Common use of Lessor's Lien Clause in Contracts

Lessor's Lien. To the fullest extent permitted by applicable law, Lessor is granted a lien and security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.

Lessor's Lien. To In addition to the fullest extent permitted by applicable lawstatutory landlord's lien, Lessor shall have at all times, and Lessee does hereby grant to Lessor, a valid contractual lien upon and a security interest upon all goods, wares, equipment, fixtures, furniture and other personal property of Lessee presently or which may hereafter be situated on the Leased Premises and all proceeds therefrom to secure the payment by Lessee of all rentals and other sums of money due hereunder, and such property shall not be removed therefrom without the consent of Lessor until all arrearages in rent, as well as any and all other sums of money then due to Lessor hereunder, shall first have been paid and discharged. Upon the occurrence of an event of default by Lessee, Lessor may sell any and all improvements, goods, wares, equipment, fixtures, furniture and other personal property of Lessee situated on the Leased Premises at one or more public or private sales after giving Lessee reasonable notice of the time and place of any public sale or sales or of the time after which any private sale or sales are to be made, with or without having such property at the sale, at which Lessor or its assigns may purchase property to be sold, being the highest bidder therefor. The requirement of reasonable notice to Lessee hereunder shall be met if such notice is granted given in the manner prescribed in Section 18.06 of this Lease at least ten (10) days before the time of sale. The proceeds from any such disposition less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney's fees and legal expenses) shall be applied as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee or as otherwise required by law. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor a financing statement in form sufficient to perfect the security interest of Lessor in the aforesaid property and proceeds under the provisions of the Uniform Commercial Code in force in the state in which the Leased Premises are located. Notwithstanding anything to the contrary stated herein, the statutory lien of Lessor and the landlord's lien and security interest on all granted in this paragraph are subject and subordinate to the rights, if any, of the holder of any indebtedness secured by Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security leasehold interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased PropertyPremises or in equipment or other property located thereon, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against execute such additional documents as shall be necessary to effect or incurred by evidence such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectsubordination.

Lessor's Lien. To Lessee hereby grants to Lessor, to secure payment by Lessee of all Base Rent, Additional Rent, and all other payments to be made by Lessee under this Lease and the fullest extent permitted performance by applicable lawLessee of all its other duties and obligations under this Lease, Lessor is granted a first priority lien and security interest on in all Lessee's Personal Property equipment, trade fixtures, goods and other tangible personal property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all hereafter owned by Lessee (exclusive of Lessee's proprietary equipment, software and data) and located on the Leased Premises, and all substitutions, replacements, additions and accessions thereto and proceeds thereof. No such property shall be removed from the Leased Premises without the consent of Lessor until all Base Rent, Additional Rent and other amounts payable under this Lease have been paid and until Lessee has fully and completely performed all of the other duties and obligations hereunder; provided, howeverof Lessee under this Lease. If Lessee is in default under this Lease, Lessor shall subordinate its lien have, in addition to all other rights and security interest only remedies, provided for herein or allowed by law or in equity, all rights and remedies of a secured party under the Uniform Commercial Code, including the right to sell any or all of the property described above at one or more public or private sales upon providing the notice required by the Uniform Commercial Code. Lessee agrees that ten (10) days prior notice of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of sale will constitute commercially reasonable discretionnotice. Lessee shall, upon at the request of Lessor, execute and deliver such additional documents as may be reasonably required, including Uniform Commercial Code financing statements or other documents or instruments reasonably requested by Lessor statements, to perfect the lien and security interests interest granted by Lessee to Lessor herein. Any statutory lien for rent is not waived, the express contractual lien and security interest herein granted. 7.1granted being supplementary thereto. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt Lessor agrees to subordinate its foregoing contractual lien rights and delivery of possession of the Leased Property. Lessee has examined all other statutory and otherwise has knowledge of the condition of the Leased Property and has found the same constitutional lien rights to be satisfactory a third party providing furniture, fixtures and/or equipment for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects Lessee's use in the Leased PropertyPremises during the Term of this Lease (or providing funds for the acquisition of same), provided that (i) there is no uncured event of default by Lessee under the Lease at the time of such subordination; (ii) such subordination shall be limited to the specified items, amount and Lessor shalltime stated in the subordinating instrument; and (iii) such subordination shall be in writing, if requested signed by all parties and in a form reasonably acceptable to Lessor, Lessee and Lessee's lender. Notwithstanding the foregoing, assign Lessor's security interest (i) shall not attach to any personal property subject to an existing perfected security interest (but only for so long as such other security interest exists) in favor of a bank or other financial institution whose loan and security agreements with Lessee prohibit any other liens on such collateral, but (ii) shall be subordinate to any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectexisting security interests that do not prohibit subordinate liens.

Lessor's Lien. To In addition the fullest extent permitted statutory Landlord’s lien, Lessee hereby grants to Lessor, a security interest to secure payment of all rent and other sums of money coming due hereunder from Lessee, and to secure payment of any damages or loss which Lessor may suffer by applicable lawreason of the breach by Lessee of any covenant, agreement, or condition contained herein, upon all equipment, fixtures, furniture, improvements, and other personal property of Lessee presently or which may hereafter be situated on the Leased Premises, and all proceeds therefrom. Such property shall not be removed from the Leased Premises at any time without the consent of the Lessor until all arrearages in rent as well as any other sums of money then due to Lessor hereunder shall first have been paid and discharged, and all the covenants, agreements, and conditions hereof have been fulfilled and performed, by Lessee. In addition to any other remedies provided herein, in the Event of Default, Lessor is granted a lien may enter the Leased Premises and security interest on take possession of any and all Lessee's Personal Property now or hereinafter placed in or equipment, fixtures, furniture, improvements and other personal property of Lessee situated upon the Leased PropertyPremises without liability for trespass or conversion. Lessor may sell the same at a public or private sale, with or without having such property at the sale, after giving Lessee reasonable notice as to the time and place of the sale. At such lien sale, Lessor or its assigns may purchase the property unless such purchase is otherwise prohibited by law. Unless otherwise provided by law, the requirement of reasonable notice shall be met if such notice is given to Lessee at the address hereafter prescribed at least fifteen (15) days prior to the time of the sale. The proceeds of any such disposition, less all expenses connected with the taking of possession and sale of the property, including a reasonable attorney’s fee, shall be applied as a credit against the indebtedness secured by the security interest granted in this paragraph. Any surplus shall remain attached be paid to such Lessee's Personal Property until payment Lessee and Lessee shall pay any deficiencies upon demand. Upon request by Lessor, Lessee will execute and deliver to Lessor a financing statement in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and a form sufficient to perfect the security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon aforementioned property and the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect proceeds thereof under the lien and security interests herein granted. 7.1. Condition provision of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and uniform commercial code in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects force in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates State of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectTexas.

