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Res 1997-107
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Res 1997-107
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6/11/2007 3:57:06 PM
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6/11/2007 3:57:06 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
1997-107
Date
6/23/1997
Volume Book
129
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<br /> 7bfl <br /> ARTICLE 14. <br /> Landlord's Lien <br />14.1 Lessee grants to Lessor a valid first security interest upon all the goods, chattel, furniture, <br /> trade fIXtures and property which Lessee may have or own upon the Leased Premises at any <br /> time or times during the term of this Lease, as well as upon the proceeds of any insurance <br /> accruing to Lessee by reason of any destruction of or damage to any such property, to <br /> secure all rents and other sums due or to become due Lessor, and all exception laws being <br /> expressly waived in favor of such security interest shall not be construed as a waiver of any <br /> statutory or other liens given or which may be given to Lessor but shall be in addition. In <br /> connection with the security interest granted Lessor, it is agreed that in the event of default <br /> by Lessee, Lessor shall have and be entitled to exercise all right and remedies provided or <br /> granted to a secured party after default under the Uniform Commercial Code ("UCC") with <br /> respect to any and all such property, including, without limitation, the right to take and retain <br /> possession of any or all property and to sell or otherwise utilize same at public or private sale <br /> or in any other manner authorized or provided in the UCC. Upon request by Lessor, Lessee <br /> agrees to execute and deliver to Lessor from time to time UCC Financing Statements as <br /> Lessor may deem necessary to perfect the security interest of Lessor in the aforementioned <br /> property and proceeds under the provisions of the UCC in force in the State of Texas. <br /> ARTICLE 15. <br /> Subordination <br />15.1 This lease is subject and subordinate to any mortgage, deed of trust or other lien which may <br /> encumber the Leased Premises and to all renewals, modifications, consolidations, <br /> replacements and extensions. This clause shall be self operative and no further instrument <br /> of subordination need be required by any mortgagee. In confirmation of such subordination, <br /> however, Lessee shall, at Lessor's request, execute promptly any appropriate certificate or <br /> instrument that Lessor may request. Lessee constitutes and appoints Lessor as Lessee's <br /> attomey-in-fact to execute any certificate or instrument for an behalf of Lessee. In the event <br /> of the enforcement by the trustee or the beneficiary under any mortgage or deed of trust of <br /> the remedies provided for by law or by a mortgage or deed of trust, Lessee will, upon request <br /> of any person or parties succeeding to the interest of Lessor as a result of the enforcement, <br /> automatically become the Lessee of the successor-in-interest without change in the items <br /> or other provisions of this Lease. <br /> ARTICLE 16. <br /> Operation of the Airport <br />16.1 Lessor reserves the right to operator the Airport in accordance with the obligations to the <br /> Federal or State govemment under any of the agreements for which aid for development was <br /> granted; however, if operation restricts the operation of Lessee on the demised premises, <br /> appropriate rental reductions shall be negotiated. In the event that appropriate rental <br /> reductions cannot be negotiated between the parties, then this Lease shall terminate and the <br /> parties shall have no further obligations. <br />16.2 It is specifically understood and agreed that nothing contained shall be construed as a <br /> granting or authorizing the granting of an exclusive right for exercising an aeronautical activity <br /> which is discriminatory, and Lessee specifically agrees to operate a non-discriminatory <br /> operation. Lessee, its officers, agents and employees, will not discriminate in any manner <br /> 9 <br />
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