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<br /> consequence of any alleged default by Landlord under this Lease, un1ess and until Land\ord faDs to
<br /> peñorm any of its obligations hereunder and said failure continues for a period of 30 days after Tenant
<br /> gives Landlord, and (provided that Tenant shall have been given the name and I1ddress of Landlord's
<br /> Mortgagee) Landlord's Mortgagee, written notice thereof specifying, with reasonab1e pnr\ic\I\arity, the
<br /> nature of Landlord's failure; provided, however, that if the failure cannot reasonably be cured within the
<br /> 30 day time period, Landlord shall not be in default hereunder if Landlord or Landlord's Mortgagee
<br /> commences to cure the failure within the 30 days and thereafter pursues the curing of same diligently to
<br /> completion. If Landlord defaults under this Lease, and, as a consequence of the default, Tenant recovers
<br /> a money judgment against Landlord, the judgment shall be satisfied only out of, and Tenant hereby agrees
<br /> to look solely to, the interest of Landlord in the Shopping Center as the same may then be encumbered,
<br /> and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to
<br /> levy execution against any property of Landlord other than its interest in the Shopping Center. The
<br /> foregoing shall not limit any right that Tenant might have to obtain specific peñonnance of Landlord's
<br /> obligations hereunder.
<br /> 24. Landlord's Lien. IN ADDITION TO THE STATUTORY LANDLORD'S LIEN,
<br /> LANDLORD SHALL HAVE AT ALL TIMES (AND IS HEREBY GRANTED) A VALID SECURITY
<br /> INTEREST AND LIEN TO SECURE PAYMENT OF ANY DAMAGES OR LOSS WHICH
<br /> LANDLORD MAY SUFFER BY REASON OF THE BREACH BY TENANT OF ANY COVENANT,
<br /> AGREEMENT OR CONDITION CONTAINED HEREIN, UPON ALL GOODS, WARES,
<br /> EQUIPMENT, FIXTURES, FURNITURE, IMPROVEMENTS AND OTHER PERSONAL PROPERTY
<br /> OF TENANT, PRESENTLY, OR WHICH MAY HEREAFTER BE SITUATED ON THE DEMISED
<br /> PREMISES, AND ALL PROCEEDS THEREFROM, AND SUCH PROPERTY SHALL NOT BE
<br /> REMOVED THEREFROM, WITIIOUT THE CONSENT OF LANDLORD UNTIL ALL ARREARAGES
<br /> IN RENT, AS WELL AS ANY AND ALL OTIlER SUMS OR MONEY TIlEN DUE TO LANDLORD
<br /> HEREUNDER, SHALL FIRST HAVE BEEN PAID AND DISCHARGED AND ALL COVENANTS,
<br /> AGREEMENTS AND CONDITIONS HEREOF HA VB BEEN FULLY COMPLIED WITH AND
<br /> PERFORMED BY TENANT.
<br /> LANDLORD, UPON THE OCCURRENCE OF AN EVENT OF DEFAULT BY TENANT,
<br /> MAY, IN ADDITION TO ANY OTHER REMEDIES PROVIDED HEREIN, ENTER UPON THE
<br /> DEMISED PREMISES, WITHOlIT LIABll..ITY FOR TRESPASS OR CONVERSION, AND SELL
<br /> THE SAME AT PUBLIC OR PRIVATE SALE, WITH OR WITIIOlIT HAVING SUCH PROPERTY AT
<br /> THE SALE, AFIER GIVING TENANT REASONABLE NOTICE. OF THE TIME AND PLACE OF
<br /> ANY PUBLIC SALE OR OF THE TIME AFI'ER WInCH ANY PRlV ATE SALE IS TO BE MADE, AT
<br /> WInCH SALE THE LANDLORD OR ITS ASSIGNS MAY PURCHASE UNLESS OTHERWISE
<br /> PROHIBITED BY LAW, AND WITHOUT INTENDING TO EXCLUDE ANY OTHER MANNER OF
<br /> GIVING TENANT REASONABLE NOTICE. THE REQUIREMENT OF REASONABLE NOTICE
<br /> SHALL BE MET IS SUCH NOTICE IS GIVEN IN 'THE MANNER PRESCRIBED IN THIS LEASE
<br /> TEN (10) DAYS BEFORE THE TIME OF SALE. ANY SALE MADE PURSUANT TO THE
<br /> PROVISIONS OF THIS PARAGRAPH SHALL BE DEEMED TO HAVE BEEN A PUBLIC SALE
<br /> CONDUCTED IN A COMMERCIALLY REASONABLE MANNER IF HELD IN THE ABOVE.
