T. SISTERS
LEASING LLC
LEASE OF PERSONAL PROPERTY
, hereinafter called Lessor, hereby leases to XXXXXXXX CONSTRUCTION
COMPANY________________________________________, hereinafter called Lessee,
and Lessee hereby leases and hires from the Lessor that certain personal
property, hereinafter more particularly described, subject to the terms,
provisions, conditions and agreements of this Lease hereinafter set
forth.
The personal property hereby leased (hereinafter called said property)
receipt of which in good condition is hereby acknowledged by Lessee is
described as follows, to-wit:
MAKE MODEL SERIAL NUMBER
SAMSUNG SE 350 EXCAVATOR UNIT 988 XXX 1185
4956.34
359.33 7.25%
5316.67
Said property will be located at ___ODESSA, TEXAS_, and will not be moved
to a new location except upon written notice first given to Lessor.
Said property is hereby leased for a period of _____SIXTY (60)__________
months
beginning on the ______4____ day of _____APRIL_____________________, 1998____.
Lessee hereby promises to pay to Lessor as follows:
Five Thousand Three Hundred Fifteen & 67/100
_________ ($__5315.67______) on ___April 4, 1998______
and _FIFTY-NINE (59)___ equal successive __MONTHLY__ installments of _FIVE
THOUSAND THREE HUNDRED FIFTEEN & 67 100_ Dollars ($_5315.67______)
beginning on _MAY 4, 1998_
___________________, 19 _______ and _ENDING APRIL 4, 2003_________
1. Time is of the essence of this Lease. This instrument constitutes the
entire agreement between Lessor and Lessee. Whenever the context of this
Lease requires, the masculine gender includes the feminine or neuter, and
the singular number includes the plural; and whenever the word Lessor is
used herein, it shall include all assignees of Lessor. If there be more
than one Lessee named in this Lease the liability of each shall be joint
and several. 2. No title or right in said property shall pass to Lessee
except the Lease rights herein expressly granted. Plates or other markings
may be affixed to or placed on said property indicating that Lessor (or
assignee) is the owner thereof and Lessee will not remove the same. Upon
the termination of the lease period, Lessee will immediately return said
property to Lessor in as good condition as received less normal wear, tear,
and depreciation. Said property shall always remain and be deemed personal
property even though attached to realty. All replacements, equipment,
repairs or accessories made to or placed in or upon said property shall
become a component part thereof and title thereto shall be immediately
vested in Lessor and shall be included under the terms hereof. All advances
made by Lessor to preserve said property to or pay insurance premiums for
insurance thereon or to discharge and pay any taxes, liens or encumbrances
thereon shall be added to the unpaid balance of rentals due hereunder and
shall be repayable by Lessee to Lessor immediately together with interest
thereon at the rate of seven per cent (7%) per annum until paid.
3. It is understood that Lessor contemplates assigning this Lease and said
property and that such assignee may assign same. All rights of Lessor
hereunder shall be succeeded to by any assignee hereof and said assignes
title to this Lease, to the rental herein provided for to be paid and in
and to said property shall be free from all defenses, setoffs or
counterclaims of any kind or character which Lessee may be entitled to
assert against Lessor; it being understood and agreed that any assignee of
Lessor does not assume any obligations of the Lessor herein named. It is
further understood and agreed, however, that Lessee may separately claim
against Lessor as to any matters which Lessee may be entitled to assert
against Lessor.
4. Lessee assumes the entire risk of loss from hazard and agrees
to keep the property insured to protect all interests of Lessor, at
Lessees expense, and for such risks and in such amounts as Lessor may
require, including the liability of Lessor for public liability and
property damage; and Lessor may, but shall not be obligated to, insure
said property at the expense of Lessee. Said insurance policies and
the proceeds therefrom shall be the sole property of Lessor and Lessor
shall be named as an insured in all said policies. The proceeds of
such insurance, whether resulting from loss or damage or return
premium, or otherwise, shall be applied toward the replacement or
repair of the said property or the payment of obligations of Lessee
hereunder at the option of the Lessor. Lessee hereby appoints Lessor
as Lessees attorney-in-fact to make claims for, receive payment of
and execute or endorse all documents, checks or drafts for loss or
damage or return premium under any insurance policy issued on said
property.
