_ - j 3-. ,.,j-jcicaiwomi.) 1):LISE-H.( ...: i';'--'-' ,,,.. CONTROL COMMISSIr.i;',...: -'s ' ' Ii -N-11-,_ iRiii ir 763-769 N .114 STREET- ,„...{-:-.?-- -• "r.63-769:‘• '-11-, , DO GLAS :•.:- , :,.2-- 3-,,,. ,.,.. t- f.3...„, -t, ?..- _ ‘-33,3°1- ", r,^-1 .‹ A: 1% .'-^" ,; I., •7 ‘ L.1.-s. '.°- ,,_:, — . ... : OMAHA .3-3N07,68154',. '-' ' OMAHA q•--,-,,F-‘"CNE 68154 :r „ _.. '.e- P ,....--,. , . , , ...., .,.....' ' ' . : •-. - ;!".,' . P t.././.2 k)-1.' :.' - • - 1 , •. , 1 , -•••„„ ,---,,, •/••••k. - :, _. ,..4.-- ., :, , r.,f.,•:. .. 1 :,../ •••:, ,z-.) .... . . ...:::.--., :,•-•:---..:-, , 1-1/1 .1 •..N14 _.., .; . . . _- ''''.• - ..,:-' ,. , , ,,_ • .• . , • , ; - , . , t t•-•,. --' -,'„, E-ii. „.„ ...,... Fr.::. - ,.. , .: . I; 0D cv:i Diu t ,., ,,' ... .! ::.:..:;...;;i1..2..!.- ,_-4-- ,.4,.„, • . LEGAL DESCRIPT/ON.r.:" r'' -. ' .' -- " --.••-: ;,-- ,,. --. ..,--,.. •33.'. ONE STORY BLDG 681 X 80! PLUS IRREGU:LAR'1.SHAPED ARE84PPROX . .33_:, • :.•: . i 19' X 2.5''s.TO THE SOUTH ,1,•: ? -' ,: ,-:: .,-•..i.,•:•-,----.---- ,3•--i 3--- ' .--:, , :-. . , . iiil..::: • t ..',;: i..'3. . , • ...3.?::.,. , • , .,..:. . , 3- :'-',:';': 'N .... ,----,-, E.iF.:',,-;, Ai (4i) ' , _ WHEREAS, THE, OVE HAS'AiW3F/LE WTTWTHELZQUOR COMMISSI , 33---g•- •:',-,. ' APPLICATION 4N1DrBONAL__ _1844,_. I,4RED BY LAW WHICH HAS BEEN 'MIL 4-APPROYED ,. tThi--;,•:.'- -; ' r a•-"- A "-: AND..HAS-,--PAID IL - ES REQUIRED BY LAW. AS PROVIDED I MATHB, •EBRASKAiv, 3...-,:-. " '''''' 4 't, P.-7---;.;•71 . LIQUOR CONTROLL V.," r_•,,. '''''•:''''''''.'"------------:,,,..,=•,!-.:,- ': ;-)' i ,..;,- ,, •, :1 ,/;7 /,‘• R L,,:, L,,, t S ERSE PERIOD: 11/01/2007 - 1\--0 ,- /2008 ,, •-!.,? -%,.. \ ',--••' .4 -;3,..;• 3.31-,,,,-3i;f::•3 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 Dec 06 07 01:02p Patty Ferguson ,, 402-933-9129 p.1 1r v ) � V � V 2. J 1 Q e' ! z I L. --^ `fib / ES 6-4-02 -DELETION OF AN IRREG SHAPED AREA APPROX 19' X 25' TO THE SOUTH DOC #1304 APPLICATION READ - DOC #1305 SUSP CC LIQ RULES - DOC #1307 APPROVE - DOC #1308 REINSTATE CC LIQ RULES *6-13-02 - 3-28-02-SIGNED NEW CONTRACT W/BIG RED KENO * 1-8-08 -REQ ADD OF AREAS APPROX 60' X 80' AND IRREGULAR SHAPED AREA APPROX 19' X 25' TO THE SOUTH KNOWN AS 765, INC., DBA "CLUB PATRICK", 763- 769 NORTH 114TH STREET LICENSED PREMISES IRREG-SHAPED 1 STY BLDG APPROX 82'X 211' PLUS FENCED IRREG-SHAPED OUTDOOR AREA APPROX 70' X 24' TO THE NORTH EXCLUDING IRREG-SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: PRES/MGR-PATRICIA FERGUSON * SECR - GENE FISHER cI ar y's Pub OMAHA 70- /69/ufy , --r 16) , F ") .-Le (Act,a1/4-0e›- ) G CaJi fS77 rejl-J 7. 5.14,4Li- 210 )._ _0606 6'd 6Z1.6-£C6-Z0t7 uosn6Jed i(}}ed dLO:1,0 LO 90 oeQ UTH DOC #1304 APPLICATION READ - DOC #1305 SUSP CC LIQ RULES - DOC #1307 APPROVE - DOC #1308 REINSTATE CC LIQ RULES *6-13-02 - 3-28-02-SIGNED NEW CONTRACT W/BIG RED KENO * 1-8-08 -REQ ADD OF AREAS APPROX 60' X 80' AND IRREGULAR SHAPED AREA APPROX 19' X 25' TO THE SOUTH KNOWN AS 765, INC., DBA "CLUB PATRICK", 763- 769 NORTH 114TH STREET LICENSED PREMISES IRREG-SHAPED 1 STY BLDG APPROX 82'X 211' PLUS FENCED IRREG-SHAPED OUTDOOR AREA APPROX 70' X 24' TO THE NORTH EXCLUDING IRREG-SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: PRES/MGR-PATRICIA FERGUSON * SECR - GENE FISHER ' SOUTHWESTERN PLAZA SHOPPING CENTER Page 1 of 31 Ginger From: Patty F [pattyf@cox.net] Sent: Monday, November 19, 2007 1:33 PM RECEIVED To: Ginger Cc: patty ferguson DEC 0 3 2007 Subject: CLANCYS-CLUB PATS.LSE NEBRASKA LIQUOR Attachments: header.htm CONTROL COMMISSION SHOPPING CENTER LEASE ROBERT MILLER PROPERTIES, INC. A NEBRASKA CORPORATION MIRACLE HILLS SQUARE • 11/19/2007 SHAPED AREA APPROX 19' X 25' TO THE SOUTH KNOWN AS 765, INC., DBA "CLUB PATRICK", 763- 769 NORTH 114TH STREET LICENSED PREMISES IRREG-SHAPED 1 STY BLDG APPROX 82'X 211' PLUS FENCED IRREG-SHAPED OUTDOOR AREA APPROX 70' X 24' TO THE NORTH EXCLUDING IRREG-SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: PRES/MGR-PATRICIA FERGUSON * SECR - GENE FISHER SOUTHWESTERN PLAZA SHOPPING CENTER Page 2 of 31 SHOPPING CENTER LEASE TABLE OF CONTENTS RECEIVED ARTICLE TITLE DEC 3 I FUNDAMENTAL LEASE PROVISIONS O 2007 II PREMISES NEBRASKA LIQUOR III • TERM CONTROL COMMISSION IV USE OF PREMISES V RENT VI REAL ESTATE TAXES AND ASSESSEMNTS VII FIRE AND EXTENDED COVERAGE VIII COMMON AREA CHARGES IX CONTROL OF COMMON AREAS BY LANDLORD X UTILITIES XI CONSTRUCTION AND ACCEPTANCE OF PREMISES XII ALTERATIONS XIII EXTERIOR SIGN SPECIFICATIONS XIV ASSIGNMENT OR SUBLEASE XV REPAIRS XVI CONDITION OF PREMISES XVII PERSONAL PROPERTY AT RISK OF TENANT XVIII LANDLORD'S RESERVED RIGHTS XIX ACCESS BY LANDLORD XX INSURANCE XXI INDEMNITY XXII LIABILITY INSURANCE XXIII DAMAGE BY FIRE OR OTHER CASUALTY XXIV CONDEMNATION XXV DEFAULT OR BREACH XXVI EFFECT OF DEFAULT XXVII SURRENDER;HOLDING OVER XXVIII SUBORDINATION AND ATTORNMENT XXIX NOTICES XXX RULES AND REGULATIONS XXXI NET LEASE XXXII MISCELLANEOUS XXXIII . INITIAL IMPROVEMENTS OF THE PREMISES XXXIV OPTION TO EXTEND XXXV BROKERS EXHIBITS A. PERSONAL GUARANTEE B. SITE PLAN C. LANDLORD'S AND TENANTS WORK DRAWINGS,PLANS AND SPECS D. SIGN CRITERIA E. ACCEPTANCE OF PREMISES 11/19/2007 ' '-..: ,3-., . 765 INC ,- .- -•,_ - j 3-. ,.,j-jcicaiwomi.) 1):LISE-H.( ...: i';'--'-' ,,,.. CONTROL COMMISSIr.i;',...: -'s ' ' Ii -N-11-,_ iRiii ir 763-769 N .114 STREET- ,„...{-:-.?-- -• "r.63-769:‘• '-11-, , DO GLAS :•.:- , :,.2-- 3-,,,. ,.,.. t- f.3...„, -t, ?..- _ ‘-33,3°1- ", r,^-1 .‹ A: 1% .'-^" ,; I., •7 ‘ L.1.-s. '.°- ,,_:, — . ... : OMAHA .3-3N07,68154',. '-' ' OMAHA q•--,-,,F-‘"CNE 68154 :r „ _.. '.e- P ,....--,. , . , , ...., .,.....' ' ' . : •-. - ;!".,' . P t.././.2 k)-1.' :.' - • - 1 , •. , 1 , -•••„„ ,---,,, •/••••k. - :, _. ,..4.-- ., :, , r.,f.,•:. .. 1 :,../ •••:, ,z-.) .... . . ...:::.--., :,•-•:---..:-, , 1-1/1 .1 •..N14 _.., .; . . . _- ''''.• - ..,:-' ,. , , ,,_ • .• . , • , ; - , . , t t•-•,. --' -,'„, E-ii. „.„ ...,... Fr.::. - ,.. , .: . I; 0D cv:i Diu t ,., ,,' ... .! ::.:..:;...;;i1..2..!.- ,_-4-- ,.4,.„, • . LEGAL DESCRIPT/ON.r.:" r'' -. ' .' -- " --.••-: ;,-- ,,. --. ..,--,.. •33.'. ONE STORY BLDG 681 X 80! PLUS IRREGU:LAR'1.SHAPED ARE84PPROX . .33_:, • :.•: . i 19' X 2.5''s.TO THE SOUTH ,1,•: ? -' ,: ,-:: .,-•..i.,•:•-,----.---- ,3•--i 3--- ' .--:, , :-. . , . iiil..::: • t ..',;: i..'3. . , • ...3.?::.,. , • , .,..:. . , 3- :'-',:';': 'N .... ,----,-, E.iF.:',,-;, Ai (4i) ' , _ WHEREAS, THE, OVE HAS'AiW3F/LE WTTWTHELZQUOR COMMISSI , 33---g•- •:',-,. ' APPLICATION 4N1DrBONAL__ _1844,_. I,4RED BY LAW WHICH HAS BEEN 'MIL 4-APPROYED ,. tThi--;,•:.'- -; ' r a•-"- A "-: AND..HAS-,--PAID IL - ES REQUIRED BY LAW. AS PROVIDED I MATHB, •EBRASKAiv, 3...-,:-. " '''''' 4 't, P.-7---;.;•71 . LIQUOR CONTROLL V.," r_•,,. '''''•:''''''''.'"------------:,,,..,=•,!-.:,- ': ;-)' i ,..;,- ,, •, :1 ,/;7 /,‘• R L,,:, L,,, t S ERSE PERIOD: 11/01/2007 - 1\--0 ,- /2008 ,, •-!.,? -%,.. \ ',--••' .4 -;3,..;• 3.31-,,,,-3i;f::•3 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 3 of 31 MIRACLE HILLS SQUARE LEASE into this i 2 0 .day ('I��Q 191 . THIS LEASE (Lease) is made and entered of / between Robert Miller Properties, (Landlord) and 777 INC.; d/b/a Clancy's & Club Pat i.c s ED upon the following terms and conditions: DEC 03 2007 ARTICLE I FUNDAMENTAL LEASE PROVISIONS NEBRASKA LIQUOR CONTROL COMMISSION This entire lease is contingent upon Lessee obtaining a liquor license. Each of the following subparagraphs is individually referred to in this Lease as a (Fundamental Lease Provision) and is contained in this paragraph for convenience. Each reference in this Lease to a Fundamental Lease Provision shall be construed to incorporate all of the terms of such Fundamental Lease Provision. In the event of any conflict between a Fundamental Lease Provision and any other provision of this Lease, such other provision shall govern. (a) Landlord: Robert Miller Properties, INC. a Nebraska Corporation (b) Landlord's Address for Notices and Rent Payments: Robert Miller Properties 3850 South 149th Street Suite 108 Omaha,NE 68144 (c) Tenant: 777 INC.. d/b/a Clancy's& Club Patrick's (d) Tenant's Address for Notices: c/o Patty Ferguson. 11805 Skylark Dr, Omaha, Ne 68144 (e) Tenant's Trade Name: 777 Inc., d/b/a Clancy's & Club Patrick's (f) Address of Premises: 763-777 North 114th Street, Omaha,NE 68154,_ Douglas County, (Premises) (g) Name and Address of Shopping Center Development: Miracle Hills Square Shopping Center 615-777 North 114th Street, Omaha,NE 68154, Douglas County (h) Approximate Number of Square Feet in Premises: 10,512 (i) Number of Years in Lease Term: (Six)-6 (j) Monthly Base Rent Per Square Foot as follows: December 1, 2007 thru March 31, 2008 - $ .00 April 1, 2008 thru November 30, 2008 $10,950.00 • December 1, 2008 thru November 30, 2009 $11,169.00 December 1, 2009 thru November 30, 2010 $11,392.38 11/19/2007 . '.e- P ,....--,. , . , , ...., .,.....' ' ' . : •-. - ;!".,' . P t.././.2 k)-1.' :.' - • - 1 , •. , 1 , -•••„„ ,---,,, •/••••k. - :, _. ,..4.-- ., :, , r.,f.,•:. .. 1 :,../ •••:, ,z-.) .... . . ...:::.--., :,•-•:---..:-, , 1-1/1 .1 •..N14 _.., .; . . . _- ''''.• - ..,:-' ,. , , ,,_ • .• . , • , ; - , . , t t•-•,. --' -,'„, E-ii. „.„ ...,... Fr.::. - ,.. , .: . I; 0D cv:i Diu t ,., ,,' ... .! ::.:..:;...;;i1..2..!.- ,_-4-- ,.4,.„, • . LEGAL DESCRIPT/ON.r.:" r'' -. ' .' -- " --.••-: ;,-- ,,. --. ..,--,.. •33.'. ONE STORY BLDG 681 X 80! PLUS IRREGU:LAR'1.SHAPED ARE84PPROX . .33_:, • :.•: . i 19' X 2.5''s.TO THE SOUTH ,1,•: ? -' ,: ,-:: .,-•..i.,•:•-,----.---- ,3•--i 3--- ' .--:, , :-. . , . iiil..::: • t ..',;: i..'3. . , • ...3.?::.,. , • , .,..:. . , 3- :'-',:';': 'N .... ,----,-, E.iF.:',,-;, Ai (4i) ' , _ WHEREAS, THE, OVE HAS'AiW3F/LE WTTWTHELZQUOR COMMISSI , 33---g•- •:',-,. ' APPLICATION 4N1DrBONAL__ _1844,_. I,4RED BY LAW WHICH HAS BEEN 'MIL 4-APPROYED ,. tThi--;,•:.'- -; ' r a•-"- A "-: AND..HAS-,--PAID IL - ES REQUIRED BY LAW. AS PROVIDED I MATHB, •EBRASKAiv, 3...-,:-. " '''''' 4 't, P.-7---;.;•71 . LIQUOR CONTROLL V.," r_•,,. '''''•:''''''''.'"------------:,,,..,=•,!-.:,- ': ;-)' i ,..;,- ,, •, :1 ,/;7 /,‘• R L,,:, L,,, t S ERSE PERIOD: 11/01/2007 - 1\--0 ,- /2008 ,, •-!.,? -%,.. \ ',--••' .4 -;3,..;• 3.31-,,,,-3i;f::•3 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 4 of 31 December 1, 2010 thru November 30, 2011 $11,620.23 °°� December 1, 2011 thru November 30, 2012 $11,852.63 , December 1, 2012 thru November 30, 2013 $12,089.68 (k) Initial Annual Common Areas Charge: $1.715.per square foot DEC 03 2007 NEBRASKA LIQUOR (1) Initial Insurance Contribution: $0.187 per square foot CONTROL COMMISSION (m) Initial Tax Contribution: $1.903 per square foot (n) Permitted Use of Premises: Restaurant/Bar (o) Security Deposit: None (p) Commencement Date of Lease Term: The commencement date for the Lease will_be approximately December 1, 2007. Payment of rent will start upon commencement. For a one hundred twenty (120) day period of time thereafter, Tenant's rent to. Landlord shall be $00.00. (q) . Tenant Fraction: 10,512/87,350 (12.03%) (r) Approximate Number of Square Feet in the Shopping Center: 87,350 (s) It is understood that the Tenant accepts the leased premises in an "As Is" condition. (t) Tenant's Allowance: The allowance in the amount of $40,000.00, defined in Article XXXIII, Section 33.1, in accordance with the provisions of Section 33. Payment of Operating Expenses: Payment of Tenant's Tax Contribution, Tenant's Insurance Contribution and Tenant's Common Area Charge will start upon lease commencement. ARTICLE II PREMISES Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises located in the spaces shown in yellow on Exhibit B (Site Plan): The address of the Premises is set forth as a Fundamental Lease Provision in Article I, subsection (f). As indicated on Exhibit A, the Premises will be a part of the (Shopping Center), which is identified as a Fundamental Lease Provision in Article I, subparagraph (g). The Premises contains the approximate number of square feet of floor space that is set out as a Fundamental Lease Provision in Article I, subparagraph (h). The use and occupation by Tenant of the Premises shall include the irrevocable license for the term (including any renewals) of this. Lease to use, in common with others entitled thereto, the common areas of the Shopping Center. "Common Areas" shall include parking areas, loading facilities, truck service-ways, service corridors, landscaped areas, streets, sidewalks, driveways and such other areas as may be so designated from time to time by Landlord for the common use of tenants in the Shopping Center, subject, however, to the terms and conditions of this Lease and such reasonable rules and regulations as Landlord shall adopt from time to time in connection therewith. ARTICLE III - TERM 11/19/2007 • , ; - , . , t t•-•,. --' -,'„, E-ii. „.„ ...,... Fr.::. - ,.. , .: . I; 0D cv:i Diu t ,., ,,' ... .! ::.:..:;...;;i1..2..!.- ,_-4-- ,.4,.„, • . LEGAL DESCRIPT/ON.r.:" r'' -. ' .' -- " --.••-: ;,-- ,,. --. ..,--,.. •33.'. ONE STORY BLDG 681 X 80! PLUS IRREGU:LAR'1.SHAPED ARE84PPROX . .33_:, • :.•: . i 19' X 2.5''s.TO THE SOUTH ,1,•: ? -' ,: ,-:: .,-•..i.,•:•-,----.---- ,3•--i 3--- ' .--:, , :-. . , . iiil..::: • t ..',;: i..'3. . , • ...3.?::.,. , • , .,..:. . , 3- :'-',:';': 'N .... ,----,-, E.iF.:',,-;, Ai (4i) ' , _ WHEREAS, THE, OVE HAS'AiW3F/LE WTTWTHELZQUOR COMMISSI , 33---g•- •:',-,. ' APPLICATION 4N1DrBONAL__ _1844,_. I,4RED BY LAW WHICH HAS BEEN 'MIL 4-APPROYED ,. tThi--;,•:.'- -; ' r a•-"- A "-: AND..HAS-,--PAID IL - ES REQUIRED BY LAW. AS PROVIDED I MATHB, •EBRASKAiv, 3...-,:-. " '''''' 4 't, P.-7---;.;•71 . LIQUOR CONTROLL V.," r_•,,. '''''•:''''''''.'"------------:,,,..,=•,!-.:,- ': ;-)' i ,..;,- ,, •, :1 ,/;7 /,‘• R L,,:, L,,, t S ERSE PERIOD: 11/01/2007 - 1\--0 ,- /2008 ,, •-!.,? -%,.. \ ',--••' .4 -;3,..;• 3.31-,,,,-3i;f::•3 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 5 of 31 This Lease shall be for a term consisting of the number of years set forth as a Fundamental Lease Provision in Article I, subparagraph (I), unless sooner terminated pursuant to the provisions of this lease. The commencement date of the term of this Lease (the "Commencement Date") shall be that date set forth as a Fundamental Lease Provision in Article I, subparagraph (p). If the Commencement Date occurs on a day other than the first day of a calendar month, or if the expiration occurs on a day other than the last day of a calendar month, then the monthly rent for such fractional month will be prorated on a daily basis. Possession shall be deemed to occur on the date that the Premises are Ready for Occupancy. Earlier or later possession shall not change the termination date of this Lease. This Lease shall not be void or voidable in the event of a late delivery of possession by Landlord, nor shall Landlord be liable to Tenant for any resulting loss or damage. ARTICLE IV USE OF PREMISES The Premises are leased to Tenant, and are to be used by Tenant, for the permitted use set forth _ as a Fundamental_Lease Provision in Article.I, subparagraph (n) and for no other purpose. Tenant agrees to use. the Premises in such a manner as to not interfere with the rights of other tenants in the Shopping Center, to comply with all applicable governmental laws, ordinances and regulations in connection with its use of the Premises, to keep the Premises in a clean and sanitary condition, to use all reasonable precaution to prevent waste, damage or injury to the Premises. ARTICLE V RENT Section 5.1. Base Rent. The total Base Rent under this Lease is set forth as a Fundamental Lease Provision in Article I, subparagraph (j). Tenant agrees to pay rent to Landlord at the address set forth as a Fundamental Lease Provision in Article I, subparagraph(b), or at any other place Landlord may designate in writing, in lawful money of the United States, in monthly installments in advance, on the first date of each month, as follows: YEARLY MONTHLY DATE AMOUNT BASE RENTAL YEAR#1 $ 87,600.00 $10,950.00 April 1, 2008 —November 30, 2008 YEAR#2 $134,028.00 $11,169.00 December 1, 2008 —November 30, 2009 YEAR#3 $136,708.56 $11,392.38 December 1, 2009 —November 30, 2010 YEAR#4 $139,442.73 $11,620.23 December 1, 2010—November 30, 2011 YEAR#5 $142,231.59 $11,852.63 December 1, 2011 —November 30, 2012 YEAR#6 $145,076.22 $12,089.68 December 1, 2012—November 30, 2013 11/19/2007 ulations as Landlord shall adopt from time to time in connection therewith. ARTICLE III - TERM 11/19/2007 • , ; - , . , t t•-•,. --' -,'„, E-ii. „.