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UNION PACIFIC RAILROAD COMPANY - 1999
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UNION PACIFIC RAILROAD COMPANY - 1999
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1/3/2012 1:53:41 PM
Creation date
6/11/2007 2:02:58 PM
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Contracts
Company Name
UNION PACIFIC RAILROAD COMPANY
Contract #
A-1999-177
Agency
Public Works
Notes
Map - See file
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of this Lease; <br />(d) An executed triplicate original of the assignment or sublease agreement, on <br />Lessor's then standard form, shall be delivered to Lessor and the assignment or <br />sublease shalt not be binding upon Lessor until the delivery thereof to Lessor and <br />the execution and delivery of Lessor's consent thereto; <br />(e) The consent by Lessor to an assignment or sublease shall not in any way be <br />construed to relieve Lessee or any assignee or sublessee from obtaining the <br />express consent in writing of Lessor to any further assignment or sublease or to <br />release Lessee from any liability under this Lease, whether past, present or future, <br />or to release Lessee from any liability under this Lease because of Lessor's failure <br />to give notice of default under or in respect of any of the terms, covenants, <br />conditions, provisions or agreements of this Lease; and <br />30. LENDER REQUIREMENTS <br />This Lease, at Lessor's option, shall be subject and subordinate to the lien of any mortgages or <br />deeds of trust in any amount(s) whatsoever now or hereafter placed on or against or affecting the <br />Premises without the necessity of the execution and delivery of any further instruments on the part <br />of Lessee to effectuate such subordination. If any mortgagee or beneficiary shall elect to have this <br />Lease prior to the lien of its mortgage or deed of trust, and shall give written notice thereof to Lessee, <br />this Lease shall be deemed prior to such mortgage or deed of trust, whether this Lease is dated prior <br />or subsequent to the date of such mortgage or deed of trust or the date of the recording thereof. <br />lessee shall execute and deliver, without charge therefor, such further instruments evidencing <br />subordination of this Lease to the lien of any mortgages or deeds of trust affecting the Premises as <br />may be required by Lessorwithin ten (10) days following Lessors request therefor. Failure of Lessee <br />to execute such instruments evidencing subordination of this Lease shall constitute a default by <br />Lessee hereunder. In the event of foreclosure or the exercise of the power of sale under any <br />mortgage or deed of trust made by Lessor and covering the Premises, Lessee shall attom to the <br />purchaser upon any such foreclosure or sale and recognize such purchaser as Lessor under this <br />Lease, provided such purchaser expressly agrees in writing to be bound by the terms of this Lease. <br />31. LESSOR'S LIABILITY <br />Notwithstanding any other term or provision of this Lease to the contrary, the liability of Lessor for <br />its obligations under this Lease shall be limited solely to Lessor's interest in the Premises as the <br />same may from time to time be encumbered, and no personal liability shall at any time be asserted <br />or enforceable against Lessor or any other assets of Lessor or against Lessor's agents on account <br />of any of Lessor's obligations or actions under this Lease. <br />32. EMINENT DOMAIN <br />In the event of the taking or condemnation of all or any part of the Premises (including conveyance <br />by deed in lieu of, or in settlement of, condemnation proceedings), Lessee shall receive <br />compensation only for the taking and damaging of Lessee's improvements; the remaining award <br />balance and interest thereon, as well as the award for the land value and interest thereon, shall <br />belong to Lessor. Under no circumstances shall Lessee be entitled to any "bonus value" for the <br />remaining unexpired Lease Term. <br />Document 0011 <br />Page 16 of 20 <br />
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