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Res 2012-003
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Res 2012-003
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1/20/2012 4:44:12 PM
Creation date
1/13/2012 1:28:22 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-003
Date
1/3/2012
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City of San Marcos Airport <br />employees shall not be liable for any damages or injuries that result to the <br />LESSEE from any action taken under this paragraph, whether caused by <br />the negligence of the LESSOR or otherwise. <br />11.04. The LESSOR's pursuit of any of these remedies will not preclude pursuit of any <br />other remedies provided under this LEASE or by law, nor will pursuit of any <br />remedy constitute a waiver of any rent due to the LESSOR or of any damages <br />caused to the lessor by any violation of this lease by the LESSEE. Any failure by <br />the LESSOR to enforce a remedy upon an event of default shall not be deemed to <br />constitute a waiver of the default or of the LESSOR's right to insist on strict <br />compliance with this LEASE. <br />11.05. If it becomes necessary for the LESSOR to employ an attorney to enforce or <br />defend any of the LESSOR's rights or remedies because of any breach or default <br />by the LESSEE under this LEASE, the LESSEE agrees to pay all reasonable <br />attorney's fees incurred by the LESSOR, within Thirty (30) days of the <br />LESSOR's issuance of a statement for the fees to the LESSEE. <br />ARTICLE 12. LESSOR'S LIEN <br />12.01. The LESSEE grants to the LESSOR a valid first security interest upon all of the <br />LESSEE's goods, chattels, furniture, trade fixtures, inventory and other property <br />upon the LEASED PREMISES to secure all rents and other sums due or to <br />become due to the LESSOR. The LESSEE expressly waives all exemption laws <br />in favor of this security interest; and it is agreed that this express security interest <br />shall be in addition to, and not as a waiver of or substitute for any statutory or <br />other liens of the LESSOR. In connection with this security interest, it is agreed <br />that in the event of a breach or default by the LESSEE, the LESSOR may exercise <br />all rights and remedies provided to a secured party after default under the <br />Uniform Commercial Code ( "UCC "), as adopted and emended in Texas, with <br />respect to all such property, including, without limitation, the right to take and <br />retain possession of the property and to sell it at public or private sale, or to use it <br />in any other manner authorized or provided in the UCC. Upon request by the <br />LESSOR, the LESSEE agrees to execute and deliver UCC Financing Statements <br />to the LESSOR from time to time as the LESSOR deems necessary to perfect the <br />LESSOR's security interest in the property, and proceeds thereof under the <br />provisions of the UCC. <br />ARTICLE 13. LESSEE'S MORTGAGE OF LEASEHOLD INTEREST <br />Initials: Lessor Lessee r <br />
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