Lessor's Lien. To the fullest extent permitted In addition to any liens and remedies provided by applicable lawlaw to secure and collect rent, Lessee hereby grants to Lessor a contractual Lessor’s Lien upon all property, now or at any time hereafter stored in the Lessee’s Unit(s) or at the facility, to secure the payment of all rents or other charges payable under this Agreement now or in the future. In the event Lessee is in Default of this Agreement, Lessor may begin the enforcement of its lien, including denial of access the Unit(s) by the Lessee, against all property stored in the Unit(s) or at the facility in accordance with the laws of the jurisdiction in which the Lessee’s property is granted located when the Lessor commences the enforcement of its lien. Property may be sold or otherwise disposed of at the facility or nearest suitable location to satisfy the applicable lien law. Proceeds, if any, from the sale of the property in excess amounts owed to Lessor, will be paid (if any) to the state treasurer if unclaimed by the Lessee as prescribed by applicable law (which may be one year or more after the sale). As Lessor has no knowledge of the property stored in Lessee’s Unit(s), Lessee hereby waives any obligation that Lessor provide a description of the property stored in Lessee’s Unit(s) to the extent required by applicable state lien laws. Lessee understands and agrees that full payment of the outstanding balance must be tendered prior to the sale date to stop a scheduled lien. In the event Lessor commences a lien sale due to the Lessee’s default of rent, fees, taxes, or charges under this Agreement, Lessee shall pay all costs and security interest on all expenses incurred by Lessor processing the Lessee's Personal Property now ’s account whether or hereinafter placed in or upon the Leased Propertynot a lien sale occurs. These costs include but are not limited to advertising, mailing fees, and such a lien handling charge. In accordance with Applicable Lien Laws, please provide here the name and address of another person to whom notices of the applicable Lien may be sent: Name (Signature): _ Address: Lessor hereby disclaims any implied or expressed warranties, guarantees, representations of the nature, condition, safety or security interest shall remain attached of the Unit(s) and the facility. Lessee acknowledges that no representations or warranties have been made with respect to such the safety, security, or suitability of the Unit(s) for the storage of property or Lessee's Personal Property until payment in full ’s intended use, and that Lessee has made their own determination of all Rent matters solely from inspection of the Unit(s). Lessee acknowledges and satisfaction agrees that Lessor does not represent or guarantee that safety or security of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that the Unit(s) or the facility or of any non-Affiliate of Lessee which finances property stored therein and the Agreement does not create any contractual duty for Lessor to create or maintain such Lessee's Personal Property safety or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretionsecurity. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee further acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of LesseeUnit(s). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.

Lessor's Lien. To the fullest extent permitted by applicable law, Lessor is granted a In addition to any statutory lien and security interest on all Lesseefor rent in Lessor's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, howeverfavor, Lessor shall subordinate its lien have and Lessee hereby grants to Lessor, a continuing security interest only to that for all rentals and other sums of any non-Affiliate money becoming due hereunder from Lessee, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Lessee which finances situated on the premises subject to this Lease and such Lessee's Personal Property or property shall not be removed therefrom without the consent of Lessor until all arrearage in rent as well as any non-Affiliate conditional seller and all other sums of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory money then due to Lessor hereunder shall first have been paid and discharged. Products of collateral are also covered. In the event of a default under this Lease Lessor shall have, in addition to any other remedies provided herein or by law, all rights and remedies under the exercise of reasonable discretion. Uniform Commercial Code, including without limitation the right to sell the property described in this paragraph at public or private sale upon five (5) days notice to Lessee, Lessee shall, upon the request of Lessor, hereby agrees to execute such financing statements and other instruments necessary or other documents or instruments reasonably requested by Lessor desirable in Lessor's discretion to perfect the security interest hereby created. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. Lessor and Lessee agree that this Lease and security interests agreement serves as a financing statement and that a copy or photograph or other reproduction of this portion of this Lease may be filed of record by Lessor and have the same force and effect as the original. This security agreement and financing statement also covers fixtures located at the premises subject to this Lease and legally described in Exhibit "A", attached hereto and incorporated herein granted. 7.1by this reference, and is to be filed for record in the real estate records. Condition The record owner of this property is the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Propertyunless otherwise designated in writing to Lessor. Lessee has examined and otherwise has knowledge of warrants that the condition of collateral subject to the Leased Property and has found the same to be satisfactory security interest granted herein is not purchased or used by Lessee for its purposes hereunder. Lessee is leasing the Leased Property "as is"personal, "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim family or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defecthousehold purposes.

Lessor's Lien. To ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT MAY BE SOLD TO SATISFY THE LESSOR’S LIEN IF OCCUPANT IS IN DEFAULT AS PROVIDED IN SECTION 44A-40 THROUGH 44A-46, NORTH CAROLINA REVISED STATUTES. a. Lessor shall have a lien on all personal property stored in occupant’s space, whether or not owned by occupant, or on the fullest extent permitted proceeds of said personal property in Lessor’s possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this agreement. If occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by applicable lawoccupant, occupant will be considered in default. b. On the fifteen (15th) day of continuous default, or thereafter, Lessor is granted a may enforce its lien on the personal property stored in the space pursuant to Chapter 44A-40, et. seq. of the North Carolina Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Lessor, postage amounts for mail providing notification of late charges and security interest auctions, expenses necessary for the preservation of the personal property stored on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Propertyleased premises, and such the expenses incurred in the sale or other disposition of said personal property pursuant to law. Lessor will cut the locks on occupant’s space and may remove any and all personal property located within said space for the purpose of selling same. Lessor will first attempt to sell any or all said personal property at public sale. If not sold at public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by Lessor. c. If the property upon which the lien is claimed is a vehicle, watercraft or trailer, and security interest shall rent and other charges related to the property remain attached unpaid or unsatisfied for sixty (60) days following the maturity of the obligation to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertypay rent, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall may have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in property towed from the Leased Propertyself-service storage facility. If Occupant is storing a motor vehicle, and Lessor shallis required to report such sale to the Division of Motor Vehicles, if requested by LesseeOccupant shall pay an additional twenty-five dollar ($25) administrative fee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, which is the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the reasonable cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by Lessor with respect to Lessor’s obligations to report such other party in connection sale to the Division of Motor Vehicles, together with such cooperation, and who further agrees to apply all amounts realized from fees charged by the prosecution Division of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectMotor Vehicles.

