|
r
<br /> 10r,-weir+ns, rhrnr,rrs or additions in said based pro•nri.-srs shall he mart, without first suhmillirr/; writlrn plans and
<br /> • -
<br /> slal•i;rnh.�•;. ;�>> for�nnrr
<br /> to Ili,- Lrssrr ruul ohhrinlrrg his umillrn rnnsr•nf In mnhr the saner. In the rural of anystlrh rrirrndr•ling,nllcrn-
<br /> tions Or o,GiIN."rs /hat Lrssrr• shall make Ihr sa»rr•at his own r.cprnsr and sheet!promplIv pay for all materials and lahar involvrd in
<br /> ma!r•,;fh. s r r,. l.r sir N4.r/l not permit tiny liras or rloinrs or drnurrrds of any ashen•to r•xisf against the Lrssrr or!hr bwxrd drrrmisrs.
<br /> • In the rn••;f arrV !fir•,• claim or demand or filly ortiorr for•enforcing thr srnn•shall be filed or nradr•un(tinsl the Lrssor or said prrmisrv,
<br /> flu 1 r:�s,r st,ail it,; 'Id fhr same of/firs otvt fir/Wase and I,r•ssr•r•herrhy agr•r•r:c to irrrlrnvrify and hold harrnhsa flu• Lr.ssor front any and fill
<br /> lial•rirh• or rif•rnsr arisirrl; by virtue of srrrh claim, demand or lira or flit, dr/ensr of any action filyd to enforce the mime. Any such
<br /> n1tenttions, rhant;r:S or additions shall, it-hen troadr, hrronrr a part of said leased prernisr•s and remain fhrrron rr.v tlrr proprrfy of the
<br /> Lessor fit flit' h•r mitralion of snit!Irasr of Nrr optinn of the lxssar. If the Lessor shall require the Lrssrr to restore the premises to the
<br /> original rendition in which if trots before this lease is rxrruted, then the Lessee shall restore said premise to such condition at his own
<br /> expense, and all of flit-provisions of this lrasr with reference to such restoration contracts, liens, demands and expenses shall npply to
<br /> said n•slorafion as urlt as flit-original alfrratinns.
<br /> F. To allrnr Lessor frrr arrrss to the premises for the purpose of examining or exhibiting the same and also to allow the Lessor to
<br /> place upon said prr•misrs, at ani, and all fimcs, "For Sale"signs, and within ninety (90) days of the termination of this lease"For
<br /> Rent" signs.
<br /> P. Lrssrr shall promptly pay and discharge all store license taxes and all general property taxes or special license fees that may
<br /> be assrssrd or levied by any lnt•ful aufhorif* against the prnprrty of Lessee or any sub-tenants on, against, or by virtue of the business
<br /> conductni in or on flit-demised prrnrisr:e during the term of this lease.
<br /> 10. Lrssrr•shall proazptly pay (in addition to the rents above specified) all water, sewerage,electric,power,gas and heating bills
<br /> taxed, levird,or charged against the premises for and during the term of this lease.
<br /> 11. Lessee covenants that should he make default in his agreement to pay the rent above provided to be paid, or any part thereof,
<br /> or in any of the other covenants and agreements herein contained, he will at once deliver peaceable possession of said premises to the
<br /> Lessor, and,failing to do so, it shall be lawful for the Lessor, his heirs or assigns, without notice,to declare said term ended,and to re-
<br /> enter said demised premises,or any part thereof,either with or without process of law,and to expel,remove and put out the Lessee,or any
<br /> person or persons occupying the same,using such force as may be necessary so to do,and to repossess and use said premises as before this
<br /> demise, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants,and Lessee
<br /> further covenants and agrees, that Lessor shall have, at all times, the right to dislrain for rent due, and shall have a valid and first lien
<br /> upon all property of Lessee whether exempt by law or not,as security for the payment of the rent herein covenanted to be paid.
<br /> 12. That after the service of notice,or the commencement of a suit,or after final judgement for possession of said premises, Lessor
<br /> may receive and collect any rent due and the payment of said rent shall not waive or affect said notice, said suit or said judgement.
