6. HRSR 12-04-2006 - Laserfiche WebLink

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EXHIBIT D FORM OF ESTOPPEL CERTIFICATES TENANT ESTOPPEL CERTIFICATE (B&B Automotive, Inc./O'Reilly Automotive, Inc.) To: The Housing and Redevelopment Authority in and for the City of Elk River 13065 Orono Parkway Elk River, MN 55330 Subject: September 26, 2003 lease between the Houlton Investment Company, and B&B Automotive, Inc. as modified by Lease Modification Agreement dated June 13, 2006 between the Houlton Investment Company and O'Reilly Automotive, Inc. O'Reilly Automotive, Inc. is making the statements set forth below with the knowledge and understanding that the Housing and Redevelopment Authority of the City of Elk River will rely on the accuracy of such statements in connection with its decision to purchase the real property legally described on the attached Exhibit A from the Houlton Investment Company. 1. O'Reilly Automotive, Inc. is the current "Tenant" under that certain Lease between the Houlton Investment Company and B&B Automotive, Inc. dated September 26, 2003, as modified by that certain Lease Modification Agreement between the Houlton Investment Company and O'Reilly Automotive, Inc. dated June 13, 2006. 2. The Lease is in full force and effect and, except for the Lease Modification Agreement dated June 13, 2006, the Lease has not been modified or amended. 3. O'Reilly Automotive, Inc. acknowledges and agrees that the Lease Term expires on September 30, 2007; that O'Reilly Automotive, Inc. has no right or option to extend the term of the Lease or to enter into a new lease for the premises; and that O'Reilly Automotive, Inc. has no right to purchase, option to purchase, right of first refusal, or right of first offer with respect to the purchase of all or any part of the property that is subject to the premises. 4. The base rent due under Section 4 of the Lease is $3,750 per month and the amount that Tenant is currently obligated to pay Landlord pursuant to Section 5 of the Lease is $ per month. O'Reilly Automotive, Inc. agrees that the amounts that it has paid to the Houlton Investment Company pursuant to Section 5 of the Lease accurately reflect the amount of real estate taxes, assessments and insurance premiums the Houlton Investment Company has paid with respect to the leased premises and O'Reilly Automotive, Inc. acknowledges and agrees that O'Reilly Automotive, Inc. is not entitled to any refund, credit or set-off of amounts paid to the Houlton Investment Company under Section 5 of the Lease. 1941727v7 I~-1