Exhibit 10.6
LEASE AMENDMENT NUMBER THREE
This Lease Amendment Number Three ("Amendment") dated as of the 23rd day of May,
2005 is entered into by and between Miller & Paine, LLC, a Nebraska limited
liability company ("Landlord"), and Union Bank and Trust Company, a state
banking corporation ("Tenant").
WITNESSETH:
Whereas Landlord and Tenant entered into that certain Office Building
Lease dated as of June 21, 1996, and amended June 11, 1997 and February 8, 2001
(the "Lease"), and
Whereas Landlord and Tenant desire to agree to certain terms that
provide for the reduction of Premises Area and corresponding reduction of
Monthly Rental, and
Whereas Landlord and Tenant desire to modify certain other provisions of
the Lease consistent with the modified space and rental terms,
Now therefore, in consideration of the foregoing and other good and
valuable consideration and the premises contained herein, the parties hereto
agree as follows:
1. Premises Area. The parties agree that Section 1.7. of the Lease
shall modify the square footage of the additional storage space
from 2,626 square feet to 333 square feet as shown on Landlord's
Architect Letter as attached hereto as Exhibit A.
2. Initial Rental per Square Foot. The parties agree that Section
1.8. shall be amended to add that the initial annual gross lease
rate for the reduced storage space shall be $3.00 per square
foot.
3. Commencement Date. The parties hereto agree to amend Section 1.13
of the Lease to add that the Commencement Date for the reduced
space covered by this Amendment shall be July 1, 2005. The terms
changed or added by this Amendment shall not commence or be
effective unless Landlord has a lease signed and dated prior to
July 1, 2005 from another tenant who will lease a substantial
part of the storage space reduced in this Amendment and shown as
Exhibit B.
4. Initial Monthly Rental. The parties hereto agree to amend Section
1.15 to provide that the Initial Monthly Rental for the reduced
storage space shall be the applicable Initial Rental per Square
Foot ($3.00) times 333 square feet of the applicable Premises
Area, divided by twelve (12) months. The Initial Monthly Rental
for the additional storage space shall be $83.25, starting on the
Commencement Date applicable to such space as provided in this
Amendment.
5. Final Plans. The parties hereto agree that Section 1.22 shall be
amended to add that the Final Plans for the Premises storage area
as reduced by this amendment shall be as shown on Exhibit B, as
attached hereto.
6. Option to Extend Term. The parties hereto agree that Section 3.4.
shall be amended to provide that the additional storage space
shown as 2626 square feet shall be reduced to 333 square feet.
7. No Other Changes. All of the terms and conditions of the Lease,
including the amendments contained herein, shall remain in full
force and effect except as may be subsequently amended by written
agreement of both the parties hereto.
The parties agree that in the case of any conflict between the
provisions of this Amendment Number Three and the information contained
in Exhibits A, B and Schedule 1 hereto, this Agreement shall control.
IN WITNESS WHEREOF, the parties hereto hereby execute this Lease
Amendment Number Three as of the day and year first above written.
TENANT:
Union Bank and Trust Company, a state banking corporation
By: /s/ Alan Fosler
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Printed Name: Alan Fosler
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Title: SVP & Cashier
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LANDLORD
Miller & Paine, LLC, a Nebraska limited liability company
By: /s/ Robert E. Campbell, II
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Printed Name: Robert E. Campbell, II
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Title: Operating Manager
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STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 1st day of
June, 2005, by Alan Fosler, Union Bank and Trust Company, a state banking
corporation, on behalf of said corporation.
/s/ Sheri L. Morten
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Notary Public
SEAL
My Commission expires Oct. 30, 2006
STATE OF NEBRASKA )
) ss.
COUNTY OF LANCASTER )
The foregoing instrument was acknowledged before me this 23rd day of May,
2005, by Robert E. Campbell, II, Operating Manager of Miller & Paine, LLC, a
Nebraska limited liability company, on behalf of said company.
/s/ Cynthia Done
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Notary Public