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9 <br /> lease, and on any building or improvement on or hereafter placed on the leased property, 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 property. Such lien is granted for the <br /> 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. County's Right to Receiver upon 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 property, 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 property, 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 Rights 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 Section 17(a)2, or without notice if any emergency exists, and <br /> without releasing the Tenant from any obligation of the Tenant contained in this lease, may (but <br /> shall be under no obligation to) pay any amount payable by the Tenant hereunder, and <br /> perform any other act required to be performed by the Tenant hereunder. The County may <br /> enter upon the leased property for such purposes and take any action necessary therefore. <br /> Page 7 of 12 <br />