Orange County NC Website
(f) The terms "enter" , " reenter" , "entry" , or " reentry " as used in this lease are not <br /> restricted to their technical meaning . <br /> 16 . Lien on Tenant' s Imorovements and Personal Prooerty , 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 /> 17 . County ' s Riaht to Receiver uaon 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 j <br /> considered cumulative and not exclusive . <br /> 18 . 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 /> 19 . Performance of Tenant' s Oblioations - 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 6 of 11 <br />