<br /> 13. If the Lessee shall make any assignment for the benefit of creditors or if a receiver is appointed for the Lessee or his assets
<br /> or of the Lessee's interest under this lease,and if the appointment of such receiver is not vacated within five (5) days,or if a voluntary
<br /> or involuntary petition is filed by or against Lessee under the Bankruptcy Act,the Lessor may,upon giving the Lessee ten (10) days notice
<br /> of such election,either terminate Lessee's right to the possession of the demised premises or terminate this lease as in the case of a violation
<br /> by the Lessee of any of the terms, covenants or conditions of this lease.
<br /> 14.It is agreed by the parties hereto that in the event Lessee is declared bankrupt or voluntarily offers to creditors terms of composi-
<br /> tion or in case a receiver is appointed to take charge of and conduct the affairs of the Lessee,then Lessor shall have the right of immediate
<br /> possession of said premises.
<br /> 15. That in case said premises shall be so injured by fire,windstorm or other catastrophe as to be rendered untenantable,and shall
<br /> not be repaired by the Lessor and rendered tenantable within ninety (90) days thereafter, it shall be optional with either party hereto to
<br /> terminate the lease by written notice at the end of such ninety (90) days, in which case rent shall be paid at the agreed rate above provided
<br /> up to the time of such fire;but in case such injuries are repaired and the premises rendered tenantable within ninety (90) days, the right
<br /> to terminate the lease forsuch cause shall not exist;provided,that nothing herein contained shall relieve the Lessee from liability for rent
<br /> or damage where such damage or destruction shall be caused by the carelessness, negligence or improper conduct of the Lessee, his agents
<br /> or servants.
<br /> 16. It is expressly agreed that no waiver nor apparent waiver, nor the failure of Lessor to require strict performance of any
<br /> condition, covenant or agreement shall estop the Lessor from enforcing such condition, covenant or agreement, nor any other condition,
<br /> covenant or agreement shall at any time be implied.
<br /> 17.At the termination of this lcasc,•bv lap.j?of time or otherwise,Lessee will yield up immediate possession to Lessor,and failing
<br /> so to do, will pay as liquidated damages for each day such possession is withheld, a sum equal to five times the per diem rental;but the
<br /> provisions of this clause shall not be held as'n waiver by Lessor of any rights of re-entry as herein set forth; nor shall the receipt of
<br /> said rent or any part thereof,or anv other act in apparent affirmance of tenancy,operate as a waiver of the right to forfeit this lease and
<br /> the term hereby granted for the period still unexpired,for any breach of any of the covenants herein.
<br /> 18. It is also agreed that the Lessee shall pay and discharge all reasonable costs,attorney's fees and expenses that shall be made
<br /> and incurred by the Lessor in enforcing the covenants and agreements of this lease, including the agreement to deliver possession for any
<br /> reason herein provided; and all the parties to this lease agree that the covenants and agreements herein contained shall be binding upon,
<br /> apply and inure to their respective heirs, executors, administrators, successors and assigns, and the terms "Lessor" and"Lessee"shall
<br /> embrace all of the parties hereto irrespective of number or gender.
<br /> 19. It is agreed that all payments herein provided to be made shall be made without relief from valuation or appraisement laws,
<br /> and all payments required to be made which shall not be made at the time due shall bear interest at the rate of six per cent per annum
<br /> from date of delinquency.
<br /> 20. Clauses numbered '219 22s 239 24s 25, 26
<br /> are hereby incorporated in and made a part of this lease.
<br /> Dated this do of 19
<br /> Stater n��Ittd�fMa��S£�rJese p���.iOV�it��S>
<br /> rx/�7'G aiClt�lJtaVIY P�S�J;13�d•1fAll[n�.w.X..c/itAi0.{kIrY34v�/Onr1V/shr�V�tWJUff.YLrliKt�cfEn•SYN rV1./1.AtA2:1lf1lLAAJ XXXXll+A' Xxx
<br /> p�sait6�ly.�al�cnoed°.
<br /> odd"oultu}diWihsiuririctic,a'.o%'iJ�e,lan�nirigUeasc:l'ri pisrvlu�:t+t:6wHil�rciGtf9:+sobsS�rl�stl�t�'fi�t%A���i4�i��'Id i this
<br /> 1►���6rioi�sid6rticapiiwC:CiC1Uv:Xi�lXi:XX,�CX.f9:
<br /> This instrument was prepared by Thona.s Connaughton, Deputy Cit;r 1i . .n�, South 'Reril9, Ind,
<br /> Member of 8t.Joseph County Indiana Par A�soei n
<br />
|