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Exhibit 10.26    
  


 
 

LEASE AMENDMENT #4    
  


        This Amendment is dated for referenced purposes only August 19, 2002, by and between,  Marvin L. Oates, as
Trustee of the Marvin L. Oates Trust Dated March 7, 1995, as Amended and Restated December 20, 2001 as Lessor, and  overstock.com, a Utah corporation, as Lessee.



RECITALS  


        1.    The
Parties hereto have entered into a certain Lease ("LEASE") dated March 15, 2000, regarding promises described
therein as 955 South 3800 West, Suite 100, Salt Lake City, Utah 84104, consisting of approximately  109,725 square feet of warehouse space, including
approximately 1,500 square feet of office space. 



        2.    The
Parties amended the Lease with Lease Amendment #1 dated August 28, 2000 providing for temporary space and exercising tenant's option to lease the adjacent
space. Tenant's space was increased by 109,725 square feet, from 109,725 to 219,450 square feet, for a total of 175,560 square feet of termed space and 43,890 of month-to-month
space. 


        3.    The
Parties amended the Lease with Lease Amendment #2 dated November 12, 2001 converting the 43,890 square feet of month-to-month space to
termed space and voiding Lessee's right of first refusal. 


        4.    The
Parties amended the Lease with Lease Amendment #3 dated July 23, 2002 to expand the Premises by 43,890 square feet for one (1) year. 


        5.    The
Parties now desire to amend the Lease to expand the Premises by 43,890 square feet from August 20, 2002 through September 30, 2002. 


AGREEMENT  


        The parties agree as follows: 



        EXPANSION SPACE: Lessee shall Lease two (2) additional bays from August 20, 2002 through September 30, 2002 and in
accordance with the following terms and conditions: 


        A.    Premises: The two (2) bays immediately to the west of and adjacent to the Premises (see Exhibit A) 


        B.    Size: Premises shall expand by 43,890 square feet, from 263,340 square feet to 307,230 square feet 



        C.    Pro Rata Share: Lessee's pro rata share shall be increased by 12.39%, from 74.34% to 86.73% 


        D.    Expansion Space Commencement Date: August 20, 2002 


        E.    Expansion Space Expiration Date: September 30, 2002 


        F.    Rent Schedule: Effective August 20, 2002 monthly rent will be increased by $11,850.30 per month ($0.27
p.s.f.) NNN, from $77,685.30, to $89,535.60. Rent for the Expansion Space shall continue after September 30, 2002 and be subject to Paragraph 26 of the Lease until Lessee vacates the
Expansion Space and completes a walk-thru with the property management. 


        G.    Tenant Improvements: Lessor is not required to complete any tenant improvements in the expansion space. Lessee shall be
responsible for moving the fence which demises the Premises. 


        All
other terms and conditions of the Lease shall remain the same in full force and effect. 





 



        IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the day and year written below. 



	LESSOR:	 	LESSEE:
	

 	

 	
 	

overstock.com,

a Delaware corporation
	

By:	

/s/  MARVIN L. OATES      
 Marvin L. Oates

Trustee of the Marvin L. Oates Trust

dated March 7, 1995, As Amended and Restated December 20, 2001	
 	

By:	

/s/  JIM HYDE      
 Jim Hyde

Chief Operating Officer
	

Date:	

    
	
 	

Date:	

September 04, 2002





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Exhibit 10.26


LEASE AMENDMENT #4