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<blockquote data-quote="Pioneer~Saturn" data-source="post: 5078277" data-attributes="member: 569334"><p>23. Should Lessor at any time terminate this lease under Lessor's express rights set forth in this Lease for any breach, Lessor may, in addition to any other remedy it may have, recover from Lessee all damages incurred by reason of the breach, including the cost of recovering the Premises.</p><p></p><p>24. Redelivery of Premises. Lessee agrees to redeliver to Lessor the physical possession of the Premises at the end of the term of this Lease, or any extension of this Lease, in good condition, excepting reasonable wear and tear, and damage by fire or from any other cause not attributable to the willful or negligent act of the Lessee, or its employees, agents, invitees, or visitors.</p><p></p><p>25. Holding Over. Any holding over after the expiration of the term of this lease shall be deemed to constitute a tenancy from month to month only, and shall be on the same terms and conditions as specified in this Lease, so far as applicable. Lessee must give sixty (60) days written notice of intent to vacate.</p><p></p><p>26. Attorneys' Fees. If either party is required to place the enforcement of all or any part of this Lease, the recovery of possession of the Premises, or damages in the hands of an attorney, or if legal proceedings are commenced by either party against the other party to protect or enforce rights or obligations under this Lease, the prevailing party, whether as Plaintiff or Defendant, shall be entitled to recover its reasonable attorneys' fees and costs.</p><p></p><p>27. Time of Essence. Time is of the essence in this lease.</p><p></p><p>28. Mutuality. All covenants and conditions in this Lease are mutually dependent.</p><p></p><p>29. Option to Renew. Lessee is hereby given an option to renew this lease for an additional term of one (1) year by giving Lessor written notice on or before ninety (90) days before the expiration of the primary term of this lease. The renewal lease is to be upon the same terms, covenants, and conditions contained in this Lease except as to Rent as provided in Paragraph 3 above.</p><p></p><p>30. Lessor's Signs. Lessor reserves the right for itself or its agents to install a sign designating the Parcel for sale or for lease, and to show the space to a prospective tenant.</p><p></p><p>31. Lessee Deposits. Lessor acknowledges that it has possession of a deposit in the amount of ONE HUNDRED DOLLARS $100, deposited by Lessee.</p><p></p><p>32. Lessor agrees that the deposit shall, upon commencement of the term of this new Lease, constitute the deposit which shall be held during the term of this Lease by Lessor as security for the performance by Lessee of its obligations under this Lease.</p><p></p><p>a. In addition, on the first day of the commencement of the term of this Lease, Lessee shall pay all or a prorated portion of the first month's rent in advance, as provided above.</p><p></p><p>b. That deposit shall be held by Lessor, without obligation for interest, as security for the performance of Lessee's covenants and obligations under this Lease, it being expressly understood and agreed that the deposit is not an advance rental deposit except to the extent Lessor applies it as such after the notice required below, or a measure of Lessor's damages in case of Lessee's default.</p><p></p><p>c. The deposit shall not be considered liquidated damages, and if claims of Lessor exceed the deposit, Lessee shall remain liable for the balance of the claim.</p><p></p><p>d. On the occurrence of any event of default, and after the time for cure has elapsed without cure by Lessee, as stipulated in this Lease agreement, Lessor may, from time to time, without prejudice to any other remedy provided in this Lease or provided by law, after five (5) days prior written notice to Lessee of Lessor's intent to do so, specifying the cause and the amount, use a portion of that fund, to the extent necessary to make good any arrears of rent and any other damage, injury, expense or liability caused by the event of default specified in such notice.</p><p></p><p>e. If any portion of the deposit is so used or applied, Lessee shall, within five (5) days of written demand, deposit cash with Lessor in an amount sufficient to restore the security deposit to its original amount, and Lessee's failure to do so shall constitute a default of this lease.</p><p></p><p>f. If Lessee is not then in default under this Lease, any remaining balance of the deposit shall be returned by Lessor to Lessee on demand, within thirty (30) days after the termination of this lease agreement.</p><p></p><p>33. Subordination. This lease is subject and subordinate to all mortgages and deeds of trust which may now or hereafter encumber the Garage, Parcel, or any appurtenances thereto, or any leases, renewals or modifications related thereto. This clause shall be self operative and no further instruments of subordination shall be required in order for this clause to be effective. Lessee hereby agrees to execute, within ten (10) days of a request, any and all reasonable instruments in writing required by Lessor or any lender to subordinate Lessee's rights acquired by this Lease in accordance with this clause.