- 7. Thr' no alterations, changes or additions.in said leased premises shall be made without first submitting written plans and
<br /> w •sptNtFeat''.S for the same to the Lessor and obtaining his written consent to make the same. In the event of any such remodeling,allera-
<br /> 1 tions or a;lditivrs Ghat Lessee shall make the same at his own expense and shall promptly pay for all materials rind labor involved in
<br /> making the sane. Lessee shall not permit any liens or claims or demands of any nature to exist against the Lessor ar the leased premises.
<br /> A fete ct•O."any lien, claim-or demand or any action for enforcing the swne shall be filed or made against the Lessor or said premises,
<br /> the Lessee shall d.•fend the same at his own expense and Lessee hereby agrees to indemnify and hold harmless the Lessor from any and all
<br /> liability' or expense arising by virtue of'such claim, demand or lien or the defense of any action filed to enforce the same. Any such
<br /> alterations, changes or additions shall, When made, &-conic a part of said leased premises and remain thereon as the property of the
<br /> Lessor at the termination of said lease at the option of the Lessor. If the Lessor shall require the Lessee to restore the premises to the
<br /> original condition in which it was before this lease is execuod, then the Lessee. shall restore said premise to such condition at his own
<br /> Cxpense,and all of the provisions of this lease with reference to such restoration contracts, liens, demands and expenses shall apply to
<br /> said restoration as troll as the original alterations.
<br /> S. To allow Lessor free access to the premises for the purpose of examining or exhibiting the same and also to allow the Lessor to
<br /> place upon said premises, at any and all times, "For Sale"signs, and within ninety (90) days of the termination of this lease"For
<br /> Rent"signs.
<br /> 9. Lessee shall promptly pay and discharge all store license taxes and all general property taxes or special license fees that may
<br /> be assessed or levied by any lawful authority against the property of Lessee or any sub-tenants on, against, or by virtue of the business
<br /> Conducted in or on the demised premises during the term of this lease.
<br /> 10.Lessee shall promptly pay (in addition to the rents above specified) all water,sewerage,electric,power,gas and heating bills
<br /> taxed, levied, or charged against the premises for and during the term of this lease.
<br /> I1.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 Mc 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 cotenants and agrees, that Lessor shall have, at all times, the right to distrain 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 /> i
<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 o such !
<br /> j 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
<br /> or servants. conduct of the Lessee,his agents i
<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, {t
<br /> covenant or agreement shall at any time be implied. !
<br /> 17.At the termination of this lease,by lapse 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 a waiver b Lessor o an rights o re-entry p f `
<br /> Y f Y g f ryas herein set forth; nor shall the receipt o E
<br /> said rent or any part thereof,or any other act in apparent affirmance of tenancy,operate as a waiver of the right to forfeit this lease and t'
<br /> the term hereby granted for the period still unexpired,for any breach of any of the covenants herein. }}
<br /> i �
<br /> IS. 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, t
<br /> apply land inure to their respective heirs, executors, administrators, successors and assigns, and the terms "Lessor"and "Lessee"shall 1
<br /> embrace all of the parties hereto irrespective of number or gender, f
<br /> 19. It is agreed that all payments herein provided to be made shall be made without relief from valuation or appraisement laws, t
<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 (a) , (b ) , (C) and (d) }
<br /> are hereby incorporated in and made a part of this lease. f
<br /> Dated this day of ' 1976 ' }
<br /> X Cu X 19W
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