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NO OTHER STORE. Tenant hereby agrees that it will not operate another
<br /> of its stores within the present corporate limits of the City of Grand-
<br /> Island, County of Hall and State of Nebraska during the period it operates
<br /> one of its stores in the herein demised premises, but if Tenant shall vacate
<br /> the herein demised premises and cease to operate one of its stores therein,
<br /> then Tenant shall have the right to operate one or more of its stores within
<br /> the said present corporate limits of the City of Grand Island, County of Hall
<br /> and State of Nebraska.
<br /> COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. The Landlord
<br /> covenants and warrants that Landlord has full right and lawful authority to
<br /> enter into the lease for the_full term aforesaid, and for all extensions
<br /> herein provided, and that Landlord is lawfully seized of the entire premises
<br /> hereby demised and has good fee simple title thereto free and clear of all
<br /> contracts, leases, tenancies, party wall agreements,restrictions, violations,
<br /> liens and encumbrances of every nature whatsoever,except:
<br /> 1. Party Wall agreement dated April 11, 1906 between George H. Miller
<br /> et ux, as party of the first part, and Claus Stoltenberg et ux, as party of
<br /> the second part, which was recorded in Book L on Page 428 of Records in the
<br /> office of the Register of Deeds of Hall County, Nebraska, said agreement
<br /> affecting the boundary between Lot Three (3) and Lot Four (4), Block
<br /> Sixty-four (64).
<br /> 2. A certain lease to Ray Wabel on that portion of the premises known
<br /> as No. 323 West 3rd Street, which expires on May 1, 1954.
<br /> 3• A certain month-to-month tenancy held by Pete Panos on that portion
<br /> of the premises known as No. 321 West 3rd Street.
<br /> Landlord hereby recites that the tenants described in items 2 and 3
<br /> above will be notified of the termination of their tenancies, such terminatio
<br /> to occur as of May 1, 1954.
<br /> Landlord further covenants and warrants that if the Tenant shall
<br /> discharge the obligations herein set forth to be performed by the Tenant, the
<br /> Tenant shall have and enjoy, during the term hereof, the quiet and
<br /> undisturbed possession of the demised premises, together with all
<br /> appurtenances appertaining or appendant thereto.
<br /> THE LANDLORD AND TENANT FURTHER STIPULATE, COVENANT AND AGREE AS FOLLOWS:
<br /> USE OF PREMISES. That the premises hereby demised shall not be used for
<br /> any unlawful purpose during the term of this lease. Tenant shall, during its
<br /> occupancy of the demised premises, operate therein a store which shall be
<br /> typical of the average J. C. Penney Company store, and shall not use said
<br /> premises for any purpose which will unduly increase Landlord's insurance cost.
<br /> CONTINUED POSSESSION OF TENANT. Tenant shall surrender possession of
<br /> the demised premises to Landlord on the termination date hereof or on the
<br /> termination date of any extension of the term hereof. If Tenant continues to
<br /> occupy the premises after the last day of any renewal or extension of the ter
<br /> hereof, or after the last day of the term hereof if this lease is not renewed
<br /> or extended, and Landlord elects to accept rent thereafter, a monthly tenancy
<br /> terminable by either party on not less than one (1) month's notice shall be
<br /> created, which shall be upon the same terms and conditions, including rental,
<br /> a 'those herein specified.
<br /> FIXTURES. That Tenant may, on the termination of this lease or at any
<br /> time during the continuance thereof, remove from said premises all shelving,
<br /> fixtures and other equipment (which equipment shall include but shall not be
<br /> limited to lighting fixtures, oil burners, coal stokers, electric fans,
<br /> portable cooling units, etc.) which Tenant may have installed at its own
<br /> expense in said premises or otherwise acquired. Tenant agrees to repair any
<br /> damage that may be done to the demisecpremises resulting from the removal of
<br /> said fixtures and equipment.
<br /> GAS, ELECTRICITY AND SEWER CHARGES. That the Tenant shall pay all K
<br /> charges for gas and electricity used on said premises during the term of this
<br /> lease. Tenant shall also pay the normal sewer charge for said building.
<br /> ORDINANCES. That, subject to the provisions of the clause herein
<br /> captioned "Right to Contest", Landlord shall comply with all Federal, State,
<br /> County and City laws and ordinances, and all rules, regulations and orders of
<br /> any duly constituted authority, present or future, affecting the demised
<br /> premises, at Landlord's own expense.
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