<br /> DESCRIBED DEMISED PREMISES OR WHERE THE PROPERTY IS LOCATED AFTER THE TIME,
<br /> PLACE AND METHOD OF SALE AND A GENERAL DESCRIPTION OF THE TYPES OF
<br /> PROPERTY TO BE SOLD HAVE BEEN ADVERTISED IN A DAILY NEWSPAPER PUBLISHED IN
<br /> THE COUNTY IN WInCH DEMISED PREMISES IS LOCATED FOR TEN (10) DAYS BEFORE THE
<br /> DATE OF SALE. THE PROCEEDS FROM ANY SUCH SALE OR DISPOSITION, LESS ANY AND
<br /> ALL EXPENSES CONNECTED WIlli TIlE TAKING OF POSSESSION, HOLDING AND SELLING
<br /> OF 'mE PROPERTY (INCLUDING REASONABLE ATTORNEY'S FEES AND LEGAL EXPENSE),
<br /> SHALL BE APPLIED AS A CREDIT AGAINST THE INDEBTEDNESS SECURED BY THE
<br /> SECURITY INTEREST GRANTED IN TIllS PARAGRAPH. ANY SURPLUS SHALL BE PAID TO
<br /> TENANT OR AS OTHERWISE REQUIRED BY LAW, AND TENANT SHALL PAY ANY
<br /> DEFICIENCIES FORTHWITH. UPON REQUEST BY LANDLORD, TENANT AGREES TO
<br /> EXECUTE AND DELIVER TO LANDLORD A FINANCING STATEMENT IN FORM SUFFICIENT
<br /> TO PERFECT 'mE SECURITY INTEREST OF LANDLORD IN TIlE AFOREMENTIONED
<br /> PROPERTY AND PROCEEDS TIlEREOF UNDER THE PROVISIONS OF TIlE UNIFORM
<br /> COMMERCIAL CODE IN FORCE IN THE STATE OF TEXAS. TIlE STATUTORY LIEN FOR RENT
<br /> IS NOT HEREBY WAIVED, TIlE SECURITY INTEREST HEREIN GRANTED BEING IN ADDITION
<br /> t
<br /> AND SUPPLEMENTARY THERETO. ANY CARBON, PHOTOGRAPHIC OR OTHER
<br /> REPRODUCTION OF THIS LEASE OR ANY FINANCING STATEMENT SIGNED BY TENANT IS
<br /> SUFFICIENT AS A FINANCING STATEMENT FOR ALL PURPOSES. INCLUDING WITHOUT
<br /> LIMITATION, FILING IN ANY STATE AS MY BE PERMITTED BY THE PROVISIONS OF TIlE
<br /> UNIFORM COMMERCIAL CODE OF SUCH STATE.
<br /> If Landlord requests, Tenant agrees to execute a short form, recordable declaration of lease to be
<br /> furnished by Landlord at the commencement of the Term hereof, and any other security documents
<br /> necessary to perfect the Landlord's lien granted hereunder.
<br /> 25. Late Char~es. In the event Tenant fails to pay to Landlord when due any installment
<br /> of rent or other sum to be paid to Landlord which may become due hereunder, Landlord will incur
<br /> additional expenses in an amount not readily ascertainable and which has not heen elsewhere provided for
<br /> between Landlord and Tenant. If Tenant should fail to pay to Landlord when due any installment of rent
<br /> 9/12 Landlord:
<br /> Tenant:
<br />
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