Minutes-2/10/1999

premises only in a manner in accordance with said zoning designation. 5. WARRANTIES OF TITLE AND QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant, on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, with the exception, however, of the following: (a) Conditions, restrictions, and limitations, if any, now appearing of record; (b) Building and zoning laws, ordinances, state and federal regulations, provided they do not adversely affect the present use of the premises; (c) Any defects that may disclose by an accurate survey; and (d) The proper performance by the Tenant of all of the terms and conditions contained in this lease. (e) During the term of this lease, Landlord shall not mortgage or otherwise encumber the premises without Tenant's written permission. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. All buildings, grounds, and premises shall be maintained by the Tenant in good order, condition, repair, and maintenance during the entire lease term, normal wear and tear excepted. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its own expense care for and maintain said premises in a reasonably safe and serviceable condition. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents, employees, or invitees. 7. UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of telephone, water, sewer, gas, heat, light, electricity, power, air conditioning, garbage disposal, trash disposal, and not limited by the foregoing, all other utilities and services of whatever kind and nature which may be used in or upon the demised premises or in connection with all activities conducted thereon and Landlord shall have no responsibility of any kind for any of them. 8. SURRENDER OF PREMISES AT END OF TERM--REMOVAL OF FIXTURES. (a) Tenant agrees that upon the termination of this lease it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. (c) It is understood that Tenant may build buildings or improvements on the premises leased herein. All work upon said improvements shall be constructed or done in a good and workmanlike manner. Any new building or improvement constructed by the Tenant on the premises, as well as any other improvements or alterations thereon, shall be the property of the Tenant during the term of this lease, however, ownership thereof shall pass to the Landlord upon the termination of this lease. 9. HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a year to year extension of this lease. 10. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, without the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease term due and payable at once. Such written permission shall not be unreasonably withheld. 11. REAL ESTATE TAXES. Real estate taxes which are levied or assessed by lawful authority against said real property shall be timely paid by the parties in the following proportions: by Landlord, 0%; by Tenant, 100%. Any increase in such taxes above the amount