2007-04-19_REVISION - M1997065 (4)

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S. Article 11.4(c} of the Lease is hereby amended in its entirety to read as follows: Closing. Closing of this transaction shall be held at a date, time and place to be rnutually agreed to by Tenant and Landlord (or Landlord's Personal Representative), provided, however, said closing shall be held no later than six (6) months after the date Tenant has given his notice of intent to exercise the option as referenced in 1 l . i above. Rent from the expiration of the Term to the date of closing shall be prorated between the parties at a rent rate equal to the rent for the last month o F the Term. Landlord (or his Personal Representative} shall convey the Leased Premises to Tenant by general warranty deed or by personal representative's deed, and subject to and secured by a .first deed of trust, to a frst secured interest. At closing, the Lease shall be considered. terminated and the parties shall execute an agreement stating the same. 6. Article 12.2 of the .Lease is hereby amended in its entirety to read as follows: Trujillo Property. Louis Trujillo owned the property described on Exhibit C. Mr. Trujillo passed away and Tenant is negotiating with representatives of Mr. Trujillo's estate to purchase said property. If Tenant purchases the: Trujillo property at any time while this Lease is still in effect, which property is approximately 12.8 acres in size, Landlord agrees to convey to Tenant enough additional land which, when combined with the Trujillo property will be a parcel. of at least 35 acres. The configuration of said additional land shall be by mutual agreement between the parties (or Landlord's Personal Representative) except that said. additional land shalt be contiguous to bath the Trujillo property and the Leased Premises. The purchase price for said property shall be One 'hhousand Dollars {$1,000.00) per acre for each acre conveyed by Landlord to Tenant. The price for any partial acre shall be prorated. Payment of the purchase price will be due in certified funds or cash at closing. If Landlord requests an easement through the land being purchased by Tenant in this paragraph 12.2, Tenant shall then provide a recordable easement for Landlord's benefit during his lifetime at closing and to be recorded immediately thereafter. The payment of the purchase price, proof of title to the property and possession, closing and adjustments of the property will be handled in the same manner set forth in Paragraphs 11.3, 1 l .4, and 11.5 above. 7. Article l 2.8 is hereby amended to reflect that the address for Jack D. Vahrenwald is: .tack D. Vahrenwald. Allen, Vahrenwald & Johnson, LLC 125 S. Howes, Suite 11.00 Fort Collins, CO 80521