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<br />thereof. Landlord may collect and receive any Rent due from Tenant, and the acceptance thereof
<br />shall not constitute a waiver of or affect any notice or demand given, suit instituted or judgment
<br />obtained by Landlord, or be held to waive, affect, change, modify or alter the rights or remed ies which
<br />landlord has in equity or at law by virtue of this Lease.
<br />Section 18.3 In the event Landlord shall have taken possession of the Prem ises pursuant to the authority
<br />herein granted, then Landlord shall have the right to keep in place and use all of Tenant's fixtures, furniture,
<br />equipment, signs, and other personal property at all times prior to any foreclosure thereon by Landlord or
<br />repossession thereof by any third party having a prior lien thereon or claim thereto, or landlord may remove
<br />and store such items in a public warehouse or elsewhere at Tenant's expense.
<br />Section 18.4 Landlord may restrain or enjoin any breach or threatened breach of any covenant, duty or
<br />obligation of Tenant herein contained without the necessity of proving the inadequacy of any legal remedy or
<br />irreparable harm. The remedies of landlord hereunder shall be deemed cum ulative and not exclusive of each
<br />other.
<br />Section 18.5 If on account of any breach or default by Tenant 1n its obligations hereunder, landlord shall
<br />employ an attorney to present, enforce or defend any of Landlord's rights or remedies hereunder, Tenant
<br />agrees to pay any reasonable attorney's fees incurred by Landlord in such connection.
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<br />ARTICLE 19. LANDLORD'S CONTRACTUAL SECURITY INTEREST
<br />Section 19.1 In addition to the statutory landlord's lien, Landlord shall have at all times a valid security
<br />interest to secure payment of all Rent and other sum s of money becoming due hereunder from Tenant, and
<br />to secure payment of any damages or loss that Landlord may suffer by reason of the breach by Tenant of any
<br />covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture,
<br />improvements and other personal property of Tenant presently, or which may hereafter be situated on the
<br />Premises, and all proceeds therefrom, and such property of Tenant may not be removed without the consent
<br />of landlord until all arrearages in Rent as well as any and all other sums of money then due to Landlord or
<br />to become due to Landlord hereunder shall first have been paid and discharged and all the covenants,
<br />agreements and conditions hereof have been fully complied with and performed by Tenant.
<br />Section 19.2 Upon the occurrence of an Event of Default by Tenant, Landlord may, in addition to any other
<br />remedies provided herein, enter upon the Premises and take possession of any and all goods, wares,
<br />equipment, fixtures, furniture, improvements and other personal property otTenant situated on the Premises,
<br />without liability for trespass or conversion, and sell the same at public or private sale, with or without having
<br />such property at the sale, after giving Tenant reasonable notice of the time and place of any public sale or of
<br />the time after which any private sale is to be made. Unless otherwise provided by law, and without intending
<br />to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall
<br />be met if such notice is given in the manner prescribed in this Lease at least seven (7) days before the time
<br />of sale_ Any sale made pursuant to the provision of this paragraph shall be deemed to have been a public safe
<br />conducted in a commercially reasonable manner if held in the Premises or where the property is located after
<br />the time, place and method of sale and a general description of the types of property to be sold have been
<br />advertised in a daily newspaper published in the county in which the property is located, for five (5)
<br />consecutive days before the date of the sale. Landlord or its assigns may purchase any or all of same at said
<br />public or private sale, unless otherwise prohibited by law. The proceeds from any such private or public sale,
<br />less any and all expenses connected with the taking of possession, holding and selling of the property
<br />(including reasonable attorneys fees and legal expenses), shall be applied as a credit against the
<br />indebtedness secured by the security interest granted Landlord in this Article. Any surplus shall be paid to
<br />Tenant or as otherwise required by law; Tenant shall promptly pay any deficiencies.
<br />Section 19.3 This Lease shall constitute a Security Agreement under the Uniform Commercial Code. Upon
<br />request by Landlord, from time to time Tenant agrees to execute and deliver to Landlord a Uniform
<br />Commercial Code Financing Statement in form sufficient to perfect the security interest of Landlord in the
<br />aforementioned property and proceeds thereof, or Landlord may file same on behalf of Tenant.
<br />
<br />ARTICLE 20. EMINENT DOMAIN
<br />Section 20.1 If more than thirty percent (30%) of the floor area of the Premises should be taken for any
<br />public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain
<br />or by private purchase in lieu thereof, this Lease shall terminate and all Rent shall be abated during the
<br />unexpired portion of this Lease, effective on the date physical possession is taken by the condemning
<br />authority.
<br />Section 20.2 If less than thirty percent (30%) of the floor area of the Premises should be taken as
<br />afor~said, this Lease shall not terminate; however, the Base Rent payable hereunder during the unexpired
<br />portion C?f t~is Lease shall be reduced in proportion to the area taken, effective on the date physical
<br />possession IS taken by the condemning authority. Following such partial taking, Landlord shall make all
<br />necessary repairs or alterations to make the remaining portions of the Premises an architectural whole.
<br />Section 2?3 All com pensation awarded for any taking (or the proceeds of private sales in lieu thereof) of
<br />the Premises s.hall be the property of Landlord, and Tenant hereby assigns its interest in any such award to
<br />landlord; prOVided, however, landlord shall have no interest in any award made to Tenant for Tenant's
<br />moving and relocating expenses or for the loss of Tenant's trade fixtures and other tangible personal property
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