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��� <br /> �Y ������ 1� �� �.J � ��� ��� � <br /> TNEAUGUfTIN[C0.1Y787 � - �� <br /> AgreeMent, hereby represent and warrant th�t (a) aIl of the terr.-�s, covenants and conditions on the <br /> p�.rt of the le�Gee to be performed to tne date hereof under the said lease agreement, h�-�ve been duly <br /> perforr.ied, and (b) all. of the ternG, coven�nta €�.nd conditions on the party of the Parfi:�;es of the <br /> Second Part to be performed to the date hereof uncler the said option agreement h€�ve been duly per- <br /> formed ( incZu�.ing,but not being limited to, the p�yment to be m�.de to Lloyd Th�mpson as recited <br /> I in such option a.greement) , and <br /> �IHEREA�, the Parties of tne Fir. st Par't desire to as�i�;n and tr�nsfer said Iease, an�. a.lso s�.id <br /> option a�reement, F�bove described, and trie Party of the Second Paz't desired to accept such assign- <br /> ment. <br /> NU�I, THEREFQRE, in conGiderat3on of the premise�, �nd of the covenants and agreements hereinafter <br /> a�reed to be kept ancl. perfc�rr�zed; <br /> THE PARTS�S OF THE FIriST PA�T AGREE: <br /> (1) To and they do hereby sell, ass i�;n, t r:nsfer and a et over unto the Party of the Second Part �.11 <br /> of their rig�it, title ��nd intere�t in and to the certain lease above described as bet��een William <br /> H.Thompson, lessor, and �lilliam Youngcl.^us, lesaee, under date of February 7th, 1935� tne s��.me having <br /> been subsequently assi�ned with the con.�ent of the les�or to the t�destern Theatre Enterprises, Incor- <br /> porated. <br /> (2� To and they do hereby sell, _as�ign, trr3,nsfE.r and set over unto the Party of the Second Part all <br /> r ement abo e de b am <br /> rtain o tion a e v scri ed s e <br /> of their right, title and interest in and to the ce p g , <br /> being executed on the �th day of September, A.D. 1.936, by and betv�een William H.Thompson and Nettle <br /> I,Thompson, his v��ife, as ov�ner�, �.nd William Youngclaus and the V�estern Theatre Enterprises, Incor- <br /> porated, �.s gr�.ntees, pertaining to the option to le�.se for a period of five years from and af ter <br /> the 31st d�.y of Au�ust A.D. , 19�+0, the property heretofore described. <br /> ( 3) To secure forth���ith fror� the now o�mers of said property, and tk�e no�v lessors under said Iease, <br /> and the no�� �z°.��,ntor s under s�,id option, �.nd approval in vrritin� of the as°ignments set forth ln <br /> (I) and (2) above and a etatement in nrriting confirming the representations �.nd warranties of tne <br /> Par�ies of the Fir�t Part as set forth in the preamble to this agreement, and to deliver such <br /> approv�.l ar�.c� staternent iarthr�ith to the Parties of tne Second Part. <br /> (t�) To and they he��eby agree not to remove any of the person�.I property located upon said premises <br /> without the written consent of th�= 2essors to said property, or the replacement thereof �hen so <br /> reno�red, of �roperty of a like and equal v�jlue, and during the term of the said lease and/or of the <br /> extension �eriod ( �f the said ontion be exercised) not to remove. any personal property without the <br /> consent of �he Party of the Second P art. <br /> i d �cribed a for the heat i ht and vaa r <br /> a o the of fice s ace here�naf ter e , p y , 1 te <br /> ( 5) To, as occupant� f p 6 <br />' u�ed in connect3.on there�ith. <br /> THE PA�'�mY 0�' THE SEC0�1D PART AGREES: <br /> (1) To and it does hereby asGurne and agree to perform commencinj as of th� c1�,te of' this agreement, <br /> aIl of the covenants of tize leasehold agreement heretofore described, on the part of the le��ee <br />� . <br /> thereunder. <br /> (2) To :-�nd it does hereby accept the assignment of the certain optional agreement, above speciPied, <br />, it being distinetly understood and agreed tilat no obligation of any kind or character is assumed by <br /> Second Party in the accept�.nce oP such as�ignment relative to any payment to one Lloyd Thompson, <br /> and it being further understood that the Parties of the First Part h�3.ve heretof'ore paid all sums <br /> due to the s�.id Llovd Thompson, �nd it being further under°atood that Party of the Second Part <br /> asaumes no responsibi].ity for inventories, specified in �aid option agreement, to be furni�hed. <br /> (3) To and it do�s herei�y gr�nt unto the P�.rtieG of the F31�st Part the right to occupy such sp€�.ce , <br /> • �,� is noc� occupied by s�.id Parties of the First Part in the premises covered by the said le�,se, <br />. for office purposes �.nd oPfice purposes �,Ione, during the bal�.nce oP the term of said Iease, or the <br />