situated parcels most recently transferred. Exempt transfers, as defined in Paragraph
<br />3.13(3), shall not be used to calculate Average Actual Sales Value rent.
<br />(3) "CPI" shall mean the Consumer Price Index - Los Angeles -Anaheim -Riverside Area,
<br />All Urban Consumers, All Items, published by the United States Department of Labor,
<br />Bureau of Labor Statistics (1982-1984=100). If the 1982-1984 base of said Consumer Price
<br />Index should hereafter be changed, then the new base shall be converted to the 1982-1984
<br />base and the base as so converted shall be used. In the event that the Consumer Price
<br />Index, as now compiled and published, shall cease to be published, then the successor
<br />index shall be used provided that an appropriate conversion from the old index to the new
<br />index can feasibly be made. If such conversion cannot be made, or if no such index is
<br />published, then another index most nearly comparable thereto recognized as authoritative
<br />shall be substituted by agreement.
<br />(4) "Current Lessee" shall mean the person or persons who, as of April 1, 1994 (the
<br />"Cut-off Date"), was or were the Lessee under the Pre-existing Lease.
<br />(5) "Deferred Rent" shall mean the total rent that a Current Lessee would have paid
<br />had this Lease been executed on the Effective Date, through and including the date on
<br />which this Lease was first executed, less the rent actually paid pursuant to the Pre-existing
<br />Lease, together with interest at the rate of eight percent (8%) per annum calculated on the
<br />balance due at the end of each Lease Year or portion thereof.
<br />(6) "Effective Date" shall mean July 1, 1994.
<br />(7) "Execution Date" shall mean the date when this Lease is executed by Lessee.
<br />(8) "Initial Rent' shall mean the effective net rent for the Leased Land as determined
<br />by the appraisal of George Hamilton Jones, with due consideration to the leasehold
<br />advantage created by the Pre-existing Lease, all as shown on Exhibit C attached hereto
<br />and incorporated herein by reference.
<br />(9) "Person" shall mean any natural person or natural person(s) and does not include
<br />any corporation, association, or business entity in any form except a financial institution or
<br />other bona fide lender acting in the capacity of a lender or an inter vivos or living trust.
<br />(10) "Pre-existing Lease" shall mean the Lease for the Leased Land which was effective
<br />on January 1, 1988, and would, absent this Lease, expire on July 1, 2006.
<br />(11) "Transferred" shall mean any sale, assignment, sublease or other transaction, other
<br />than an exempt transfer as defined in Paragraph 3.6(3), pursuant to which the right to
<br />possession of the premises and the right to sign a new lease identical to this Lease is
<br />transferred to another person.
<br />B. Rental Payments.
<br />Lessee shall pay annual rent in the sum of ��,_G-ti, k\�k"j �vh.,\vLA Fyg:l, 0o/, d$_ Z 0,240.00 ),
<br />payable at the rate of6yy ,,}�op�,aN �\r hu u,flk tiov",,in U71,0($ 1 L b L .107 ) per month. Lessee shall
<br />also pay, if applicable, deferred rent in the sum o p
<br />($ ) upon execution of this Lease. Rent shall -hall not circle one) be adjusted every
<br />seven (7) years after the date of transfer in accordance with provisions of Paragraph 3.6(4).
<br />Annual rent, deferred rent, and periodic adjustments are based upon the following:
<br />N01 -187371.V2 3 - 05/24/94