Lessor's Lien. To In addition to the fullest extent permitted by applicable lawstatutory landlord's lien, Lessor shall have at all times, and Lessee does hereby grant to Lessor, a valid contractual lien upon and a security interest upon all goods, wares, equipment, fixtures, furniture and other personal property of Lessee presently or which may hereafter be situated on the Lease Premises and all proceeds therefrom to secure the payment by Lessee of all rentals and other sums of money due hereunder, and such property shall not be removed therefrom without the consent of Lessor until all arrearages in rent, as well as any and all other sums of money then due to Lessor hereunder, shall first have been paid and discharged. Upon the occurrence of an event of default by Lessee, Lessor may sell any and all improvements, goods, wares, equipment, fixtures, furniture and other personal property of Lessee situated on the Leased Premises at one or more public or privates sales after giving Lessee reasonable notice of the time and place of any public sale or sales or of the time after which any private sale or sales are to be made, with or without having such property at the sale, at which Lessor or is granted assigns may purchase property to be sold, being the highest bidder therefor. The requirement of reasonable notice to Lessee hereunder shall be met if such notice is given in the manner prescribed in Section 18.____ of this Lease at least ten (10) days before the time or sale. The proceeds from any such disposition less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney's fees and legal expenses) shall be applied as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee or as otherwise required by law. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor a financing statement in form sufficient to prefect the security interest of Lessor in the aforesaid property and proceeds under the provisions of the Uniform Commercial Code in force in the State in which the Leased Premises are located. Notwithstanding anything to the contrary stated herein, the statutory lien of Lessor and the landlord's lien and security interest on all granted in this paragraph are subject and subordinate to the rights, if any, of the holder of any indebtedness secured by Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security leasehold interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased PropertyPremises or in equipment or other personal property located thereon, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against execute such additional documents as shall be necessary to effect or incurred by evidence such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectsubordination.

Lessor's Lien. To the fullest extent permitted by applicable lawIn addition to any statutory lien for rent in Lessor's favor, Lessor is granted shall have and Lessee hereby grants to Lessor a lien and continuing security interest on for all rentals and other sums of money become due hereunder from Lessee's Personal Property , upon all goods, wares, equipment, fixtures, furniture, inventory, and other personal property of Lessee now or hereinafter placed hereafter situated at 1746 ▇▇▇▇ ▇▇▇▇▇▇, ▇▇d such property shall not be removed therefrom without the consent of Lessor until all arrearages in or upon rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the Leased Propertyevent any of the foregoing described property is removed from the Premises in violation of the covenant in the preceding sentence, and such lien and the security interest shall remain attached continue in such property and all proceeds and products, regardless of location. Upon a default hereunder by Lessee in addition to such Lessee's Personal Property until payment in full of all Rent other rights and satisfaction of all of Lessee's obligations hereunder; provided, howeverremedies, Lessor shall subordinate its lien have all rights and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertyremedies under the Uniform Commercial Code, including without limitation, the terms and conditions of such subordination right to be satisfactory to Lessor sell the property described in the exercise of reasonable discretionthis Paragraph at public or private sale upon five (5) days notice by Lessor. Lessee shall, upon the request of Lessor, hereby agrees to execute such financing statements other instruments, necessary or other documents or instruments reasonably requested by Lessor desirable under applicable law to perfect the lien security interest hereby created. Lessor and Lessee agree that this Lease and security interests herein granted. 7.1. Condition agreement serves as a financing statement and that a copy, photographic or other reproduction of this portion of the Leased Property. --------------------------------- Lessee acknowledges receipt Lease may be filed of record by Lessor and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found have the same force and effect as the original. This security agreement and financing statement also covers fixtures located at the premises subject to this Lease and legally described in Exhibit "A" attached hereto and incorporated herein by reference and is to be satisfactory filed for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects record in the Leased Propertyreal estate records. The record owner of this property is VALWOOD WEST ASSOCIATES. EXECUTED BY LESSOR, and Lessor shallthis day of , if requested by Lessee19 . Attest/Witness VALWOOD WEST ASSOCIATES By: Valwest Partners Ltd. By: TCC North Dallas Div. #1, assign any such right to Lessee (other than claims against Affiliates of Lessee)Inc. ----------------------------------- By -------------------------------------- Title: John ▇. If either party determines to exercise such right▇▇▇▇▇, the other party shall fully cooperate in the prosecution of any such claim▇▇I, in Lessor's or Lessee's namePresident ----------------------------- BY: CIIF ASSOCIATES A Massachusetts General Partnership By: Copl▇▇ ▇▇▇isors, all at the cost and expense of the prosecuting partyInc., who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.Managing General Partner By: ------------------------------------- Will▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title: Managing General Director ----------------------------------

Lessor's Lien. To Notwithstanding anything herein to the fullest extent permitted by applicable lawcontrary, Lessor is granted a lien waives any and security all rights, title and interest on all Lessor now has, or hereafter may have, whether statutory or otherwise, to Lessee's Personal Property now inventory, equipment, furnishings, trade fixtures, books and records, personal property, and tenant improvements paid for by Lessee located at the Premises (singly and/or collectively, the "Collateral"). Lessor acknowledges that Lessor has no lien, right, claim, interest or hereinafter placed title in or upon to the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Collateral. Lessor shall subordinate its lien and security interest only to further agrees that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right right, at its discretion, to proceed against any predecessor in title for breaches of warranties mortgage, pledge, hypothecate or representations or for latent defects grant a security interest in the Leased PropertyCollateral as security for its obligations under any equipment lease or other financing arrangement related to the conduct of Lessee's business at the Premises. Lessor further agrees to execute and deliver within three (3) business days any UCC filing statement or other documentation required to be executed in connection with any such lease or financing arrangement. LESSEE'S TRADE FIXTURES AND EQUIPMENT. Notwithstanding the foregoing, all trade fixtures, signs, equipment, furniture, or other personal property of whatever kind and nature kept or installed on the Premises by Lessee shall not become the property of Lessor or a part of the realty no matter how affixed to the Premises and may be removed by Lessee at any time and from time to time during the entire term of this Lease. Upon request of Lessee or its assignees or any subtenant, Lessor shall execute and deliver any real estate consent or waiver forms submitted by any vendors, equipment, lessors, chattel mortgagees, or holders or owners of any trade fixtures, signs, equipment, furniture, or other personal property of any kind and description kept or installed on the Premises setting forth that Lessor waives, in favor of the vendor, equipment lessor, chattel mortgagee, or any holder or owner, any superior lien, claim, interest or other right therein. Lessor shall further acknowledge that property covered by the consent or waiver forms is personal property and is not to become a part of the realty no matter how affixed thereto, and Lessor shallthat such property may be removed from the Premises by the vendor, if requested by Lesseeequipment lessor, assign chattel mortgagee, owner, or holder at any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate time upon default in the prosecution terms of such chattel mortgage or other similar documents, free and clear of any claim or lien of Lessor. Lessee shall promptly repair any damage caused by the removal of such claimproperty, in Lessor's whether effected by Lessee or Lessee's namevendors, all at the cost and expense of the prosecuting partychattel mortgagees, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectequipment lessors.

