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<br />LANDLORD SHALL, IN ADDITION TO ALL OF ITS RIGHTS HEREUNDER, ALSO
<br />HAVE ALL OF THE RIGHTS AND REMEDIES OF A SECURED PARTY UNDER THE
<br />TEXAS BUSINESS AND COMMERCE CODE.
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<br />In the event that Lessor shall have taken possession of the Premise pursuant to the
<br />authority herein granted in connection with an Event of Default or for any other lawful
<br />reason, Lessor shall have the right to keep in place and use all of the furniture, fixtures,
<br />equipment and other personal property at the Premises, including that which is owned
<br />by or leased to Lessee, at all times prior to any foreclosure thereon by Lessor or
<br />repossession thereof by any lessor thereof or third party having a lien thereon.
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<br />Lessor shall also have the right to remove from the Premises and Shopping Center
<br />(without the necessity of obtaining a distress warrant, writ of sequestration or other
<br />legal process) all or any portion of such furniture, fixtures, equipment and other
<br />personal property located thereon and place same in storage at any location within the
<br />county in which the Premises are located or dispose of same in any manner acceptable
<br />to Lessor; and in such event, Lessee shall be liable to Lessor for costs incurred by
<br />Lessor in connection with such removal, storage and/or disposal and shall indemnify
<br />and hold Lessor harmless form all loss, damage, cost, expense and liability in
<br />connection with such removal, storage and/or disposal. Lessee stipulates and agrees
<br />that the rights herein granted Lessor are commercially reasonable and neccessary and
<br />Lessor agrees to mitigate all cost.
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<br />23. Mechanic's Liens. Nothing in this Lease shall be deemed or construed in any way
<br />as constituting the consent or request of Lessor, express or implied, to any contractor,
<br />subcontractor, laborer or material man for the performance of any labor or the
<br />furnishing of any materials for any specific improvement, alteration to, or repair of the
<br />Premises or any part thereof, nor as giving Lessee any right, power or authority to
<br />contract for or permit the rendering of any service or the furnishing of any materials that
<br />would give rise to the filing of any lien against the Shopping Center or any part thereof.
<br />Lessee agrees to ensure that no mechanic's or material man's lien shall be filed against
<br />the Premises or the Shopping Center, or any part thereof, for any work claimed to have
<br />been done or for any material claimed to have been furnished to Lessee and, if any
<br />such liens are filed against the Premises or the Shopping Center, or any part thereof,
<br />Lessee shall discharge same within five (5) days thereafter. If Lessee shall fail to
<br />cause such lien, encumbrance, or charge to be discharged within the five (5) day
<br />period, Lessor may, but shall not be obligated to, discharge the lien, either by paying
<br />the amount claimed to be due or by pursuing the discharge of the lien through judicial
<br />proceedings. Lessee agrees to pay Lessor, upon demand as additional rent, the sum
<br />paid by Lessor to discharge the mechanic's or material man's liens, together with court
<br />costs and reasonable attorney's fees. At the request of Lessor, Lessee agrees to
<br />secure a payment bond satisfactory to Lessor, securing the payment of all amounts due
<br />to mechanics and material men in connection with any work claimed to have been done
<br />or material claimed to have been furnished to Lessee in connection with alterations or
<br />repairs to the Premises or the Shopping Center.
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<br />24. Security Deposit. In addition to the Rent for the first month of this Lease, Lessee
<br />shall pay to the Lessor the Security Deposit, if any, which shall remain on deposit with
<br />Lessor, without liability for interest, as security for the faithful performance of all the
<br />terms and conditions of this Lease by Lessee. If Lessee should default in performing
<br />any term or provision of this Lease, then the Security Deposit, or any part thereof, may
<br />be applied to the damages or expenses sustained by Lessor by reason of such default,
<br />or indebtedness owing by reason of any failure of Lessee to make any required
<br />monetary payment hereunder. Such application shall not be construed as an
<br />agreement to limit the amount of Lessor's claim or as a waiver of any damages, but on
<br />the contrary, Lessor's claim for damages not covered by such Security Deposit shall
<br />remain in full force and effect, and Lessee agrees to pay to Lessor the sum necessary
<br />to maintain the security deposit in the sum called for above within thirty days after
<br />Lessee receives notice that a portion of the Security Deposit has been applied to
<br />damages or expenses sustained by Lessor.
<br />14 Lessee tt
<br />Lessor k t-tJ
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