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tors, grantees, or assigns, or successors or assigns at any time during the term of this lease or any extension thereof, receives a bona
<br />fide offer to purchase said premises or any property which includes the premises, and said buildings, fixtures, equipment, machinery
<br />and appliances and desires to'sell said premises, buildings, fixtures, equipment, machinery.and appliances,-or any part thereof under
<br />the terms of said offer, Lessor agrees to give,Lessee thirty (30) days notice in writing of such bona fide offer, setting forth the name
<br />and address of the proposed' purchaser who has made the offer, the amount of the proposed purchase price, and all other terms and
<br />conditions of such offer, and the Lessee shall have the first option to purchase the demised premises by giving written notice to the
<br />Lessor of its intention to purchase within said.thirty (30) day period at the same price and on the same terms of any such proposal, it
<br />being understood that in the event Lessee does not give notice of its intention to exercise its option to purchase said premises within
<br />said period, this Lease and all of its terms and conditions shall nevertheless remain in full force and effect and the Lessor and any
<br />purchaser or purchasers of the demised premises shall be bound thereby, and in the event said premises are not sold for any reason
<br />pursuant to the bona fide offer set forth in the notice, the Lessee shall have, upon the same conditions of notice, the continuing first
<br />option to purchase the said premises upon the terms of any subsequent bona fide offer or offers to purchase.
<br />.�_ ._________.�________ .�• wife of Lessor, joins in these options of purchase and agrees, in the event of the
<br />exercise of either of said options by Lessee, to join said Lessor in the execution of a proper deed of conveyance; and Lessor agrees
<br />that if either of said options is exercised, he will convey a merchantable title to said real estate by good and sufficient warranty deed,
<br />with release of dower, homestead and other rights of his wife, and free from all incumbrances whatsoever, and will furnish a
<br />merchantable abstract showing merchantable title of record to said land in said Lessor, free from all liens and incumbrances, brought
<br />down to the date of conveyance. The Lessee shall have a reasonable time after receipt of said abstract in which to complete an exam- G v
<br />ination thereof, and if such examination discloses objections to the title, the Lessor shall have a reasonable time in which to cure
<br />such defects.
<br />10. It is mutually agreed that if the leased premises are damaged by fire, storm, or from any other cause, such.damage
<br />shall be repaired by Lessor forthwith after the same occurs, and if the extent of any such damage is such as to render said premises
<br />umtenantable, no rental shall be due, or shall accrue, for any period during which said premises are untenantable.
<br />It is agreed that in the event Lessor fails to or is unable to replace said service station and improvements, Lessee shall have
<br />the right at its option to do so and apply accruing rentals on the cost of said replacements until Lessee has been fully reimbursed for
<br />the expense of making such replacement.
<br />11. It is further mutually agreed that Lessor shall pay all taxes and assessments that may be levied against the above -
<br />described premises and the building and equipment belonging to Lessor thereon, and Lessee shall pay all taxes that may be levied or
<br />assessed against the equipment owned by Lessee thereon.
<br />12. Lessor agrees that Lessee may assign this lease or sublet the premises and equipment herein described without consent
<br />of Lessor, and that Lessee, or its assignee or sublessee, shall have the privilege of using said premises for the purpose of operating
<br />thereon a gasoline service station, and for the sale of tires, tubes, batteries and automobile accessories, and any other incidental
<br />commercial activity, and that said Lessee, its assignee or sublessee, shall likewise have the privilege of erecting on said premises
<br />such buildings, driveways, and other improvements as may be necessary or desirable for the aforesaid purposes.
<br />13. In the event Lessee, its assignee or sublessee, shall be unable to obtain from municipal or other public authorities, any
<br />permit or license necessary for the operation of a gasoline service station upon the premises herein described, or in case any such
<br />permit or license, if obtained, be afterward revoked without fault of the one so obtaining it, then and in such event or any thereof,
<br />Lessee shall have the right to cancel this lease by giving Lessor at least ten (10) days' notice of its intention so to do.
<br />14. If the use of the premises herein described for any of the purposes stated above be restrained or enjoined by judicial
<br />process, then and in such event or any thereof, Lessee shall have the right to cancel this lease by giving Lessor at least ten (10)
<br />days' notice of its intention so to do:
<br />15. If any part of the demised premises shall be taken by right of eminent domain or by a conveyance in lieu thereof or in
<br />connection therewith, then, when possession shall be taken thereunder of such part of the demised premises, the rental payable after
<br />such taking, except gallonage rental, if any, shall be reduced in the same proportion that the area immediately prior to such taking
<br />is reduced by the taking, provided, however, that if, in the sole judgment of Lessee, the area remaining after such taking will not be
<br />suitable for the purpose of operating a gasoline service station, Lessee shall have the option of terminating this lease or any renewal
<br />or extension thereof, and all liability of Lessee under such lease, renewal or extension by giving Lessor thirty (30) days' written
<br />notice of its intention so to do, and provided further, that nothing herein shall be deemed a waiver of the sole right of Lessee to any
<br />award to which it may be entitled, arising out of such taking.
<br />16. Lessor hereby warrants and agrees to defend the title to the land and premises herein demised and agrees that Lessee
<br />shall have the right at any time to redeem for Lessor by payment of any mortgage, taxes, or other liens on said lands and premises
<br />in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof.
<br />17. In the event the Lessee shall hold over beyond the expiration of the term herein provided or any renewal or extension
<br />thereof, it is expressly understood and agreed that any such hold -over tenancy shall be a month to month tenancy only, and
<br />either Lessor or Lessee may terminate such tenancy at any time by giving the other party thirty (30) days' written notice of, its
<br />intention so to do.
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