FIRST AMENDMENT TO NET LEASE AGREEMENT
THIS AMENDMENT TO NET LEASE AGREEMENT, made and entered into
effective as of the 11 day of September, 2000, by and between AEI
Income & Growth Fund XXI Limited Partnership, ("Fund XXI"), 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, Lessor is the fee owner of a certain parcel of real
property and improvements located at Ellison Road, Fort Wayne,
Indiana , and legally described in Exhibit "A", which is attached
hereto and incorporated herein by reference; and
WHEREAS, Lessee has constructed the building and
improvements (together the "Building") on the real property
described in Exhibit "A", which Building is described in the
plans and specifications heretofore submitted to Lessor; and
WHEREAS, Lessee and Lessor Fund XXI have entered into that
certain Net Lease Agreement dated March 8, 2000 (the "Lease")
providing for the lease of said real property and Building (said
real property and Building hereinafter referred to as the "Leased
Premises"), from Lessor upon the terms and conditions therein
provided in the Lease;
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 as
follows:
1. Article 2(A) and (B) of the Lease shall henceforth read as
follows:
ARTICLE 2. TERM
(A) The term of this Lease ("Term") shall be Fifteen (15)
consecutive "Lease Years", as hereinafter defined, commencing
September 11, 2000, plus the period commencing March 8, 2000
("Occupancy Date") through the effective date hereof, with the
contemplated initial term hereof ending on September 30, 2015.
(B) The first full Lease Year shall commence on the date of
this First Amendment and continue through September 30, 2001.
2. Article 4(A) of the Lease shall henceforth read as follows:
ARTICLE 4. RENT PAYMENTS
(A) Annual Rent Payable for the first and second Lease
Years: Lessee shall pay to Lessor an annual Base
Rent of $132,621.25, which amount shall be payable
in advance on the first day of each month in equal
monthly installments of $11,051.77 to Fund XXI.
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.
3. Article 34 is hereby deleted in its entirety; Lessor and
Lessee agree that the referenced Development Financing Agreement
is terminated in accordance with its terms. All other terms and
conditions of the Lease shall remain in full force and effect.
4. Lessee has accepted delivery of the Leased Premises and has
entered into occupancy thereof;
5. Lessee has fully inspected the Premises and found the same
to be as required by the Lease, in good order and repair, and all
conditions under the Lease to be performed by the Lessor have
been satisfied;
6. As of this date, the Lessor is not in default under any of
the terms, conditions, provisions or agreements of the Lease and
the undersigned has no offsets, claims or defenses against the
Lessor with respect to the Lease.
7. 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: Vice President/Secretary
STATE OF KENTUCKY)
)SS.
COUNTY OF JEFFERSON)
The foregoing instrument was acknowledged before me this 7th
day of September, 2000, by Gregory A Compton, as Vice
President/Secretary of Tumbleweed, Inc., on behalf of said
corporation.
/s/ Donna Sanders
Notary Public
My commission expires: 8-10-04
[Remainder of page intentionally left blank]
LESSOR:
AEI INCOME & GROWTH FUND XXI LIMITED
PARTNERSHIP
By: AEI Fund Management XXI, Inc.
By: /s/ Robert P Johnson
Robert P.Johnson, President
STATE OF MINNESOTA )
)SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me the 11th
day of September, 2000, by Robert P Johnson, the President of AEI
Fund Management XXI, Inc., a Minnesota corporation, corporate
general partner of AEI Income & Growth Fund XXI Limited
Partnership, on behalf of said limited partnership.
/s/ Barbara J Kochevar
Notary Public
[notary seal]
LEASE AMENDMENT, TUMBLEWEED, FORT WAYNE, INDIANA, ELLISON ROAD
