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200702101 to be constructed thereon as provided hereinafter shall be occupied and used for the following purpose, to-wit: for the conduct thereon of a restaurant business for the on-site consumption of food and drink, together with parking and other appurtenant uses, which business shall be conducted under the style and trade name of "WENDY'S OLD FASHIONED HAMBURGERS" or "'NENDY'S". ARTICLE V - TITLE, POSSESSION AND OUIET ENJOYMENT 5.1 LESSOR warrants that it is the owner of the fee s tmpia title to the Leased Premises subject only to current general and special ta>:es and to in- stallments not due of special assessments, if any, to zoning and use or occupancy laws or regulations, to building laws and ordinances and to current matters of record. 5.2 LESSOR covenants that at all times during the term of this Lease, provided the LESSEE is not in default hereunder, the LESSEE shall have the full, peaceful and quiet possession and enjoyment of the Leased Premises. ARTICLE VI - CONSTRUCTION OF 1M PROVEMENTS 6. I LESSEE, within one hundred twenty (120) days after the delivery to LESSEE of possession of the Leased Premised, shall commence the construction of improvements on and to the Leased Premises, consisting of the construction of a building, the paving of a parking lot, and other improvements as may be contemplated by LESSEE. 6.2 LESSEE represents and warrants that the construction of said improvements will cost in the approximate amount of One Hundred Thirty-Five Thousand Dollars ($135,000.00). 6.3 LESSOR makes no covenants or warranties respecting the con- dition of the soil or subsoil or any other condition of the premises, nor does LESSOR make any warranties or representations respecting the cost to LESSEE of grading, f HUng, compacting or otherwise preparing the soil for the construction of the con- templated improvements thereon. 6,4 LESSEE shall not suffer or permit to be enforced against the premises or any part of it any mechanic's. materialman's, contractor's, or sub- constractor's lien arising from any work of improvement. however; it may arise. However, LESSEE may in good faith and at LESSEE'S own e>:pense contest the C)T~ pJ' -3-