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HomeMy WebLinkAbout0681 f. It is further covenanted and agreed by and betxeen the parties hereto that the right to the Leasor in thi~ Lease to col- ~ lect the rent that may be due under the terms of thia Lease by any proceedinga under the same, or the right to collect any addi- ~ tional rent, money, or paymenta due lnder the terms of thia Lease by any proceedinga under the same, or the right given the Lessor to enforce any oP the terms and proviaions of this Lease, shall not in any Nay affect the rights of the Leaaor to declare this Lease void ar~d the term hereby ended, as herein provided, Nhen ~ default is made by the Lessee in any of the terms and provisiona ~ hereof. g. It is further covenanted and agreed by and betNeen the parties hereto that in the event of the termination of this Lease ~ at any time before the expiration of the term of years hereby created, for the breach by the Lesaee of ar~pr of the covenants herein contained, then all of the right, estate and intereat of the Lesaee in and under this Indenture and in the Demiaed Prem- lses, and all additions and acceasiona thereto then aituated on the aaid Demised Premiaes, together with all rents, isaues and profits of aaid premises and the improvementa thereon, whether then accrued or to accrue, and all insurance policies and all in- surance monies paid ar payable thereurrler, and the then entire undisburaed balance oP any building escror+ fund, arxi the entire undisbursed balance oP any then exiating ~oint bank account Nhich may have been created under the terms hereof, and all of them, shall at once pass to and become the property of the Lesaor Mithout ar~y compensation therefor unto the Lesaee, not as a penalty ~'or forfei- ture, but as liquidated damagea to Lessor because of auch default by Lessee and the consequent cancellation of the Lease, each oP *?:e ~arties acknowledging it to be the fact that for breach ar~d consequent cance2lation of a long-term lease of this character the Lessor xill sustain subatantial dame~ge of such character as to make it most burdensome and tedious, if not actually impossi- b2e, to ascertain the amount thereof with mathematical precision. Each of the parties, therefor, have agreed upon thia proviaion for liquidated damages in the intereaxs of obviating Mhat Mould ; otherMise be burdensome and difficult litigation to maintain or ~ to defend, ae the case may be; and this p~viaion for liquidated : damagea has been taken into account by both partiea in fiaing = the terms of ar~d the conaideration for the mdidng of thia Lease. ~ h. The Leasee pledges Mith and assigns unto the Lesaor ~ all of the rents, issuea and profits which might other?~ise accrue to the Lessee for the use, en~oyment and operation of ` the Demised Premises, and in connection rrith sueh pledging of ~ such rents, the Lessee covenants and agrees Mith the Lessor ~ that if the Lessor, upon default of the Leasee, electa to file ` suit to enforce or cancel the Lease ar~d perfect the Lessor's ~ rights hereunder, then the Lessor may, as ancillary to auch ' suit, apply to any court having ~uriadiction thereof Por the ~ appointment of a Feceiver of all and singular the Demiaed Prem- ~ ises, and all additions and accession$ thereto, and thereupon, ; it is expreasly covenanted and agread that the Court ~hall ~ forthrrith appoint a Receiver Mith the usual poNers and duties ~ of Receivera in like cases, and such appointnrent shall be made ~ - by auch Court as a matter of atrict right to the Lesaor, and 1 without reference to the adequacy or inadequacy of the value ' °s of the property xh~.ch is sub~ect to the Landlord's lien, or to i T = _ *~e solvency or inaolvency of the Lessee, and Mithout reference ; ; to the com~nisaion of waste. t i 2~. Coats ard Attorney's Fees. In ar~y proceeding ariaing by reason of an a ege a ure o e Leasee to perform any of ita du- ties and obligationa purauant to the provi~iona hereof, or by reaaon of an slleged breach of any of the terma and /or conditions or cove- ~ nants oi' this Lease, or by reason of any default in the payn~ent of ae~y ~ moniea, rentals or swro due or becoming due ur~der the terma and provi- ~ sions hereof, or by reason of any action by the Lessor to require the : Lessee to comply with its dutiea and obligations hereunder, the Lessor ~ shall, in the event it shall prevail in auch action, be entitled to re- cover its reasonable attorney's fees incurred, together Mith all coste, ~ ~ 8~~~ 197 ~A~f = a _ 1~_ 68i , _ ..;+y pec~_~5 ci€ vCiiDssE~N Fr.iNKLtN. CNONIN e SCHRANK, P. A. 2020 NCRTHEAST 183r+c STREET. NCRTH MIAMI BEACH. FLORIOA 33162 ~ _ ~ r~ ~ - - - _ ~ . ~ ~ _ - ' ~ , . . . . ' ~ '