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l7. In event Lessee elects ~ to purchase the leaaed premises o~ any pa~t thereo( as pm~rided in this lease. ~ tl~ea Lessor
shall. within thirty (30) days after receipt of such notite oE eltction from Lessee, deliver to Lessee at I.euee's address
bereinaftM~ahQwn.~complete abstracts of title covering aaid p~operty. certi6ed trom the sovereignty of the soil to the latest
date pos~ibie, os~ at Leuor's option, a title insnnnce poliey in s responsible title guannty company. showing as of a cu~rent
date. that Lesaor has (i) i~ the event the purchase is pursuant to the terms o[ Pangraph 15 hereof, good and marketable
title to the leased premises, iree and elear of all lie~s and er~cumbrances whatsoever except liens or encumbnacea held by
Lessee. or (ii) in the eveat the parchaae is pursuaat to the terms of Pangrsph 16 hereof, sul~icient title to the leased
• premises to comply with the terms of the third party oRer which Lessee has electcd to meet and sabject oaly to auch tiens
and encumbnaces speci6ed in sach third party oHer to be assumed by the purchase~. lf Lessor tails or refuses to so furnish
abstracts or title policy. the~ Lessee may. at its electton. procure same at Lessor s expense and deduct the cost thenof from
the cash or other consideration to be paid for the property. Lessee shall have a reasonable time atter teceipt oi.~abatncb or
title policy in which to examine I.essor's title and to notify Lessor whether or not such title ia ~~eceptable to'=Lessee. If
Lessee is willing to accept I.essor's title and consummate t6e purchase. then Lessor s6a11. withio ten (10) dsy s after written
notice thereof from Lessee. convey the property to Lessee (i) ia the avent the purchase is pursuaht to We ternds ot Pangraph
15 hereof, by general warnnty dced. free a~d clear of all liens a~d eacumbnnces. (iacluding~ without limiting the fo~eeoiag,
the rights of homestead, dower and/or cnrtesy) or (ii) in the event the purc6ase is pursuant to the terma of Paagrsph 16
hereof. by such form of convevance aad subject only to thost liens and encumbnaces speCi6ed ia , such third party offer
:nd deliver snch deed to I.essee upon the payment or detivery of the considention. l.essee shall contiane to pay the r4ptals
accruing hereunder irom and after the date Lessee noti6es Leuor ot the eacercise of said option. but uppn the n~nsnmmation
of the purchue all such rentais so paid by Lessce shall be reimbursed to Lesaee by deducting ume frbm the cash os other
consideration to be paid for the property. If the original and/or ~xtended term of t6is. lease expires before ttR pnrel~ase is
consnmmated as herein provided. then this lease shall be automatically extended at and tor the ~ame reetal aad nrider the
same terms and co~ditions as were applicable during the expiring term, to the daEe on which the punhase is consammated
• or L.essee noti6es I.essor that it is not willing to coasummate the purchase. IE I.essee pnre6ases the property. then
contemponneously with the conveyance of the property to Lessee this lease shall become nnil and void. without further
notice. aad Lessee shall thereupon be released and diu6arged from aU turther reatals and other obli~atioos op t6e part r-
of the Lessee to be paid, kept aad performed.
o.
18. T6e payments made and to be made herennder by I.essee to Lessor :hall be considered suHicient considention for
any and all options 6erein gnnted by l.essor to l.essea _
19. In event all or any portion of the leased premises u taken. condemned or sppropriated by. or granted or conveyed to
a publit anthority or any party or body having or ezercisit~g the right of eminent domain. or in event ingress to or egress from
said leaxd premises is eliminated. affected. limited or restricted by action of aay public autt~ority or by the action of any
other party or body uercising or having the rig6t of eminent domain; and ia e~reat Lcssor becomes entitied to money damages
therefor. wheThrr by mcans of an awud or acgotiated settlement or otl~erwise. ,then Lesso~ hereby assigas and transfers to
l.essee all snch moneys received or to be received by Lessor. The pnblic authority. body or person responsible for sneh
; payment is hereby anthorized and directed to pay over to Lessee the money proceeds of any snch aarard or negotiated
settiement. and Lessce is anthorized to receipt therefor on bebalf of l.es~or. i.es;ep ~grees th~t on receipt u~f such fnnds It
will pay over to the baak aamed in Paragraph 26 hereof. the total amouat nceived to• be applied against the uapaid bslance
of principal and accrned interest owing on the aote referred to iu such Pangnph 26. In event the funds received by I.essee
