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24. This Lease shall be subordinate to any first mortgage now or Ireafter a lien upon <br /> the destined promises or upon any real property of which thn devised premises fora a <br /> part; provided, however, that subordination in 2r1y instance shall be contir><;ent upon, <br /> and subject to, the follow-In[, conditions which shall be binding on the holder of any <br /> aueh mortgage, any purchaser at foreclosure sale or otherwise, and arm other successor <br /> in interests <br /> (a) Lessee shall not be disturbad in its possession and occupancy of the de iaed premises <br /> durin;, the original or any eytended tern of this L<rt:ao notwithstandin- any such mortgage, <br /> l:1 <br /> so long as Lessee complies with and performs its obligatio- hnraunder. <br /> (b) Any person or entity who by- virtue of arrf such mortgage acquires and exercises the <br /> richt to receive the rents payable by Lsssse under this Lease shall thereby become and <br /> remain obligated to Lessee for the due pertormaneo of all the terms, covenants, conditions <br /> and agreements of this Lease on Lessor's part to be performed. <br /> (c) Lensors agree that the Lesaeo shall be peniitted at its option to correct any default <br /> arising from any such Mortgage, and Shall be pArmitted to recoup any pa"ente or expenses <br /> in correctin; such default from subsequent payments due hereunder. <br /> 25. Within a reasonable time after the expiration of each lease year of the term hereof, <br /> Lessee will submit to L-,3asor a Statement of gales ahowin- the net sales billed to customers <br /> from loaned premises as reflected on records of account maintained in the operation of the <br /> business (co,- nog to and standard for Goodyear Service Stores) less Federal rxciae Taxes, <br /> Sales Taxes or similar taxes or imposition's where billed to Customer as a ompnrate item. <br /> if 214 percent of Retail Sales plus one (11) percent of Wholesale Sales '(for the purpose <br /> of this pr,ra raph all sales of truck tires and tubes shall be cons dared +s2tolesele Sales) <br /> shall exceed the ag^rePate of (a) .he annual eY-Tegate of the ;dnimum monthltir rantal as <br /> herein provided, plus (b) the Real Lstate Taxes and/or Assessments relAburs^d to Lessor <br /> pursuant to paraalraph i12 hereof, nlun (c) the cost of insurance paid pursuant <br /> to paragraph '10 hereof, then Lea�3oe shall pay to Lessor, as ddditional-rental for such <br /> lease year, an amount equal to such excess, provided, however, that the crass rental <br /> payable herein in any one lease year shall not exceed a aum equal to tha annual aggregate <br /> of the minimum montl-_ly rental. ;:o "tetement of Sales need b submitted iiith reupeat to <br /> any lease yeer in which th maxir,,:m rental is payable to Lessor. <br /> s lease and all the provisions hereof shall be binding on and ivare to the benefit of the heirs,executors,administrators,successors and <br /> assigns of both parties hereto. <br /> This lease is subject to approval by Lessee at its home office in Akron, Ohio and shall not become binding on Lessee until signed by <br /> its officers or duly authorized representative. <br /> IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed as of the day and year first above written. <br /> Aporovals <br /> WIT S, <br /> ..... ...��� .......... ...... ».._..__..... . <br /> Lessor <br /> B ��'�. <br /> WITNESSES: _............»...».,......w.»_._...__ _._... __...__» _.».----._..._—.. <br /> { THE GOODYEAR TIRE & RUBBER COMPANY <br /> .........C�'1 _�_ti,�►•�i��f'S�l._»»...___._... Lessee <br /> By <br /> Title i Presides _ <br /> Attest: —_-- <br /> Assistaat Secretary <br />