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fixtures, now or at any time during the said term to be fixed or fastened to the premises, or any part thereof, and all improvements and additions thereto.

Lessor's covenants:

- for quiet enjoyment;

The lessor hereby covenants with the lessee that the lessee, performing and observing all the covenants by the lessee herein contained, may quietly hold and enjoy the premises during the said term without any interruption by the lessor, or any person claiming through him; and further, that he, the lessor, will pay all rates and taxes that now are, or that hereafter may be, imposed upon the premises, including the water rate but excluding the gas rate, and that he will keep the exterior of the premises in good and substantial repair.

-to pay

taxes, etc.

Proviso for suspension of

fire.

Provided always that, on any breach of any of the covenants by the lessee herein contained, the lessor may reënter upon the premises, and immediately thereupon the said term shall absolutely determine. Provided also that if the premises, or any rent in case of part thereof, shall at any time during the said term be destroyed or rendered uninhabitable by fire (except through the wilful neglect of the lessee), then and in such case the payment of the rent hereby reserved, or a proportionate part thereof, according to the extent of the damage incurred, shall be suspended until the premises shall have been reinstated and Interpreta- again rendered fit for habitation. Provided lastly, tion clause. that the lessor and the lessee, and the executors, administrators, and assigns of the lessor and of the lessee, shall be respectively bound by and be entitled to the benefit of these presents, and to the covenants, conditions, and agreements therein contained, in like manner as if the words "executors, administrators, and assigns" were inserted next after the words "lessor" and "lessee" throughout, so far as the nature of the case will admit, and unless the context may require a different construction. In witness, etc.

Lease with Chattel Mortgage Clause.

Lease made and executed between

of -, party of the first part, and of party of the second part, the

of

18-.

day

In consideration of the rents and covenants hereinafter expressed, the said party of the first part doth hereby term of years. demise and lease to the said party of the second part

Lease for

the following premises, namely, all that, etc., with the privileges and appurtenances, for and during the term of

the

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years from

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18-, which term will end the

day of

Lessee's

dollars, covenant to

day of 18. And the said party of the second part covenants that he will pay to the party of the first part, for the use of said premises, the yearly rent of to be paid in equal monthly payments, on the first day of each month, the first payment to be made on the first day next, for the preceding month.

of

pay rent.

Lessor to

for the rent.

And it is hereby agreed that the said party of the first part shall have a lien as security for the rent aforesaid upon the following goods and chattels, namely, etc., have a lien and also upon all the goods, wares, chattels, implements, fixtures, tools, and other personal property which are or may be put on the said demised premises, and such lien may be enforced on the nonpayment of any rent due as aforesaid by the taking and sale of such property in the same manner as in cases of chattel mortgages on default thereof; said sale to be made on six days' notice, posted upon the demised premises, and served upon the party of the second part, or left at his place of residence.

Provided that if said party of the second part shall fail to pay said rent, or any part thereof, when it becomes due,

Lessor may

it is agreed that said party of the first part may sue reënter. for the same, or reënter said premises, or resort to any legal remedy. The party of the first part agrees to pay all taxes to be assessed on said premises during said term.

Lessee to

surrender

The party of the second part covenants that at the expiration of said term he will surrender up said premises to the party of the first part in as good condition as they in good connow are, necessary wear and damage by the elements excepted. Witness the hands and seals of the said parties the day and year first above written.

dition.

Lease of Business Block for a Long Term, with Special Provisions for rebuilding in Case of Destruction by Fire, and for an Increased Rent for New Building.

Indenture made the day of, A. D. 18-, by and beof -, party of the first part, hereinafter called the parties of the second

tween

lessor, and

both of

and part, hereinafter called the lessees.

Parcel.

The party of the first part doth demise and lease unto the parties of the second part the following described parcel of land, with the buildings thereon, namely, etc. To have and to hold the premises hereby demised unto the parties of the second part and their executors, administrators, and assigns, for the term of

Habendum.

from the

Reddendum.

years

day of —, A. D. 18-: yielding and paying therefor during the said term, yearly, the rent of dollars (and if a new building shall be erected on said premises by the lessor, his heirs or assigns, under the agreement hereinafter contained, yielding and paying the rent hereinafter agreed to be paid in such case, it being agreed that all the covenants and agreements herein contained shall apply to such rents as well as to the rent of dollars above specified), by equal quarterly payments on the usual quarterly days, the first of said payments to be made on the day of —— A. D. 18—; and also, at the legal determination of the term hereby demised, a proportionate part of the rent for any part of the quarter then unexpired.

