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Should the TENANT vacate, abandon, or fail to take possession of the Leased Premises
<br /> at any time during the term of this Agreement, the LANDLORD shall be peiniitted to
<br /> immediately take possession of the Leased Premises.
<br /> Upon any default, and after the expiration of any cure period, the LANDLORD may,
<br /> with or without judicial process, enter upon the Leased Premises and take possession of any and
<br /> all improvements and all personal property of the TENANT situated in the Leased Premises,
<br /> without liability for trespass or conversion, and may sell or otherwise dispose of any and all such
<br /> property after thirty (30) calendar days' notice to the TENANT, which notice shall constitute
<br /> reasonable and sufficient notice (so long as such property is valued by the LANDLORD at more
<br /> than one thousand dollars ($1,000.00), otherwise, such property shall be considered abandoned
<br /> by the TENANT, and the LANDLORD shall have no obligation to either store, maintain, sell or
<br /> otherwise dispose of the personal property). The proceeds of any such sale or disposition shall
<br /> be applied first to the payment of all costs and expenses of conducting the sale and/or caring for
<br /> and/or storing said property, including attorneys' fees; second, toward the payment of any
<br /> indebtedness, including (without limitation) indebtedness for rent and other expenses, which may
<br /> be due or become due to the LANDLORD; and third, to pay the TENANT, on demand in
<br /> writing, any surplus remaining after all indebtedness of the TENANT to the LANDLORD has
<br /> been fully paid, so long as the TENANT in fact makes such demand within sixty (60) calendar
<br /> days of any such sale or disposition of property.
<br /> Upon any default, the LANDLORD may perform, on behalf of and at the expense of the
<br /> TENANT, any obligation of the TENANT under this Agreement which the TENANT has failed
<br /> to perform and of which the LANDLORD shall have given the TENANT notice of, the cost of
<br /> which perfoiniance by the LANDLORD, together with interest thereon, at the highest legal rate
<br /> of interest as permitted by the State of Florida, shall be immediately payable by the TENANT to
<br /> the LANDLORD.
<br /> Notwithstanding the provisions of Article 26 above, and regardless of whether an event
<br /> of default shall have occurred, the LANDLORD may exercise the remedy described in Article 26
<br /> without any notice to the TENANT if the LANDLORD, in its good faith judgment, believes it
<br /> would be injured by failure to take rapid action or if the unperfoi.iued obligation by the TENANT
<br /> constitutes an emergency.
<br /> If this Agreement is terminated or cancelled by the LANDLORD, the TENANT
<br /> nevertheless shall remain liable for any and all rent and damages which may be due, become due
<br /> or sustained by the LANDLORD, along with any and all reasonable costs, fees, and expenses
<br /> including, but not limited to, attorneys' fees, costs'and expenses incurred by the LANDLORD in
<br /> pursuit of its remedies hereunder, or in renting the Leased Premises or a portion thereof to others.
<br /> All rights and remedies of the LANDLORD under this Agreement shall be cumulative
<br /> and shall not be exclusive of any other rights and remedies provided to the LANDLORD under
<br /> applicable law.
<br /> ARTICLE XXVI
<br /> ADDITIONAL PROVISIONS
<br /> 1. Mechanic's. Materialmen's and Other Liens
<br /> TENANT agrees that it will not permit any mechanic's, materialmen's or other liens to
<br /> stand against the Leased Premises for work or materials furnished to TENANT; it being
<br /> provided, however, that TENANT shall have the right to contest the validity thereof. TENANT
<br /> shall immediately pay any judgment or decree rendered against TENANT, with all proper costs
<br /> Page 13 of 16
<br /> Sunny Isles Lease Agreement
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