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<br />4. In IL•aw said premises, Or any part (hereof, or the whole ofthe building
<br />of tvhichNtc% are a part, shall be taken by right of eminent domain or by other
<br />, uthority of law after the execution hereof or during the continuance of this
<br />(case, said 1: rse may, at the election of Lessor, be thereby terminated; and
<br />any anil all Maims and demands for damages or on account of any such
<br />taking shall he, and the same hercbyareassigncd by Lessee to Lessor. Incase
<br />this lease or anvextension thereof is not so terminated, Lessorshall neverthe-
<br />less be entitled to an assignment by Lessee of all claims and demands for
<br />damages or on account of any such taking, which said claims and demands
<br />shall be, and [lie same hereby are, assigned by Lessee to Lessor.
<br />S. If Lessee neglects or fails to perform or observe any of the covenants
<br />contained in this (case on the part of Lessee In be performed or observed, or if
<br />Lessee shall be declared bankrupt or insolvent according to law, or if any
<br />receiver or receivers of the property of Lessee be appointed, or if any assign-
<br />ment shall he made of Lessee's property for the benefit of creditors, or if the
<br />estate hereby created shall be taken on execution or by other process of law,
<br />then and in any of said cases (no(wi(hstanding any license or waiver of any
<br />former breach of covenant, or waiver of the benefit thereof, or consent in a
<br />former instance) Lessor lawfully may immediately, orat any time thereafter,
<br />said without demand or notice, enter into or upon the said premises, or any
<br />part thereof, in the name of the whole, and repossess the sonic as of their
<br />N former estate,anythingherein totile contrary notwithstanding, and expel the
<br />41 Lessee and those claiming through or wider Lessee and remove their effects
<br />cd (forcibly if necessary), and, if it elects, may store the same for the account and
<br />.,q at (lie cxpensc and risk of I.essce, without beingdecrned guilty of any manner
<br />1+ of trespass and without prejudice (o any remedies which might otherwise be
<br />used for arrears of rent or preceding breach of covenant; and, upon entry as
<br />u aforesaid, (his lease shall4le4emviome; and 1-essec hereby expressly waives the
<br />x service of any notice in writing of intention to re-enter as aforesaid. And
<br />Lessee covenants that, in case of such termination, Lessee will indemnify
<br />Lessor against all loss of rents and other paynten(s which Lessor may incur
<br />by reason of such termination during the residue of the time first above
<br />specified for the duration of said term.
<br />6. Incase of Ilie eviction of Lessce or in case of the Icrntination oft his lease
<br />or any extension thereof, for any cause whatsoever, Lessor may, without
<br />prejudice Loony other rights by law or hereby given it, immediately recover of
<br />I.essee the pro rota rent up to the time of eviction or Ierrnino(ion, irrespective
<br />Of the periods Ifercin prescribed for the payment of rent.
<br />7. In 111e etenl Lcs%cc shall vacate said premises during [tic term of this
<br />lair, I.c"Or may, at its option, wilhouf terminating this (case, enter inlosaid
<br />premises and rc•lc( the sonic for file account of I-e%scc for such rent .and upon
<br />such term% n% Lessor shall appro%c; and, if a sufficient surn shall not he thus
<br />reali?cr.l manlhly(afler paying the expenses of such re-Icilingand of collecting
<br />the rent accruing from such re -letting) to satisfy (he monthly rent as provided
<br />to he paid b% Lessce, then Lessee will satisfy and pay such deficiency upon
<br />demand monthly.
