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<br />dischllrged. Lessee agrees and acknowledges that this Lease also serves as a security agreement under Article 9 (F.S. 679 g
<br />gg.) of the Uniform Commercial Code to impose a lien upon the Lien Property to secure the payment of all rentals charges and
<br />other sums to be paid by Lessee and reserved hereunder and Lessee agrees to execute, acknowledge and deliver to Lessor such
<br />financing statements and other instruments as Lessor may request in order to commemorate the foregoing within ten (10) days
<br />after Lessor's request therefor. Lessee empowers Lessor as Lessee's attorney-in-fact, coupled with an interest, irrevocably and
<br />with power of substitution to execute and file, to the extent permitted by law from time to time in effect during the term of this
<br />lease, any financing statement, any amendment thereto or any continuation statement which Lessor may deem necessary to per-
<br />fect, protect or enforce the foregoing provisions.
<br />
<br />Upon the occurrence of an Event of Default by Lessee, Lessor may, in addition to any other remedies provided
<br />herein or by law, enter upon the Demised Premises and take possession of any and all goods, merchandise, inventory wares,
<br />equipment, signs, fixtures, furniture and other personal property of Lessee situated in the Demised Premises without liability
<br />for trespass or conversion, and sell the same with or without notice at public or private sale, with or without having such
<br />property at the sale, at which Lessor or its assigns may purchase, and apply proceeds thereof, less any and all reasonable
<br />expenses connected with the taking of possession and the sale of the property, as a credit against any sums due by Lessee to
<br />Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith, after demand. Lessor, at its
<br />option may foreclose said lien in the manner provided by law. The lien herein granted to Lessor shall be in addition to any
<br />Lessor's lien that may now or at any time hereafter be provided by law.
<br />
<br />C. No such re<ntry or taking possession of the Demised Premises by Lessor shall be constIUed as an election
<br />on its part to terminate this Lease unless a written notice of such intention be given to Lessee or unless the termination thereof
<br />shall result as a matter of law or be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without
<br />termination, Lessor may at any time thereafter elect to terminate this Lease for such previous breach or default.
<br />
<br />D. In the event this Lease is terminated pursuant to the foregoing provisions of this Section or terminates
<br />pursuant to the provisions of this Section, Lessor may recover from Lessee all damages it may sustain by reason of Lessee's
<br />default, including the reasonable cost of recovering the Demised Premises and reasonable attorney's fees and upon so electing
<br />and in lieu of the damages that may be recoverable under subdivision (B) above, Lessor shaIl be entitled to recover:from Lessee,
<br />as and for Lessor's damages, an amount equal to the difference between the Minimum Rent, additional rents (including taxes
<br />and insurance) and other charges reserved hereunder for the period which othenvise would have constituted the balance of the
<br />term of this Lease and the then present rental value of the Demised Premises for such period, both discounted at the rate of four
<br />(4%) percent per annum to present worth, all of which shall immediately be due and payable by Lessee to Lessor. In
<br />detennining the rental value of the Demised Premises the rental realized by any reletting, if such reletting be accomplished by
<br />Lessor within a reasonable time after the termination of this Lease, shall be deemed prima facie to be the rental value, but if
<br />Lessor shall not undertake to relet or having undertaken to relet, has not accomplished reletting, then it will be conclusively
<br />presumed that the rents reserved under this Lease represent the rental value of the Demised Premises for the purposes hereof
<br />(in which event Lessor may recoVer :from the Lessee, the full total of all rents and additional charges due hereunder, discounted
<br />to present value as hereinbefore provided). Lessor shall be obliged, however to account to Lessee for the Minimum Rent and
<br />additional rents received from persons using or occupying the Demised Premises during the period representing that which
<br />would have constituted the balance of the term of this Lease, but only at the end of said period and only if Lessee shall have
<br />paid to Lessor its damages as provided herein, and, only to the extent of sums recovered :from Lessee as Lessor's damage, the
<br />Lessee waiving any claim to any surplus. Nothing herein contained, however, shall limit or prejudice the right of Lessor to
<br />prove and obtain as damages by reason of such termination, an amount equal to the maximum allowed by any statute or rule
<br />of law in effect at the time when, and governing the proceedings in which, such damages are to be proved, whether or not such
<br />amount be greater, equal to, or less than the amounts referred to in this Section.
<br />
<br />E. In the event of any breach or threatened breach by Lessee of any of the terms and provisions of this Lease,
<br />Lessor shall have the right to injunctive relief as if no other remedies were provided herein to such breach.
<br />
<br />F. The rights and remedies herein reserved by or granted to Lessor are distinct, separate and cumulative, and
<br />the exercise of anyone ofth.em shall not be deemed to preclude, waive or prejudice Lessor's right to exeroise any or all others.
<br />
<br />G. If Lessee shall default hereunder prior to the date fixed as the commencement of any renewal or extension
<br />of this Lease, if any, whether by a renewal option herein contained or by separate agreement, Lessor may cancel such option
<br />or agreement for renewal or extension of this Lease, upon two (2) days written notice to Lessee.
<br />
<br />H. In the event that Lessor should bring suit for the possession of the Demised Premises, for the recovery of
<br />any sum due hereunder, or because of the breach of any covenant of this Lease, or for any relief against Lessee, declaratory or
<br />otherwise, or should Lessee bring any suit for any relief against Lessor, declaratory or othenvise, arising out of this Lease, the
<br />prevailing party shall recover :from the other party, costs, expenses and reasonable attorney's fees that the prevailing party may
<br />have incurred in connection therewith at all levels of proceedings.
<br />
<br />I. Lessee agrees that the venue and/or jurisdiction for any legal aetions brought by Lessor pursuant to this
<br />Section shall be in Miami-Dade County, Florida.
<br />
<br />1. THE PARTIES HEREBY WAIVE TRIAL BY mRY IN ANY ACTION, PROCEEDING OR
<br />COUNI'ERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTIIER ON ANY MATfER. WHATSOEVER
<br />ARISING OUT OF OR IN ANY WAY CONNECTED WITH TInS LEASE, THE RELATIONSHIP OF LESSOR AND
<br />LESSEE CREATED HEREBY, THE LESSEE'S USE OR OCCUPANCY OF THE DEMISED PREMISES, AND/OR ANY
<br />CLAIM FOR INmRY OR DAMAGE.
<br />
<br />K. In the event Lessor commences any action or proceeding for non-payment of rent, additional rents or other
<br />charges due hereunder, Lessee agrees not to interpose any pennissive (i.e., non-compulsory) counterolaim of any nature or de-
<br />scription in any such action or proceeding, The foregoing, however, shall not be construed as a waiver of Lessee's right to assert
<br />such claim in a separate action or proceeding instituted by Lessee.
<br />
<br />23, DESTRUCfION:
<br />
<br />If the Demised Premises shall be damaged, in whole or in part, by fire or other casuaIty insured under Lessee's
<br />insurance policies, then upon Lessee's receipt of the insurance proceeds, Lessee shall. except as otherwise provided in the Lease,
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