</p><p></p><p>34. Transfer By Lessor. The term "Lessor" shall mean only the owner for the time being of the Garage and Parcel, and in the event of a transfer by that owner of its interest in the Garage or Parcel, the owner shall be released and discharged from all covenants and obligations of the Lessor thereafter accruing, but such covenants and obligations shall be binding during the lease term on each new owner, and their successors and assigns for the duration of this lease.</p><p></p><p>35. Landlord's Lien. Lessor shall have at all times a valid lien for all rentals and other sums of money becoming due under this Lease from Lessee, subject to any purchase money liens or security interests outstanding from time to time to third parties, on all goods, wares, equipment, fixtures, furniture, and other personal property of Lessee, other than Lessee's lighted sign, situated on and in the Premises, and after notice of default is given by Lessor such property shall not be removed from the premises without the consent of Lessor until all arrearages in rent as well as any and all other sums of money then due to Lessor under this Lease shall first have been paid and discharged.</p><p></p><p>a. Lessee hereby grants a security interest, subject to any purchase money liens or security interests executed by Lessee outstanding from time to time to third parties, in that personal property, and the lien hereby granted may be foreclosed in the manner and in the form provided by law for foreclosure of a security interest under the Uniform Commercial Code of the State of Ohio, or in any other manner and form provided by law.</p><p></p><p>b. The statutory lien for rent is not hereby waived, but the express contractual lien herein granted is in addition and supplemental thereto.This instrument is executed as of the above date in multiple counterparts, each of which shall constitute an original.</p><p></p><p>________________________</p><p></p><p>________________________</p><p></p><p>LESSEE</p><p></p><p>________________________</p><p></p><p>________________________</p><p></p><p>LESSOR</p><p></p><p>State of ____________</p><p></p><p>County of ____________</p><p></p><p>This instrument was acknowledged before me on ____________________ by</p><p></p><p>______________________________________________________________.</p><p></p><p>______________________________________</p><p></p><p>Notary Public, State of __________</p><p></p><p>______________________________________</p><p></p><p>Notary's typed or printed name</p><p></p><p>My commission expires:__________________</p><p></p><p>Does everything look straight with you guys?</p><p></p><p>Your time is much apprecaited</p><p></p><p>Thanks //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif</p></blockquote><p></p>
[QUOTE="Pioneer~Saturn, post: 5078277, member: 569334"] 23. Should Lessor at any time terminate this lease under Lessor's express rights set forth in this Lease for any breach, Lessor may, in addition to any other remedy it may have, recover from Lessee all damages incurred by reason of the breach, including the cost of recovering the Premises. 24. Redelivery of Premises. Lessee agrees to redeliver to Lessor the physical possession of the Premises at the end of the term of this Lease, or any extension of this Lease, in good condition, excepting reasonable wear and tear, and damage by fire or from any other cause not attributable to the willful or negligent act of the Lessee, or its employees, agents, invitees, or visitors. 25. Holding Over. Any holding over after the expiration of the term of this lease shall be deemed to constitute a tenancy from month to month only, and shall be on the same terms and conditions as specified in this Lease, so far as applicable. Lessee must give sixty (60) days written notice of intent to vacate. 26. Attorneys' Fees. If either party is required to place the enforcement of all or any part of this Lease, the recovery of possession of the Premises, or damages in the hands of an attorney, or if legal proceedings are commenced by either party against the other party to protect or enforce rights or obligations under this Lease, the prevailing party, whether as Plaintiff or Defendant, shall be entitled to recover its reasonable attorneys' fees and costs. 27. Time of Essence. Time is of the essence in this lease. 28. Mutuality. All covenants and conditions in this Lease are mutually dependent. 29. Option to Renew. Lessee is hereby given an option to renew this lease for an additional term of one (1) year by giving Lessor written notice on or before ninety (90) days before the expiration of the primary term of this lease. The renewal lease is to be upon the same terms, covenants, and conditions contained in this Lease except as to Rent as provided in Paragraph 3 above. 30. Lessor's Signs. Lessor reserves the right for itself or its agents to install a sign designating the Parcel for sale or for lease, and to show the space to a prospective tenant. 31. Lessee Deposits. Lessor acknowledges that it has possession of a deposit in the amount of ONE HUNDRED DOLLARS $100, deposited by Lessee. 