5. Lessee agrees to use, operate and maintain said property in accordance
with all laws, and not to sublet the same; to pay all licensing or
registration fees for said property and to keep the same free of levies,
liens and encumbrances; to pay all taxes levied on or in relation to said
property; to permit Lessor to inspect said property at any time; and to
keep it in first-class condition and repair and house the same in suitable
shelter; and not to sell or otherwise dispose of his interest therein or in
any equipment or accessories attached thereto. Said property will not be
removed from the State of Texas without the written consent of the Lessor,
and Lessee will immediately inform Lessor if the property is permanently
moved in this State to a location other than the above stated.
6. If any of the installments of rent provided for herein are not paid with
ten (10) days after the due date thereof, Lessee will pay to Lessor
reasonable collection costs, including charges of any collection agency or
service employed by Lessor to collect said rents. In the event Lessor
employs the services of an attorney to enforce any of the terms of this
Lease, Lessee agrees to pay reasonable attorney fees and court costs so
incurred by Lessor.
7. No delay or omission to exercise any right, power or remedy accruing to
Lessor upon any breach or default by Lessee under this Lease shall impair
any such right, power or remedy of Lessor, nor shall be construed as a
waiver of any such breach or default, or of any similar breach or default
thereafter occurring; nor shall any waiver of a single breach or default be
deemed a waiver of any subsequent breach or default. All waivers under this
Lease must be in writing. All remedies either under this Lease or by law
afforded to Lessor shall be cumulative and not
alternate.
8. Lessee agrees to and does hereby indemnify and hold Lessor harmless of,
from and against all claims, costs, expenses, damages and liabilities,
including reasonable attorney fees resulting from or pertaining to the use
or operation of the property during the term of this agreement and while
said property is in possession of the Lessee.
9. If Lessee shall fail to pay any rental as herein provided when the same
is due and payable, or if Lessee shall default in performance or shall fail
to observe, keep or perform any other provision of this Lease required to
be observed, kept, or performed by Lessee, then in such event Lessor, at
its sole option, and in addition to and without prejudice to any other
remedies, may terminate this Lease and/or enter upon Lessees premises and
without any court order or other process of law may repossess and move said
property either with or without notice to Lessee. Any such repossession
shall not constitute a termination of this Lease unless Lessor so notifies
Lessee in writing, and Lessor has the right, at its sole option,
(a) To lease said property to any other person or persons upon
such terms and conditions as Lessor shall determine, or,
(b) To sell said property to the highest bidder at public auction
in accordance with the pledge laws of the State of Texas at which sale
the Lessor may be the purchaser.
In either of such events, there shall be due from Lessee and Lessee will
immediately pay to Lessor the difference between the total of rentals to be
received from any third person or the purchase price at said sale as the
case may be and the total unpaid rental provided to be paid therein, plus
all costs and expenses of Lessor in repossessing, releasing, transporting,
repairing, selling or otherwise handling said property; in the event that
such releasing or selling results in a surplus, such surplus shall be paid
to Lessee.
10. For the purpose of this Agreement any notices required to be given
shall be given to the parties hereto in writing and by mail at the
addresses hereinafter set forth after the signature of each party, or to
such other addresses as each party may substitute by notice to the other;
if this Lease be assigned by Lessor, the address of the assignee shall be
as indicated in the instrument of assignment. 11. In consideration of the
mutual covenants contained herein, Lessee is hereby granted the option to
obtain a new one (1) year lease at an annual rental of
______________________________________ Dollars ($________________). Said
option may be exercised by Lessee by written notice to that effect to
Lessor, which notice shall be accompanied by payment of the entire annual
rental above described, and which shall be delivered to Lessor no less than
ninety (90) days before the expiration of the term hereof. Said new one (1)
year term and any succeeding one (1) year term, shall carry an identical
option hereto, and except for the amount of rental, each new lease shall be
subject to provisions and conditions identical with those of this lease.
