|
(6) Damages for Defect in Title. Lessor convenants that he is well seized of said premises, has good right to
<br />lease the same, and warrants and agrees to defend the title thereto; and to reimburse and hold Lessee harmless from
<br />all damages and expenses which Lessee may suffer by reason of any restriction, encumbrance, or defect in such
<br />title. Lessor agrees that Lessee shall have the right at any time to redeem for Lessor by payment of any mortgage,
<br />or other liens, on said lands and premises, in the event of default of payment by Lessor, and be subrogated to the
<br />rights of the holder thereof; and, in addition thereto, Lessee shall have the right to apply accruing rentals in satisfac-
<br />tion of such obligations; or Lessee, in the event of the foreclosure of any such lien, and the sale of the demised
<br />premises and improvements, shall have the right to bVy in said premises and improvements for its own account.
<br />See "eetien 24 B
<br />Taxes. Les or agrees to pay, as they become due and payable, all general property taxes and installme
<br />of special a ments upon the demised premises, exclusive of the taxes on improvements or equipme ced
<br />thereon by Lesse Lessor should fail to do so, Lessee may make such payment for the account essor, in
<br />which event Lessee s subrogated to all the rights of the holder of any lien securing su xes and assess-
<br />ments, and, in addition there all have the right to apply accruing rentals in satisfa ' of such obligation; or
<br />Lessee, in the event of the foreclos any such lien and the sale of said emised ses and improvements, shall i
<br />have the right to buy in said premises an ' rovements ors, its own a�ou essee agrees to pay all general
<br />property taxes on all improvements and equip , ere e o{ plat d essee on the above described property _
<br />which become due and payable during the continua f this pwhich become a lien prior to the termina-
<br />tion of the lease, even though payable at some date after t io f" essee should fail to do so, Lessor may make
<br />such payment for the account of Lessee, in which eve ssor e subrogated to all the rights of the holder of
<br />any lien securing such taxes. � +
<br />In the event the taxing authorities, se to make a separate assessmen the improvements upon the de-
<br />mised premises in the name of Less e Lessee agrees to reimburse Lessor promp all taxes paid by Lessor at-
<br />tributable to the improveme ned by Lessee or placed by Lessee, his assigns and su - es, upon the demised
<br />premises. Where such rate assessment is not made, Lessor agrees that he shall render assessment for
<br />improvements o alf of and at a valuation determined by Lessee. Lessor further agrees that Less , the name
<br />of Lessor, protest any assessment before any taxing authority or board, or maintain any necessary le tion
<br />in re fire- e to said assessments or the recovery of any taxes paid thereon in the name of Lessor but at Lessee
<br />e expense.
<br />(8) Present Improvements. Lessee shall have the right to use any improvements suitable for use in the opera-
<br />tion of a gasoline service station which may be presently located on any portion of the premises herein leased; but
<br />Lessor shall have the right to remove, within thirty (30) days after the execution of this Lease, any dwelling house
<br />which may be presently located on said premises. In the event Lessee shall at any time desire that any or all of
<br />the present improvements be removed, such removal shall be accomplished by Lessor at his sole risk and expense
<br />within thirty (30) days after written notice by Lessee to Lessor of its desire that said improvements be removed.
<br />(9) Use of Premises. Lessee shall have the right from time to time, as it may desire, to build or rebuild
<br />such buildings, structures, drives, and pump islands, and to install such storage tanks, pumps, lifts, hoists, and other
<br />equipment, and to make such other installations and constructions as it deems proper for the sale and distribution
<br />of petroleum products and automobile accessories upon the premises, and to construct means of ingress to and
<br />egress from the same. Lessee agrees to comply with all health, safety, and sanitary laws and regulations pertaining
<br />to the demised premises.