„ ...,... Fr.::. - ,.. , .: . I; 0D cv:i Diu t ,., ,,' ... .! ::.:..:;...;;i1..2..!.- ,_-4-- ,.4,.„, • . LEGAL DESCRIPT/ON.r.:" r'' -. ' .' -- " --.••-: ;,-- ,,. --. ..,--,.. •33.'. ONE STORY BLDG 681 X 80! PLUS IRREGU:LAR'1.SHAPED ARE84PPROX . .33_:, • :.•: . i 19' X 2.5''s.TO THE SOUTH ,1,•: ? -' ,: ,-:: .,-•..i.,•:•-,----.---- ,3•--i 3--- ' .--:, , :-. . , . iiil..::: • t ..',;: i..'3. . , • ...3.?::.,. , • , .,..:. . , 3- :'-',:';': 'N .... ,----,-, E.iF.:',,-;, Ai (4i) ' , _ WHEREAS, THE, OVE HAS'AiW3F/LE WTTWTHELZQUOR COMMISSI , 33---g•- •:',-,. ' APPLICATION 4N1DrBONAL__ _1844,_. I,4RED BY LAW WHICH HAS BEEN 'MIL 4-APPROYED ,. tThi--;,•:.'- -; ' r a•-"- A "-: AND..HAS-,--PAID IL - ES REQUIRED BY LAW. AS PROVIDED I MATHB, •EBRASKAiv, 3...-,:-. " '''''' 4 't, P.-7---;.;•71 . LIQUOR CONTROLL V.," r_•,,. '''''•:''''''''.'"------------:,,,..,=•,!-.:,- ': ;-)' i ,..;,- ,, •, :1 ,/;7 /,‘• R L,,:, L,,, t S ERSE PERIOD: 11/01/2007 - 1\--0 ,- /2008 ,, •-!.,? -%,.. \ ',--••' .4 -;3,..;• 3.31-,,,,-3i;f::•3 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 6 of 31 Section 5.2. Payment of Rent. Tenant agrees to pay the Base Rent as and when due, together with all adjustments and all other amounts required to be paid by Tenant under this Lease. In the event of nonpayment of any amounts due under this Lease, whether or not designated as rent, Landlord shall have all the rights and remedies provided in this Lease or by law for failure to pay rent. Section 5.3. Late Charge. In the event Tenant fails to make any Rent or Additional Rent payment within five (5) days of its due date, Tenant shall pay Landlord a late charge of five percent (5%) of the amount due per month in addition to Rent as Additional Rent. In addition, such unpaid amounts shall bear interest at the rate of Two Percent (2%) per annum over the prime rate for unsecured commercial loans then being charged by the First National Bank of Omaha. Interest shall be charged from the due date to the date of the Landlord's receipt of payment. The late charge shall be an addition to and not a substitute for the legal rate of interest which may be assessed pursuant to any judgment obtained in a court of law for nonpayment of rent. Tenants covenant to pay rent shall be independent of the Landlord's covenants and agreements of this Lease and rental shall not be subject to abatement, set off, or deduction for any cause except as specifically provided for herein. Failure to pay late charge shall be deemed to be a failure to pay the Rent and shall entitle Landlord to exercise all remedies and , recourses available to it under the Lease,and under applicable law, or otherwise, for nonpayment of . Rent. A service charge in the amount of$50.00 will be due and payable on any check tendered by or on behalf of Tenant not paid by the bank when presented, for whatever reason. Section 5.4. Security Deposit. As partial consideration for the execution of this Lease, Tenant has delivered to Landlord the sum set forth as a Fundamental Lease Provision in Article I, subparagraph (o) as a Security Deposit. Landlord may, but is not required to, use, apply or retain all or any portion of deposit for the payment of any rent or other charge in default or for payment of any other sums for which Landlord may be obligated by reason of Tenant's default, or to compensate Landlord for any loss or damage which Landlord may suffer thereby. If Landlord uses or applies all or any portion of deposit, Tenant shall, within ten (10) days after written demand, deposit cash with Landlord an amount sufficient to restore deposit to the full amount hereinabove stated and Tenant's failure to do so shall be a material breach of this Lease. Tenant is not entitled to any interest upon deposit nor shall Landlord be required to segregate nor hold deposit separate from Landlord's general accounts, carrying such sum as a bookkeeping entry only. In the event that Tenant fully performs the covenants and provisions of this Lease, Landlord shall refund deposit or the unused balance, if any, to Tenant within thirty (30) days after Landlord's re-entry into possession of the Premises. Section 5.5. Tenant Fraction. That fraction whose numerator is the total number of square feet of floor space contained in the Premises and whose denominator is the total number of square feet of leasable floor space contained in all of the buildings in the Shopping Center (the "Tenant Fraction") may be adjusted in the event of addition or deletion to the Shopping Center. Section 5.6 Additional Rent. It is the purpose and intent of Landlord and Tenant that the return to Landlord under this Lease be absolutely "net", so that the share of all costs directly or indirectly attributable to the leased premises be the obligation of Tenant. ARTICLE VI REAL ESTATE TAXES AND ASSESSMENTS Section 6.1. Landlord agrees to pay, prior to delinquency, the general real estate taxes and installments of special taxes, assessments, or levies of any kind however denominated payable during the term of this Lease (collectively referred to in this paragraph as the "Taxes") on the land and improvements constituting the Shopping Center, provided that Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the taxes actually paid by Landlord during such 11/19/2007 RSE PERIOD: 11/01/2007 - 1\--0 ,- /2008 ,, •-!.,? -%,.. \ ',--••' .4 -;3,..;• 3.31-,,,,-3i;f::•3 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 7 of 31 calendar year, regardless of the tax period to which such Taxes relate (the "Tenant's Tax , Contribution"). Tenant Fraction is set forth as a Fundamental Lease Provision in Article I, subparagraph (q). If any portion of the Shopping Center is assessed for real estate tax purposes as a separate parcel and the Taxes on such separate parcel are payable by a tenant or owner other than Landlord, then such Taxes shall not be included in the Taxes for purposes of Tenant's Tax Contribution under this Article VI and in such event the denominator of Tenant Fraction for purposes of this Article shall be reduced by the number of square feet of leasable floor space contained in the building or buildings located on such separate parcel. Section 6.2. Tenant shall pay to Landlord, as additional rent, at the same time and in the same manner as provided for payment of Base Rent in Article V hereof, an amount equal to one-twelfth (1/12) of Tenant's estimated Tax Contribution for the current calendar year, as determined annually and communicated to Tenant in writing by Landlord. Within 60 days after the end of each Lease year, Tenant shall pay to Landlord any unpaid portion of Tenant's Tax Contribution for such calendar year or shall be entitled to a credit from Landlord for any excess Tax Contribution actually paid by Tenant for such calendar year. Tenant's Tax Contribution shall be prorated for any period which Tenant occupies the Premises for only part of the calendar-year. Tenant's estimated Tax Contribution for the first calendar year is set forth as a Fundamental Lease Provision in Article I, subparagraph (m). Tenant agrees to pay when due all property taxes of any kind which during the term of this Lease may be assessed against any personal property, fixtures, or leasehold improvements of Tenant at any time located in or about the Premises, as well as any increase in the Taxes resulting from any improvements or alterations made to the Premises by Tenant pursuant to Article XII. ARTICLE VII FIRE AND EXTENDED COVERAGE Section 7.1. Landlord agrees to purchase and maintain during the term of this Lease fire insurance with an extended coverage endorsement, including, but not limited to, windstorm and tornado damage of the Shopping Center including the Premises, with a responsible insurance company or companies authorized to do business in the State of Nebraska. Such insurance shall be obtained in the amount of the replacement value of the Shopping Center excluding trade fixtures. Landlord at all times during the term of this Lease and any other period of occupancy of the Premises by Tenant shall obtain and keeping force with respect to the Common Areas general public liability insurance in form customarily written for the protection of owners, landlords, and tenants of real estate, which insurance shall provide coverage for both the Landlord and the Tenant of not less than $2,000,000.00 for each occurrence of bodily injury or property damage. Landlord further agrees at all times during the term of this Lease and any other period of occupancy of the Premises by Tenant to maintain and keep in force with respect to the Shopping Center (i) an all-risk form of replacement value insurance against physical loss or damage on at least an eighty percent (80%) co-insurance basis and (ii) insurance against loss of rents. All such policies shall provide that no cancellation, termination or any material modification shall be effective except on ten (10) days prior written notice to Landlord, and,.if applicable, said mortgagee. Certificated evidencing insurance shall be delivered to Landlord upon the lease commencement date and each anniversary date. Section 7.2. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the premiums actually paid by Landlord for the insurance coverage referred to in Section 7.1 (the "Tenant's Insurance Contribution"). Tenant Fraction is set forth as a Fundamental Lease Provision in Article I, subparagraph (q). If any building in the Shopping Center is separately insured against physical loss or damage and the premiums for such separate insurance are payable by a tenant or owner other than Landlord, then such insurance premiums shall not be included in the premiums upon which Tenant's Insurance Contribution is based and in such event the denominator of Tenant Fraction for 11/19/2007 p..a., •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 8 of 31 purposes of allocation of casualty insurance shall be reduced by the number of square feet of - leasable floor space contained in the building or buildings which are covered by such separate insurance. Section 7.3. Tenant shall pay to Landlord, as additional rent, at the same time and in the same manner as provided for payment of Base Rent in Article V hereof, an amount equal to one-twelfth (1/12) of Tenant's estimated Insurance Contribution for such calendar year as determined annually and communicated to Tenant in writing by Landlord. Within 60 days after the end of each calendar year, Tenant shall pay to Landlord any unpaid portion of its actual Insurance Contribution for such calendar year or shall be entitled to a credit from Landlord for any excess Insurance Contribution actually paid by Tenant for such calendar year. Tenant's estimated Insurance Contribution for the first calendar year is set forth as the Fundamental Lease Provision in Article I, subparagraph(1). Tenant's Insurance Contribution shall be prorated for any period which Tenant occupies the Premises for only part of the calendar year. Section 7.4 Notwithstanding anything in this Lease to the contrary, it is agreed that each party (the "Releasing Party") hereby releases the other (the "Released Party") from any liability or _ responsibility (to the„Releasing Party.or..-anyone claiming through or,under:.the Releasing..Party by. way of subrogation or otherwise) which the Released Party would, but for this Section have had to the Releasing Party during the term of this Lease resulting from the occurrence of any accident or occurrence or casualty (i)which is or would be covered by a fire and extended coverage policy (with a vandalism and malicious mischief endorsement attached) or by sprinkler leakage, boiler and machinery or water damage policy in the State of Nebraska (irrespective of whether such coverage is being carried by the Releasing Party), or (ii) covered by any other casualty or property damage insurance being carried by the Releasing Party at the time of such occurrence, even if such casualty resulted in whole or in part from any act or neglect of the Released Party, its partners, officers, agents or employees; provided, however, that the releases,herein contained shall not apply to any loss or damage occasioned by the willful, wanton or premeditated action or omission of the Released Party. Each party shall have its property insurance policies properly endorsed, if necessary, to prevent invalidation of such property insurance coverages by reason of the waivers contained in this paragraph. Each party will be responsible for the deductible or self-insured retention under its property insurance policy. Section 7.5 Waiver of Subrogation; Landlord and Tenant agree that if the interests on which they have obtained insurance is damaged or destroyed during the term of this Lease by a peril insurable under a standard fire and extended coverage policy, whether or not damage or destruction was caused by the neglect of the other party, neither party shall have any liability to the other or to any insurer of the other for such damage or destruction to the extent covered by such insurance. Each party shall require all policies of material damage insurance carried by such party during the term of this Lease to be endorsed with a provision in and by which the insurer designated therein waives its right of subrogation against the other. The waiver of subrogation required shall extend only to the risks insured by the policies required. Each party shall pay its own costs, if any, of securing such an endorsement, and, if not so paid,that party shall lose the benefit obtained for it of any waiver of subrogation. ARTICLE VIII COMMON AREA CHARGES Section 8.1. Except as otherwise provided in this Lease, Landlord shall operate and maintain the Common Areas during the term of this Lease in good order and repair in accordance with reasonable standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 9 of 31 maintaining