The rental payable for each new lease shall be that specified in this
Paragraph 11 as payable for the first new lease. Notwithstanding anything
provided in this Paragraph, in no event shall Lessee have the power or
option to obtain more than _______________________________ successive new
leases hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Lease this
_________ day of ___________________________, 19________
T. SISTERS LEASING LLC ___HOLLOMAN CONSTRUCTION COMPANY__
By ___/s/_Teresa McCoy________________ By __/s/_Mark E. Stevenson_____
(Lessor)
-----------------------------------------------------------------------------
By_____________________________________ By___________________
(Lessor) (Lessee)
_________________________________________________
_________________________________________________
Mail Address
ASSIGNMENT OF LEASE
For value received, undersigned does hereby sell, assign, transfer and set
over to: (hereinafter called Bank, the address of which for purpose of
notices pursuant to this instrument is __________________________________)
that certain"Lease Agreement" dated _____________________________,
19_______ entered into by and between undersigned, therein called the
"Lessor" and ______________________________________________ therein called
the "Lessee", together with the property subject thereto, and all rentals
and other sums due and to become due thereunder.
Undersigned hereby guarantees due and punctual payment of all rentals and
of all other sums due or to become due on or under the aforesaid lease
agreement, and does hereby consent that, without further notice and without
releasing the liability of undersigned, Bank may, at its discretion, give
grace or indulgence in the collection of the same, and grant extensions of
time for the payment of the same before, at or after maturity. Upon any
default by the said Lessee undersigned will upon demand repurchase the said
lease agreement and the property covered thereby by paying to Bank the
title to the property subject to said lease agreement, and to the rental
payments and other sums due thereon and thereunder are hereby vested in
Bank; that the said lease agreement is genuine; that the said Lessee has
capacity to contract; that undersigned has the right to make this
assignment and that said rental property and rental payments and other sums
are free from liens, encumbrances, claims and setoffs of every kind
whatsoever, and that as of the date hereof, the unpaid balance of rental
payments specified in said lease is
________________________________________________ Dollars
($_______________), and the next payment is due thereunder on the
__________________________ day of _________________________, 19________.
Undersigned hereby waives (a) the right, if any, to the benefit of, or to direct
the application of, any security hypothecated to Bank until all indebtedness of
the said Lessee to Bank, howsoever arising, shall have been paid, and (b) the
right to require Bank to proceed against the said Lessee, or to pursue any other
remedy in the Banks power; and agrees that Bank may proceed against undersigned
directly or independently of the said lease, and that the cessation of the
liability of the said Lessee for any reason other than full payment, or any
extension, forbearance or acceptance, release, or substitution of security or
any impairment or suspension of Bank's remedies or rights against the said
Lessee shall not in any way affect the Liability of undersigned hereunder. Bank
does not assume any of the obligations arising under said lease agreement, and
undersigned does hereby covenant and agree to keep and perform all of the
obligation of the"Lessor" under said lease agreement and to save Bank harmless
from the consequences of any failure to do so.
DATED_________________________, 19______ T. SISTERS LEASING, LLC
By_____________________________________________
________________________________________________
09/02 `90 20:21 NO.782 14/14
COMMERCIAL LEASE
Preamble - Parties and Premise
XXX XXXX, referred to in this lease as "Lessor, hereby leases to
XXXXXXXX CONST. CO., referred to in this lease as "Lessee," those certain
premises, referred to as "the premises," and located at WEST HI WAY 80 ODESSA,
ECTOR, TX..
The parties agree to be legally bound as follows:
Term
The term of this lease shall be for the period of years commencing at
1.2u01 A.M. on the I day of APRIL 1, 1992, and ending at 12:01 A.M. 5 years
later, unless sooner terminated as herein provided.
Rent
Lessee agrees to pay to Lessor as rent for the use and occupancy of
the premises the sum of $1500 per month payable on the day 5 of each and every
month commencing with APRIL 1, 1992, at the office of Lessor or such other place
or places as Lessor may from time to time designate by written notice given to
Lessee.
Extended Term
Should Lessee fully and faithfully perform all the terms and
conditions of this lease tar the lull term specified, Lessee may extend this
lease for a further term of 5 year(s), commencing on expiration of the full term
specified in this lease, by giving Lessor written notice of Lessee's desire to
so do at least 60 days prior to expiration of the original term of this lease.
Rent during Extended Term
Should this lease be extended as provided for above, the rent during
such period of extension shall be equal to the rent specified in this lease for
the initial period adjusted by adding to that amount the sum of $ONLY THE AMOUNT
OF ANY TAX INCREASE per month.