Lessor's Lien. To Section 24.01 This Lease and the fullest extent permitted by applicable lawrights of Lessee shall be and are hereby made subject and subordinate to the lien of any mortgages, Lessor is granted a lien deeds of trust, assignments of rents, and security interest on all Lessee's Personal Property interests now or hereinafter placed in or upon hereafter existing against the Leased PropertyDemised Premises, and such lien to all renewals, modifications, consolidations, replacements and security interest shall remain attached extensions thereof and to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property advances made now or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. future Although the subordination shall be self- operating, Lessee shallor its successors-in- interest, shall upon the request of Lessor's request, execute and delivery any and all instruments reasonably desired by Lessor, execute such financing statements or other documents or instruments subordinating, in the manner reasonably requested by Lessor, this Lease to any mortgage or deed of trust; provided Lessor simultaneously provides a nondisturbance agreement executed by any such lender in a form reasonably acceptable to perfect the lien Lessee. If Lessee unreasonably fails to execute such instruments within fifteen (15) business days of Lessor's delivery of such instruments and security interests herein grantednondisturbance agreement to Lessee, then Lessee shall be deemed to be in default pursuant to this Lease. 7.1. Condition Section 24.02 Should any mortgage or deed of trust affecting the Demised Premises be foreclosed, then (i) the liability of the Leased Property. --------------------------------- mortgagee, beneficiary or purchaser at the foreclosure sale to Lessee acknowledges receipt and delivery of possession shall exist only so long as the mortgagee beneficiary, or purchaser is the owner of the Leased PropertyDemised Premises and the liability shall not continue or survive after further transfer of ownership; and (ii) Lessee shall be deemed to have attorned, as Lessee under this Lease, to the purchaser at any foreclosure sale and this Lease shall continue in force and effect as a direct lease between and binding upon Lessee and the purchaser and any foreclosure sale. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is"As used herein, "with all faultsmortgagee" and "beneficiary" shall include successors and assigns of any such party, whether immediate or remote, the purchaser of any mortgage or deed of trust, whether at foreclosure or otherwise, and in its present condition. Except as otherwise specifically provided hereinthe successors, assigns and mortgagees and beneficiaries of such purchaser, whether immediate or remote. Section 24.03 In the event of any act or omission by Lessor under this Lease which would give Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties terminate this Lease or representations to claim a partial or for latent defects in the Leased Propertytotal eviction, and Lessor shall, if requested by Lessee, assign Lessee will not exercise any such right until: A. it has given thirty (30) days written notice (by United States certified or registered mail, postage prepaid) of such act or omission to Lessor and to the holder of any mortgage or deed trust on the Property (whose names and addresses Lessor agrees will be furnished to Lessee on request) and Lessor has failed to cure such act or omission within such thirty (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution 30) day period; and B. any holder of any such claimmortgage or deed of trust on the Demised Premises shall, in Lessor's or Lessee's name, all at following the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution giving of such claimnotice, less its expenses in connection therewith, have failed with reasonable diligence to commence and to pursue reasonable action to remedy such breach the act or cure such defectomission.

Lessor's Lien. To the fullest extent permitted by applicable law, Lessor is granted a lien and security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- ------------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.

Lessor's Lien. To In addition to the fullest extent permitted by applicable lawstatutory Lessor's Lien, Lessor is granted shall have, at all times, a lien and valid security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until secure payment in full of all Rent and satisfaction other sums of money becoming due hereunder from Lessee, and to secure payment of any damages or loss which Lessor may suffer by reason of the breach by Lessee of any covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, files, improvements and other personal property of Lessee presently or which may hereinafter be situated in the Premises, and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Lessor until all arrearages in Rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged and all of the covenants, agreements, and conditions hereof have been fully complied with and performed by Lessee's obligations hereunder; provided. In consideration of this Lease, howeverupon the occurrence of an event of default by Lessee, Lessor may, in addition to any other remedies provided herein, enter upon the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Lessee situated on or in the Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving Lessee reasonable notice of the time and place of any public sale or at the time after which any private sale is to be made, at which sale the Lessor or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Lessee reasonable notice, the requirement of reasonable notice shall subordinate its lien be met if such notice is given in the manner prescribed in Section 36 of this Lease at least five (5) days before the time of sale. The proceeds from any such disposition, less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorneys' fees and other expenses) shall be applied as a credit against the indebtedness secured by the security interest only granted in this Section 23. Any surplus shall be paid to that Lessee or as otherwise required by law, and Lessee shall pay any deficiencies forthwith. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor a financing statement in form sufficient to perfect the security interest of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon aforementioned property and proceeds thereof under the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition provisions of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and Uniform Commercial Code in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects force in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates State of Lessee)Florida. If either party determines to exercise such rightThe statutory lien for Rent is not hereby waived, the other party shall fully cooperate security interest herein granted being in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost addition and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectsupplementary thereto.