the Common Areas (the "Tenant's Common Area Charge"). Tenant Fraction is set ' forth as a Fundamental Lease Provision in Article I, subparagraph(q). Section 8.2. Tenant shall pay to Landlord, as additional rent, at the same time and in the same manner as provided for payment of Base Rent in Section 5.1 hereof, an amount equal to one-twelfth (1/12) of Tenant's estimated Common Areas Charge for the current calendar year, as determined annually and communicated to Tenant in writing by Landlord. Tenant's estimated Common Areas Charge for the first calendar year is set forth as a Fundamental Lease .Provision in Article I, subparagraph(k). Within 60 days after the end of each calendar year, Tenant shall pay to Landlord any unpaid portion of its actual Common Areas Charge for such calendar year or shall be entitled to a credit from Landlord for any excess Common Areas Charge actually paid by Tenant for such calendar year. If Tenant shall occupy the Premises only during part of a calendar year, Tenant's Common Areas Charge for such partial calendar year shall be prorated for such partial calendar year. Landlord may change the amount to be paid by Tenant at any time upon written notice to Tenant. Landlord agrees to furnish Tenant within a reasonable amount of time after the end of each calendar year, with a detailed breakdown of all Common Area Charges for the Shopping Center and Tenant's proportionate share thereof.. Landlord shall also furnish.Tenant,;from time to time, with such information substantiating.the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time from time to time upon request, during normal business hours, at its expense, to audit Landlord's books and records concerning such charges. Section 8.3. The costs of operating and maintaining Common Areas shall include, but not be limited to, lighting, electricity, heating and air conditioning for any enclosed portions of the Common Areas; professional property management services; water; cleaning, sweeping and other janitorial services; trash removal and maintenance of refuse receptacles; snow and ice removal; pollution control; repairing, repainting and restripping the parking lot; landscaping of all outdoor common areas and landscape maintenance; sewer charges; maintaining markers and signs; seasonal holiday decorations; music to common areas; removing trash from the common areas; maintenance, roof repairs; wages, payroll taxes, worker's compensation insurance and other benefits paid to, or on behalf of, employees; parking lot liability insurance; licenses and permit fees; policing and security services; fire protection; traffic direction; repairs, replacements, depreciation and maintenance of equipment or rent paid for leasing such equipment; maintenance supplies; personal property taxes; and other everyday maintenance expenses. ARTICLE IX CONTROL OF COMMON AREAS BY LANDLORD Landlord reserves the following rights with respect to the common areas of the Shopping Center, and Tenant agrees to abide by all such rules and regulations: (a) to establish reasonable rules and regulations for the use of the common areas, including,without limitation, the delivery of goods and the disposal of trash; (b) to use or permit the nonexclusive use of the common areas by others to whom Landlord may grant or have granted such reasonable rights in such manner as Landlord may, from time to time, reasonably designate, including, but not limited to, sales and special promotional events; (c) to temporarily close all or any portion of the common areas, to make major repairs (Landlord to give two (2) weeks notice) or changes in accordance with this Lease, to prevent a dedication of the common areas or the accrual of any rights to any person or to the 11/19/2007 . ommon Areas during the term of this Lease in good order and repair in accordance with reasonable standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 10 of 31 public; (d) to change the layout of such common areas, including the right to add to or subtract from their shape and size, whether by the addition of building improvements or otherwise; provided, however, that in all events, such construction or change shall not obstruct or materially and adversely change the ingress or egress to the Premises, impair the visibility of the Premises or otherwise unreasonably interfere with Tenant's use and enjoyment of the Premises; (e) to enter into operating, maintenance or similar agreements with respect to the common areas; and (f) to do such other acts in and to the common areas as in Landlord's reasonable judgment may be desirable; provided, however, that such rights shall be exercised in such manner as not to unreasonably interfere with Tenant's conduct of its business in the Premises. (g) under no circumstances, may Tenant or Tenant's employees or invitees park or store any unlicensed,vehicles or junk cars on the premises. Landlord.further_enforces.that.Tenant and Tenant's employees or invitees are prohibited from storing or parking any other type of vehicle, boat, or trailer on the premises that is not affiliated with the employer's business. ARTICLE X UTILITIES Effective upon Tenants Occupancy of the Premises, or the Lease Commencement Date, whichever is the earlier; Tenant shall contract, in its own name, and pay when due all charges for connection or use of water, gas, electricity, telephone, garbage collection, sewer use and other utility services supplied to the Premises during the term of this Lease. If utility charges cannot be separately metered or separately determined, Tenant agrees to pay its prorate share as defined in Article VIII, of this lease. Landlord reserves the right to stop the service of any or all utilities hereinafter described when, in Landlord's reasonable discretion, stoppage is necessitated by reason of accident, repairs, inspections, alterations, or improvements, until any of the same have been completed. Under no circumstances shall Landlord be responsible for any interruption of any utility service. • ARTICLE XI CONSTRUCTION AND ACCEPTANCE OF PREMISES Landlord shall deliver to Tenant possession of the Premises when they are ready for occupancy. The term "Ready for Occupancy" shall mean that Landlord's work to the Premises has been substantially completed to the extent reasonably necessary for commencement of any work required by Tenant with only (i) minor portions of Landlord's work or (ii) any portion of Landlord's work, which is dependent upon the progress or completion of Tenant's work, remaining to be accomplished. All construction or improvements by Tenant (the "Tenant's Work") must be approved by Landlord in writing prior to commencement of construction. Landlord shall notify Tenant of the date on which the Premises are Ready for Occupancy, and thereon Tenant shall accept delivery of the Premises, enter upon them, promptly and diligently install its furniture, fixtures and equipment and perform Tenant's Work contemporaneously with Landlord's remaining work, if any. Landlord shall not be responsible nor have any liability whatsoever at any time for loss or 11/19/2007 ash; (b) to use or permit the nonexclusive use of the common areas by others to whom Landlord may grant or have granted such reasonable rights in such manner as Landlord may, from time to time, reasonably designate, including, but not limited to, sales and special promotional events; (c) to temporarily close all or any portion of the common areas, to make major repairs (Landlord to give two (2) weeks notice) or changes in accordance with this Lease, to prevent a dedication of the common areas or the accrual of any rights to any person or to the 11/19/2007 . ommon Areas during the term of this Lease in good order and repair in accordance with reasonable standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 11 of 31 damage to Tenant's Work or to fixtures, equipment or other property of Tenant installed or - placed by Tenant on the Premises, except when caused by Landlord's gross negligence or intentional misconduct. Any occupancy by Tenant prior to the Commencement Date, even though Base Rent free, shall in all other respects be subject to this Lease. By occupying the Premises as a Tenant or to complete Tenant's Work and install fixtures, facilities or equipment, Tenant shall be deemed conclusively to have accepted the same and to have acknowledged that the Premises are in an acceptable condition, except as to incomplete or defective items of Landlord's work then specified in writing by Tenant. Landlord shall have a reasonable time following such notification within which to correct same. In no event shall Landlord be liable to Tenant for latent defects. In the event of any dispute, the certificate of Landlord's architect or engineer shall be conclusive that the Premises are in condition required by this Lease and are "Ready for Occupancy." ARTICLE XII ALTERATIONS Section 12.1. Tenant shall not, without Landlord's prior written consent which will not be _unreasonably withheld, either make, or cause_to be made, any alterations, additions or improvements in or to the Premises or any part thereof (structural or otherwise), including, but not limited to, the foundations, the roof and any signs, shades or awnings located outside of the Premises. Section 12.2. Tenant shall promptly pay its contractors, subcontractors and materialmen for all work done or performed at the Premises by or on behalf of Tenant, so as to prevent the assertion or imposition of any lien or claim upon or against the Shopping Center, the Premises or Landlord and should any such lien or claim be asserted or filed, Tenant shall bond against or discharge the same within 10 days after Tenant receives notice thereof. Landlord may satisfy and remove any such lien or claim by paying the full amount claimed or otherwise, without investigating the validity thereof, if Tenant fails to comply with the foregoing provision. Tenant shall reimburse Landlord, including Landlord's reasonable attorneys' fees, costs and expenses, together with interest at the rate of 15% per annum from the date of Landlord's payment until repaid by Tenant. In no event shall Tenant have any authority whatsoever to enter into any agreement on behalf of Landlord which could result in the imposition of any lien or claim against the Premises or the Shopping Center. Section 12.3. All alterations, additions, improvements, and fixtures including, but not by way of limitation, lighting, fixtures, ducts, controls, diffusers, filters or other equipment for distribution of heating and cooling and other personal property which may be made or installed by, for and on behalf of the Tenant, upon the leased premises, and which in any manner are attached to the floors, walls or ceilings, with the exception of trade fixtures, become the property of the Landlord at the termination of this Lease and remain upon and be surrendered with the leased premises as a part thereof, without disturbance, molestation or injury. During the term of the lease, tenant shall not remove or damage the above described improvements and fixtures without the written consent of the Landlord. ARTICLE XIII EXTERIOR SIGN SPECIFICATIONS Tenant shall not erect or install any type of storefront, and exterior or interior window or door signs, or other types of sings or placards, or place or utilize in the storefront area without first having obtained the prior written consent and approval of Landlord. Tenant shall at all times conform to Sign Specifications outlined in Exhibit D. Tenant shall pay all costs of causing its signs to be erected, maintained and removed. ARTICLE XIV 11/19/2007 . ommon Areas during the term of this Lease in good order and repair in accordance with reasonable standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 12 of 31 ASSIGNMENT OR SUBLEASE • Tenant shall not assign this Lease or sublet the whole or any part of the Premises, transfer this Lease by operation of law or otherwise or permit any other person except agents and employees of Tenant to occupy the Premises, or any part thereof, without the prior written consent of Landlord. Landlord may consider the following in determining whether to withhold consent: (a) financial • responsibility of the new tenant, (b) identity and business character of the new tenant and (c) nature and legality of the proposed use of the Premises. Landlord shall have thirty (30) days from the date of receipt of written request of Tenant in which to determine whether or not Tenant's request be granted. Any subleases of the leased premises executed by Tenant shall incorporate this Lease in its entirety and be subject to its terms. The sublease also requires the sublessee to attorn to Landlord at Landlord's option in the event of default by Tenant under the terms of the underlying Lease, and Tenant grants Landlord the irrevocable power of attorney to effect the same. Consent by Landlord to one or more assignments of the Lease or to one or more sublettings of the leased premises shall not operate as a waiver of Landlord's rights under this Article XIV as to subsequent assignments or subletting, nor release Tenant or and guarantor of Tenant of any of its obligations under this Lease, nor be construed or taken as a waiver of any Landlord's rights or remedies under this Lease. Landlord shall have the right to assign its interest under this Lease or the rent reserved hereunder. No interest in this Lease shall pass to any trustee or receiver in bankruptcy, to any estate of the Tenant, to any assignee of the Tenant for the benefit of creditors, or to any other party by operation of law or otherwise without Landlord's consent. No consent to assignment or subletting shall be granted if Tenant is in default under this Lease. Landlord shall receive all increases in base rents paid by assignee or subleasee. Tenant shall no share to any extent in such rents. ARTICLE XV REPAIRS Landlord agrees to maintain in good condition and repair as necessary the foundations, roof, exterior portions of the outside walls, gutters and downspouts of the Shopping Center, which shall be maintained by Landlord. Tenant agrees that it will make, at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord, including, but not limited to, all interior and exterior doors, door frames, windows, plate glass and the heating, air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration and painting required by it during the term of the Lease at its own cost and expense, to pay for any repairs to the Premises or the Shopping Center made necessary by any negligence or willful act of Tenant or any of its officers, invitees, servants, agents or employees, and to maintain the Premises in a safe, clean, neat and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury or loss of business arising from the making of any repairs by Landlord, Tenant or other tenants to the Premises or the Shopping Center, regardless of under which Article of this Lease such repairs are made. In the event of an emergency or in the event Tenant fails within a reasonably practicable time period after written notice from Landlord as to the need for such repairs to make such repairs for which