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Exhibit 10.28
SECOND LEASE AMENDMENT AGREEMENT
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AMERICAN CONSUMERS, INC.
D/B/A SHOP-RITE SUPERMARKET
CHATSWORTH SHOPPING CENTER
THIS SECOND LEASE AMENDMENT AGREEMENT (hereinafter called the
"Agreement")
made and entered into this 30th day of November 2007 by and
between CHATSWORTH
HOLDINGS, LLC, A GEORGIA LIMITED LIABILITY COMPANY (hereinafter
called the
"Landlord") and AMERICAN CONSUMERS, INC., D/B/A SHOP-RITE
SUPERMARKET
(hereinafter called the "Tenant");
W I T N E S S E T H :
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WHEREAS, by Lease dated April 29, 1988 and amended by a First
Lease
Amendment Agreement dated March 19, 2003 (hereinafter
collectively called the
"Lease"), Landlord leased to Tenant those certain premises
(hereinafter called
the "Premises") situated at 920 North Third Avenue, Suite B,
Chatsworth, Murray
County, Georgia 30705 as more particularly described in the
Lease;
WHEREAS, Landlord and Tenant now desire to amend the Lease so as
to extend
the Term thereof and to make other changes as set forth herein
below.
NOW THEREFORE, for valuable consideration paid by each of the
parties to
the other, receipt of which is hereby acknowledged, it is agreed
between the
parties as follows:
1. The foregoing recital of facts is hereby incorporated herein
to
the same extent as if hereinafter fully set forth. Capitalized
terms
not otherwise defined herein shall be defined in accordance with
their
meaning in the Lease. In the event of any inconsistency or
conflict
between the terms of this Agreement and of the Lease, the terms
hereof
shall control. This Agreement together with the Lease contain
the
entire agreement of the parties with respect to the subject
matter
hereof and no representations, inducements, promises or
agreements,
oral or otherwise, between the parties not embodied herein shall
be of
any force or effect.
2. The Lease Term for the Premises is hereby extended for a
period
of five (5) additional years commencing May 1, 2008 and expiring
on
April 30, 2013.
3. The monthly rent shall be as follows:
<TABLE>
<CAPTION>
Total Base Rent,
Landlord's Operating Landlord's Operating Costs
Base Rent Costs & Insurance, & Insurance Charges
Term Monthly Charges Monthly* Monthly
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