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CONDEMNATION: If the whole Seised premises, or such portion the 'Wake premises unuseable for the purposes
<br />herein leased, be condemned by any legally constituted authority for any public use or purpose, then in either of said events the term
<br />hereby granted shall cease from the time when possession thereof is taken by* ppublic authorities, and rental shall be accounted for as
<br />between Lessor and Lessee as of that date. Such termination, however, shall be without prejudice to the right of either Lessor or
<br />Lessee to recover compensation and damage caused by condemnation from the condemnor. It is further understood and agreed that
<br />IRther the Lessee nor Lessor shall have any rights in any award made to the other by any condemnation authority.
<br />TICE: Any demand to be made or notice to be given hereunder shall be made on, or given to the Lessee either personally, or, at
<br />the Lessor's option, by sending a copy of such demand or notice by -mail addressed to the Lessee at the demised premises.
<br />,WAIVER: No waiver at any time of the right to terminate this Lease shall impair the right of the Lessor to insist upon such termina-
<br />Jion in the event of subsequent breach or default by Lessee, nor shall the acceptance of rent at any time constitute such waiver of
<br />default or waiver of damages, and in addition to any other remedies which ' the Lessor may have, the Lessor may apply for and
<br />obtain an injunction or use any other legal process to enforce the Lessor's rights.
<br />MORTGAGES: This Lease is and shall always be subordinate to any mortgage or mortgages which now or shall at any time' be placed
<br />upon the demised premises or any part thereof, and the Lessee agrees to execute and deliver any instrument, without cost, which may be
<br />deemed necessary to further effect the subordination of this Lease to any such mortgage or mortgages.
<br />/LIEN: All
<br />1proTperty of the Lessee now or hereafter placed in or upon the demised premises (except such part of the merchandise that
<br />is to be— Sold from time to time in t� ordinary course ot trade I is erl re v 4llhierted to 2 lien in favor of t P T PCenr an eW.
<br />remain subject to such lien of the Lessor for the payment of all rents and other sums agreed to be paid by the _Lessee herein. Said
<br />lien to be in addition to any cumulative of the Landlord's lien provided by law.
<br />POSSESSION: If, for any reason, the premises herein demised shall not be ready for occupany by the Lessee at the time of the com-
<br />mencement of this Lease, this Lease shall not be affected thereby, nor shall the Lessee have any claim against the Lessor by reason
<br />thereof, but no rent shall be payable for the period during which the premises shall not be ready for occupancy; and all claims for
<br />damages arising out of such delay are waived and released by the Lessee. Rent -for any fractional month at the beginning or the
<br />end of the lease term shall be prorated.
<br />FIRE CLAUSE: In the event that the premises hereby demised, or the building of which the same is a part, shall be partially damaged
<br />by fire, the elements, civil disorder, or other casualty, the Lessee shall give immediate notice thereof to the Lessor and the same shall
<br />be repaired at the expense of the Lessor without unreasonable delay. Lessee shall receive an abatement of rent proportionate to the
<br />damage to the demised premises; and in the event that the damage should be so extensive as to render the demised premises untenant-
<br />able, the rent shall cease until such time as the premises shall again be put into repair, but in the event of the building being damaged
<br />by fire or otherwise to such an extent as to render it necessary in the judgment of the Lessor not to rebuild the same (and whether
<br />or not the demised premises be affected), then, at the option of the Lessor, and upon notice to Lessee, and from thenceforth this Lease
<br />JWcease and come to an end, and the rent shall be apportioned and paid up to date of such damage. If Lessor elects to rebuild
<br />premises and continue this Lease, Lessor shall notify Lessee of such intention within thirty (30) days of the date of the damage;
<br />erwise, this Lease shall be deemed cancelled and of no further force or effect.
