Common use of LANDLORD'S LIEN Clause in Contracts

LANDLORD'S LIEN. All property on the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.

LANDLORD'S LIEN. All property on the Premises is hereby subjected to a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-council- members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunder.

LANDLORD'S LIEN. All property on the Premises is hereby subjected In addition to a contractual landlord's any applicable common law or statutory lien, unless specifically none of which are to be deemed waived by the BoardLandlord, Landlord shall have, at all times, and Tenant hereby grants to Landlord, a valid lien and security interest to secure payment of delinquent rent all rentals and other sums of money becoming due hereunder from Tenant, and unpaid under this Leaseto secure payment of any damages or loss which Landlord may suffer by reason of the breach by Tenant of any covenant, agreement or condition contained herein, upon all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant which may hereafter be situated on the Premises, and all proceeds therefrom, and such property shall not be removed therefrom without the consent of Landlord until all arrearage in Rent as well as any and all exemption laws being hereby expressly waived in favor other sums of such landlord's lien; money then due to Landlord hereunder shall first have been paid and it is agreed that such landlord's discharged and all the covenants, agreements and conditions hereof have been fully complied with and performed by Tenant. Landlord covenants and agrees to subordinate the lien shall not be construed as granted hereunder to any commercial lender which Tenant grants a waiver security interest. Upon the occurrence of any statutory or other lien given or which may be given an Event of Default by Tenant, but subject to the Board but shall be in addition thereto. It is agreed by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertyTenant’s lender rights, if any, after the expiration of all stated notice and then cure periods, Landlord may, in addition to any other remedies provided herein, peaceably enter upon the Premises and take possession of any and all goods, wares, equipment, fixtures, furniture, improvements and other personal property of Tenant situated on the Premises, without liability for trespass or conversion, and sell the same at public or private sale, with or without having such property at the sale, after giving Tenant reasonable notice of time and place of any public sale or of the time after which any private sale is to be made, at which sale Landlord or its assigns may purchase unless otherwise prohibited by law. Unless otherwise provided by law, and without intending to exclude any other manner of giving Tenant reasonable notice, the requirement of reasonable notice shall be met if such notice is given in the manner prescribed in Article 28 of this Lease at least five (5) days before the time of sale. The proceeds from any such disposition, less all expenses connected with the taking of possession, holding and selling of the property (including reasonable attorney’s fees and other expenses), shall be applied as a credit against the indebtedness secured by the security interest granted in this Article 23. Any surplus shall be paid to Tenant or as otherwise required by law; and Tenant shall pay any deficiencies forthwith. Upon request by Xxxxxxxx, Xxxxxx agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform Commercial Code in force in the Commonwealth of Pennsylvania. Notwithstanding the foregoing, the parties acknowledge and agree that Xxxxxx’s lender may have superior rights to the indebtedness property noted herein. After notice by Xxxxxxxx in accordance with Article 28 hereof, Tenant shall use its best efforts to obtain, within forty-five (45) days of Concessionairesuch notice, with a waiver of all such rights from its lender in this regard, and, failing to obtain such waiver, that Tenant shall use its best efforts to obtain from such lender, the surplusright to grant a subordinated lien to Landlord in such goods, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant second only to the Texas Business and Commerce Code, and the Board shall have all rights and remedies lien of a secured party thereundersuch lender.

LANDLORD'S LIEN. All In addition to any statutory landlord’s lien, now or hereafter enacted, Tenant grants to Landlord, to secure performance of Tenant’s obligations hereunder, a security interest in all of Tenant’s furniture, fixtures, inventory and equipment situated in or upon the Premises or the Project, and all proceeds thereof (except merchandise sold in the ordinary course of business) (collectively, the “Collateral”), and the Collateral shall not be removed from the Premises or the Project without the prior written consent of Landlord until all obligations of Tenant have been fully performed. For the purposes of this Section 20, there shall be a rebuttable presumption that all property on located in the Premises is hereby subjected to a contractual landlord's lienowned by Tenant. For the avoidance of doubt, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien Collateral shall not be construed as a waiver of include any statutory contract rights, accounts receivable or other lien given similar intangible property of Tenant located at the Premises or which may be given to the Board but shall be Project or associated with Tenant’s use of the Premises. Upon the occurrence of an Event of Default, Landlord may, in addition thereto. It is agreed by Concessionaire that in to all other remedies, without notice or demand except as provided below, exercise the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, rights afforded to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderunder the Uniform Commercial Code of the state in which the Premises are located (the “UCC”). To the extent the UCC requires Landlord to give to Tenant notice of any act or event and such notice cannot be validly waived before a default occurs, then five-days’ prior written notice thereof shall be reasonable notice of the act or event. In order to perfect such security interest, Landlord may file any financing statement or other instrument necessary at Tenant’s expense at the state and county Uniform Commercial Code filing offices. Upon Tenant’s written request, Landlord shall subordinate the security interest in the Collateral granted to Landlord under this Section 20, to Tenant’s primary line of credit provider so long as such credit provider is an institutional lender unaffiliated with Tenant, and Landlord and Tenant shall, at Tenant’s expense, execute Landlord’s standard form of subordination documentation to evidence such subordination; provided, however, such subordination shall not apply to any Collateral paid for in whole or in part by Landlord.

