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<br /> (1) If Tenant fails to pay any rent or other monetary payments as and when provided in this
<br /> Lease;
<br /> (2) If Tenant breaches any other agreement or obligation herein set forth and fails to cure
<br /> such breach within ten(10)days after notice thereof; or if cure of the breach would require more than ten(10)
<br /> days to effect, if Tenant fails to initiate action necessary to cure such breach within the ten(10)day period and
<br /> to pursue such action diligently thereafter until the breach is cured;
<br /> (3) If there is a levy, execution, attachment or taking of property, assets or the leasehold
<br /> interest of Tenant by process of law or otherwise or in satisfaction of any judgment, debt or claim; or
<br /> (4) If Tenant files, or has filed against it, any petition or action for relief under any debtor's
<br /> relief law (including bankruptcy, reorganization or similar actions or proceedings) either in state or federal
<br /> court.
<br /> (b) Landlord's Rights and Remedies. In the event of any default, Landlord may at any time
<br /> thereafter, with or without notice or demand and without limiting Landlord in the exercise of any right or
<br /> remedy which Landlord may have by reason of default:
<br /> (1) Terminate this Lease.
<br /> (2) Without terminating this Lease, terminate Tenant's right to possession of the Leased
<br /> Premises, enter upon and take possession of the Leased Premises and rent the Leased Premises for a
<br /> reasonable rental for the account of Tenant, and after paying from rents collected the reasonable costs of
<br /> such entry, reletting and collection and the costs of any necessary repairs made by Landlord which Tenant is
<br /> obligated to make hereunder, apply the remainder of the rent collected to the amounts due and to become
<br /> due from Tenant hereunder;
<br /> (3) Pursue any other remedy now or hereafter available to Landlord under this Lease or
<br /> under the laws of the state of North Carolina.
<br /> All rights and remedies of Landlord pursuant to this Section shall be cumulative, and may be exercised singly,
<br /> successively or, if appropriate, concurrently. In the event Landlord terminates this Lease or terminates
<br /> Tenant's right to possession of the Leased Premises, then Tenant shall surrender possession of the
<br /> Premises to Landlord, and Landlord shall have the full and free right to enter into and upon the Rented Space
<br /> with or without process of law, to repossess the Rented Space, to expel or remove the Tenant and any others
<br /> who may be occupying or be within the Rented Space, to remove any and all property from the Rented Space
<br /> and to the change the locks on the Rented Space, without being deemed in any manner guilty of trespass,
<br /> eviction or forcible entry or detainer. In any event of default by Tenant, Landlord shall be entitled to recover
<br /> from Tenant all damage incurred by Landlord by reason of Tenant's default, including but not limited to: any
<br /> unpaid rent; the cost of recovering possession of the Premises, including reasonable attorney's fees;
<br /> expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's
<br /> fees, and any real estate commission actually paid; any loss of future rental; and a pro rata portion of any
<br /> leasing commission paid by Landlord based on the number of days of any period for which a commission was
<br /> paid that remain after the date of Tenant's default. Any rent unpaid when due, including additional rent not
<br /> paid upon demand, shall bear interest from the date due at the rate of twelve percent(12.00%)per annum.
<br /> (c) Treatment of Tenant's Property. Any and all property which may be removed from the Rented
<br /> Space by the Landlord pursuant to the authority of the Lease or law, to which the Tenant is or may be entitled,
<br /> may be handled, removed or stored by the Landlord at the risk, cost and expense of the Tenant, and except
<br /> strictly as required by law the Landlord shall in no event be responsible for the value, preservation or
<br /> safekeeping thereof. The Tenant shall pay to the Landlord, upon demand, any and all expenses incurred in
<br /> such removal and all storage charges for such property so long as the property shall be in the Landlord's
<br /> possession or under the Landlord's control. Any such property of the Tenant not retaken from storage by the
<br /> Tenant within thirty(30)days after the end of the term, however terminated, may be disposed of by Landlord
<br /> in any manner whatsoever, including without limitation, the sale, scrapping and/or destruction of the property
<br /> without any further obligation to the Tenant, and Tenant shall pay to Landlord promptly on demand the
<br /> reasonable expenses of such disposal.
<br /> (d) Landlord's Lien on Tenant's Interest. Tenant hereby grants to Landlord a first lien upon the
<br /> interest of Tenant under this Lease to secure the payment of moneys due under this Lease, which lien may
<br /> be enforced in equity.
<br /> (e) Landlord's Lien on Tenants' Pro e . Tenant hereby grants to Landlord a lien for the payment of
<br /> rent, additional rent and all other moneys to be paid by Tenant to Landlord hereunder, upon all of the goods,
<br /> wares, chattels, fixtures, furniture, equipment and other property of Tenant which may be in or upon the
<br /> Rented Space or the Europa Center. Such lien may be enforced in any lawful manner by of the Landlord.
<br /> Page 9 -THE EUROPA CENTER Lease
<br /> Landlord Tenant
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