2026-004277

Klamath County, Oregon
05/15/2026 08:39:01 AM
Fee: $122.00

After recording return to:

Diamond Solar Energy LLC
c/o Invenergy LLC

One South Wacker Drive
Suite 1500

Chicago, lllinois 60606
ATTN: Land Administration

THIS SPACE FOR RECORDERS USE ONLY

MEMORANDUM OF THIRD AMENDMENTTO SOLAR LEASE AND EASEMENT
AGREEMENT

Klamath County, State of Oregon

THIS MEMORANDUM OF THIRD AMENDMENTTO SOLAR LEASE AND EASEMENT
AGREEMENT is made, dated as of ( E) ia . a()QLQ . 2026, by and berween Shanda Asset
Management LLC, a Delaware limited liability company (together with its successors, assigns and heirs,
comprising “Owner”), whose address is 2735 Sand Hill Road, #140, Menlo Park, CA 94025, and Diamond
Solar Energy LLC, a Delaware limited liability company (together with its transferees, successors and
assigns, “Grantee”), whose address is One South Wacker Drive, Suite 1500, Chicago, IL 60606, and
memorializes that Owner and Grantee have entered into that certain Third Amendment to Solar Lease and
Easement Agreement dated effectiveQ3 - l &309 {#. 2026 (the “Third Amendment”), which
encumbers certain real property described on Exhibit A-1 and depicted on Exhibit A-2 attached hereto and
incorporated herein by this reference (the “Property”). Owner and Grantee are each sometimes referred
to in this Amendment as a “Party” or collectively as the “Parties.”

WITNESSETH:

WHEREAS, Owner and Grantee entered into that certain Solar Lease and Easement Agreement
dated August 23, 2019, as evidenced by that Memorandum of Solar Lease and Easement Agreement
(“Memorandum™) recorded in the Official Public Records of Klamath County, Oregon (“Official
Records™), on October 9, 2019, as Document #2019-011775, as amended by that certain First Amendment
to Solar Facility Ground Lease and Easement dated August 10, 2020, and recorded in the Official Records
on August 17, 2020, as Document #2020-010236, and as amended by that certain Second Amendment to
Solar Lease and Easement Agreement dated August 23, 2023, and recorded in the Official Records on
November 28, 2023, as Document #2023-010214 (collectively and as amended, replaced, restated, ratified,
supplemented, modified, and assigned, the “Agreement”).

WHEREAS, Grantee and Owner have amended the terms and conditions of the Agreement by the
Third Amendment and now desire to memorialize the fact that the Parties have entered into the Third
Amendment and to amend the original Memorandum.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Grantee and

Owner agree that the Memorandum shall be amended as follows:

1. Section 3 of the Memorandum is hereby deleted in entirety and replaced with the following:

4922-8653-0660:1

3. The Agreement shall be for an initial term of thirteen (13) years,
followed by a construction term of two (2) years, a first extended term of twenty-five (25)
years and a second extended term of twenty-five (25) years if the terms and conditions of
the Agreement are met.

2, This Memorandum of Third Amendment to Solar Lease and Easement Agreement does
not supersede, modify, amend or otherwise change the terms, conditions or covenants of the Third
Amendment, and Owner and Grantee have executed and are recording this instrument for the purposes set
forth herein and for providing constructive notice of the Third Amendment and Grantee’s rights thereunder.
The terms, conditions and covenants of the Third Amendment are set forth at length in the Third
Amendment and are incorporated herein by reference as though fully set forth herein. This instrument shall
not, in any manner or form whatsoever, alter, modify or vary the terms, covenants and conditions of the
Agreement.

3. This Memorandum of Third Amendment to Solar Lease and Easement Agreement shall
also bind and benefit, as the case may be, the heirs, legal representatives, assigns and successors of the
respective Parties hereto, and all covenants, conditions and agreements contained herein shall be construed
as covenants running with the land to the extent where consistent with applicable law.

4, This Memorandum of Third Amendment to Solar Lease and Easement Agreement may be
executed in counterparts, each of which shall be deemed an original and all of which when taken together
shall constitute one and the same document.