<br />DEFAULT: In the event that the Lessee shall default in the prompt payment of rent when the same is due, or shall violate or omit
<br />to perform any of the provisions of this Lease herein contained, or in -the event that the Lessee shall abandon the business or the
<br />premises or leave them vacant, Lessor may, if he so elects, send written notice of such default, violation or omission to the Lessee,
<br />by mail or otherwise, at the demised premises, and unless Lessee shall have completely cured or removed said default within ten (10)
<br />days after the sending of such notice by Lessor, Lessor may thereupon re-enter the demised premises, by summary proceedings or by
<br />force or otherwise without being liable for prosecution therefor, take possession of said premises and remove all persons and property
<br />therefrom, and may elect to. either cancel this Lease or relet the premises as agent for the Lessee or otherwise, and receive the rent
<br />therefor, applying the same first to the payment of such expenses as the Lessor may be put to in entering and letting; and then
<br />to the payment of the rent payable under this Lease and the fulfillment of the. Lessee's covenants hereunder; the balance (if any) to
<br />be paid to the Lessee who shall remain liable for any deficiency. On any sums due under the terms of this Lease placed in the hands
<br />of an attorney after default or collected through any judicial probate or bankruptcy proceedings, Lessee agrees to pay a reasonable
<br />attorney's fee, together with all court costs. Past due installments of rent shall bear interest at the rate of eight (8) per cent per
<br />annum until paid. In the event the Lessee shall continue to hold the demised premises, after demand therefor by Lessor, at the
<br />termination of this Lease, or for default or breach of this Lease, that the Lessor shall be entitled to institute and maintain a Forcible
<br />Entry and Detainer suit in the Justice Court and obtain a writ of possession for the demised premises.
<br />BANKRUPTCY.- In the event that the Lessee shall become bankrupt, voluntary or involuntary, or shall make a voluntary assignment
<br />for the benefit of creditors, or in the event that a receiver for the Lessee shall be appointed, then, at the option of the Lessor and
<br />upon ten (10) days notice to the Lessee or Lessee's representatives, of the exercise of such notice, this Lease shall cease and come to an end.
<br />HOLDING OVER: It is agreed and understood that any holding over by the Lessee of the hereby demised premises at the expiration of
<br />this Lease shall operate and be construed as a tenancy from month to month at a rental of one and one-half times the current monthly
<br />rental, and Lessee shall be liable to Lessor for all loss or damage on account of any holding over against Lessor's willafter the termi-
<br />nation of this Lease, whether such loss or damage may be contemplated at this time or not.
<br />SEVERABILITY: In the event of litigation on this instrument and should one or more clauses be found invalid all other provisions
<br />of the lease are to stand as written.
<br />ES: Lessor agrees to pay before they become delinquent all real property taxes and assessments lawfully levied or assessed against
<br />emised premises or any part thereof, provided, however, Lessor may, at his sole expense dispute and contest same, and in such
<br />, such disputed item need not be paid until finally adjudged to be valid. If after one year from the commencement date of this
<br />lease,, the real estate taxes on the demised premises are increased by any taxing authority at any time during the remaining portion of
<br />the primary term or any renewal or extension thereof, Lessee agrees to pay to Lessor upon demand, and as additional rental, an
<br />amount monthly equal to 1 / 12 of said increase. Lessee shall pay all taxes levied against personal property, trade fixtures and inven-
<br />tory placed by Lessee in, on or about the demised premises.
<br />BINDING UPON PARTIES: The Covenants and agreements herein contained shall inure to the benefit of and be binding upon the
<br />parties hereto, their respective heirs, legal representatives, successors and assigns.
<br />UTILITIES: Lessor agrees to provide, at his sole expense, water, sewer; electricity, and gas service connections into the demised premises;
<br />but Lessee shall pay all utility connection charges including meters, if any, and all charges incurred for any utility services used on the
<br />demised premises, and shall furnish all electric light bulbs and tubes.
<br />LESSOR TO COT GRASS.
<br />This Lease contains the entire agreement between the parties hereto, and no representations, warranties, express or implied,
<br />inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect.
<br />EXECUTED in two original copies this the — day of , 1977 .
<br />LA PORTS ANCB COMPANY CITY OF LA PORTS
<br />: HY=
<br />Lessee
<br />67/
<br />Brokers)
<br />01976 Texas Standard Forms, Box 26, San Antonio, Texas 78291 — Foizn No. 7
<br />Telephone (S 12) — 227-9185
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