Lessor's Lien. To the fullest extent permitted A. In additional to and cumulative of any statutory landlord's lien provided by applicable law, Lessor is granted a lien and security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory hereby grants to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, fixes in Lessor's favor a lien upon and a security interest in all goods, wares, equipment, fixtures, furniture, furnishings, improvement, and other personal property now or Lessee's namehereafter owned by Lessee which is presently or which may hereafter be situated on the Leased Premises, and all at the cost and expense of the prosecuting partyproceeds therefrom, who hereby agrees including insurance proceeds which may accrue to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party Lessee in connection with such cooperationproperty, to secure payment of all rentals and other sums of money becoming due hereunder from Lessee, and who further agrees to apply secure payment of any damages or loss which Lessor may suffer by reason of the breach by Lessee of any covenant, agreement, or condition contained herein, or any default of Lessee hereunder, and such property shall not be removed therefrom without the consent of Lessor until all amounts realized arrearages in rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged and all the covenants, agreements, and conditions hereof have been fully complied with and performed by Lessee. B. If Lessee should default in or fail to timely perform any of its obligations contained in this Lease or breach any of the terms, covenants, conditions or agreements herein contained, Lessor may, in addition to any other remedies provided herein, after giving reasonable notice of the intent to take possession, enter upon the Leased Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, furnishings, improvements, and other personal property of Lessee situated on the Leased Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the Lessor or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Lessee reasonable notice, the requirement of reasonable notice shall be met if such notice is given at least five (5) days before the time of sale. The proceeds from the prosecution of any such claimdisposition, less its any and all expenses in connection therewithwith the taking of possession, holding, and selling of the property (including reasonable attorney's fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this Section. Any surplus shall be paid to remedy such breach Lessee or cure such defectas otherwise required by law and the Lessee shall pay any deficiencies forthwith. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor a financing statement in a form sufficient to perfect the security interest of Lessor in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the State of Texas. Lessor, at its election, may file a copy of this Lease as a financing statement. All exemption laws are hereby waived by Lessee. Lessor shall have and be entitled to all the rights and remedies afforded to a secured party under the Uniform Commercial Code enacted and in force in the State of Texas. The statutory lien for rent is not hereby waived, the security interest herein granted being in addition and supplementary thereto.

Lessor's Lien. To In addition to the fullest extent permitted statutory LESSOR'S Lien, LESSOR shall have, at all times, a valid security interest to secure payment of all sums of money becoming due hereunder from LESSEE, and to secure payment of any damages or loss which LESSOR may suffer by applicable reason of the breach by LESSEE of any covenant, agreement or condition herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of LESSEE presently, or which may hereinafter be, situated in the Space. Such property shall not be removed therefrom without the consent of LESSOR until all arrearages in the sums of money then due to LESSOR hereunder shall first have been paid and discharged and all obligations to LESSOR hereunder shall first have been fully complied with and performed by LESSEE. In consideration of this Lease, upon the occurrence of any event of default by LESSEE, LESSOR may, in addition to any other remedies provided herein, enter upon the Space and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements, and other personal property of LESSEE situated on or in the Space, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving LESSEE reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, at which sale the LESSOR or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, Lessor and without intending to exclude any other manner of giving LESSEE reasonable notice, the requirement of reasonable notice shall be met if such notice is granted given in the manner prescribed in this Lease at least five (5) days before the time of sale. The proceeds from any such disposition, less any and all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorneys' fees and other expenses), shall be applied as a lien and credit against the indebtedness secured by the security interest on all Lessee's Personal Property now granted in this Section. Any surplus shall be paid to LESSEE or hereinafter placed as otherwise required by law; and LESSEE shall pay any deficiencies forthwith. Upon request of the LESSOR, LESSEE agrees to execute and deliver to LESSOR a financing statement in or upon form sufficient to perfect the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment of LESSOR in full the aforementioned property and proceeds thereof under the provisions of all Rent the Uniform Commercial Code in force in the State of Florida. The statutory lien for rent is not hereby waived, the security interest herein granted being in addition and satisfaction of all of Lessee's obligations hereunder; providedsupplementary thereto. Notwithstanding the foregoing, however, Lessor LESSOR shall subordinate its statutory landlord's lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertyinstitutional financing on LESSEE'S merchandise, the terms furnishings, equipment and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein grantedpersonal property. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.

Lessor's Lien. To Lessor shall have at all times during the fullest extent permitted by applicable lawTerm of this Lease, Lessor is granted a valid lien for all rents and security interest on other sums of money becoming due hereunder from Lessee, upon all Lessee's Personal Property now or hereinafter placed goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and other personal property and effects of Lessee situated in or upon the Leased PropertyPremises, and such lien property shall not be removed therefrom except in accordance with the terms of this Lease or in the ordinary course of business without the approval and security interest consent of Lessor until all arrearages in Rent as well as any and all other sums of money then due to Lessor hereunder shall remain attached to such Lessee's Personal Property until payment first have been paid and discharged in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertyfull. Alternatively, the terms lien hereby granted may be foreclosed in the manner and conditions form provided by law for foreclosure of such subordination security interests or in any other manner and form provided by law. The statutory lien for Rent, if any, is not hereby waived and the express contractual lien herein granted is in addition thereto and supplementary thereto. Lessee agrees to be satisfactory execute and deliver to Lessor in from time to time during the exercise Term of reasonable discretion. Lessee shall, upon the request of Lessor, execute this Agreement such financing statements or other documents or instruments reasonably requested as may be required by Lessor in order to perfect the Lessor’ lien provided herein or granted or created by state law. Notwithstanding anything in this Section 15(c) or any other provision of this Lease to the contrary, any Lien in favor of Lessor (whether granted pursuant to this Lease or by statute or otherwise) shall be subordinated as provided for in that certain Landlord Waiver and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt Consent Agreement, dated December 31, 2009, by and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is"among Lessor, "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost First Lien Collateral Agent and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectSecond Lien Collateral Agent.