LANDLORD'S LIEN. All In addition to any statutory lien for rent in Landlord's favor, Landlord (the secured party for purposes hereof) shall have and Tenant (the debtor for purposes hereof) hereby grants to Landlord, an express contract lien and a continuing security interest to secure the payment of all Rent due hereunder from Tenant, upon all goods, wares, equipment, fixtures, furniture, inventory, accounts, contract rights, chattel paper and other personal property of Tenant (and any transferees or other occupants of the Premises) presently or hereafter situated on the Premises is hereby subjected and upon all proceeds of any insurance which may accrue to Tenant by reason of damage or destruction of any such property. In the event of a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent and other sums due and unpaid default under this Lease, any and all exemption laws being hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien Landlord shall not be construed as a waiver of any statutory or other lien given or which may be given to the Board but shall be have, in addition thereto. It to any other remedies provided herein or by law, all rights and remedies under the Uniform Commercial Code of the state in which the Premises is agreed by Concessionaire that in located, including without limitation the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, right to sell Concessionaire's the property found on the Premises described in this paragraph at a public or private sale with proceeds upon ten (10) days' notice to Tenant, which notice Tenant hereby agrees is adequate and reasonable. Tenant hereby agrees to execute 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. Landlord and Tenant agree that this Lease and the security interest granted herein serve as a financing statement, and a copy or photographic or other reproduction of this Paragraph of this Lease may be filed of record by Landlord and have the same force and effect as the original. Tenant warrants and represents that the collateral subject to the security interest granted herein is not purchased or used by Tenant for personal, family or household purposes. Tenant further warrants and represents to Landlord that the lien granted herein constitutes a first and superior lien and that Tenant will not allow the placing of any other lien upon any of the sale applied first to property described in this Article without the cost prior written consent of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Concessionaire, with the surplus, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderLandlord.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Lease, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, wares, merchandise, inventory, furniture, fixtures, equipment and unpaid under this Leaseother personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom without the approval and consent of Landlord (which shall not be unreasonably withheld, delayed or conditioned) until all arrearage in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver full. Upon the occurrence of any statutory or other lien given or which may be given to the Board but shall be Event of Default by Tenant, Landlord may, in addition thereto. It is agreed to any other remedies provided herein or by Concessionaire that in the event of default by Concessionaire hereunder the Board shall have the rightlaw, enter upon 30 days prior written notice, to sell Concessionaire's property found on the Premises and take possession of any and all goods, wares, merchandise, inventory, furniture, fixtures, equipment and other personal property and effects of Tenant situated in or upon the Premises without liability for trespass or conversion, and sell the same at a public or private sale sale, with proceeds of the sale applied first to the cost of or without having such property at the sale, then to at which Landlord or its assigns may purchase, and apply the cost proceeds thereof, less any and all expenses connected with the taking of storage possession and sale of the property, if anyas a credit against any sums due by Tenant and Tenant agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be foreclosed in the manner and then to the indebtedness form provided by law for foreclosure of Concessionaire, with the surplussecurity interests or in any other manner and form provided by law. The statutory lien for rent, if any, to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from and indemnify the Airport Board is not hereby waived and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The express contractual lien herein granted hereunder is a security interest pursuant to the Texas Business in addition thereto and Commerce Code, and the Board shall have all rights and remedies of a secured party thereundersupplementary thereto.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," "Homewood Residence," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Lease, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Premises, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Lease without the approval and consent of Landlord until all arrearages in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver full. Upon the occurrence of any statutory Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Premises and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other lien given personal property and effects of Tenant situated in or which may be given upon or with respect to the Board but shall be in addition thereto. It is agreed by Concessionaire that in Premises without liability for trespass or conversion, and sell the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises same at a public or private sale sale, with proceeds or without having such property appraised, at which Landlord or its assigns may purchase any of the sale applied first same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due by Tenant, and Tenant agrees to the cost pay any deficiency forthwith. If Landlord takes possession and control of the salePremises and operates the same, then Tenant shall for so long as Landlord is actively operating the Premises, have no obligation to operate the cost Premises. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of storage of the propertysecurity interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Lease such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by state law. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the surpluspassage of time may become an Event of Default, if anyTenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," "Heritage Club," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money due or becoming due hereunder from Tenant, upon all goods, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other tangible personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property but excluding items of Tenant's Intangible Personal Property, and such property shall not be removed from the Leased Property except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in rent as well as any and all exemption laws being hereby expressly waived other sums of money then due to Landlord hereunder shall first have been paid and discharged in favor of such landlord's lien; full. Upon the occurrence and it is agreed that such landlord's lien shall not be construed as a waiver during the continuance of any statutory Event of Default by Tenant, Landlord may, in addition to any other remedies provided herein or by law, enter upon the Leased Property and take possession of any and all goods, wares, merchandise, books and records, inventory, furniture, fixtures, equipment, vehicles and other lien given tangible personal property and effects of Tenant situated in or which may be given upon or with respect to the Board Leased Property, including Tenant's Personal Property but shall be in addition thereto. It is agreed by Concessionaire that in excluding items of Tenant's Intangible Personal Property, without liability for trespass or conversion, and sell the event of default by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises same at a public or private sale sale, with proceeds or without having such property appraised, at which Landlord or its assigns may purchase any of the sale applied first same and apply the proceeds thereof, less any and all expenses connected with the taking of possession and sale, as a credit against any sums due from Tenant, and Tenant agrees to the cost pay any deficiency forthwith. If Landlord takes possession and control of the saleLeased Property and operates the same, then Tenant shall for so long as Landlord is actively operating the Leased Property, have no obligation to operate the cost Leased Property. Alternatively, the lien hereby granted may be foreclosed in the manner and form provided by law for foreclosure of storage of the propertysecurity interests or in any other manner and form provided by law. The statutory lien for rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such financing statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or by Applicable Laws. Tenant further agrees that during an Event of Default or the pendency of any event or circumstance which, with the surpluspassage of time may become an Event of Default under Section 12.1(a), if anyTenant shall not make any distributions to its shareholders, partners, members or other owners and any such distributions shall be subordinate to be mailed to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "ARC," "American Retirement Corporation," or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.

