Laserfiche WebLink
f. If any part of the rent provided to be paid herein is not paid when due, or if any <br /> default is made in any of the agreements or performances agreed to by Cornerstone, <br /> it shall be lawful for B&L Land Company LLC to declare the term ended, and to <br /> enter into the premises, either with or without legal process, and to remove <br /> Cornerstone or any other person occupying the premises, using such force as may <br /> be necessary, without being liable to prosecution, or in damages therefor, and to <br /> repossess the premises free and clear of any rights of Cornerstone. If, at any time, <br /> this lease is terminated under this paragraph, the Lessee agrees to peacefully <br /> surrender the premises to the B&L Land Company LLC immediately upon <br /> termination,and if Cornerstone remains in possession of the premises,Cornerstone <br /> shall be deemed guilty of forcible entry and detainer of the premises, and, waiving <br /> notice, shall be subject to forcible eviction with or without process of law. <br /> g. In the event of any dispute arising under the terms of this lease, or in the event of <br /> nonpayment of any sums arising under this lease and in the event the matter is <br /> turned over to an attorney,the party prevailing in such dispute shall be entitled, in <br /> addition to other damages or costs, to receive reasonable attorney's fees from the <br /> other party. <br /> h. In the event any payment required hereunder is not made within ten(10)days after <br /> the payment is due, a late charge in the amount of five percent(5%)of the payment <br /> will be paid by the Lessee. <br /> i. In the event of a condemnation or other taking by any governmental agency, all <br /> proceeds shall be paid to B&L Land Company LLC hereunder, with Cornerstone <br /> waiving all right to any such payments. <br /> j. This lease is made with the express understanding and agreement that, in the event <br /> Cornerstone becomes insolvent, or is declared a bankrupt,then, in either event,the <br /> B&L Land Company LLC may declare this lease ended,and all rights of the Lessee <br /> hereunder shall terminate and cease. <br /> k. As security for the performance of this Lease, Cornerstone hereby assigns to B&L <br /> Land Company LLC a security interest in any and all improvements upon the <br /> property including but not limited to buildings,fixtures,trade fixtures, water lines, <br /> roads,equipment,stockpiles,stores of gravel and any and all Governmental permits <br /> held by Cornerstone used in conjunction with Cornerstone's operation on the <br /> Property. B&L Land Company LLC shall have the right but not the obligation to <br /> secure this security interest with the filing of an appropriate security agreement in <br /> the appropriate state and county offices. In the event of Cornerstone default under <br /> this lease, Cornerstone shall execute any and all documents necessary to give this <br /> security agreement full force and effect including but not limited to the execution <br /> of any and all permit transfer documents required by the applicable governing <br /> agencies. <br /> 1. This lease shall be binding on the parties,their personal representatives, successors <br /> and assigns. <br /> m. Either party may require the other to execute and record a memorandum of lease in <br /> the real property records of Gunnison County which serves to put all third parties <br /> upon notice of the material terms of this lease and the options contained herein. <br /> 4 <br />