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<br /> ercisina of this option, provided, that if the parties are unable
<br /> to agree on the rental to be -paid, such rental snail be fixed by
<br /> three (3) real estate men, one to be chosen by each Harty and the
<br /> men so selected to chose a third. The rental so fixed to be bind-
<br /> ina upon the parties hereto, but in no event to be less than the
<br /> rental paid by the Lessee during the previous term of the lease.
<br /> -4. The Lessor further covenants and agrees to furnish to the
<br /> Lessee upon signing of this lease an abstract of title covering
<br /> the premises herein leased for examination by the Lessee for the
<br /> • purpose of determining proper _title in the Lessor at the date of
<br /> the signing of this lease, and if in the opinion of the attorney
<br /> for the Lessee the title of the Lessor is not such as would be
<br /> considered marketable by such-attorney, the Lessee shall have the
<br /> period of ten (10) days from-and after the si oni ng of this lease
<br /> within which to cancel the same .
<br /> MUTUAL COVENANTS
<br /> 1 . That any failure of Lessor or Lessee to enforce rights or
<br /> seek remedies upon any default of the other party, with respect
<br /> to the obligations of' each other or either, hereunder, shall not
<br /> pre judice or affect the rights or remedies of each or either of
<br /> them, in the event of any su- sequent default; provided, however,
<br /> that if said rent or any charges herein included as rent shall at
<br /> any time be in arrears and unpaid and shall remain unpaid for 30
<br /> days, or if Lessee shalt fail to comply with the conditions of this
<br /> lease, or shall not well and truly perform and fulfill each and
<br /> every covenant and agreement herein contained on the Dart of the
<br /> Lessee to- be performed and kept, and said default shall continue
<br /> for 30 days,_ or if Lessee shall make an assignment for the benefit
<br /> of creditors, be declared a bankrupt, voluntarily_ or involuntari ly,
<br /> and said assignment shall not be revoked or said bankruptcy set
<br /> aside within 30 days, thereafter, or said Lessee shall abandon or
<br /> vacate- said premises during the term hereof, or if the interest of
<br /> the Lessee in said premises- shall be sold under execution- or other
<br /> legal process, the Lessor may enter in and upon said premises and
<br /> again have, reposse-ss and enjoy the same as if thrs lease had not
<br /> been made, and thereupon this lease and everything herein contained
<br /> on the part of the said Lessor to be- kept and performed, shall
<br /> cease, determine and be utterly void, without prejudice, however,
<br /> to the right of the Lessor to recover from the said Lessee or
<br /> assigns- all rent due up to the- time of such entry. In case of such
<br /> default- and-entry by said Less-ors, said Lessors may re-rent said.
<br /> premises for- the remainder of said term_ for the best rent obtainable
<br /> under the surrounding circumstances and conditions, then present,
<br /> and may recover from said Lessee any deficiency between the amount
<br /> so obtained and the amount of rent hereinbefore reserved.
<br /> 2. It is mutually cove-nanted and agreed, that if said premises,
<br /> or any substantial portion the-reef shall be taken in appropriation
<br /> Proceedings, or by any right of eminent domain, then this lease
<br /> shall-- terminate and be utterly- void from the time when possession
<br /> thereof is required for public use, and such taking shall not oper-
<br /> ate as or be deemed an eviction of the Lessee, or a breach of
<br /> Lessor' s covenants for quiet enjoyment; that the Lessee shall pay
<br /> all rent due, and perform and observe all other covenants thereof
<br /> up to the time- that possession is required for public use-, provided,
<br /> that if only a part of said premises be so taken, and if the Lessee
<br /> shall not elect to terminate this Lease, which right to terminate
<br /> said lease is aiven to the Lessee, the-n, at the option of the lessee,
<br /> (to be exercised-b-v written notice to the Lessor within 10 days
<br /> after possession of the part is taken for public use)this lease shall
<br /> not terminate but shall continue and the rental at the full_ rate
<br /> reserved herein shall be paid by the lessee as herein provided
<br /> during,_ the remainder of the term hereof
<br /> 3. _ It is mutually understood and agreed by and between the
<br /> parties that the o-otions herein Granted to the Lessee shall be
<br /> exercised by the Lessee by notice, in writing, to be delivered to
<br /> the Lessor on or before 3-0 days prior to the expiration of the
<br /> term of-this lease- then in force and effect.
<br /> 4. It is further mutually understood and agreed that all
<br /> notice -re-Quir_ed to be givenunder-thi s lease shall be deemed
<br />
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