Tenant is responsible under this Lease, Landlord may make such repairs and, upon completion thereof, Tenant shall forthwith pay, as additional rent, Landlord's actual and reasonable costs for making such repairs or replacements, together with interest upon such sums as shall be advanced by Landlord from the date of advancement at the rate of 15% per annum until reimbursed by Tenant. ARTICLE XVI 11/19/2007 standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 13 of 31 • CONDITION OF PREMISES Except as provided herein, Tenant agrees that no promises, representations, statements or warranties have been made on behalf of Landlord to Tenant respecting the condition of the Premises or the manner of operating the buildings or the making of any repairs to the Premises. Tenant shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Tenant's property in accordance with Article XXVII below and surrender the Premises to Landlord in as good condition as when Tenant took possession, normal wear excepted. ARTICLE XVII PERSONAL PROPERTY AT RISK OF TENANT All personal property and trade fixtures in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for any damage to any property or trade fixtures of Tenant or its agents or employees in the Premises caused by any casualty, steam, electricity, sewage, gas or odors or from water, rain or snow which may leak into, issue or flow into the Premises from any part of the Shopping . . Center or from any other place, or for any damage done to Tenant's property in moving same.to or from. the Shopping Center'or the Premises. Tenant shall give Landlord or its agents, prompt written notice of any damage to or defects in water pipes, sewer, electrical, gas or warming or cooling apparatus in the Premises. ARTICLE XVIII LANDLORD'S RESERVED RIGHTS Without notice to Tenant, without liability to Tenant for damage or injury to property, person or business and without effecting an eviction of Tenant or a disturbance of Tenant's use or giving rise to any claim for set of or abatement of rent, Landlord and its agents shall have the right to: (a) change the name or street address of the Shopping Center; (b) install and maintain signs on the Shopping Center; (c) have access to all mail chutes according to the rules of the United States Post Office Department; (d) at reasonable times, to decorate and to make, at its own expense, repairs, alterations, additions and improvements, structural or otherwise, in or to the Premises (provided that the same do not impair Tenant's improvements to the premises), the Shopping Center or part thereof, and any adjacent building, land, street or alley, and during such operations to take into and through the Premises or any part of the Shopping Center all materials required, and to temporarily close or suspend operation of entrances, doors, corridors or other facilities to do so; (e) possess passkeys to the Premises; (f) show the Premises to prospective Tenants at reasonable times during the six—month period prior to expiration of the term of this Lease and exhibit "For Rent" signs thereon; and (g) take any and all reasonable measures, including inspections or the making of repairs, alterations and additions and improvements to the Premises or to, the Shopping Center, which Landlord deems necessary or desirable for the safety, protection, operation or preservation 11/19/2007 es in a safe, clean, neat and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury or loss of business arising from the making of any repairs by Landlord, Tenant or other tenants to the Premises or the Shopping Center, regardless of under which Article of this Lease such repairs are made. In the event of an emergency or in the event Tenant fails within a reasonably practicable time period after written notice from Landlord as to the need for such repairs to make such repairs for which Tenant is responsible under this Lease, Landlord may make such repairs and, upon completion thereof, Tenant shall forthwith pay, as additional rent, Landlord's actual and reasonable costs for making such repairs or replacements, together with interest upon such sums as shall be advanced by Landlord from the date of advancement at the rate of 15% per annum until reimbursed by Tenant. ARTICLE XVI 11/19/2007 standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 14 of 31 of the Premises or the Shopping Center. (h) sale the property. In the event of any sale of the leased premises, or real property of which the leased premises are a part, by Landlord, including sales by foreclosure or a deed in lieu thereof, Landlord shall be entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this lease arising out of any act or omission occurring after the consummation of sale or lease; and the purchaser or lessee, during the period of its ownership or lease term, be deemed without any further agreement between the v assumed and agreed to carryout anyand all of the covenants and obligations of parties to have g g Landlord under this Lease. All subsequent purchasers or lessors shall similarly be freed and relieved of all liability hereunder subsequent to the date of sale or lease by them. In the event of any sale or lease, the Tenant agrees to attorn to and become the Tenant of Landlord's successor- in-interest. ARTICLE XIX ACCESS BY LANDLORD Landlord or Landlord's agents shall have the right to enter the Premises at all reasonable times upon reasonable advance notice to Tenant (except in cases of emergency) to examine the same and to show them to prospective purchasers and to make such repairs, alterations, improvements or additions as permitted under this Lease, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business. ARTICLE XX INSURANCE Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Shopping Center or increase the risks covered by insurance on the Shopping Center or necessitate additional insurance premiums or polices of insurance, even if such use may be in furtherance of Tenant's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant, Landlord shall have the right to terminate this Lease or, at Landlord's option, to charge Tenant for extra insurance premiums required on the Shopping Center on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery from the other for any loss or damage to any of its roe insured under valid and collectible insurance policies to the extent of any recovery property rtY permitted nbyapplicable under such policies. •However, this waiver shall apply only when policies of insurance. ARTICLE XXI INDEMNITY Tenant shall indemnify,hold harmless and defend Landlord from and against, and Landlord shall not be liable to Tenant on account of, any and all costs, expenses, liabilities, losses, damages, suits, actions, fines, penalties, demands or claims of any kind, including reasonable attorneys' fees, asserted by or on behalf of any person, entity or governmental authority arising out of or in any way connected with (a) a failure by Tenant to perform any of the agreements, terms or conditions of this Lease required to be performed by Tenant; (b) a failure by Tenant to comply with any laws, statutes, ordinances, regulations or orders of any governmental authority; (c) any accident, death or personal injury, or damage to or loss or theft of property which shall occur on or about the Premises or the Shopping Center, except as the same may be the result of the gross negligence or intentional misconduct of Landlord, its employees or • agents; or any risks associated with any so-called "dramshop" liability. 11/19/2007 dlord's actual and reasonable costs for making such repairs or replacements, together with interest upon such sums as shall be advanced by Landlord from the date of advancement at the rate of 15% per annum until reimbursed by Tenant. ARTICLE XVI 11/19/2007 standards of shopping center cleanliness and maintenance, provided that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 15 of 31 Except for losses paid by insurance in which Tenant has waived the right of subrogation, Landlord shall indemnify and hold Tenant harmless from any liability for damages (including reasonable attorney's fees) arising out of negligence of the Landlord. However, Landlord shall not be responsible to the Tenant, nor be required to hold Tenant harmless from any loss or damage which may be occasioned by or through the acts or omissions of persons occupying portions of the Shopping Center other than the leased premises, and Landlord shall not be held liable hereunder with respect to the repair or maintenance of any portions of the leased premises required to be repaired or maintained by Landlord unless the Landlord neglects to make repairs or perform maintenance after due notice in writing and reasonable opportunity to correct the same. In addition, and notwithstanding the indemnity given hereunder, Tenant shall not hold or attempt to hold Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by fire, water, or any repairs or alterations to the leased premises or otherwise; or for any injury or damage occasioned by defective wiring, breakage, or stoppage of plumbing or sewage upon the leased premises whether said breakage or stoppage results from freezing or otherwise. All property kept, stored, or maintained in the leased premises shall be so kept, stored, or maintained at the risk of Tenant only. ARTICLE XXII LIABILITY INSURANCE Tenant agrees to procure and maintain continuously during the term of this Lease, a policy or policies of insurance in a company or companies acceptable to Landlord, at Tenant's own cost and expense, insuring Landlord and Tenant from all claims, demands or actions; such comprehensive insurance shall protect and name Tenant as the Insured and shall provide coverage of at least $2,000,000 for injuries to any one person, $2,000,000 for injuries to persons in any one accident and $2,000,000 for damage to property, made by or on behalf of any person or persons, firm or corporation arising from, related to or connected with the conduct and operation of Tenant's business in the Premises, or arising out of and connected with the use and occupancy of sidewalks and other common areas by Tenant. All such insurance shall provide that Landlord shall be given a minimum of 10 days' notice by the insurance company prior to cancellation, termination or change of such insurance. Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance is in full force and effect and stating the terms and provisions thereof. If Tenant fails to comply with such requirements for insurance, Landlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Tenant agrees to pay Landlord, upon demand, the premium cost thereof. The policy limits of any such insurance shall not, however, limit the liability of Tenant thereunder. ARTICLE XXIII DAMAGE BY FIRE OR OTHER CASUALTY If, during the term of this Lease, the Premises shall be so damaged by fire or any other cause except Tenant's gross negligence or intentional act so as to render the Premises untenantable, the Base Rent shall be abated while the Premises remain untenantable and, in the event of such damage, Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within 60 days after such damage. In the event Landlord elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises, this Lease shall be deemed canceled as of the date of the damage and Base Rent and all other prorated charges will be prorated to such date. If the extent of damage is not so great so as to render the Premises untenantable, the Premises will be promptly repaired and the Base Rent will not be abated in whole or in part. ARTICLE XXIV 11/19/2007 d that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 16 of 31 CONDEMNATION If the whole or any part of the Premises shall be taken by public authority under the power of eminent domain, then the term of this Lease shall cease on that portion of the Premises so taken from the date of possession, and the Base Rent shall be paid to that date, with a•proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises taken is such that it prevents the practical use of the Premises for Tenant's purposes, then Tenant shall have the right either (a) to terminate this Lease by giving written notice of such termination to Landlord not later than 30 days after the taking or (b)to continue in possession of the remainder of the Premises, except that the Base Rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises, in whole or in part, the entire resulting award of damages shall be the exclusive property of Landlord, including all damages awarded as compensation for diminution in value to the leasehold, without any deduction for the value of any unexpired term of this Lease or for any other estate or interest in the Premises now or hereafter vested in Tenant. If a part of the parking area of the Shopping Center is acquired or condemned by eminent domain for any public or quasi-public use or purpose, no rights under this Lease shall.be affected if the remaining number of parking spaces satisfies the requirements of applicable governmental authorities. If the remaining number of parking spaces do not conform, Landlord may, at its election, take immediate steps to provide substitute additional parking facilities within a reasonable distance from the building to allow parking space ratios sufficient to satisfy applicable governmental authorities. If Landlord fails to provide additional parking spaces, Tenant shall have the right to terminate this Lease by giving written notice to Landlord or to continue in possession of the leased premises pursuant to the terms hereof. ARTICLE XXV DEFAULT OR BREACH Each of the following events shall constitute a default or a breach of this Lease by'Tenant: (a) if Tenant fails to pay Landlord any Base Rent or any other amounts required to be paid by Tenant when due hereunder; (b) if Tenant vacates or abandons the Premises or ceases to continually use the Premises for the purposes stated in Article IV above; (c) if Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act or voluntarily takes advantage of any such act by answer or otherwise or makes an assignment for the benefit of creditors; (d) if involuntarily proceedings under any bankruptcy or insolvency act shall be instituted against Tenant, or if a receiver or trustee shall be appointed of all or substantially of the property of Tenant, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within 30 days after the institution or appointment; or (e) if Tenant fails to perform or comply with any other term or condition of this Lease and if such nonperformance shall continue for a period of 3 days after written notice thereof by Landlord to Tenant, time being of the essence. Notwithstanding the foregoing, Landlord need not give Tenant an opportunity to cure said any event of default, if a similar type 11/19/2007 fy Tenant in writing of its election within 60 days after such damage. In the event Landlord elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises, this Lease shall be deemed canceled as of the date of the damage and Base Rent and all other prorated charges will be prorated to such date. If the extent of damage is not so great