AND AN ATTORNEYS' COMMISSION OF FIVE PERCENT (5%) OF THE FULL AMOUNT OF SUCH
RENT, AMOUNTS AND SUMS, AND THEREUPON WRITS OF EXECUTION FOR LEVY AND ATTACHMENT
MAY FORTHWITH ISSUE AND BE SERVED, WITHOUT ANY PRIOR NOTICE, WRIT OR PROCEEDING
WHATSOEVER; AND (II) THE WARRANT OF ATTORNEY HEREIN GRANTED SHALL NOT BE
EXHAUSTED BY ONE OR MORE EXERCISES THEREOF BUT SUCCESSIVE ACTIONS MAY BE
COMMENCED AND SUCCESSIVE JUDGMENTS MAY BE CONFESSED OR OTHERWISE ENTERED AGAINST
AND DAMAGES ASSESSED AGAINST TENANT FROM TIME TO TIME AS OFTEN AS ANY OF THE
RENT AND/OR OTHER AMOUNTS AND SUMS SHALL FALL OR BE DUE OR BE IN ARREARS, AND
THIS WARRANT OF ATTORNEY MAY BE EXERCISED BEFORE AND/OR AFTER THE TERMINATION OR
EXPIRATION OF THE TERM AND/OR DURING OR AFTER ANY EXTENSIONS OF THE TERM OR
RENEWALS OF THE LEASE.
- 4 -
(5) CONFESSION OF JUDGMENT - POSSESSION. TENANT COVENANTS AND AGREES THAT IF
THERE IS AN EVENT OF DEFAULT OR THE LEASE IS TERMINATED OR THE TERM OR ANY
EXTENSIONS OR RENEWALS THEREOF IS EXPIRES, THEN AND IN ADDITION TO THE RIGHTS
AND REMEDIES SET FORTH IN SECTION 17.B(4), LANDLORD MAY, WITHOUT LIMITATION AND
WITHOUT NOTICE OR OTHER ACT, CAUSE JUDGMENTS IN EJECTMENT FOR POSSESSION OF THE
PREMISES TO ENTERED AGAINST TENANT AND, FOR THOSE PURPOSES, TENANT HEREBY GRANTS
THE FOLLOWING WARRANT OF ATTORNEY: (I) TENANT HEREBY IRREVOCABLY AUTHORIZES AND
EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD AND/OR LANDLORD (AS WELL AS SOME
ONE ACTING FOR LANDLORD) IN ANY AND ALL ACTIONS COMMENCED FOR RECOVERY OF
POSSESSION OF THE PREMISES TO APPEAR FOR TENANT AND CONFESS OR OTHERWISE ENTER
JUDGMENT IN EJECTMENT FOR POSSESSION OF THE PREMISES AGAINST TENANT WHICH
JUDGMENT SHALL BE ENFORCEABLE AGAINST TENANT AND ALL PERSONS CLAIMING DIRECTLY
OR INDIRECTLY BY, THROUGH OR UNDER TENANT, AND THEREUPON A WRIT OF POSSESSION
MAY FORTHWITH ISSUE AND BE SERVED, WITHOUT ANY PRIOR NOTICE, WRIT OR PROCEEDING
WHATSOEVER; AND (II) IF, FOR ANY REASON AFTER THE FOREGOING ACTION OR ACTIONS
SHALL HAVE BEEN COMMENCED, IT SHALL BE DETERMINED THAT POSSESSION OF THE
PREMISES SHOULD REMAIN IN OR BE RESTORED TO TENANT, LANDLORD SHALL HAVE THE
RIGHT TO COMMENCE ONE OR MORE FURTHER ACTIONS AS HEREINBEFORE SET FORTH TO
RECOVER POSSESSION OF THE PREMISES INCLUDING, WITHOUT LIMITATION, APPEARING FOR
TENANT AND CONFESSING OR OTHERWISE ENTERING JUDGMENT IN EJECTMENT AGAINST TENANT
FOR POSSESSION OF THE PREMISES AS HEREINBEFORE SET FORTH.
(6) IN ANY ACTION OR PROCEEDING DESCRIBED IN SUBSECTION 17.B(4) AND/OR
SUBSECTION 17.B(5) OR IN CONNECTION THEREWITH, IF A COPY OF THE LEASE IS THEREIN
VERIFIED BY LANDLORD OR SOMEONE ACTING FOR LANDLORD TO BE A TRUE AND CORRECT
COPY OF THE LEASE (AND SUCH COPY SHALL BE CONCLUSIVELY PRESUMED TO BE TRUE AND
CORRECT BY VIRTUE OF SUCH VERIFICATION), THEN IT SHALL NOT BE NECESSARY TO FILE
THE ORIGINAL OF THE LEASE, ANY STATUTE, RULE OF COURT OF LAW, CUSTOM OR PRACTICE
TO THE CONTRARY NOTWITHSTANDING. TENANT HEREBY RELEASES TO LANDLORD, ANYONE
ACTING FOR LANDLORD AND ALL ATTORNEYS WHO MAY