<br />K. I.c%%nr %hs►II not be rc"pon%ible or liable to Lessee, either for damage or
<br />ofher vvi%c, in the event said building, by ten%on of latent structural defects or
<br />ialcnt "cakncssc%, or because of file shifting,crosion, weakening ordisirt(cgra-
<br />liOn of the earth, soil, sand, rock or other material consliluling the foundation
<br />"herein Laid building resit or which supports the same, or by reason ninny
<br />Other cau"c becomes or is declared by any public aulhority In be unfit or
<br />unsafe for Occupancy. and upon the happening of any such event or events,
<br />(.cv%or mat and it hereby is fullyentpowcred and auiftoritcd to terminate this
<br />lease. Such right Of termination shall be exerci%rd by Lessor by gi%ing to
<br />Le -tee ttritten notice fir lerrnination ►which shall be served a% provided in
<br />parAgiaph Nine under Altuuol Cmenants of This Iai"c. Ilpon "crvice of such
<br />notice. Uric lease %hall terminate it, all intents and purpotc% and "ith like
<br />forccand effect n% if this leatc had by it% lrnn% hccn made to terminate on fhc
<br />day notice is %crud; provided, however, that I.eswc shall hate a reasonablr
<br />lime within"hich to remote hit property farm thr dcrnixed premises Manny
<br />Occupancy of -..aid prerni%e% offer sefvicc Of such notice shall be at Letxec's
<br />%Ole risk.
<br />4 All notices from I,e%u+r to I.es"ee rctluircd Or perrnilled to be gt%en here•
<br />under shall he deemed dul) scr%ed if left at tfre leased prenri%cs a, dressed to
<br />I.C'Me. Or if gi%cn by registered mail addre%%rd to I c%%ce a1 said premise%,
<br />and all notice" hereunder front Lettce to Lcstor %hall he deposed duty %cited
<br />if tell at Let%or'% Office Or gi%rn by registered mail addrested to Lessor at its
<br />said office It %cr%irc i% hV mail, the %imc t+r %cr%ice %hail he the time when the
<br />notice i% dep i%ited in t)tc mail
<br />10, It it agrrrd And undct%tood flint the wale# alit) sc%%r# charge% will be
<br />apportioned liviucen file occupant%ut file entire ttrt►clurr till a %quart foot
<br />batf%(if occupancy, and the t c%%cr "hall pay hit proportionn[c %hare (hereof,
<br />t%itltin'bill) t"O) days of rc#tdcring lit Any hill Ity "proportionate share" is
<br />OPTIO TO RENEW: In consideration of
<br />is hereby granted nn option to renew
<br />years, from tiny 1, 1990 subject to t
<br />meant as hereinafter 16d. The Lessor, however, reserves the right to install
<br />separate meter for Lessee and at that time the Lessee shall pay for its own use
<br />of water and sewer. If the loading dock used by the Lessee, is not used in
<br />common with other tenants of the building, then Lessee shall be solely
<br />responsible for maintenance, repair, of the Dock, steps, ifany, and overhead
<br />dock door.
<br />11. h is agreed and understood that the Lessee shall have the right to use
<br />the loading dock adjoining the demised premises and that whenever said load-
<br />ing dock is used in common with other tenants, that the Lessee will not use
<br />said dock so as to interfere with the free access of said dock to other users
<br />thereof. The cost of maintenance of said loading dock shall be shared on a
<br />proportionate basis of square foot rented area, with the other occupants of
<br />said structure. By "proportionate share" is meant as hereinafter defined.
<br />12. It is agreed and understood that when landscaping has been provided
<br />by Lessor, Lessee will care for said landscaping adjoining or near the demised
<br />premises. If lessee fails to care for said landscaping. Lessor may do the
<br />necessary work to repair and maintain said landscaping and Lessee shall
<br />reimburse the Lessor for the expense incurred by Lessor upon submission of
<br />bill of costs incurred by Lessor.
