have under this Lease,
including Section 7.4 above, with respect to Landlord defaults.
46
7.6 Landlord's Mortgagee. If the Property and/or the Leased Premises are at any
time subject to a mortgage and/or mortgage deed of trust, then in any instance
in which Tenant gives notice to Landlord alleging default by Landlord hereunder,
Tenant will also simultaneously give a copy of such notice to each Landlord's
Mortgagee (provided Landlord or Landlord's Mortgagee shall have advised Tenant
of the name and address of Landlord's Mortgagee) and Landlord's Mortgagee shall
have the right (but not the obligation) to cure or remedy such default during
the period that is permitted to Landlord hereunder, as provided in the
Subordination, Non-Disturbance and Attornment Agreement attached hereto as
Exhibit F or otherwise executed by Tenant, and Tenant will accept such curative
or remedial action taken by Landlord's Mortgagee with the same effect as if such
action had been taken by Landlord.
7.7 Landlord's Lien. IN ADDITION TO ANY STATUTORY LIEN FOR RENT IN LANDLORD'S
FAVOR, LANDLORD SHALL HAVE AND TENANT HEREBY GRANTS TO LANDLORD A CONTINUING
SECURITY INTEREST FOR ALL RENTALS AND OTHER SUMS OF MONEY BECOMING DUE HEREUNDER
FROM TENANT, UPON ALL GOODS, WARES, EQUIPMENT, FIXTURES, FURNITURE, INVENTORY,
ACCOUNTS, CONTRACT RIGHTS, CHATTEL PAPER AND OTHER PERSONAL PROPERTY OF TENANT
NOW OR HEREAFTER SITUATED AT, ON OR WITHIN THE REAL PROPERTY DESCRIBED IN
EXHIBIT A ATTACHED HERETO, AND SUCH PROPERTY SHALL NOT BE REMOVED THEREFROM
WITHOUT THE CONSENT OF LANDLORD UNTIL ALL ARREARAGES IN RENT AS WELL AS ANY AND
ALL OTHER SUMS OF MONEY THEN DUE TO LANDLORD HEREUNDER SHALL FIRST HAVE BEEN
PAID AND DISCHARGED. IN THE EVENT THAT ANY OF THE FOREGOING DESCRIBED PROPERTY
IS REMOVED FROM THE LEASED PREMISES IN VIOLATION OF THIS SECTION, THE SECURITY
INTEREST SHALL CONTINUE IN SUCH PROPERTY AND ALL PROCEEDS AND PRODUCTS,
REGARDLESS OF LOCATION. PROCEEDS AND PRODUCTS OF COLLATERAL ARE ALSO COVERED. IN
THE EVENT OF A DEFAULT UNDER THIS LEASE, LANDLORD SHALL HAVE, IN ADDITION TO ANY
OTHER REMEDIES PROVIDED HEREIN OR BY LAW, ALL RIGHTS AND REMEDIES UNDER THE
UNIFORM COMMERCIAL CODE, INCLUDING WITHOUT LIMITATION THE RIGHT TO SELL THE
PROPERTY DESCRIBED IN THIS SECTION AT PUBLIC OR PRIVATE SALE UPON THE REQUISITE
NOTICE TO TENANT. AT LANDLORD'S REQUEST, TENANT HEREBY AGREES TO EXECUTE AND
DELIVER TO LANDLORD, OR TENANT ACKNOWLEDGES THAT LANDLORD MAY EXECUTE WITHOUT
THE JOINDER OF TENANT, A FINANCING STATEMENT IN FORM SUFFICIENT TO PERFECT THE
SECURITY INTERESTS GRANTED HEREIN UNDER THE UNIFORM COMMERCIAL CODE IN FORCE IN
THE STATE OF TEXAS AND SUCH OTHER INSTRUMENTS NECESSARY OR DESIRABLE IN
LANDLORD'S DISCRETION TO PERFECT THE SECURITY INTEREST HEREBY CREATED. ANY
STATUTORY LIEN FOR RENT IS NOT HEREBY WAIVED, THE EXPRESS CONTRACTUAL LIEN
HEREIN GRANTED BEING IN ADDITION AND SUPPLEMENTARY THERETO. Notwithstanding the
foregoing, however, (A) Tenant shall not be precluded from transferring and
otherwise disposing of obsolete or defective goods, or from selling,
transferring or replacing any of such personal property in the ordinary course
of its business, and routine