<br />(10) Liens Prohibited. Lessee agrees to keep the property free and clear of liens for labor, material, and im-
<br />provements which may be placed thereon by the Lessee or its sublessee. The violation of this provision of the Lease
<br />shall entitle the Lessor, at its option, to pay any such lien and to be subrogated to the rights of lienor against the
<br />Lessee or its sublessee.
<br />(11) Liability for use of Premises. Lessee agrees to save Lessor and his successors in interest harmless from
<br />damage or liability for any cause arising out of or incident to the use of said premises by Lessee, or any person
<br />claiming by, through, or under it, and to properly defend any litigation at the expense of Lessee which may be
<br />brought on any claim arising out of the use of said premises by Lessee.
<br />See option TO PuErchase. Lessor hereby grants Lessee the exclusive right, at Lessee's option, to purchase
<br />demised pre together with all structures, improvements, and equipment thereon, free and clear of a sand
<br />encumbrances, (inc leases which were not on the premises at the date of this lease) at a e during th
<br />continuance of this lease, for of ars ($
<br />it being understood that if any par 'd premises be condemned, the amou amages awarded to or accepted /
<br />by Lessor as a result thereof shall be deduc m - h priee.l /
<br />The option herein granted shall be continuing a K ve, and binding on the Lessor's heirs, devisees,
<br />administrators, executors, or assigns.
<br />Upon receipt of Lessee's notice of ron to exercise the optio ted herein. Lessor shall immediately
<br />deliver to Lessee, at Lessor's ex , complete abstract of title or other e e of title satisfactory to Lessee,
<br />upon receipt of which the e shall have a reasonable time in which to examin ' and upon completion of
<br />such examination, i e is found satisfactory, shall tender the purchase price to Lessor, an or shall thereupon
<br />deliver to Lem good and sufficient warranty deed conveying the premises to Lessee free an r of all en-
<br />cumb (including, without limiting the foregoing, the rights of dower and /or curtest'). All rentals bate,
<br />ash taxes and rentals shall be prorated between Lessor and Lessee as of the date of delivery of the aforesaid
<br />(13) Application of Option Purchase Price. In event accruing rentals are insufficient to reimburse Lessee for
<br />expenditures made by Lessee for the account of Lessor, as authorized hereunder, and in event Lessee exorcises the
<br />option to purchase the demised premises, Lessee may apply such part of the purchase price as is necessary to (a)
<br />completely reimburse itself for such expenditures and .(b) pay any other indebtedness of Lessor to Lessee, together
<br />with interest at six per cent per annum.
<br />(14) Lessee's Right of Termination. If after examination of title and acceptance thereof by Lessee as provided
<br />for in paragraph (5) herein, Lessee is prevented from establishing or continuing the business of distributing
<br />petroleum products on the whole or any part of said premises, or is prevented from building or rebuilding the -
<br />buildings or structures, or making the installations as provided in paragraph (9) hereof, because of any law, ordi-
<br />nance, or regulation by any federal, state, or local governmental authority, or order of any court prohibiting such
<br />business on said premises, or any restriction on the demised premises, and such prohibition or restriction is not re-
<br />moved within ninety (90) days, then Lessee may terminate this lease upon giving thirty (30) days' written notice,
<br />in which event the rental obligation shall be abated from the date the Lessee is prevented in any manner from
<br />doing business on said premises. If during the continuance of this lease any part of said premises or any right ap-
<br />purtenant thereto, including but not limited to the right of convenient and direct access to the streets and high.-
<br />ways adjacent thereto, shall be taken for public use under the right of eminent domain, or by any conveyance in
<br />lieu thereof, and if in the opinion of Lessee the remainder is not suitable for its purpose, Lessee at its option may
<br />cancel and terminate this lease, upon giving thirty (30) days' written notice to Lessor, in which event the rental
<br />obligation shall be prorated to the date of such termination. The right of termination herein granted shall be in addi-
<br />tion and cumulative to any right or remedy otherwise granted Lessee under this agreement or by applicable law.
<br />1r 1
<br />u
<br />F;
<br />
|