so as to render the Premises untenantable, the Premises will be promptly repaired and the Base Rent will not be abated in whole or in part. ARTICLE XXIV 11/19/2007 d that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 17 of 31 of default shall have occurred within the preceding twelve (12) month period of time. ARTICLE XXVI EFFECT OF DEFAULT In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may exert any one or more of the following rights: (a) Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord, at the risk and expense of Tenant; (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Landlord's retaking will not terminate this Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Premises, all costs of re-renting and the difference between the rent due for the balance of the Lease term, as though the Lease had not been terminated, and the reasonable rental value of the Premises, which sum shall be immediately due Landlord from Tenant; (c) Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may choose. In connection with any reletting, Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease, Tenant shall be liable for all expenses of the reletting, for any alterations and repairs made and for the rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease from reletting the Premises or any part thereof ARTICLE XXVII SURRENDER; HOLDING OVER Upon termination of this Lease, whether by expiration of the Lease term or otherwise, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto, clean and in good condition and repair, reasonable wear and tear excepted and damage for casualty, eminent domain or negligence or willful act of Landlord, its office, agents, employees, servants or invitees. Tenant shall remove all its trade fixtures and any of its other business equipment and personal property not required to be surrendered to Landlord before surrendering the Premises as aforesaid, and shall repair any damage to the Premises caused thereby. Any property of Tenant not removed by the end of the Lease term shall be deemed abandoned by Tenant and may be disposed of by Landlord without any obligation to account to Tenant therefore. If the Premises are not promptly surrendered upon termination of this Lease as hereinabove set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation,claims made by the succeeding Tenant founded on such delay, and lost rentals and prorate charges. Tenant's obligation to. observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. If Tenant remains in possession after termination of this`Lease without a written Lease, Tenant shall be deemed a trespasser. If Tenant pays and Landlord accepts Base Rent for a period after 11/19/2007 or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises, this Lease shall be deemed canceled as of the date of the damage and Base Rent and all other prorated charges will be prorated to such date. If the extent of damage is not so great so as to render the Premises untenantable, the Premises will be promptly repaired and the Base Rent will not be abated in whole or in part. ARTICLE XXIV 11/19/2007 d that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 18 of 31 termination, Tenant shall be deemed to be occupying the Premises only as a tenant from month to month, subject to all of the other terms and provisions of this Lease, except that the monthly Base Rent will be twice the monthly Base Rent in effect immediately prior to the termination. ARTICLE XXVIII SUBORDINATION AND ATTORNMENT • Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease, and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Shopping Center or any part thereof, and Tenant agrees to execute, acknowledge and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. Tenant further agrees to execute any estoppel certificate which may be required by any lender of Landlord or mortgage holder on the Shopping Center. In the event any proceedings are brought for the foreclosure of any mortgage on,the Premises, Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser as Landlord under this Lease. The purchaser, by virtue of such foreclosure, shall be deemed to have assumed, as substitute Landlord, the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption, however, shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new Lease upon the same terms and conditions contained herein confirming the foregoing, as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. ARTICLE XXIX NOTICES Any notice given hereunder shall be given in writing and sent by personal delivery or by registered or certified mail return receipt to Landlord at the address set forth as a Fundamental Lease Provision in Article I, subparagraph (b) and to Tenant at the address set forth as a Fundamental Lease Provision in Article I, subparagraph (d) or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United States mail in the manner prescribed herein. ARTICLE XXX RULES AND REGULATIONS Tenant and Tenant's agents, employees and invitees shall fully comply with all rules and regulations of the Shopping Center, as amended from time to time, which are made a part of this Lease as if fully set forth herein. Landlord shall have the right to adopt and to amend such rules and regulations as Landlord deems necessary or desirable for the safety, care, cleanliness or proper operation of the Premises and the Shopping Center. - Tenant agrees as follows: (a) The delivery or shipping of goods, merchandise, supplies and fixtures to and from 11/19/2007 the expiration or other termination of the term of this Lease. If Tenant remains in possession after termination of this`Lease without a written Lease, Tenant shall be deemed a trespasser. If Tenant pays and Landlord accepts Base Rent for a period after 11/19/2007 or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises, this Lease shall be deemed canceled as of the date of the damage and Base Rent and all other prorated charges will be prorated to such date. If the extent of damage is not so great so as to render the Premises untenantable, the Premises will be promptly repaired and the Base Rent will not be abated in whole or in part. ARTICLE XXIV 11/19/2007 d that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 19 of 31 the Premises shall be subject to such reasonable rules and regulations as in the judgement of Landlord are necessary for the proper operation of the Shopping Center. (b) No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside the Premises, without the prior written consent of Landlord which may be withheld in Landlord's sole discretion. (c) Tenant shall not place or permit any obstructions or merchandise in the outside or common areas immediately adjoining the Premises or other common facilities, and shall not use such areas for business purposes other than for ingress and egress. (d) Tenant shall have full responsibility for protecting the Premises and the property located therein from theft and robbery. (e) Tenant shall not permit on the Premises any act or practice which is unlawful, immoral or which might injure the reputation of the Shopping Center. (f) Tenant and Tenant's employees and agents shall not solicit business in the parking or other common areas, nor shall Tenant distribute or place handbills or other advertising matter in or on automobiles parked in the parking areas or other common areas. (g) Tenant shall keep the Premises free and clear of rodents, bugs and vermin, and Tenant shall use, at its cost and at such intervals as Landlord shall reasonably require, a reputable pest extermination contractor to provide extermination services in the Premises. (h) Tenant shall not burn any trash, rubbish or garbage in or about the Premises or the Shopping Center. (i) Tenant shall not commit any waste upon the leased premises or overload the floors thereof; to keep the leased premises well lighted, and in a neat and clean condition; not to conduct any auction, fire, bankruptcy, liquidation sale, and to operate its business continuously during the term of the lease unless prevented by doing so by governmental regulations or acts of God. ARTICLE XXXI NET LEASE This Lease is a net lease, and the parties agree and understand that Tenant shall pay Tenant's proportionate share of the Taxes, insurance, Common Area Charges and all other expenses as described in this Lease. ARTICLE Van MISCELLANEOUS Section 32.1. BINDING ON ASSIGNS. All terms, conditions and agreements of this Lease shall be binding upon, apply and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. Section 32.2. AMENDMENT IN WRITING. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement signed by Landlord and Tenant. Section 32.3. NONWAIVER. The failure of Landlord to insist upon strict performance of any 11/19/2007 , which are made a part of this Lease as if fully set forth herein. Landlord shall have the right to adopt and to amend such rules and regulations as Landlord deems necessary or desirable for the safety, care, cleanliness or proper operation of the Premises and the Shopping Center. - Tenant agrees as follows: (a) The delivery or shipping of goods, merchandise, supplies and fixtures to and from 11/19/2007 the expiration or other termination of the term of this Lease. If Tenant remains in possession after termination of this`Lease without a written Lease, Tenant shall be deemed a trespasser. If Tenant pays and Landlord accepts Base Rent for a period after 11/19/2007 or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises, this Lease shall be deemed canceled as of the date of the damage and Base Rent and all other prorated charges will be prorated to such date. If the extent of damage is not so great so as to render the Premises untenantable, the Premises will be promptly repaired and the Base Rent will not be abated in whole or in part. ARTICLE XXIV 11/19/2007 d that Tenant at its expense shall keep the Common Areas free of litter, trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and 11/19/2007 •C) . UNLESS SOONER REVOXED,`SgREST TO THE IPROVI,PAD11„. 'OF SAID ACT MID till:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 20 of 31 of the terms, conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. Section 32.4. NO SURRENDER. No surrender of the Premises by Tenant shall be effected by Landlord's acceptance of the keys to the Premises or of the rent or any other sums due hereunder, or by any other means whatsoever, without Landlord's written acknowledgment that such acceptance constitutes a surrender. Section 32.5. CAPTIONS. The captions of the various paragraphs in this Lease are for convenience only and do not define, limit, describe or construe the contents of such paragraphs. Section 32.6. APPLICABLE LAW. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. Section 32.7 LIENS. The Tenant shall not permit mechanics', materialmen's, or other liens against the Shopping Center in connection with any labor, materials, equipment, or services furnished, or claimed to have been furnished. If any such lien is filed against the Shopping Center, Tenant shall cause it to be discharged, at its sole cost and expense, provided, however,, that if Tenant desires to .- - - contest any such lien, it may do so, as long as the enforcement is stayed. In such event, Tenant shall, if necessary, post bond sufficient to satisfy the attorneys' fees of Landlord, and sign indemnity agreements in favor of the title insurer. Section 32.8 RELATIONSHIP OF PARTIES. Nothing contained herein shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or a partnership or joint venture between the parties hereto, nor any acts of the parties herein shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 32.9 REPRESENTATIONS. The Tenant acknowledges and agrees that it has not relied upon any statements, representations, agreements or warranties except as are expressed in this Lease. Section 32.10 AMENDMENTS OR MODIFICATIONS. No amendment or modification of this - Lease or any approvals or permissions of the Landlord required under this Lease shall be valid or binding unless reduced to writing and executed by the parties hereto in the same manner as the execution of this Lease. Section 32.11 GRAMMATICAL CHANGES, Wherever the words "Landlord" and "Tenant" are used in this Lease, they shall include "Landlords" and "Tenants" and shall apply to persons, both men and women, companies, partnerships and corporations. Wherever the words "mortgage" or "mortgages" are used herein the same shall be deemed to include a deed of trust or trust deed, and the word "lender" shall include a mortgagee of a mortgage or a beneficiary of a deed of trust or trust deed. All references to the term of this Lease shall include any extension of the term except as otherwise provided. All references to Tenant shall include Tenant's guarantors, assigns, or sublessees. All references to the singular shall include the plural, and vice versa. Section 32.12 SECTION HEADINGS_ The section headings are inserted herein only for convenience of reference and shall in no way define, limit or describe the scope or intent of any provisions of this Lease. Section 32.13 BINDING EFFECT_ The provisions of this Lease shall be binding upon, inure to the benefit of and apply to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Section 32.14 FORCE MAJEURE, Whenever a period of time is herein provided for either party to do or perform any act or thing, there shall be excluded from the computation of such period of time any delays due to strikes, riots, acts of God, shortages of labor or any cause or causes, whether or not similar to those enumerated, beyond the parties' reasonable control or the reasonable control of their agents, employees, and any contractor engaged by them to perform work in connection with this Lease. Section 32.15 PERSONAL PROPERTY TAXES_ Tenant shall pay before delinquency any personal property taxes attributed to the furniture, fixtures, merchandise, equipment, or other personal 11/19/2007 ill:k. SUCH RULES'''AND,. REGU LAT I ONS At-eltAYrtim!pigtm-,1/4cirt MAY HEREAF/ARAIE ,- --. • PROMULGATED OR--ADOPTED ( . