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RB655e 571 2113
<br /> {"First Amendment"} recorded on January 22, 1999, in Book 1861, Page 586 of the Registry,
<br /> which amended the description of the Property and established the commencement date of the
<br /> Agreement as November 19, 1998; and
<br /> WHEREAS, Landlord conveyed its right, title, and interest in the Property to Property
<br /> Owner pursuant to that North Carolina General Warranty Deed recorded on January 15,2014, in
<br /> the Registry in Book 5743,Page 496; and
<br /> WHEREAS, Property Owner and Landlord entered into that certain Lease recorded on
<br /> January 15, 2014 ("Orange County Lease"), in the Registry in Book 5743, Page 518, whereby
<br /> Property Owner leased the underlying property,which contains the Property,to Landlord; and
<br /> WHEREAS, Property Owner and Landlord have entered into an Assignment Agreement
<br /> of even date herewith, whereby Property Owner assigned all of its right, title and interest in the
<br /> Agreement to Landlord; and
<br /> WHEREAS, the term of the Agreement commenced on November 19, 1998, and has an
<br /> original term, including all extension terms, that will expire on November 18, 2023 ("Original
<br /> Term"), and Landlord and Tenant now desire to amend the terms of the Agreement to provide
<br /> for additional extension terms beyond the Original Term,and to make other changes.
<br /> WHEREAS, Landlord, Tenant and Property Owner made and entered into a Second
<br /> Amendment to Option and Lease Agreement of even date herewith ("Second Amendment") and
<br /> pursuant to the terms of, and for that consideration recited in,the Second Amendment,the parties
<br /> Wish to hereby amend certain provisions of the Agreement, and provide this Amended
<br /> Memorandum as notice thereof, as follows:
<br /> 1. Landlord does hereby lease and grant unto Tenant, its successors and assigns, the
<br /> Property for three (3) additional five (5) year extension terms beyond the Original Term,
<br /> immediately followed by one (1) additional period commencing on November 19, 2038, and
<br /> expiring twenty-five (25)years from the Effective Date of the Second Amendment(as defined in
<br /> the Second Amendment), such that the Original Term and all extension terms of the Agreement
<br /> shall expire twenty-five (25) years from the Effective Date of the Second Amendment in the year
<br /> 2043,unless sooner terminated as provided in the Agreement.
<br /> 2. The parties agree to amend the description of the Property to be as shown as the
<br /> "Lease Area" in Exhibit A attached to the Second Amendment and attached hereto and
<br /> incorporated herein, and described as the "Lease Area" by metes and bounds on Exhibit B
<br /> attached to the Second Amendment and attached hereto and incorporated herein, and Landlord
<br /> does hereby lease same to Tenant for those uses provided for in the Agreement. Exhibit A and
<br /> Exhibit B attached to the Second Amendment attached hereto shall replace any and all
<br /> descriptions of the Property.
<br /> 3. (a) The parties agree to amend the description of the Right of Way, as same was
<br /> amended in the First Amendment, to reflect the access and utility easement shown as the
<br /> Site Name: Chapel Hill 368-207
<br /> Crown Bt3:813283
<br /> Cingular Site:10017380 2
<br /> PPAB 4180506V3
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