Lessees' Covenant to pay rent and taxes;

And the lessees do hereby, for themselves, their executors, administrators, and assigns, covenant with the lessor, his heirs and assigns, that they will pay unto the lessor, his heirs and assigns, the rent hereby reserved at the times herein provided, and all taxes, betterments, water rates, and assessments whatsoever which may be assessed or imposed upon or in respect of the demised premises, or any part thereof, during said term; and will also keep all -to repair; and singular the premises in such repair, order, and condition as the same are in at the commencement of said term, or may be put in during the continuance thereof, and will not make or suffer any strip or waste of the premises; and will keep and make good, with glass of the same kind and quality, all glass which now is or may hereafter be put into the premises; and that no unlawful, improper, or offensive trade or business shall be carried on in or upon the premises; and that the lessor, his heirs and assigns, and his or their agents, at reasonable times may enter to view the premises, and to make any repair which he or they may desire to make, and also to make any improvements which he or they may find necessary to make, to protect his or their interest in said estate, at the expense of the lessees, it being understood

-to allow lessor to enter to make repairs at expense of the lessees;

- but lessor not bound to

make repairs;

-nor liable

property.

Lessees'

covenant not without writ

to assign

ten leave;

and agreed, however, that neither he nor they shall be bound to make any repairs or improvements at his or their own expense, nor be liable for any damage by water or otherwise to any merchandise or property on the premises; but that all repairs and improvements of for damages to whatever nature, inside and outside of the building or on the demised premises, are to be made by and at the expense of the lessees, their executors, administrators, or assigns. And the lessees, for themselves and their executors, administrators, and assigns, do also covenant that they will not assign this lease without first obtaining the assent in writing of the lessor, his heirs or assigns, and will at the determination of the said term, either by forfeiture, lapse of time, or as herein provided or otherwise (unless they shall purchase the same under the agreement hereinafter contained), peaceably quit and deliver up to the les-to quit and sor, his heirs or assigns, the said premises, together deliver up; with all future additions and erections thereon, vacant and unincumbered, in good and substantial repair, order, and condition in all respects; and that they will at all times keep the buildings thereon fully insured against loss by fire and other hazards, in companies satisfactory to the lessor, his for benefit of heirs or assigns, by policies approved by and issued and payable to him or them, but paid for by the lessees, their executors, administrators, or assigns, and that in case they do not do so the lessor may procure such insurance at their expense, and they agree to pay for the same, and that the lessor may enforce payment of the amount paid by him therefor, without waiver of or prejudice to any other rights by him under this instrument.

to insure

lessor ;

surance to be

And if said buildings shall be damaged or destroyed by fire, the lessor, his heirs or assigns, shall apply the amount Money rereceived by him or them upon the insurance policies ceived for intowards the repair of said buildings, or the construc- applied to rebuilding by tion of a new building upon the demised premises, the lessees. unless the lessor, his heirs or assigns, shall give notice, as hereinafter provided, of his or their desire to erect a new building thereon under the right so to do by the provisions of this instrument. And if such insurance money shall be more than sufficient to make such repairs or to so rebuild, and to cover all damages by fire to the lesser, then the balance thereof, upon the completion of such repairs or

Surplus of insurance money to be

paid to lessees.

rebuilding to the satisfaction of the lessor, shall be paid over to the lessees.

But if said building shall be totally destroyed by fire, or be damaged by fire or otherwise to the extent of dollars, in the judgment of the lessor, his heirs or assigns, and he or they shall, within

Upon total destruction of

building by

fire, lessor may

rebuild.

Rent to

time of re

building.

days after such destruction or damage, give written notice to the lessees, their executors, administrators, or assigns, or to either of them, that he or they desire to erect a new building upon said demised premises, then, unless the lessees shall terminate this lease by a notice that they do not desire to have such building erected, as hereinafter provided, he or they shall have the right so to do, and shall have the right to the possession and control of the demised premises for such time as they may require for that purpose, in the same manner and to the same extent as though this lease were not in existence, but without prejudice to any other rights or obligations of either of the parties hereto; and during the time that the lessees are abate during deprived of the use and possession of the demised premises by such construction of a new building thereon, the rent hereinbefore reserved, or a just and proportionate part thereof, shall be suspended and abated. And from and after the completion of the said new building by the lessor, his heirs or assigns, said lessees, their executors, administrators, or assigns, shall pay to the lessor, his heirs or assigns, in addition to the rent herein before reserved, on the same days on which such rent is to be paid, and as an addition thereto, and as a part of the rent of the demised premises, a sum equal to per cent. per annum, payable quarterly, on the amount of money expended by the lessor, his heirs or assigns, in the construction of such new building (such amount to include interest at per cent. per annum upon the money so expended from the times when it is expended till the completion of the building), in excess of the amount received by him or them upon policies of insurance paid for by the lessees upon the old building, and for materials from the old building, which are to be sold at public auction to the highest bidder, on such notice and conditions as the lessor, his heirs or assigns, may make.

Additional

rent to be

paid on new building.

If, however, said building shall be totally destroyed by fire, or be injured by fire or otherwise to the extent of dollars, in

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