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 21 of 31 property situated on the leased premises. If any personal property taxes are levied against the Landlord or Landlord's property,and if Landlord pays the same (which Landlord has the right to do), or if the assessed value of Landlord's premises is increased by the inclusion therein of a value placed on property, and if Landlord pays the taxes based on increased assessment (which the Landlord has the right to do), Tenant upon demand shall repay to Landlord the taxes levied against the Landlord or the proportion of taxes resulting from the increase in the assessment. Section 32.16 REIMBURSEMENT OF ATTORNEYS' FEES AND COSTS_ In the event either party takes legal action against the other in order to enforce the terms of this Lease, the party in whose favor final judgment is entered is entitled to recover from the other party its reasonable attorneys' fees and costs. Section 32.17 LIQUOR LICENSE, Tenant agrees not to protest any application by Landlord or any other tenants who may apply for a liquor license for use within the Shopping Center. Section 32.18 MEMORANDUM OF LEASE. At the option of either party, and upon demand, a Memorandum of Lease for recording purposes in form and content acceptable to the requesting party, but in no way altering the terms of this Lease, shall be executed by the parties hereto. Section 32.19 ENLARGING THE SHOPPING CENTER. As provided, Tenant acknowledges that the Landlord reserves the right.from_time to,time to enlarge the Shopping Center by constructing other buildings on portions of the Property with or without any new parking or common areas, and by including within the existing Shopping Center other properties now or hereafter owned by Landlord adjacent to the Property, and constructing on such additional property buildings, parking areas, and common areas. In this event, new buildings, properties, common areas and parking areas will be treated as though they were originally a part of the Shopping Center and at the election of Landlord all common expenses, utility costs, real property taxes and other prorata payments herein required of Tenant shall be applicable to enlarged area and all improvements now or hereafter thereon; provided that in such event Tenant's prorata share shall be appropriately adjusted to include any additional square footage contained in new buildings or comprising additional properties added to the Shopping Center. Until Landlord makes such election, Tenant's prorata share shall continue as though such enlargement had not occurred. Section 32.20 EASEMENTS_ The Landlord has the right to grant any easements on, over, under and above the leased premises for purposes as Landlord determines, provided that easements will not materially interfere with Tenant's business. Section 32.21 RIGHT TO RELOCATE, Notwithstanding anything herein to the contrary, Landlord in all cases retains the right and power to relocate Tenant within the Building in space which is comparable in size and location and suited to Tenant's use. Such right and power is to be exercised reasonably and relocation made at Landlord's sole cost and expense. Landlord is not liable or responsible for any claims, damages, or liabilities in connection with such relocation. Landlord's reasonable exercise of such right and power include, but in no way be limited to, a relocation to consolidate the rentable area occupied in order to provide Landlord's services more efficiently or a relocation to provide contiguous vacant space for a prospective Tenant. Section 32.22 TIME OF THE ESSENCE. Time is of the essence hereof, and each party shall perform its obligations and conditions hereunder within the time hereby required. Section 32.23 UNENFORCEABILITY. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the term of this Lease, it is the intention of the parties that the remainder of this Lease shall not be affected. It is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 22 of 31 corporate power and authority to enter into this Lease Agreement and has taken all corporate action necessary to carry out the transaction contemplated hereby, so that when executed this Lease Agreement constitutes a valid and binding obligation enforceable in accordance with its terms. Section 32.26 LIMITATION OF LANDLORD LIABILITY. In no event shall Landlord be liable to Tenant for any failure of any other tenant in the Shopping Center to operate its business. Notwithstanding anything to the contrary provided in this lease, it is specifically understood and agreed, being a primary consideration for the execution of this Lease by Landlord, that there shall be absolutely no personal liability on the part of Landlord, its successors, assigns, legally appointed representatives, or any mortgagee in possession (for the purposes of this paragraph collectively referred to as "Landlord" with respect to any of the terms, covenants and conditions of this Lease. Tenant should look solely to the equity of Landlord of the Shopping Center in which the leased premises are a part for the satisfaction of each and every remedy of Tenant in the event of any breach by Landlord of any of the terms, covenants and conditions of the Lease to be performed by Landlord. Such exculpations of liability are to be absolute and without exception whatsoever. Section 32.27 RESTRICTIVE COVENANTS, This Lease is subject to all recorded covenants, conditions, restrictions and grants of easements. In the event of a conflict between this lease and said ..instruments, the terms of the.instruments shall control..Tenant shall execute any documents..reasonably required to evidence the priority of such instruments. Section 32.28 EXHIBITS AND ADDENDA, The following Exhibits and Addenda attached to this Lease are incorporated herein and made a part by this reference. Section 32.29 REAL ESTATE LICENSE,Tenant understands that some or all of the owners or owners employees of the Real Estate may possess a Nebraska Real Estate license. Section 32.30 777., d/b/a Clancy's & Club Patrick's,has been granted permission to have a • special outdoor tent and beer garden at certain times and places including St. Patrick's Day, March 17th, during the term of the lease. Landlord hereby grants an exclusive tent and beer garden on St. Patrick's Day, March 17th, of each year during the term of the lease to 777,Inc. or Club Patrick's, if applicable, and will not give its permission for any 777, Inc., d/b/a Clancy's and Club Patrick's has been granted permission to have a special other tenant to have a tent on St. Patrick's,March 17th, and Landlord warrants that it has not granted permission in future years. Section 32.31 Roof Leaks: Landlord gives Tenant repair/replacement guarantee for any damages caused by leaks from roof, all leaks are to be reported immediately and can not be the result of any work or penetrations by tenant. ARTICLE )(XXIII INITIAL IMPROVEMENTS OF THE PREMISES Section 33.1 Landlord 'shall deliver possession of the Premises to Tenant in "as is" condition. Landlord agrees to reimburse Tenant for the first $40,000.00 of build out costs. Any additional work shall be performed at Tenant's cost and expense. Tenant shall fully equip the Premises with all trade fixtures, lighting fixtures, furniture, furnishings, fixtures, floor coverings, any special equipment, and other items of personal property as may be necessary for the completion of the Premises and the proper operation of Tenant's business therein. All improvements made to the Premises by Tenant are hereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 23 of 31 shall be due within fifteen (15) days after receipt of a written request from Tenant but not before fifteen (15) days after Tenant opens for business to the public at the Premises. Payment of Tenant Allowance shall be subject to the following conditions: (i) Tenant shall deliver to Landlord reasonably satisfactory documentation of all costs and expenses incurred in connection with Tenant's Work and Tenant's Improvements; (ii) Tenant shall furnish to Landlord copies of lien waivers or releases from all suppliers; materialmen and contractors; or subcontractors who have supplied either labor or materials in connections with Tenant's Work or Tenant's Improvements. If the costs associated with improving the Premises exceed the allowance, the Tenant shall be liable for the payment of any amount which exceeds the Tenant Improvement Allowance. ARTICLE XXXIV Section 34.1 Option to Extend Lease: If this lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of its obligations hereunder, the Tenant shall have the right, at its option, to extend this Lease for two (2) additional terms of five (5)years ("Option Period") upon the same terms and conditions contained in this Lease. To exercise such option,the Tenant shall notify the Landlord in writing, at any.time during the original term hereof but no later than eight(8) months prior to the expiration of such term of the Tenant's intention to extend such term. The Base Rent shall be as follows: 2% annual increases in successive years to be adjusted each December. ARTICLE XXXV Section 35.1 Brokers. The Brokers involved in this transaction are:None. Until this Lease is executed on behalf of all parties hereto, it shall be construed as an offer to lease from Tenant to Landlord. 11/19/2007 ll of the owners or owners employees of the Real Estate may possess a Nebraska Real Estate license. Section 32.30 777., d/b/a Clancy's & Club Patrick's,has been granted permission to have a • special outdoor tent and beer garden at certain times and places including St. Patrick's Day, March 17th, during the term of the lease. Landlord hereby grants an exclusive tent and beer garden on St. Patrick's Day, March 17th, of each year during the term of the lease to 777,Inc. or Club Patrick's, if applicable, and will not give its permission for any 777, Inc., d/b/a Clancy's and Club Patrick's has been granted permission to have a special other tenant to have a tent on St. Patrick's,March 17th, and Landlord warrants that it has not granted permission in future years. Section 32.31 Roof Leaks: Landlord gives Tenant repair/replacement guarantee for any damages caused by leaks from roof, all leaks are to be reported immediately and can not be the result of any work or penetrations by tenant. ARTICLE )(XXIII INITIAL IMPROVEMENTS OF THE PREMISES Section 33.1 Landlord 'shall deliver possession of the Premises to Tenant in "as is" condition. Landlord agrees to reimburse Tenant for the first $40,000.00 of build out costs. Any additional work shall be performed at Tenant's cost and expense. Tenant shall fully equip the Premises with all trade fixtures, lighting fixtures, furniture, furnishings, fixtures, floor coverings, any special equipment, and other items of personal property as may be necessary for the completion of the Premises and the proper operation of Tenant's business therein. All improvements made to the Premises by Tenant are hereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 24 of 31 RECEIVED DEC 0 3 2007 NEBRASKA LIQUOR CONTROL COMMISSION WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. �� / DATED as of p D 26 , 2007. LANDLORD ROBERT MILLER PROPERTIES, INC. By: Jacq e Do van, President . STATE F NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledge by Jacque Donovan before me this,2O day of PI a.2 2007. Not ublic GENERAL NOTARY-State of Nebraska My commission expires: r i l c3 I ) I i SUZANNE WHORLOW My Comm.Exp.May 30,2011 1 TENANT: 777 INC., d/b/a Clancy's TENANT: 777 INC., d/b/a Clancy's & Club Patrick's & Club Patrick's By: 0,, - By: 4 Its: PteAte4,,,,,,71-- Its: STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) 1164 The foregoing instrument was acknowledged by?Ai t1(h ,r6Ufz'1 � ' ( before me thi day of JOVeythe.X 2007. (AQ.W k L LOai ) / Notary P blic My commission expires: 1 Fu (P a()/ I GENERAL NOTARY-State of Nebraska DEAU J � j. MyEComm.Exp Auug 6,2011 ' 11/19/2007 . tend such term. The Base Rent shall be as follows: 2% annual increases in successive years to be adjusted each December. ARTICLE XXXV Section 35.1 Brokers. The Brokers involved in this transaction are:None. Until this Lease is executed on behalf of all parties hereto, it shall be construed as an offer to lease from Tenant to Landlord. 11/19/2007 ll of the owners or owners employees of the Real Estate may possess a Nebraska Real Estate license. Section 32.30 777., d/b/a Clancy's & Club Patrick's,has been granted permission to have a • special outdoor tent and beer garden at certain times and places including St. Patrick's Day, March 17th, during the term of the lease. Landlord hereby grants an exclusive tent and beer garden on St. Patrick's Day, March 17th, of each year during the term of the lease to 777,Inc. or Club Patrick's, if applicable, and will not give its permission for any 777, Inc., d/b/a Clancy's and Club Patrick's has been granted permission to have a special other tenant to have a tent on St. Patrick's,March 17th, and Landlord warrants that it has not granted permission in future years. Section 32.31 Roof Leaks: Landlord gives Tenant repair/replacement guarantee for any damages caused by leaks from roof, all leaks are to be reported immediately and can not be the result of any work or penetrations by tenant. ARTICLE )(XXIII INITIAL IMPROVEMENTS OF THE PREMISES Section 33.1 Landlord 'shall deliver possession of the Premises to Tenant in "as is" condition. Landlord agrees to reimburse Tenant for the first $40,000.00 of build out costs. Any additional work shall be performed at Tenant's cost and expense. Tenant shall fully equip the Premises with all trade fixtures, lighting fixtures, furniture, furnishings, fixtures, floor coverings, any special equipment, and other items of personal property as may be necessary for the completion of the Premises and the proper operation of Tenant's business therein. All improvements made to the Premises by Tenant are hereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 25 of 31 Exhibit "A" PERSONAL GUARANTEE WHEREAS, Patricia Ferguson & Michael Kelley (hereinafter referred to as "Tenant"), desires to enter into a lease, as tenant, for the following described premises, situated in the city of Omaha County of Douglas. WHEREAS, Patricia Ferguson & Michael Kelley (hereinafter referred to as "Guarantor"), is financially interested in the welfare of the Lease; and WHEREAS, Robert Miller Properties, Inc., a Nebraska Corporation (hereinafter referred to as "Landlord"), requires as a condition to entering into said lease with the Tenant, that the Guarantor personally guarantee the lease in the manner set forth. NOW, THEREFORE, to induce the Landlord to enter into said lease with the Tenant which lease is dated this date and is being executed simultaneously herewith,the undersigned Guarantor covenants and- agrees as follows: 1. (a)The Guarantor unconditionally guarantees to the Landlord and the successors and assigns of the Landlord the full and punctual performance and observance, by the Tenant, of all the terms, covenants and conditions of lease on Tenant's part to be kept, performed or observed. (b) If, at any time, default is made by the Tenant in the performance or observance of any of the terms, covenants or conditions of lease on the Tenant's part to be kept, performed or observed, the Guarantor will keep, perform and observe the same, as the case may be, in the place and stead of the Tenant, it being the intent hereof that the Guarantor at all times, be and remain liable to the Landlord jointly and severally with the Tenant. 2. Any act of the Landlord, or the successors or assigns of the Landlord, consisting of a waiver of any of the terms or conditions of the lease, or the giving of any consent to any manner or thing relating to this lease, or the granting of any indulgences or extensions of time to the Tenant, may be done without notice to the Guarantor and without releasing the obligations of the Guarantor hereunder. 