SECOND AMENDMENT TO NET LEASE AGREEMENT
THIS AMENDMENT TO NET LEASE AGREEMENT, made and entered
into effective as of the 23rd day of August, 2000, by and between
AEI Income & Growth Fund 23 LLC, ("Fund 23"), whose principal
business address is 1300 Minnesota World Trade Center, 30 East
Seventh Street, St. Paul, Minnesota 55101 (hereinafter
collectively referred to as "Lessor"), and Tumbleweed, Inc.
(hereinafter referred to as "Lessee"), whose principal business
address is 1900 Mellwood Avenue, Louisville, Kentucky;
WITNESSETH:
WHEREAS, Lessee and Lessor Fund 23 have entered into that
certain Net Lease Agreement dated February 25, 2000, as amended
August 23, 200 by that certain First Amendment to Net Lease
Agreement (the "Lease") providing for the lease of said real
property and Building in Kettering, Ohio (said real property and
Building hereinafter referred to as the "Leased Premises"), from
Lessor upon the terms and conditions therein provided in the
Lease; and
WHEREAS, Lessee and Lessor entered into that certain First
Amendment to the Net Lease Agreement of even effective date
hereof, and said First Amendment contained a typographical error
respecting the payment of rents in the second lease year, which
provision was intended by the parties to be governed by Article
4(B) of the Net Lease Agreement and was not intended to be
amended; and
WHEREAS, the Multi-Site Agreement dated effective as of
November 20, 1997, as amended on April 29, 1999, effective as of
May 20, 1999 also provides for the payment of rents as correctly
reflected in Article 4(B) of the Net Lease Agreement and not as
erroneously reflected in the First Amendment to the Net Lease
Agreement;
NOW, THEREFORE, in consideration of the Rents, terms,
covenants, conditions, and agreements hereinafter described to be
paid, kept, and performed by Lessee, including the completion of
the Building and other improvements constituting the Leased
Premises, Lessee and Lessor do hereby agree to amend the Lease
and correct the First Amendment to Lease as follows:
1. Article 4(A) of the Lease shall henceforth read as follows:
ARTICLE 4. RENT PAYMENTS
(A) Annual Rent Payable for the first Lease Year: Lessee shall
pay to Lessor an annual Base Rent of $120,821.10, which amount
shall be payable in advance on the first day of each month in
equal monthly installments of $10,068.43 to Fund 23. If the
first day of the Lease Term is not the first day of a calendar
month, then the monthly Rent payable for that partial month shall
be a prorated portion of the equal monthly installment of Base
Rent.
2. All other terms and conditions of the Net Lease
Agreement and all prior amendments thereto remain in
full force and effect.
3. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original and all of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, Lessor and Lessee have respectively signed
and sealed this Lease as of the day and year first above written.
LESSEE: Tumbleweed, Inc.,
By: /s/ Gregory A Compton
Its: VP/Secretary
Witness
/s/ Kathy Corum
Kathy Corum
Print Name
Witness
/s/ Sarah Snyder
Sarah Snyder
Print Name
STATE OF KENTUCKY)
)SS.
COUNTY OF JEFFERSON)
The foregoing instrument was acknowledged before me this 3rd
day of October, 2000, by Greg Compton, as Vice
President/Secretary of Tumbleweed, Inc., on behalf of said
corporation.
/s/ Lisa Hall Griffin
Notary Public
My commission expires 4-27-03
LESSOR:
AEI INCOME & GROWTH FUND 23 LLC
By: AEI Fund Management XXI, Inc.
Witness
/s/ Michael B Daugherty By:/s/ Robert P Johnson
Michael B Daugherty Robert P. Johnson, President
Print Name
Witness
/s/ Ann M Feucht
Ann M Feucht
Print Name
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me the 24th
day of October, 2000, by Robert P Johnson, the President of AEI
Fund Management XXI, Inc., a Minnesota corporation, corporate
managing member of AEI Income & Growth Fund 23 LLC, on behalf of
said limited liability company.
/s/ Barbara J Kochevar
Notary Public
[notary seal]
SECOND LEASE AMENDMENT, TUMBLEWEED, KETTERING, OHIO
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