<br />13. When Lessor has provided a "sprinkler system" in the demised area,
<br />Lessce agrees to keep the appliances thereto in the demised premises in repair
<br />and good working condition; and if the Fire Underwriters Inspection
<br />Bureau, or any bureau, department, or official, of city government, or of the
<br />State, shall require, or recommend, that any changes, modifications, altera-
<br />tions, or additional sprinkler heads or other equipment, shall be made, or
<br />supplied, by reason of Lessee's business, or the location of partitions, trade
<br />fixtures, or other contents of cite demised premises, or if such changes,
<br />modifications, alterations, additional sprinkler heads, or other equipment, in
<br />(Ise dcmised premises shall be necessary to prevent the imposition of a
<br />penalty, or charge, against the full allowance fora sprinkler system in the fire
<br />insurance rate as fixed by the Bureau, or by any fire insurance company, the
<br />Lessee shall, at the Lessee's own expense, promptly make and supply such
<br />changes, modifications, alterations, additional sprinkler heads, or other
<br />equiprttcnl. Lessce also ngrces to pay its proportionnte share of any standby
<br />charge or service charge, or -Any other charge made by a city, village or
<br />municipality forsuch service. "proportionate share" is as hereinafter defined,
<br />14. The lessee shall have the right to use, in common with other tenants
<br />of said building, the parking lot and loading nrca provided for by the Lessor.
<br />The ninintenance of the parking lot and loadingaren, including snow remov-
<br />al,cleaning and repairs, bill not limited thereto, shall be paid for by Lessee
<br />and of her users, based on n proportionate share. By"proportionate share" is
<br />meant as hereinafter defined.
<br />IS. Whenever the demised premises are serviced by a railroad under an
<br />industrial track agreement and under a private road crossing permit, and
<br />there is a cost to the Lessor for rental of said private road crossing permit and
<br />there is a maintenance cost for said track and private road crossing, the
<br />Lessee ngrces to pay to the Lessor, whenever billed, its"proportionate share"
<br />of said costs. fly "proportionate share" is meant as hereinafter defined.
<br />Whereas in said private road crossing permit and industrial track agree•
<br />poem, the Lessor has agreed Io save harmless the railroad from any and all
<br />liability, by virtue of the operation and maintenance of said private track and
<br />pfi%ate road cros%inf, NOW. TIIEREFORE, the Lessce agrees that it will
<br />cause its public liability policy to he endorsed whereby the Lessee in turn
<br />agrees to save harmless the Lessor and the railroad by virtue of said liability.
<br />16, fly "ptupartionate share" whenever used in this se, it is meant that
<br />the Lessee $hall pay its share. based on the number „i square fret of lite
<br />demised premises as against the total number of square legit in the enilre
<br />structure of which the demised premises are a part of.
<br />17, 1 We is an essential pail hereof. All the cotenants, terms, and condi-
<br />tions of this lease shall extend and apply to and firmly bind the heirs, legal
<br />tMescmlolive%, successors and assigns of the respective parties hereto ns fully
<br />as 'Ile respccli%c parties are themselves bound, but this provision shall not
<br />authn#ire the assigning or the subletting by Lessee of this lease or the leased
<br />premise% contrary to the pro%isions hereinabove contained,
<br />Ifs. WAI%1FR01'SI► ROGAiION: Lessor and Lessee hereby agree that
<br />ncil her %hall he Gable to the other for loss arising out of damage to or destruc-
<br />tion of the dernised premises, or the eontenls thereof, "hen such loss is caused
<br />by any of the perils included within a standard Fire A Extended Coverage
<br />insurancc form, l ilia agreement shall be binding on %%hether or not such loss.
<br />dantogc or destruction be caused by the negligence orelther lessor or Lessee,
<br />nr itsagertts, servants Or CITIPI •ecs and further.nny and all Right of Subtoga•
<br />%ion by any insurance carrier is hereby waived.
<br />the execution of this lease, the Lessee
<br />this lease for n further term of five (S)
<br />Ile following conditions:
<br />A. That it notify the Lessor, in writing, by Reg
<br />Flail,istered or Certified
<br />option. not later than January 1, 1990 of its intent to exercise its
<br />B. That all of the other terms and conditions of the lease shrill he
<br />applicable in all respects during the extended term, if option is
<br />exercised.
<br />I he nttilehed rider, when signed by all parties, consisting of .....71..
<br />pa f,e is specificnll} rnadr n grips hereof.
<br />signed, scaled and delivered in presence of:
<br />FAIRVIEW DEVELOPMENT CO., INC.
<br />Steven D. Roberts, President (SEAL]
<br />ISEAL] STEPHENS LIQUOR STORE, INC. [SEAL]
<br />By: �t-j
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