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HomeMy WebLinkAbout0347 , } ~ t ~ F 7 l . 11 9. Default. If default shall be made by the Lessee in ; ;~the performance o any of its covenants herein set forth, then ; ;~in addition to any other rights or remedies which the Lessor may .i chave, 3ncluding but not limited to those set forth in , the ! iLessor shall have the right to declare this lease cancelled and ~ 'terminated and re-enter upon the demised premises either with or ~without process of law, and after notice of such declaration and !upon demand for possession the Lessee shall peaceably~surrender ~ I,and deliver up the demised premises to the Lesaor. ; I • ~ ~ Proftidinq nothing in this lease shall.be construed as ; ~lauthorizing the Lessor to declare this lease in default where ; ~the default consists of nonpayment of rent, taxes and premiums ! ~(for insurance until such nonpayznent in violation of $ie terms ' (of this lease shall have continued.for 15 days; and where the ! i'alleged default consiats in some violation other than nonpay- i ~~ment of rent, taxes and insurance premiums, the Lessor may not ideclare this lease in default ttntil such violation shall have j l~continued uncured f4r 20 days after the Lessor shall have given ; ~~the ~,essee written notice of such violation; provided, however, ~ ~fthat nothing contained herein shall be construed as precluding i ~ ~~the Lessor from havinq such remedy as may become necessary in ~ ~~order to preserve the Lesaor's rights and interests in and to the : I~demised premises and this lease be6re the expiration of the grace ~ !~or notice periods above provided if under the particular circum- !tstances then existing the allowance of such grace or the giving !}of such notice would prejudice or endang~er the rights and estate ' !jof the Lessor in the demised premises and this lease. If the ; ;~Lessee defaults in any of the payments of the sums required to ' ;~be paid by it, including but not limited to rent, taxes and in- i i`surance premiums, the Lessee may cure said default at any time i t ~;prior to__a decree cancelling this lease or, a decree and/or judg- ; . !~ment of eviction, or prior to a final decree of foreclosure of ~ i ?'lien provided in , by payment unto the Lessor the sums then due ' # ;'and owing said Lessor, and/or paid~by the.Lessor in behalf of the ; .;;Lessee together with interest thereon at the rate of l0 per cent ~ '!per annwn as well as payment to the Lessor of any and all costs - `:incurred or expended by the Lessor,including reasonable attorneys`; ;!fees and court costs, and by the performance of all of the Lessee!s ~:defaulted covenants not performable by the payment of monies to ; ~ '!the Lessor. This provision shall be in addition and supplemental ; ~~to any provision elsewhere herein set forth with respect to the ~ . ;~payment of interest or deferred or late payments except that the :~total interest due and payable on any rent payment made by the i~Lessor on behalf of the Lessee shall not exceed 10 per cent per annum. . . 10. Runnin of Grace Periods. All default and grace • ~:periods shall run concurren y an not consecutively. ~ ~ . i ' 'i s 11. Cumulative Remedies. The various =ights, remedies, ~ ~ 1I~powers, options, e ect ons, pre erences and liens of the Lessor ~ . `;set forth in this lease ahall be consttved as being exclusive of ~ ~;the other or exclusive of any righta or priorities allowed by , ~ ~~law and the exercise of one or more shall not be construed as a ~ ':waiver of the others. ~ ' ~ . . , i . < 12. Construction of a Remed as Election to Terminate. ~ ;;The exercise by t e Leasor o any o its rig ts o reme ies pro- ~ E {Ivided in this lease to enforce the provisions o£ this lease by I ~ !idecree, judgment or otherwise, shall not be construed as an electi~n ~ !;by the Lessor to terniinate and cancel this lease except if the ; ~ !;exercise of such right or remeciy be: (a) the declaration by the ` ~ ;jLessor that the lease ia termir~ated and cancelled due to default ; ~ ADLER Q(iRANDOFF "on the part of the Lessee; or (b) the entry of a judgment, decree ; ~ ~Tronnnr~ATLAM.~.~. ii or writ of eviction as to the Lessee; or (c) the entry of a judg- ! ~ ~`ment or decree of a court of competent jurisdiction cancelling ; ~ FIRBT F[D[RAL ~LDO. this lease . ~ a:o wwaso~ trreur_ •AMPA. FLORIDA if~02 ~ i{ T[L[PMON[ ~1~7~f-f~74 ~ 23 ~ ~ { ~ ~ _ " _ _ . - - . . . _ ~'~r .