[SIGNATURE AND ACKNOWLEDGMENT PAGES TO FOLLOW]

4922-8653-0660
IN WITNESS WHEREOF, the Parties, acting through their duly authorized representatives. have
executed this Memorandum of Third Amendment (o Solar Lease and Easement Agreement with the intent
that it be effective as of the date set forth above.

OWNER: GRANTEE:
Shanda Asset Management LLC, Diamond Solar Energy LLC,
a Delaware limited liability company a Delaware limited liability company

B

B By

Name: A;(}GJ\ M??fi? Name: WM(W

Title: {).reahar Tomber Opetarens Title: A\f“'/\vo/\%f.)\ g‘?m

SIGNATURE PAGE TO MEMORANDGUM OF THIRD AMENDMENT TO SOLAR LEASE AND EASEMENT AGREEMENT
4922-8653-066041

ACKNOWLEDGMENT OF OWNER

STATE OF OREGON )
) SS.
COUNTY OF DESCHUTES )

On this ‘Q A day of M?t{_?a_, in the year 2026, before mebj?gn?j?; whose identity
is personally known to me (or proved onthe basis of satisfactory evidence) and whd by me duly

sworn/affirmed, did say that he/she is thtbi[?dn_c_ of Shanda Asset Management LL.C, and that the

document was signed by him/her in said capacity on behalf of the limited liability company.

L
5

32

i/  COMMISSION NO, 1040603 Notary Pubft, State of

£ ' Yo o0
MY COMMISSION EXPIRES SEPTEMBER 20,2027 My Commission Expiré?m_g , 9037

OFFICIAL 3TAMP (SEAL)
MEGAN MARIE PARKER
NOTARY PUBLIC-OREGON NamE'M

ACKNOWLEDGMENT OF GRANTEE

STATE oF (olorpndo )

) SS.
COUNTY OF penver” )

This instrument was acknowledged before me on this Zam'day of ?gn'\ , 2026, by
Lawga Winer” who executed the foregoing instrument as ed Siguadtd

of Invenergy LLC, Manager of Diamond Solar Energy LLC, and acknowledged the same.

(SEA

KRISTEN EVANGELISTA SIMBOLON

NOTARY PUBLIC Name:
State of Colorado : -
Notary ID & 20234010685 Notary Public, State of {* plovad o
My Commissicn Explres 03/20/2027

My Commission Expires: Q&{ 20 ’ 2021

ACKNOWLEDGMENT PAGE TO MEMORANDUM OF THIRD AMENDMENT TO SOLAR LEASE AND EASEMENT AGREEMENT
4922-8653-0660
EXHIBIT A-1
TO
MEMORANDUM OF THIRD AMENDMENT TO SOLAR LEASE AND
EASEMENT AGREEMENT

Description of the Property

That certain real property situated in Klamath County, State of Oregon, encompassing approximately 1,560 acres
of land, located within the following sections situated in Township 29 South, Range 7 East of the Willamette
Meridian:

Section 10 - SY:SViSEY4

Section 11 —E'4, E/aW', and S¥:SWY.SWY4

Section 12 ~WYANEY,, NW'4, NVANEVS WY, WY/SWY4, and NAINWYSEY4

Section 13 — W/ANW' and NW/SWY%

Section 14 —N': and N%:S's

Section 15 —NEY and NY:SEY4

Being a portion of Parcel 1 of Land Partition 44-05 and a portion of that certain tax parcel designated as APN R-
2907-00000-01100-000.

EXHIBIT A-1 TO MEMORANDUM OF THIRD AMENDMENT TO SOLAR LEASE AND EASEMENT AGREEMENT
4922-8653-0660\]

EXHIBIT A-2
TO
MEMORANDUM OF THIRD AMENDMENT TO SOLAR LEASE AND
EASEMENT AGREEMENT

Depiction of the Property

EXHIBIT A=2 T0O MEMORANDUM OF THIRD AMENDMENT TO S0LAR LEASE AND FASEMENT AGREEMENT

4922-8653-066041