3. The obligations of the Guarantor hereunder will not be released by Landlord's receipt, application or release of security given for the performance and observance of the covenants and conditions of said lease on the Tenant's part to be performed or observed; not by any modification of lease, but in the event of any such modification, the liability of the Guarantor is to be deemed modified in accordance with the terms of any future modification-of the lease. 4. The liability of the Guarantor hereunder shall in no way be affected by (a) the release or discharge of the Tenant in any creditor's receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of the liability of the Tenant or the estate of the Tenant in bankruptcy,or of any remedy for the enforcement of the Tenant's liability under the lease resulting from the operation of any present or future provision of the Federal Bankruptcy Act or other statute or from the decision of any Court; (c) the rejection or disaffirmance of the lease in any such proceedings; (d) the assignment or transfer of the lease by the Tenant; (e) any disability or other defense of the Tenant; or (f) the cessation from any cause whatsoever of the liability of the Tenant. 5. Until all the covenants and conditions of the lease on the Tenant's part are fully performed and observed, the Guarantor; (a) shall have no right of subrogation against the Tenant by reason of any 11/19/2007 er operation of Tenant's business therein. All improvements made to the Premises by Tenant are hereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 26 of 31 • payments or acts of performance by the Guarantor in compliance with the obligations of the Guarantor 'hereunder; (b) waives any right to enforce any remedy which the guarantor now or hereafter shall have against the Tenant by reason of any one or more payments or acts of performance in compliance with the obligations of the Guarantor hereunder; and (c) subordinates any liability or indebtedness of the Tenant now or hereafter held by the Guarantor to the obligations of the Tenant to the Landlord under said lease. 6. This guarantee shall apply to the lease, any extension or renewal thereof, and to any holdover term following the lease term granted or any extension or renewal thereof. 7. This instrument may not be changed, modified, discharged or terminated orally or in any manner other than by agreement in writing signed by the Guarantor and the Landlord. IN WITNESSWHEREOF, the Guarantor has executed this guarantee of lease the 2) day of A0 i2-Q 2007,. , , .,,.. „ . _ . _ _ _.._ ._..... _. SIGNATURE HOME ADDRESS r/d S //2 d k Z TELEPHONEyc-HOME) (WORK) SIGNATURE HOME ADDRESS fire) 5' S k re AC- 0 Cz J it?f: TELEPHONEME) (WORK) Exhibit "C" Tenant's Plans and Specs All work required to complete and place the Premises in finished condition for opening for business, except that work described in Landlord's Work is to be completed by Tenant at Tenant's expense. Tenant agrees not to commence Tenant's work until Tenant has received Landlord's written approval of Tenant's plans and specs, Tenant arranges for its utilities and Tenant secures the proper insurance as provided for in this Lease. All work shall be done in accordance with all local, state and federal building requirements and shall be performed in a first-class workmanlike manner, good and usable condition at the date of completion. Tenant shall require any such party to be,responsible for the replacement or repair without additional charge of any and all work done or furnished by or through such party which shall become defective within one (1) year after substantial completion of the work. 11/19/2007 performed or observed; not by any modification of lease, but in the event of any such modification, the liability of the Guarantor is to be deemed modified in accordance with the terms of any future modification-of the lease. 4. The liability of the Guarantor hereunder shall in no way be affected by (a) the release or discharge of the Tenant in any creditor's receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of the liability of the Tenant or the estate of the Tenant in bankruptcy,or of any remedy for the enforcement of the Tenant's liability under the lease resulting from the operation of any present or future provision of the Federal Bankruptcy Act or other statute or from the decision of any Court; (c) the rejection or disaffirmance of the lease in any such proceedings; (d) the assignment or transfer of the lease by the Tenant; (e) any disability or other defense of the Tenant; or (f) the cessation from any cause whatsoever of the liability of the Tenant. 5. Until all the covenants and conditions of the lease on the Tenant's part are fully performed and observed, the Guarantor; (a) shall have no right of subrogation against the Tenant by reason of any 11/19/2007 er operation of Tenant's business therein. All improvements made to the Premises by Tenant are hereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 27 of 31 Landlord shall have the right, but shall not be obligated, to perform by its own contractor or • subcontractor, on behalf of and for the account of Tenant any Tenant's Work which Landlord determines should be so performed. 1. It shall be the Tenant's responsibility to field verify all conditions. 2. Partitions between leased areas shall be framed with metal studs and as approved by Landlord. 3. All interior walls, including partitions and curtain walls other than partitions separating leased premises shall be framed with metal studs. Landlord shall inspect the walls prior to the installation of the gypsum board. 4. All interior painting and decoration including taping and spackling of all interior partitions where required. 5. Hot water heater"as is". All heaters shall be automatic, properly vented and with all necessary safety controls. The relief valve must be piped to an open drain. Special metering for any heater shall be included by Tenant if required by Landlord. 6. Floors: All floors, floor coverings and floor finished. Tenant is permitted no depressions from the established floor level. 7. Electrical Work: Tenant shall furnish and install all additional electrical work from the central electrical room except that work described in Landlord's Work. Tenant shall furnish and install all systems, where required for telephones, inter-communication, music antenna, burglar alarm, fire protection alarm and clock, and time clocks, conductors and all necessary disconnect switches for all motors required by Tenant, including exterior signage. 8. Gas: Tenant shall install and furnish any resized gas meter or piping and any additional gas piping from the meter or shall reimburse Landlord the cost of said metering and additional piping. 9. Heating, ventilating and air-conditioning (HVAC) service: Tenant shall furnish and install metal supply and return duct work throughout the Premises, the use of attic space as a return air plenum or duct board as supply and return duct work is not permitted, and shall be responsible for locating and wiring any thermostat controls for the HVAC units as provided by the landlord. Any additional equipment, make-up systems and/or exhaust systems shall be furnished and installed by Tenant. Landlord's initials Tenant's initials {1C 11/19/2007 future modification-of the lease. 4. The liability of the Guarantor hereunder shall in no way be affected by (a) the release or discharge of the Tenant in any creditor's receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of the liability of the Tenant or the estate of the Tenant in bankruptcy,or of any remedy for the enforcement of the Tenant's liability under the lease resulting from the operation of any present or future provision of the Federal Bankruptcy Act or other statute or from the decision of any Court; (c) the rejection or disaffirmance of the lease in any such proceedings; (d) the assignment or transfer of the lease by the Tenant; (e) any disability or other defense of the Tenant; or (f) the cessation from any cause whatsoever of the liability of the Tenant. 5. Until all the covenants and conditions of the lease on the Tenant's part are fully performed and observed, the Guarantor; (a) shall have no right of subrogation against the Tenant by reason of any 11/19/2007 er operation of Tenant's business therein. All improvements made to the Premises by Tenant are hereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOU I H WES 1 ERN PLAZA SHOPPING CENTER Page 28 of 31 EXHIBIT "D" Sign Criteria This criteria has been established for the purpose of assuring an outstanding shopping center and for the mutual benefit of all tenants. Conformance will be strictly enforced and any nonconforming installation or unapproved sign must be brought into conformance at the expense of the Tenant. All signage to remain "as is". General Requirements 1. Signs must be store and business name identification signs only and shall be placed on the building façade in the location approved by Landlord's consent and discretion. Sign copy shall be limited to the proper business name of the Tenant. No script will be permitted unless it is part of an established trademark of Tenant. 2. All signs and their installation shall comply with all local building and electrical codes. 3. Working on signs shall not include the product sold except as part of Tenant's trade name or insignia. 4. Tenant is required to maintain its signs in good working order at ell times. At installation and upon the termination of the Tenant's Lease, the Tenant will remove its sign and repair any damaged EIFS (Exterior Insulation Finish System) or other damage caused by the sign to a condition acceptable to the Landlord. All repairs to exterior EIFS must be performed by an EIFS contractor acceptable to the Landlord and all penetrations of the building structure required for sign installation shall be sealed in a watertight condition and shall be patched to match the adjacent EIFS finish. 5. Except as provided herein, no advertising placards, banners, pennants, names, insignia, trademarks, or other descriptive material shall be affixed or maintained upon the glass panes and supports of the show windows and doors, storefront, upon the exterior walls of the building, or within 24 inches of the show or storefront windows. 6. Each Tenant who has a non-customer door for receiving merchandising may have, as approved by the Landlord, in 2-inch high block letters, the Tenant's name and address. Where more than one Tenant uses the same door, each name and address shall be applied. Color of letters will be as selected by the Landlord.. 7. No can, box, exposed skeleton neon, non-illuminated, audible, flashing or animated signs shall be allowed. No signs with the face perpendicular to the face of the building or storefront shall be allowed. No exposed lamps, transformers, tubing, raceways, crossover, conductors or conduit shall be allowed. 8. Subject to Landlord's specific approval, registered corporate logos, shield, etc., will be permitted provided they are contained within the designated signable area, comply with these sign specifications .and conform to the applicable height, width and color allowance as outlined. 9. Revisions to or deviations from these specifications and conditions, including re-allocation or relocation of assigned signable area shall be at Landlord's sole discretion. 10. Tenant shall install on the storefront the numbers for the street address and/or suite number in the exact location, size, type and color as required by the Landlord. Sign Manufacturing Requirements 1. Only sign vendors approved by the Landlord shall be allowed to manufacture and install all exterior signage. 2. Tenant shall be liable for the operations of Tenant's sign contractor. 3. All signs shall be construed and installed, including electrical hook-up from Tenant's meter, at Tenant's expense. 4. No projections above or below the sign limits will be permitted. Signs must be within limits 11/19/2007 Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2 Tenant's Allowance.Landlord shall pay Tenant a one time $40,000.00 allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOU 1H WES 1 ERN PLAZA SHOPPING (2EN l ER Page 29 of 31 indicated. • 5. Signs must not exceed 30" in height on Tan Fascia or 36" in height on Block. The depth from the back of the sign to the face shall be a maximum of five inches. If text is stacked due to restricted length, each line of text must be no less than 12" in height with overall signage height not to exceed 36" on Tan Fascia or 48"on Block. 6. Signs shall consist of individually and internally illuminated pan channel letters with a 1" trim cap and mounted to 8" high x 8" deep raceways. Raceways shall be required to be painted to match the building façade. The color of the returns shall be approved by the Landlord. Letter fastening clips are to be concealed and be of galvanized stainless or aluminum metals. 7. No labels will be permitted on the exposed surface of signs, except those required by local ordinance which shall be placed in an inconspicuous location. 8. The width of Tenant's fascia sign shall not exceed 66.67 percent of the width of Tenant's bay and shall be centered vertically and horizontally on the allocated sign area. The area of the sign shall not exceed .667 square feet per linear foot of sign band per bay. 9. Access to the building fascia(for Tenant sign installation purposes) shall be from the Tenant space across the soffit(ceiling).on the walkways provided by.the Landlord.., 10. Individual illuminated channel letters shall be constructed out of aluminum with 5" returns and 1/4" weep holes in the bottom of each letter. 11. Plexiglas faces shall be 3/16" thick and Landlord shall approve color. Trimcap to be 1" wide and color shall be approved by Landlord. 12. Each channel letter and transformers to be wired behind the mounting surface. 13. Midpoint grounded installations shall not be acceptable. 14. All signs must be UL approved. All transformers must comply with NEC Article 600-23 and UL's 2161 specifications per the City of Omaha's electrical code. These transformers are also known as Ground Fault Protected Transformers. 60 MA transformers shall use all mercury (argon gas)tubing. 30MA transformers may be used on red (neon)tubing. Submittals and Approval 1. Signs must be approved by the Landlord and the Landlord before manufacturing is begun or permits are executed and will be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittal based on aesthetics or design shall remain the sole right of the Landlord and/or the Landlord. 2. Approval of sign drawings for the Premises does not constitute approval of manufacturing and installation. Landlord's written approval of Tenant's proposed sign drawings is required. 3. Tenant shall submit drawings and specifications for all proposed sign work to Landlord and the Landlord before fabrication. Two (2) sets of detailed drawings and any other requirements pursuant to the Landlord shall be submitted to Landlord. The drawings shall clearly show location, size, layout, method of attachment, design, colors, proposed graphics, logos, and position of sign on the building elevation. Tenant should note that approval may take two or more weeks. 