The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-03

shops, engines. cars. fixtures and
other property of every kind and part
thereof so hired. let. farmed out. and
delivered, in equally as good condition
and repair as the property is at the
date of this lease. or to keep in place
of the same like things of equally
good condition and repair; and to re-
turn at the end of the said term. or
at other termination OF the said lease
to the lessor, its SUCCESSORS or assigns
the said railroad, rOad-bed, super
structure, dcpots, houses, buildings
shops, engines, cars, fixtures and other
property Of every kind and part
thereof, i'll like good condition and re-
pair or other property when any
part of said property shall be worn
out destroyed, or abandoned, as good
in quality and substance and in like
good order and repair. The condition
of the said railroad and property
under this lease to be ascertained by
examination and inspection by ex-
perts or their umpire, as hereinafter
provided.
But there shall be no claim or la
bility during the continuance of this
lease or at it's termination. by the
lessee its successors or assigns, upon
the lessor. its successors or assigns,
for any Improvement OF said property
over the condition OF the said proper
ty at the date of this lease, but all
such improvements shall be and re-
main the property Of the lessor. its
successors or assigns, subject to the
provisions OF the lease as hereinafter
set forth.
And the lessee further covenants to
and with the lessor. it's successors and
assigns. to indemnify and save harm
less the said lessor against and from
any and all damages which may be
recovered from or against 1t, accord
ing to law, by reason OF any failure
OF the said lessee, it's agents, employ
eeS, successors or assigns, to perform
in all things or it's or their violation of
their duties and obligations, whereby
the lessor may become liable to any
party injured or sustaining injury in
his or her person or property; and the
lessor on its part, covenants 10 and
with the lessee that whenever any
suit or action shall be instituted
against it. the said lessor. for any
cause of action for which the lessee
would be liable to the lessor under
the terms of this lease. the lessor will
Immediately give aus notice and
tender defense of such suit or action
to the lessee-such notice to be given
to the resident agent of the lessee at
either of the following named places,
to-wit. Morehead City, New Bern,
Kinston, or Goldsboro. all in the State
of North Carolina.
And whereas, there is in existence a
contract between the owners, of the
one part. and the lessor, of the other
part. whereby the said owners have
agreed to sell and convey TO the lessor
the property in Morehead City known
as the Atlantic Hotel for the sum of
about fourteen thousand ($14,O00.O0)
dollars. and only portion thereof, to-
wit: about two thousand ($Z,oG0) dol
lars, has been paid, and the remainder
is to be paid in successive annual in
staIlments of one thousand ($1,00O
dollars each, with interest. Inc lessee
covenants that in addition to the rent
ais agreed by it to be pald as hefelh-
before set forth, and as part OF the
said rental of the said demised proper
tv it viii pay the said installments
Vet remaining due upon the purchase
of the said Atlantic Hotel property;
provided. however, it shall not be re-
quired and does not undertake 10 pay
a greater sum than twelve thousand
(S12,oO0) dollars and its interest, nor
to pay this except in successive twelve
And the lessee doth further cove