Orange County NC Website
10 <br />(f) The terms "enter", "reenter ", "entry ", or "reentry" as used in this lease are not <br />restricted to their technical meaning. <br />18. Lien on Tenant's Improvements and Personal Pro ert . The County shall <br />have first lien paramount to all others on every right and interest of the Tenant in and to this <br />lease, and on any building or improvement on or hereafter placed on the Leased Premises, and <br />on any furnishings, equipment, fixtures, or other personal property of any kind belonging to the <br />Tenant, or the equity of the Tenant therein, on the Leased Premises. Such lien is granted for <br />the purpose of covenanted to be paid by the Tenant, and for the purpose of securing the <br />performance of all of the Tenant's obligations under this lease. Such liens shall be in addition to <br />all rights of the county given under statutes of this state, which are now or shall hereinafter be <br />in effect. The provisions of this paragraph shall not be applicable to liens existing at the <br />commencement of this lease. <br />Provided, that County may, at his option, agree to subordinate this lien to liens <br />arising in connection with purchased of equipment or leasehold improvement financing by <br />Tenant, which agreement County covenants not to unreasonably withhold. <br />19. Count 's Right to Receiver u on Tenant's Default. In addition to any other <br />security for the performance of this lease, the Tenant hereby assigns to the County all of the <br />rents and profits which might otherwise accrue to the Tenant from the use, enjoyment, and <br />operation of the Leased Premises, such assignment to become effective, however, only after <br />default by the Tenant in the performance of its obligations under this lease. If the County, upon <br />default of the Tenant, elects to file a suit in equity to enforce the lease and protect the county's <br />right hereunder, the county may upon notice to the Tenant, as ancillary to such suit, apply to <br />any court having jurisdiction for the appointment of a receiver of the Leased Premises, the <br />improvements and buildings located thereon, the personal property located therein, and <br />thereupon the court may forthwith appoint a receiver with the usual powers and duties of <br />receivers in like cases. Such appointment shall be made by such court as a matter of strict <br />right to the County and without consideration of the adequacy of the value of the Tenant's <br />interest in the lease, or of the value of the property, or the commission of waste thereon, or the <br />deterioration thereof. Nothing herein shall prevent the enforcement of the county's lien for rent <br />in any court or by proceeding authorized to the laws of this state, or the institution by the County <br />of a separate proceeding in equity for the appointment of a receiver as an ancillary remedy to <br />protect the rights and interest of the County. Any and all remedies or proceedings are <br />considered cumulative and not exclusive. <br />20. waiver of County's Ri ghts Only by written Instrument. No failure by the <br />County to insist upon the strict performance of any item or condition of this lease or to exercise <br />any right or remedy available on a breach thereof, and no acceptance of full or partial rent <br />during the continuance of any such breach shall constitute a waiver of any breach or of any <br />such term or condition. No term or condition of this lease required to be performed by the <br />Tenant, and no breach thereof, shall be waived, altered or modified, except by a written <br />instrument executed by the County. No waiver of any breach shall affect or alter any term or <br />condition in this lease, and each such term or condition shall continue in full force and effect <br />with respect to any other then existing or subsequent breach thereof. <br />21. Performance of Tenant's Obligations - Unpaid Insurance Premiums <br />(a) If the Tenant shall at any time fail to pay any amount in accordance with the <br />provisions of this lease, or shall fail to take out, keep in force, or shall fail to perform any of its <br />other obligations under this lease, then the County may after notice and opportunity to cure in <br />accordance with the provisions of Paragraph 17(a)2, or without notice if any emergency exists, <br />Page 7 of 12 <br />