herennder are in an amouat greater than the napaid balance of principal and acc~ed iptef~st_o~jog on the said note. auc6
' excess shall first be applied by I.essee ia payment of any indebtedness owing by-Lessor to bessee. howsoever arisiag. and
~ t6e remainder, if any, shalt be paid to I.4ssor. Nothing contained in this paragnph shall relieve I.essor of t6e obligation
~ to make or continue making timely payments on said note nntil it has beea paid in full according to its tcrms. This pangraph
shaU not affect, restrict, limit or impair in any maaaer the right of I.essee to recover for damages to its interest in the
~ leased premises by virtue ot any snch appropriatioa or condemoation. The proceeds of aay a~vud or neQotiatcd settlement
made to or eHected by Lessee shall be and remain t6e property of Lesseo
~ 20. In eveat I.essee purchases the leased premises or any part thereof as provided in this lease. I.essee ahall have the
right, at its electioa, to withhold from the purchase price otherwise payable to Lessor for said property an amoupt eqnal
to t6e unpaid balance of principal and accrued interest, owiag by Lessor at snc6 time under the terms of the ptomissory
note referred to in Pangrap6 Z6 hereof, which amount~ if witb6eld~ I.essee agrees to pay to the payee ia said aote, (b) the
amouat of aay and all indebtedneu owing at snc6 time by Lessor to I.essee, including. without limitation Wereto, the
amount ot all delinquent reatals~ wit6 interest t6ereon, payable undec that certain Snb-Lease Agreement of even date
herewitli rsferred to in the paragraph nezt fo~lowipg and (c) (i) i4 the event the purc6ase is pnrswnt to the terms of
Pangraph IS hereof. an amount of money suHicieat to dischuge all liens and encnmbnnces existing against the property at
the time of pnrchase~ or (ii) in the event the pnrchase is pursaant to the terms oE Paragraph 16 hereaf, an unonat of money
~ suHicient to dischuge all liens aad encumbranc " ezi~ting,agaitut t1~e Rrpperty at t6e time.of such pnrchase whish~ according
7~ to the terms of the third puty oHer~ ue not to~ assumed by the purc6aser.
r m~ ~ _ /and J. H. Earaan, Joe 8. Ear~au and Jasa iT. Co~tey
21., ~q event Lessee purchases the promissory note referred to ia Paragraph 26 hereof, then at snch time the aote
C purchase by Lessea shall ipso facto eflect an assigament by I.essor to I.essee of all rentals due aad payable or to become
due and payable to I.essor by I.essee uader this lease during the remainia~ partioD qJ t6e cuiQinal ter~ hveof. The reatals
so assigned shall be applied by I.essee as against'rentats pa`yable o~ Ed blcome due and pa able to Lessee by Leuor nader
a certain Snb-L~ase Agreement of even date herewith from Lessee (u lessor) to Lessor~{a3 lessee) covering t6e above
ducribed property. Nothin6• coataiaed herein shsll relieve Lessor aL the obligateon- to coatiaue making timely paytaents
due aad to become due nnder said aota "
In t6e eveat the promissory note referred to in Pangnph 26 hereof is paid in full prior to the expintion of
the original term hereai. thea wch 5aa1 payment shall ipw facto effect an assignment by Lessor to Lessee of all rentals
due aad payable or to become due aad payable to Lessor by I.essee under this lease during the remaining portion of the
original term 6ereof. 1 he rentab so ass~gned s6all be applied by I.essee ss against rentals payable or to become due and
;~j~ pa able to e by I.essor under t6e Snb=Lease Agreement above ref rred to
i T,~ ~ ~ J. H. Earasn, Joe 8. Barsan and Jaaea ~i. Co~Yey
~~i In the tvent Lessee acercises its option to extend the term 6ereoi as provided in Pangraph 2 6ereof~ aad the
Lessor~ as lessee ia the Snb-Lease Agreement above referred to. elects to eactend the term thereof as provided in said
Sub-l.ease Agreement, thea at snch time the acercise of snch option by I.essee and Lessor~ respectively. shall ipso facto
ef[ert aa assignment by Lessor to I.essee of all reatats due aad payable or to betome due and payable to I.essor by Leuee
uader this lease during the eztended term. T6e ren s so assigned s6a11 be applied by I.essee u against rentals payable
or to become dne aad payable to Lessee by I.esso~nder the Snb-I.ease Agreunent abovc referred to.
. .
22.~ In the event that the promiuory aote rcfernd to in Paragnph 26 hereof becomes fnlly pvid and discharged prior
to the expintion' of the original terw hereof. this lease shall be considered in an actended term Eor the purpose of construinQ
Parigraplu 6 and 7 hereof Eor the dnntion of the ori~iaai term hereof. . .
s°ooK1 a 0~'rC1AL RECOR b0~` PAGE 461
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