32. Lessor agrees that the deposit shall, upon commencement of the term of this new Lease, constitute the deposit which shall be held during the term of this Lease by Lessor as security for the performance by Lessee of its obligations under this Lease. a. In addition, on the first day of the commencement of the term of this Lease, Lessee shall pay all or a prorated portion of the first month's rent in advance, as provided above. b. That deposit shall be held by Lessor, without obligation for interest, as security for the performance of Lessee's covenants and obligations under this Lease, it being expressly understood and agreed that the deposit is not an advance rental deposit except to the extent Lessor applies it as such after the notice required below, or a measure of Lessor's damages in case of Lessee's default. c. The deposit shall not be considered liquidated damages, and if claims of Lessor exceed the deposit, Lessee shall remain liable for the balance of the claim. d. On the occurrence of any event of default, and after the time for cure has elapsed without cure by Lessee, as stipulated in this Lease agreement, Lessor may, from time to time, without prejudice to any other remedy provided in this Lease or provided by law, after five (5) days prior written notice to Lessee of Lessor's intent to do so, specifying the cause and the amount, use a portion of that fund, to the extent necessary to make good any arrears of rent and any other damage, injury, expense or liability caused by the event of default specified in such notice. e. If any portion of the deposit is so used or applied, Lessee shall, within five (5) days of written demand, deposit cash with Lessor in an amount sufficient to restore the security deposit to its original amount, and Lessee's failure to do so shall constitute a default of this lease. f. If Lessee is not then in default under this Lease, any remaining balance of the deposit shall be returned by Lessor to Lessee on demand, within thirty (30) days after the termination of this lease agreement. 33. Subordination. This lease is subject and subordinate to all mortgages and deeds of trust which may now or hereafter encumber the Garage, Parcel, or any appurtenances thereto, or any leases, renewals or modifications related thereto. This clause shall be self operative and no further instruments of subordination shall be required in order for this clause to be effective. Lessee hereby agrees to execute, within ten (10) days of a request, any and all reasonable instruments in writing required by Lessor or any lender to subordinate Lessee's rights acquired by this Lease in accordance with this clause. 34. Transfer By Lessor. The term "Lessor" shall mean only the owner for the time being of the Garage and Parcel, and in the event of a transfer by that owner of its interest in the Garage or Parcel, the owner shall be released and discharged from all covenants and obligations of the Lessor thereafter accruing, but such covenants and obligations shall be binding during the lease term on each new owner, and their successors and assigns for the duration of this lease. 35. Landlord's Lien. Lessor shall have at all times a valid lien for all rentals and other sums of money becoming due under this Lease from Lessee, subject to any purchase money liens or security interests outstanding from time to time to third parties, on all goods, wares, equipment, fixtures, furniture, and other personal property of Lessee, other than Lessee's lighted sign, situated on and in the Premises, and after notice of default is given by Lessor such property shall not be removed from the premises without the consent of Lessor until all arrearages in rent as well as any and all other sums of money then due to Lessor under this Lease shall first have been paid and discharged. a. Lessee hereby grants a security interest, subject to any purchase money liens or security interests executed by Lessee outstanding from time to time to third parties, in that personal property, and the lien hereby granted may be foreclosed in the manner and in the form provided by law for foreclosure of a security interest under the Uniform Commercial Code of the State of Ohio, or in any other manner and form provided by law. b. The statutory lien for rent is not hereby waived, but the express contractual lien herein granted is in addition and supplemental thereto.This instrument is executed as of the above date in multiple counterparts, each of which shall constitute an original. ________________________ ________________________ LESSEE ________________________ ________________________ LESSOR State of ____________ County of ____________ This instrument was acknowledged before me on ____________________ by ______________________________________________________________. ______________________________________ Notary Public, State of __________ ______________________________________ Notary's typed or printed name My commission expires:__________________ Does everything look straight with you guys? Your time is much apprecaited Thanks [IMG]//content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif[/IMG] [/QUOTE]
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