Lessor's Lien. To the fullest extent permitted A. Prior to a monetary Event of Default by applicable law, Lessor is granted a lien and security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its not require Lessee to grant any contractual lien and or security interest only to that of any non-Affiliate of Lessee which finances such in Lessee's Personal Property or personal property located at the Premises. At any non-Affiliate conditional seller time subsequent to a monetary Event of such Default by Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by require Lessee, assign upon not less than fifteen (15) days' prior written notice, to grant to Lessor, in addition to any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, statutory lien for rent in Lessor's favor, a continuing security interest for all rentals and other sums of money becoming due hereunder from Lessee, upon all goods, wares, equipment, fixtures, furniture, inventory, and other personal property of Lessee now or Lessee's namehereafter situated on the Premises, and such property shall not be removed therefrom without the consent of Lessor until all at arrearages in rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the cost and expense event any of the prosecuting partyforegoing described property is removed from the Premises in violation of the covenant in the preceding sentence, who the security interest shall continue in such property and all proceeds and products, regardless of location. Upon a default hereunder by Lessee in addition to all other rights and remedies, Lessor shall have all rights and remedies under the Uniform Commercial Code, including without limitation, the right to sell the property described in this Paragraph at public or private sale upon five (5) days notice by Lessor to Lessee. Lessee hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by execute such other party instruments, necessary or desirable under applicable law to perfect the security interest created. Lessor and Lessee agree that this Lease and security agreement shall, after the conditions for creation of a security interest are satisfied, serve as a financing statement and that a copy, photographic or other reproduction of this portion of this Lease may be filed of record by Lessor and have the same force and effect as the original. This security agreement and financing statement will also cover fixtures located at the Premises subject to this Lease and legally described in connection with such cooperationEXHIBIT A and will be filed for record in the real estate records. B. Notwithstanding Paragraph A, Lessor agrees that it will subordinate its security interest and Lessor's lien to the security interest of Lessee's supplier or institutional financial source for as long as the rental account of Lessee under this Lease is current, provided that the subordination must be limited to a specified transaction, identified debt limit, and who further agrees to apply all amounts realized from specified items of the prosecution of such claim, less its expenses fixtures. equipment or inventory involved in connection therewith, to remedy such breach or cure such defectthe transaction.

Lessor's Lien. To the fullest extent permitted by applicable law, Lessor is granted a lien and security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- -------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.

Lessor's Lien. To 18.1 The parties expressly understand and agree that in order to secure payment of any such sums becoming due at any time to Lessor hereunder and to secure the fullest extent permitted proper performance of this Lease by applicable lawLessee, Lessor is granted hereby has a lien and security interest on in and first lien upon all Lessee's Personal Property now of the tenant improvements and fixtures owned by the Lessee (or hereinafter to the extent Lessee has any other interest herein) which Lessee shall hereafter place or permit to be placed in, upon or about the Premises. Lessee hereby agrees to give Lessor a security interest in or the subject tenant improvements and fixtures and agrees to execute, upon receipt of written request therefor from the Lessor, at any time during the term hereof, a Financing Statement evidencing said security interest to be filed and recorded in the manner provided by law. In the event of default by Lessee under this Lease, the Lessor shall have a right to all of the subject tenant improvements, personal property and fixtures as if Lessor were a creditor under the Colorado Uniform Commercial Code. In addition, in the event of a default by Lessee under this Lease, the Lessee authorizes the Lessor to enter upon the Leased PropertyPremises and to sell (and to remove, if necessary) the tenant improvements and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full fixtures which are the subject of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, this lien. Such action by Lessor shall subordinate its lien and security interest only not be deemed a breach of the Lease. Lessee agrees to that of any non-Affiliate of Lessee which finances such Lesseepay the reasonable attorney's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, fees incurred by the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, event the Lessor must foreclose upon the request of Lessorsecurity interest and first lien granted by Lessee herein. Notwithstanding the preceding, execute such financing statements Lessor agrees to subordinate its security interest and lien granted hereunder to any purchase money mortgages or liens, other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition and/or line of the Leased Property. --------------------------------- credit security interests covering any fixtures or inventory of Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectPremises.

Lessor's Lien. To the fullest extent permitted by applicable lawIn addition to any statutory lien for rent in Lessor's favor, Lessor is granted shall have and Lessee hereby grants to Lessor a lien and continuing security interest on for all rentals and other sums of money become due hereunder from Lessee's Personal Property , upon all goods, wares, equipment, fixtures, furniture, inventory, and other personal property of Lessee now or hereinafter placed in or upon the Leased Propertyhereafter situated at 7803 National Turnpike, and such lien property shall not be removed there▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇nt of Lessor until all arrearages in rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the event any of the foregoing described property is removed from the Premises in violation of the covenant in the preceding sentence, the security interest shall remain attached continue in such property and all proceeds and products, regardless of location. Upon a default hereunder by Lessee in addition to such Lessee's Personal Property until payment in full of all Rent other rights and satisfaction of all of Lessee's obligations hereunder; provided, howeverremedies, Lessor shall subordinate its lien have all rights and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertyremedies under the Uniform Commercial Code, including without limitation, the terms and conditions of such subordination right to be satisfactory to Lessor sell the property described in the exercise of reasonable discretionthis Paragraph at public or private sale upon five (5) days notice by Lessor. Lessee shall, upon the request of Lessor, hereby agrees to execute such financing statements other instruments, necessary or other documents or instruments reasonably requested by Lessor desirable under applicable law to perfect the lien security interest hereby created. Lessor and Lessee agree that this Lease and security interests herein granted. 7.1. Condition agreement serves as a financing statement and that a copy, photographic or other reproduction of the Leased Property. --------------------------------- Lessee acknowledges receipt this portion of this Lease may be filed of record by Lessor and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found have the same force and effect as the original. This security agreement and financing statement also covers fixtures located at the premises subject to this Lease and legally described in Exhibit "A" attached hereto and incorporated herein by reference and is to be satisfactory filed for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects record in the Leased Propertyreal estate records. The record owner of this property is EXECUTED BY LESSOR, and Lessor shallthis 29th day of March, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect1990.

