Orange County NC Website
. C <br /> r <br /> installment was payable shall be discontinued to the date of termination at the rate of four f <br /> percent per annum . <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 Property . 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 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 G <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 the County may , at its option , agree to subordinate this lien to liens <br /> arising about purchased of equipment or leasehold improvement financing by Tenant , which <br /> 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 the rents <br /> and profits which might otherwise accrue to the Tenant from the use , enjoyment , and operation <br /> of the Leased Premises , such assignment to become effective , however , only after default by <br /> the Tenant in the performance of its obligations under this Lease . If the County , upon default of <br /> the Tenant , elects to file a suit in equity to enforce the Lease and protect the County ' s right <br /> hereunder , the County may upon notice to the Tenant , as ancillary to such suit , apply to any <br /> 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 /> f <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 h <br /> during the continuance of any such breach shall constitute a waiver of any claim , breach , or of f <br /> any 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 /> i <br /> Page 7 of 12 <br /> L, <br />