4. Landlord shall return one (1) set of the sign drawings to the.Tenant marked "Approved" "Approved as Noted," or "Disapproved". Drawings marked "Approved" or "Approved as Noted" and returned to Tenant shall need to obtain any applicable sign permit from the City of Omaha. The City of Omaha will not approve the sign permit without a drawing marked with Landlord's approval. Drawings that have been marked as "Disapproved" are to be redesigned and resubmitted to the Landlord for approval. The Landlord will retain one (1) set of drawings. 5. No signage shall be manufactured or installed until the Landlord with the "Approved or "Approved as Noted" has returned the drawings. 6. All permits for signs and their installation shall be obtained by the Tenant or Tenant's 11/19/2007 nts in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 SOUTHWESTERN PLAZA SHOPPING CENTER Page 30 of 31 representative and shall be signed by the Landlord prior to being sent to the City of Omaha. Landlord's initialsRECEIV ; _ • Tenant's initials pl" 1 � DEC 3 � . NEBRASKA LIQUOR CONTROL COmpAR.R,rm • • • • • . 11/19/2007 SKA CORPORATION MIRACLE HILLS SQUARE • 11/19/2007 SHAPED AREA APPROX 19' X 25' TO THE SOUTH KNOWN AS 765, INC., DBA "CLUB PATRICK", 763- 769 NORTH 114TH STREET LICENSED PREMISES IRREG-SHAPED 1 STY BLDG APPROX 82'X 211' PLUS FENCED IRREG-SHAPED OUTDOOR AREA APPROX 70' X 24' TO THE NORTH EXCLUDING IRREG-SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: PRES/MGR-PATRICIA FERGUSON * SECR - GENE FISHER PLANNING DEPARTMENT REPORT RECEIVED • DATE: DECEMBER 12, 2007 DUE DATE: DEf Ty6{,18,r2009: 33 CITY COUNCIL HRG JANUARY 8, 2008 U CITY CLERK, LOCATION:_-777 NORTH 114TH STREET 0 M A H A, N F':' R A S K LEGAL DESCRIPTION: ADDITION OF AN AREA APPROX 60' X 80' PLUS IRREGULAR SHAPED AREA APPROX 19' X 25' TO THE SOUTH KNOWN AS 765, INC., DBA "CLUB PATRICK", 763-769 NORTH 114TH STREET APPLICANT: 777,INC.,DBA "CLANCY'S PUB" REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "C/K" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR THIS REQUEST DOES() DOES NOT(X) PERTAIN TO AN OUTSIDE AREA IF OUTSIDE: OUTSIDE AREA IS N t4 FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) (Except Class D-1 Package Liquor License) ******************************************************************************************************** ANNEXATION DATE: ORDINANCE NO. (Only if • m t 24 months) EXISTING ZONING: LC—- F e EXITING LAND USE: Pc ADJ gVIAND U E AND ZONING: -4ec 7 SO ZPJ,0., e_e;Fp 'fvt mum4 o rae_Ar--< <S7(LI G r — Ft--_,) ` .0.c l CC= F p EA o bV• V\ri )f \ 6 1Mtl^ �(6- TI)is (6A CC- � ST: 11 t C1lC Lc. PARKING STALLS P OVIDED: *()<vj0 / t-2 e 0 EINV- -- EXISTING USE DOES()4 DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S T 1 1)t� — e.\I-, MEN'S () Tbb\S /rW 0 s---CS DATE SUBJECT PROPERTY WAS POSTED: \ Z.— 2/ - —_7 o e . (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PA K: 6 I// DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: �1 TPS 12Esc- (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH -V\f-1 SCHOOL U 1(_..--H6SPITALME FOR THE AGED,INDIGE OR VETERANS VI --€OLLEGE OR UNIVERSITY (Authorized Signature) (Date) must be approved by the Landlord and the Landlord before manufacturing is begun or permits are executed and will be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittal based on aesthetics or design shall remain the sole right of the Landlord and/or the Landlord. 2. Approval of sign drawings for the Premises does not constitute approval of manufacturing and installation. Landlord's written approval of Tenant's proposed sign drawings is required. 3. Tenant shall submit drawings and specifications for all proposed sign work to Landlord and the Landlord before fabrication. Two (2) sets of detailed drawings and any other requirements pursuant to the Landlord shall be submitted to Landlord. The drawings shall clearly show location, size, layout, method of attachment, design, colors, proposed graphics, logos, and position of sign on the building elevation. Tenant should note that approval may take two or more weeks. 4. Landlord shall return one (1) set of the sign drawings to the.Tenant marked "Approved" "Approved as Noted," or "Disapproved". Drawings marked "Approved" or "Approved as Noted" and returned to Tenant shall need to obtain any applicable sign permit from the City of Omaha. The City of Omaha will not approve the sign permit without a drawing marked with Landlord's approval. Drawings that have been marked as "Disapproved" are to be redesigned and resubmitted to the Landlord for approval. The Landlord will retain one (1) set of drawings. 5. No signage shall be manufactured or installed until the Landlord with the "Approved or "Approved as Noted" has returned the drawings. 6. All permits for signs and their installation shall be obtained by the Tenant or Tenant's 11/19/2007 nts in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 MAHA, 1, City o Omafia, fI'lebraskg ��o�� e , ` �1/ 1819 Farnam —Suite LC 1 z c., or, t'd"""' Omaha, Nebraska 68183-0112 0 - ;.; :, 415) Buster Brown (402) 444-5550 11.0. City Clerk FAX (402) 444-5263 044 I TFD FEBRU� December 21, 2007 777, Inc. Application for additions to the present Class "C" Dba"Clancy's Pub" Liquor License to add an areas approx. 60' x 80' 777 North 114th Street & irreg. shaped area approx. 19' x 25' to the South Omaha,NE 68154 known as 765, Inc., dba "Patrick", 763-769 North 114th Street Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for January 8, 2008 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, , Buster Brown City Clerk BJB:clj 12Esc- (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH -V\f-1 SCHOOL U 1(_..--H6SPITALME FOR THE AGED,INDIGE OR VETERANS VI --€OLLEGE OR UNIVERSITY (Authorized Signature) (Date) must be approved by the Landlord and the Landlord before manufacturing is begun or permits are executed and will be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittal based on aesthetics or design shall remain the sole right of the Landlord and/or the Landlord. 2. Approval of sign drawings for the Premises does not constitute approval of manufacturing and installation. Landlord's written approval of Tenant's proposed sign drawings is required. 3. Tenant shall submit drawings and specifications for all proposed sign work to Landlord and the Landlord before fabrication. Two (2) sets of detailed drawings and any other requirements pursuant to the Landlord shall be submitted to Landlord. The drawings shall clearly show location, size, layout, method of attachment, design, colors, proposed graphics, logos, and position of sign on the building elevation. Tenant should note that approval may take two or more weeks. 4. Landlord shall return one (1) set of the sign drawings to the.Tenant marked "Approved" "Approved as Noted," or "Disapproved". Drawings marked "Approved" or "Approved as Noted" and returned to Tenant shall need to obtain any applicable sign permit from the City of Omaha. The City of Omaha will not approve the sign permit without a drawing marked with Landlord's approval. Drawings that have been marked as "Disapproved" are to be redesigned and resubmitted to the Landlord for approval. The Landlord will retain one (1) set of drawings. 5. No signage shall be manufactured or installed until the Landlord with the "Approved or "Approved as Noted" has returned the drawings. 6. All permits for signs and their installation shall be obtained by the Tenant or Tenant's 11/19/2007 nts in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 �N1I►HA, N City of Omaha, We ,-14P U./�_ ^11 1819 Farnam—Suite LC 1 2Mtrh� - cot^ Omaha, Nebraska 68183-0112 01) Buster Brown (402) 444-5550 .o City Clerk FAX (402) 444-5263 O�'7Wp FEBRv � December 21, 2001 Mike Kelley, Attorney Application for additions to the present Class "C" Kelley & Lehan Liquor License for 777, Inc., dba "Clancy's Pub", 7134 Pacific Street 777 North 114th Street to add areas approx. 60' x Omaha,NE 68106 80' & irreg. shaped area approx. 19' x 25' to the South known as 765, Inc., dba "Club Patrick:, 763- 769 North 114th Street - Dear Liquor License Applicant Attorney: This letter is notification that a hearing before the.Omaha City. Council on your application for liquor license has been set for January 8, 2008 . Thee City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order.that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. Sincerely yours, Buster Brown City Clerk. BJB:clj vities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, , Buster Brown City Clerk BJB:clj 12Esc- (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH -V\f-1 SCHOOL U 1(_..--H6SPITALME FOR THE AGED,INDIGE OR VETERANS VI --€OLLEGE OR UNIVERSITY (Authorized Signature) (Date) must be approved by the Landlord and the Landlord before manufacturing is begun or permits are executed and will be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittal based on aesthetics or design shall remain the sole right of the Landlord and/or the Landlord. 2. Approval of sign drawings for the Premises does not constitute approval of manufacturing and installation. Landlord's written approval of Tenant's proposed sign drawings is required. 3. Tenant shall submit drawings and specifications for all proposed sign work to Landlord and the Landlord before fabrication. Two (2) sets of detailed drawings and any other requirements pursuant to the Landlord shall be submitted to Landlord. The drawings shall clearly show location, size, layout, method of attachment, design, colors, proposed graphics, logos, and position of sign on the building elevation. Tenant should note that approval may take two or more weeks. 4. Landlord shall return one (1) set of the sign drawings to the.Tenant marked "Approved" "Approved as Noted," or "Disapproved". Drawings marked "Approved" or "Approved as Noted" and returned to Tenant shall need to obtain any applicable sign permit from the City of Omaha. The City of Omaha will not approve the sign permit without a drawing marked with Landlord's approval. Drawings that have been marked as "Disapproved" are to be redesigned and resubmitted to the Landlord for approval. The Landlord will retain one (1) set of drawings. 5. No signage shall be manufactured or installed until the Landlord with the "Approved or "Approved as Noted" has returned the drawings. 6. All permits for signs and their installation shall be obtained by the Tenant or Tenant's 11/19/2007 nts in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 07‘ A)eJ41 , C C- Meig i tr.Q /2 2 Y--cJ NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that 777, INC. DBA "CLANCY'S PUB" has applied for an ADDITION TO THEIR PRESENT CLASS "C/K" [On & Off Sale beer, wine and liquor with Catering] LIQUOR LICENSE TO ADD AN AREA APPROX. 60' X 80' AND AN IRREGULAR AREA APPROX. 19' X 25' TO THE SOUTH, KNOWN AS 765, INC., DBA "CLUB PATRICK'S", 763-769 NORTH 114TH STREET located at 777 NORTH 114TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, JANUARY 8, 2008 at 2:00 P.M. in the Legislative Chambers, Omaha/Douglas Civic Center at 1819 Farnam Street. Testimony will be received from interested parties at this meeting. You may submit written testimony to the City Clerk, 1819 Farnam Street, Omaha, NE 68183 prior to the hearing date. Buster Brown City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY BUSTER BROWN, CITY CLERK,444-5557,IF ARRANGEMENTS NEED TO BE MADE. your application to the Nebraska Liquor Control Commission. Sincerely yours, Buster Brown City Clerk. BJB:clj vities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, , Buster Brown City Clerk BJB:clj 12Esc- (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH -V\f-1 SCHOOL U 1(_..--H6SPITALME FOR THE AGED,INDIGE OR VETERANS VI --€OLLEGE OR UNIVERSITY (Authorized Signature) (Date) must be approved by the Landlord and the Landlord before manufacturing is begun or permits are executed and will be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittal based on aesthetics or design shall remain the sole right of the Landlord and/or the Landlord. 2. Approval of sign drawings for the Premises does not constitute approval of manufacturing and installation. Landlord's written approval of Tenant's proposed sign drawings is required. 3. Tenant shall submit drawings and specifications for all proposed sign work to Landlord and the Landlord before fabrication. Two (2) sets of detailed drawings and any other requirements pursuant to the Landlord shall be submitted to Landlord. The drawings shall clearly show location, size, layout, method of attachment, design, colors, proposed graphics, logos, and position of sign on the building elevation. Tenant should note that approval may take two or more weeks. 4. Landlord shall return one (1) set of the sign drawings to the.Tenant marked "Approved" "Approved as Noted," or "Disapproved". Drawings marked "Approved" or "Approved as Noted" and returned to Tenant shall need to obtain any applicable sign permit from the City of Omaha. The City of Omaha will not approve the sign permit without a drawing marked with Landlord's approval. Drawings that have been marked as "Disapproved" are to be redesigned and resubmitted to the Landlord for approval. The Landlord will retain one (1) set of drawings. 5. No signage shall be manufactured or installed until the Landlord with the "Approved or "Approved as Noted" has returned the drawings. 6. All permits for signs and their installation shall be obtained by the Tenant or Tenant's 11/19/2007 nts in accordance with the provisions of section (s) of the Fundamental Lease Provisions section of this Lease. Such payment 11/19/2007 illegal, invalid, or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Section 32.24 RIGHT AND REMEDIES. The remedies of the Landlord shall be cumulative, and no one of them be construed as exclusive of the other or any remedy provided by law. The rights and remedies provided hereunder shall survive the termination of this Lease. Section 32.25 CORPORATE AUTHORITY Tenant represents and warrants that it has full 11/19/2007. . /IP/ .. . ..- , , •-•:,--- W-- . . ".', , , - e--.3, 3, _I-- ,3••,33:-.333v ---,. ,-; ....--f-3 I,,P• -i:.f:--.:,:..--:, ..r.,-- .'- . .-...„ . T.'.'''....f.....?' Attest NEBRASKA LIQUOR CONTROL COMMISSION t/rZ4 ji ,izo4L,t,‘___ It ilt114 Executive Director Chairman tI-iis , ',:-';-,'„ri.,'.7 XA,ti7SU„ffiiiolitFAVRTV-tatIKTIZIMINWA/aTilm, r RIVISsirrigiMP.rft ":5 ” s-,4A--.,Att.M141,*!,,-.. 2A-e • .'•5c,i, . .-47,_,. - ' :•-zi•-, •%, ;-,•;.;,vc•.: A''''.;7.4•4'47.,fr Y..i.v 4,a0067.4 vm orAtir.140-.-ty-.• vAv8v. ,,,', v,,,,,,, A-4-x,),-, .1.,4' . . , ",,ev ..,....,. 2,i,,,,:::,,,,...Avy.04::,,wkwy ,e,"44,Nkefa we.IviA,0,, *4=. ,.., ; •,-ft !:& 'Z'4-',k cf'4X, ;kli';'•• •4'g'-',''W5-...!f:'''',"..' : - 1W." . '',..;:r!.,,. "V..-4...,Ztat•:,!4'...e.••••Y: "....e,,,:s4-;/ •- •-. ' - ,:-_.•-•; . • „ Form 35-4100 Rev.1/04 i 2 — # Q 1 4 w / r 7 q o # § .0@ g 9 H \ ' 0 0 @ / ® § m n11) x * \ ° 7 `_ p & 2 6' ° \ a k 0 \ / 2 L q L - . \ y \ ƒ ] ) rt &'< n g /'� 3 o / § ? 6 1 . � o o E g ` = \ q to ƒ 0, c § v E _+ q m \ c - o k Fr ? t oo = Z ƒ E a § / o K — 2 \ § k - p m § - UTDOOR AREA APPROX 70' X 24' TO THE NORTH EXCLUDING IRREG-SHAPED AREA APPROX 19'X 25'TO THE SOUTH OFFICERS: PRES/MGR-PATRICIA FERGUSON * SECR - GENE FISHER