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AG 2010 01 19
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AG 2010 01 19
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Last modified
2/9/2010 10:51:47 AM
Creation date
11/27/2017 11:21:47 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/9/2010
Board
Board of Commissioners
Meeting Type
Regular
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16. SUBORDINATION. Lessor represents and warrants that the Premises has not <br />been pledged as security for any mortgage or deed of trust and Lessor agrees not to pledge the <br />Premises as security for any obligation during the teen of this Lease. <br />17. CONDEMNATION. Li the event that some part of the Premises shall be taken <br />by. eminent, domain or,in any mariner for a public use, by an entity other than Lessee, the.lease <br />shall not terminate. Lessee shall not be entitled to any part of any award or payment which may <br />be paid to Lessor or made for Lessor's benefit in connection with such public use and Lessee <br />shall have no claim or rights as against Lessor for the value of any miexpired teini of this Lease. <br />It is provided, however, that the widening of streets abutting the land on which the Building <br />stands shall not affect this Lease, provided that no material part of the Building ~is so taken. <br />T8. OUIET ENJOYMENT. ~ Lessor agrees that Lessee on paying the rent and <br />performing all the terms and conditions of this Lease shall quietly have, hold and enjoy the <br />Preinise:s for the term of this Lease. <br />19. NOTICES. Any notice or demand which by any provision of this Agreement is <br />required or allowed to be given by either party to the other shall be deemed to have been <br />sufficiently given for all purposes when made in writing and sent in the United States mail as <br />certified or registered mail, return receipt requested, postage prepaid and addressed: (a) if to <br />Lessee, to 65 Church Street, Concord, North Carolina 28025, and (b) if to Lessor, to the same <br />address or to such other place as Lessor may from time to time designate in a notice to Lessee. <br />20. HEIRS AND ASSIGNS. The provisions of this Lease shall bind and inure to the <br />benefit of lessor and Lessee, and their respective successors, heirs, legal representatives and ' <br />assigns. It is understood and agreed, however, that the term "Lessor",'as used in this Lease, <br />means the owner or the Lessor for the time being of the Building of which the Premises are a part, <br />so that in the event of any sale or sales (including, without limitation, any judicial sale, any sale in <br />foreclosure and any sale pursuant to power of sale contained in a mortgage or deed of trust <br />affecting all or any part of the Building or the Land or a leasehold interest in the Land of the <br />Building) of such property or of any lease, the Lessor named herein shall be and is entirely freed <br />and relieved of all covenants and obligations of Lessor hereunder accruing thereafter, and it shall <br />be deemed without further agreement that the purchaser has assumed and agreed to carry out any <br />and all covenants and obligations of Lessor hereunder duruig the period such party has possession <br />of the Land and Building. Lessee shall fiom time to time upon request of Lessor execute and <br />deliver to Lessor a certificate or certificates stating that this Lease is unmodified and in full force <br />and effect or in full force and effect as modified and stating the modifications. Such certificates <br />shall also state the amount of Base Rent and Additional Rent then in effect, the dates to which <br />rent has been paid in advance, the amount of any security deposit, and shall specify any default in <br />~,essor's performance claimed by Lessee. <br />21. INTEGRATION AND BINDING EFFECT. The entire agreement, intent and <br />understanding between Lessor and Lessee is contained in the provisions of this Lease and any <br />stipulations, promises or agreements, written or oral, made prior to or contemporaneously with <br />this Lease shall have no legal or equitable effect or consequence unless reduced to writing and <br />executed by the parties. This Lease shall be governed and construed pursuant to the laws of the <br />State of North Carolina. <br />22. COMPLIANCE BY LESSEE WITH GOVERNMENTAL REGULATIONS. 111 the <br />performance of any acts required of or permitted to Lessee under Paragraph 9 or any other <br />provision of this Lease, Lessee shall obey and comply with all lawful requirements, rules, <br />regulations, and ordinances of all legally constituted authorities, existing at any time during the <br />continuance of such pet•foi-inance in auy way affecting the Premises or the use of the Premises by <br /> <br />F-1 <br />Attachment number 2 <br />Page 68 <br />
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