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county court judge.7 It was not until March 27, 2000, that KQC
gave TMC the bill of sale.
On December 31, 1999, Mr. Kaplan on behalf of KQC and Mr.
Villarreal on behalf of TMC executed an amendment to the April
21, 1997 lease (lease amendment). The lease amendment provided
in pertinent part:
WHEREAS, Lessor [KQC] and Lessee [TMC] did enter
into a lease agreement dated the 21 day of April, 1997
[April 21, 1997 lease] (hereinafter referred to as the
“Lease”) relating to a child care facility located in
Helena, Ohio (the “Project”); and
WHEREAS, simultaneously with the execution of this
Lease Amendment, the Lessor has conveyed all of its
rights, title and interest in and to the building and
all other improvements relating thereto which comprises
the Project; and
WHEREAS, the parties are desirous of modifying and
amending the Lease to reflect the transfer of the
ownership of the improvements from Lessor to Lessee.
NOW, THEREFORE, in consideration of the mutual
covenants and conditions, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto do
agree as follows:
1. Paragraph 1 of the Lease is hereby modified
and amended to reflect that the Demised Pre-
mises now shall include only the land upon
which the building and Improvements are lo-
cated.
2. The rent is hereby reduced to $437.50 per
month.
7As a result, there was no such person who certified Mr.
Kaplan’s acknowledgment of his signing the bill of sale on behalf
of KQC and who subscribed such person’s name to a certificate of
such acknowledgment.
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