Lessor's Lien. To the fullest extent permitted by applicable law, Lessee grants Lessor is granted a lien and security interest in all of the fixtures, trade fixtures, furniture, equipment, stock, goods, merchandise and other property placed on the Premises during the term of this Lease to secure the payment of all Lessee's Personal Property now or hereinafter placed in or upon rentals and other sums due to Lessor hereunder for the Leased Property, and such entire term of this Lease. This lien and security interest is in addition to the statutory Lessor's lien. Lessor shall remain attached have all of the rights, remedies and powers granted a secured party under the Uniform Commercial Code of Mississippi, herein called "UCC", including, without limitation, the right and power to sell, at public or private sale, or otherwise dispose of, lease or utilize, such property and any part or parts thereof in any manner authorized or permitted by the UCC in the event of any default by Lessee. At Lessor's Personal Property until payment request, Lessee shall execute and deliver to Lessor a financing statement or statements appropriate for filing under the UCC. Lessee agrees that in full of the event: (i) all Rent and satisfaction of or substantially all of Lessee's obligations hereunderassets are placed in the hands of a receiver or trustee and such receivership or trusteeship continues for a period of thirty (30) days; providedor (ii) Lessee makes an assignment for the benefit of creditors or is finally adjudicated a bankrupt; or (iii) Lessee institutes any proceedings under the Bankruptcy Act as the name now exists or may hereafter be amended, howeveror under any other act relating to the subject of bankruptcy, Lessor shall subordinate including but not limited to any proceeding wherein Lessee seeks to be adjudicated a bankrupt or to be discharged of its lien debts, composition, extension, or reorganization; or (iv) any involuntary proceeding is filed against Lessee under any such bankruptcy Federal laws and security such proceeding not be removed within ninety (90) days thereafter; then in any of such events, this Lease and any interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or in and to the Premises shall not become an asset in any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults"proceedings, and in its present condition. Except as otherwise specifically provided hereinaddition to any and all rights or remedies by law provided, Lessee waives any claim or action against Lessor in respect the same shall be deemed an event of default under this Lease, and at the option of the condition of Lessor, Lessor may declare the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATIONterm hereof ended and reenter the Premises and take possession thereof and remove all persons thereon, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. and Lessee shall have the right to proceed against any predecessor in title for breaches of warranties no further claim thereon or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defecthereunder.

Lessor's Lien. To secure the fullest extent permitted by applicable lawpayment of all rentals and other sums of money due or to become due hereunder from Lessee, Lessor is granted Lessee hereby grants to Lessor, in addition to any statutory lien for rent in Lessor's favor, a lien and continuing security interest on in all Lessee's Personal Property goods, wares, equipment, fixtures, furniture, inventory, and other personal property of Lessee now or hereinafter placed in or upon hereafter situated at the Leased PropertyPremises described below, and such lien all proceeds or products thereof, of whatever kind or type, including equipment, inventory, instruments, accounts, chattel paper or general intangibles, and the security interest shall remain attached continue in such property and all proceeds and products, regardless of location. Such property shall not be removed therefrom without the consent of Lessor, unless at the time of removal all arrearages in rent as well as any and all other sums of money then due to such Lessee's Personal Property until payment Lessor hereunder shall first have been paid and discharged in full of full. Upon a default hereunder by Lessee in addition to all Rent other rights and satisfaction of all of Lessee's obligations hereunder; provided, howeverremedies, Lessor shall subordinate its lien have all rights and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertyremedies under the Uniform Commercial Code, including without limitation, the terms and conditions of such subordination right to be satisfactory to Lessor sell the property described in the exercise of reasonable discretion. Lessee shall, this Paragraph at public or private sale upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested five (5) days notice by Lessor to perfect Lessee at the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased PropertyPremises. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by execute such other party instruments, necessary or desirable under applicable law to perfect the security interest hereby created. Lessor and Lessee agree that pages 1 - 14 of this Lease and security agreement may serve as a financing statement and that a copy, photographic or other reproduction of this portion of this Lease may be filed of record by Lessor and have the same force and effect as the original. This Lease and security agreement and financing statement also covers fixtures located at the Premises subject to this Lease, which is located at 2015 ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇re particularly described in connection Exhibit "A" attached hereto and incorporated herein by reference, (if an Exhibit A is attached) and this page, together with such cooperationsaid Exhibit A, and who further agrees to apply all amounts realized from (if one is attached) may be filed for record in the prosecution appropriate real estate records. The record owner of such claimthis property is Lessor. EXECUTED BY LESSOR, less its expenses in connection therewiththis 8th day of October, to remedy such breach or cure such defect1997.

Lessor's Lien. To the fullest extent permitted by applicable lawIn addition to any statutory lien for rent in Lessor's favor, Lessor is granted shall have, and Lessee hereby grants to Lessor, a lien and continuing security interest on for all rentals and other sums of money becoming due hereunder from Lessee's Personal Property , upon all goods, wares, equipment, fixtures, furniture, inventory, and other personal property of Lessee now or hereinafter placed in or upon hereafter situated on the Leased PropertyPremises, and such lien property shall not be removed therefrom without the consent of Lessor until all arrearages in the rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged. In the event any of the foregoing described property is removed from the Premises in violation of the covenant in the preceding sentence, the security interest shall remain attached continue in such property and all proceeds and products, regardless of location. Upon a default hereunder by Lessee in addition to such Lessee's Personal Property until payment in full of all Rent other rights and satisfaction of all of Lessee's obligations hereunder; provided, howeverremedies, Lessor shall subordinate its lien have all rights and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Propertyremedies under the Uniform Commercial Code, including without limitation, the terms and conditions of such subordination right to be satisfactory to Lessor sell the property described in the exercise of reasonable discretion. Lessee shall, this Paragraph at public or private sale upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested five (5) days notice by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased PropertyLessee. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by execute such other party instruments, necessary or desirable under applicable law to perfect the security interest hereby created. Lessor and Lessee agree that this Lease and security agreement serves as a financing statement and that a copy, photographic or other reproduction of this portion of this Lease may be filed of record by Lessor and have the same force and effect as the original. This security agreement and financing statement also covers fixtures located at the Premises subject to this Lease and legally described in connection with such cooperation, Exhibit "A" and who further Paragraph 26A attached hereto and incorporated herein by reference and is to be filed for record in the real property records. Lessor ------ agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, make reasonable efforts to remedy such breach or cure such defect.accommodate Lessee's request to subordinate -------------------------------------------------------------------------------- to Lessee's primary lending sources. -----------------------------------