LANDLORD'S LIEN. All property on Landlord shall have at all times during the Premises is hereby subjected to Term of this Agreement, a contractual landlord's lien, unless specifically waived by the Board, to secure payment of delinquent rent valid lien for all rents and other sums of money becoming due hereunder from Tenant, upon all goods, accounts, wares, merchandise, inventory, furniture, fixtures, equipment, vehicles and unpaid under other personal property and effects of Tenant situated in or upon the Leased Property, including Tenant's Personal Property and any interest of Tenant in P&E Replacements, but specifically excluding the trade names "Somerby", or any derivation or replacement thereof or addition thereto applied by Affiliated Persons of Guarantor to other facilities, and such property shall not be removed therefrom except in accordance with the terms of this Lease, Agreement without the approval and consent of Landlord until all arrearages in Rent as well as any and all exemption laws being other sums of money then due to Landlord hereunder shall first have been paid and discharged in full. Alternatively, the lien hereby expressly waived in favor of such landlord's lien; and it is agreed that such landlord's lien shall not be construed as a waiver of any statutory or other lien given or which granted may be given to the Board but shall be in addition thereto. It is agreed by Concessionaire that foreclosed in the event manner and form provided by law for foreclosure of default security interests or in any other manner and form provided by Concessionaire hereunder the Board shall have the right, upon 30 days prior written notice, to sell Concessionaire's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the propertylaw. The statutory lien for Rent, if any, is not hereby waived and then the express contractual lien herein granted is in addition thereto and supplementary thereto. Tenant agrees to execute and deliver to Landlord from time to time during the indebtedness Term of Concessionairethis Agreement such Financing Statements as may be required by Landlord in order to perfect the Landlord's lien provided herein or granted or created by state law. Tenant further agrees that during an Event of Default, with the surplusTenant shall not make any distributions to its shareholders, if anypartners, members or other owners and any such distributions shall be considered and deemed to be mailed fraudulent and preferential and subordinate to Concessionaire at the address herein designated. Concessionaire further agrees to hold harmless from Landlord's claim for Rent and indemnify the Airport Board and the Cities of Dallas and Fort Worth including but not limited to: the Board's directors, officers, agents, employees, and the Cities' council-members, officers, agents and employees against any loss or damage or claim arising out of the action of the Board in pursuance of this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the Board or its employees, acting within the course and scope of employment. The contractual lien granted hereunder is a security interest pursuant to the Texas Business and Commerce Code, and the Board shall have all rights and remedies of a secured party thereunderother sums hereunder.