Lessor's Lien. To the fullest extent permitted by applicable law, Lessee grants Lessor is granted a lien and security interest in all of the fixtures, trade fixtures, furniture, equipment, stock, goods, merchandise and other property placed on the Premises during the term of this Lease to secure the payment of all Lessee's Personal Property now or hereinafter placed in or upon rentals and other sums due to Lessor hereunder for the Leased Property, and such entire term of this Lease. This lien and security interest is in addition to the statutory Lessor's lien. Lessor shall remain attached have all of the rights, remedies and powers granted a secured party under the Uniform Commercial Code of Florida, herein called "UCC", including, without limitation, the right and power to sell, at public or private sale, or otherwise dispose of, lease or utilize, such property and any part or parts thereof in any manner authorized or permitted by the UCC in the event of any default by Lessee. At Lessor's Personal Property until payment request, Lessee shall execute and deliver to Lessor a financing statement or statements appropriate for filing under the UCC. Bankruptcy – insolvency Lessee agrees that in full of the event: (i) all Rent and satisfaction of or substantially all of Lessee's obligations hereunderassets are placed in the hands of a receiver or trustee and such receivership or trusteeship continues for a period of thirty (30) days; providedor (ii) Lessee makes an assignment for the benefit of creditors or is finally adjudicated a bankrupt; or (iii) Lessee institutes any proceedings under the Bankruptcy Act as the name now exists or may hereafter be amended, howeveror under any other act relating to the subject of bankruptcy, Lessor shall subordinate including but not limited to any proceeding wherein Lessee seeks to be adjudicated a bankrupt or to be discharged of its lien debts, composition, extension, or reorganization; or (iv) any involuntary proceeding is filed against Lessee under any such bankruptcy Federal laws and security such proceeding not be removed within ninety (90) days thereafter; then in any of such events, this Lease and any interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or in and to the Premises shall not become an asset in any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults"proceedings, and in its present condition. Except as otherwise specifically provided hereinaddition to any and all rights or remedies by law provided, Lessee waives any claim or action against Lessor in respect the same shall be deemed an event of default under this Lease, and at the option of the condition of Lessor, Lessor may declare the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATIONterm hereof ended and reenter the Premises and take possession thereof and remove all persons thereon, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. and Lessee shall have the right to proceed against any predecessor in title for breaches of warranties no further claim thereon or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defecthereunder.

Lessor's Lien. To In addition to the fullest extent permitted by applicable lawstatutory landlord's lien, Lessor shall have at all times, and Lessee does hereby grant to Lessor, a valid contractual lien upon and a security interest in all goods, wares, equipment, fixtures, furniture, and other personal property of Lessee presently or which may hereafter be situated on the Leased Premises and all proceeds therefrom to secure the payment by Lessee of all rentals and other sums of money due hereunder, and such property shall not be removed therefrom without the consent of Lessor until all arrearages in rent, as well as any and all other sums of money then due to Lessor hereunder, shall first have been paid and discharged. Upon the occurrence of an Event of Default by Lessee, Lessor may sell any and all improvements, goods, wares, equipment, fixtures, furniture, and other personal property of Lessee situated on the Leased Premises at one or more public or private sales after giving Lessee reasonable notice of the time and place of any public sale or sales or of the time after which any private sale or sales are to be made, with or without having such property at the sale, at which Lessor or its assigns may purchase property to be sold, being the highest bidder therefor. The requirement of reasonable notice to Lessee hereunder shall be met if such notice is granted given in the manner prescribed in Section 17.06 of this Lease at least ten (10) days before the time of sale. The proceeds from any such disposition less any and all expenses connected with the taking of possession, holding, and selling of the property (including reasonable attorney's fees and legal expenses) shall be applied as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee or as otherwise required by law. Upon request by Lessor, Lessee agrees to execute and deliver to Lessor financing statements in form sufficient to perfect the security interest of Lessor in the aforesaid property and proceeds under the provisions of the Uniform Commercial Code in force in the states in which the Leased Premises are located. Notwithstanding anything to the contrary stated herein, the statutory lien of Lessor and the landlord's lien and security interest on all granted in this paragraph are subject and subordinate to the rights, if any, of the holder of any indebtedness secured by Lessee's Personal Property now interest in the equipment or hereinafter placed in or upon other property located on the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein granted. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased PropertyPremises, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against execute such additional documents as shall be necessary to effect or incurred by evidence such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defectsubordination.

Lessor's Lien. To LESSOR shall have at all times a valid lien for all rentals and other sums of money becoming due hereunder from LESSEE, upon all goods, wares, equipment, fixtures, furniture and other personal property of LESSEE situated on the fullest extent permitted Premises, and such property shall not be removed without the consent of the LESSOR until all arrearages in rent as well as any and all other sums of money then due to LESSOR hereunder shall first have been paid and discharged. Upon the occurrence of any event of default by applicable LESSEE, LESSOR may, in addition to any other remedies providing herein or by law, Lessor enter upon the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture and other personal property of LESSEE situated on the Premises without liability for trespass or conversion, and sell the same with or without notice at public or private sale, with or without having such property at the sale, at which LESSOR or its assigns may purchase, and apply the proceeds thereof less any and all expenses connected with the taking of possession and sale of the property, as a credit against any sums due by LESSEE to LESSOR. Any surplus shall be paid to LESSEE and LESSEE agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of security interest or in any other form provided by law. The statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. Anything herein to the contrary notwithstanding, purchase money financing of LESSEE's removable trade fixtures and equipment shall not be a lien default. LESSEE will execute upon LESSOR's request a financing statement and security agreement evidencing LESSOR's security interest in LESSEE's personal property and warrants to LESSOR that there are no prior liens or security interest on all Lessee's Personal Property now or hereinafter placed in or upon the Leased Property, and such lien and security interest shall remain attached to such Lessee's Personal Property until payment in full of all Rent and satisfaction of all of Lessee's obligations hereunder; provided, however, Lessor shall subordinate its lien and security interest only to that of any non-Affiliate of Lessee which finances such Lessee's Personal Property or any non-Affiliate conditional seller of such Lessee's Personal Property, the terms and conditions of such subordination to be satisfactory to Lessor in the exercise of reasonable discretion. Lessee shall, upon the request of Lessor, execute such financing statements or other documents or instruments reasonably requested by Lessor to perfect the lien and security interests herein grantedsaid personal properties. 7.1. Condition of the Leased Property. --------------------------------- Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property "as is", "with all faults", and in its present condition. Except as otherwise specifically provided herein, Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Lessee shall have the right to proceed against any predecessor in title for breaches of warranties or representations or for latent defects in the Leased Property, and Lessor shall, if requested by Lessee, assign any such right to Lessee (other than claims against Affiliates of Lessee). If either party determines to exercise such right, the other party shall fully cooperate in the prosecution of any such claim, in Lessor's or Lessee's name, all at the cost and expense of the prosecuting party, who hereby agrees to indemnify, defend and hold harmless the other party from and against any claims, obligations and liabilities against or incurred by such other party in connection with such cooperation, and who further agrees to apply all amounts realized from the prosecution of such claim, less its expenses in connection therewith, to remedy such breach or cure such defect.