Hold Over
Should Lessee hold over and continue in possession of the premises
after expiration of the term of this lease or any extension thereof, Lessee's
continued occupancy of the premises shall be considered a month-to-month tenancy
subject to all the terms and conditions of this 1ease.
Lessor's Inability to Deliver Possession
Should Lesson for any reason be unable to deliver possession of the
premises to Lessee on the date specified in this lease as the date on which the
term of this lease is to commence, this lease shall not be void or voidable nor
shall Lessor be liable to Lessee for any loss or damage resulting from such
failure to deliver possession to Lessee so long as Lessor has exercised, and
continues to exercise, reasonable diligence to deliver possession of the
premises to Lessee. No rent shall however, accrue or become due from Lessee to
Lessor under' this lease until the actual physical poss~5St~fl Of the premises
is delivered, or' the right to actual unrestricted physical possession of the
premises under this lease is tendered by Lessor to Lessee. Furthermore, the term
of this lease shall not be extended by Lesson's inability to deliver possession
of the premises to Lessee on the date specified in this lease.
Use of Premises
The premises shall be used for a CONSTRUCTION OFFICE by Lessee and for
no other use or uses without the express written consent of Lessor.
Prohibited Uses
Lessee shall not commit or permit the commission of any acts on the
premises nor use or permit the use of the premises in any way that:
(a) will increase the existing rates for or cause cancellation of any
fire, casualty, liability or other insurance policy insuring the premises or the
contents;
(b) violates or conflicts with any law, statute ordinance, or
governmental rule or regulation, whether now in force or hereafter enacted,
governing the premises;
(c) obstructs or interferes with the rights of neighbors or injures or
annoys them; or
(d) constitutes the commission of waste on the premises or the
commission or' maintenance of a nuisance.
Alterations
Lessee shall not make or permit any other person to make any
alterat~on5 to the premises without the prior written consent of Lessor. Should
Lessor consent to the making of any alterations to the premises by Lessee the
alterations shall be made at the sole cost and expense of Lessee by a contractor
or other person selected by Lessee and approved in writing before work commences
by Lessor. Any and all alterations, additions, or Improvements made to the
premises shall on expiration or sooner termination of this lease become the
property of Lessor and remain on the premises; provided, however, that on
expiration or sooner termination of this lease and written demand being given by
Lessor, Lessee shall at Lessee's sole cost and expense remove all alterations,
additions, and improvements made to the premises by Lessee and pay all costs of
repairing any damages to the premises caused by their removal.
Maintenance and Repairs
Lessee admits, by entering into possession under this lease, that the
premises are now in a good, clean, and safe condition and repair. Lessee shall,
at all times during the term of this lease and any renewal or extension thereof,
maintain, at Lessee's sole cost and expense, the premises, and every part of the
premises, in a good, clean, and safe condition, and shall on expiration or
sooner termination of this lease surrender the premises to Lessor in as good
condition and repair as they are' in on the date of this lease, reasonable wear
and tear and damage by the elements excepted. Lessee hereby waives any right to
make repairs to the premises at the expense of Lessor as provided by any law on
statute now or hereafter enacted.
Inspection by Lessor
Lessee shall permit Lessor or Lessor's agents, representatives, or
employees to enter the premises at all reasonable times for the purpose of
inspecting the premises to determine whether Lessee is complying with the terms
of this lease and for the purpose of doing other lawful acts that may be
necessary to protect interest in the premises under this lease.
Payment of Utility Charges
Lessee shall pay, and hold Lessor and the property of Lessor free and
harmless from, all charges for the furnishing of gas, water, electricity,
telephone service, and other public utilities to the premises during the term of
this lease or any extension thereof and far the removal of garbage and rubbish
from the premises during the term of this tease or any extensions thereof.
Personal Property Taxes
Lessee shall pay before they become delinquent alt taxes, assessments,
or other charges levied or imposed by any governmental entity on the furniture,
trade fixtures, appliances, and other personal property placed by Lessee in, on,
or about the premises including, without limiting the generality of the other
terms used in this section, any shelves, counters, vaults, vault doors, wall
safes, partitions, fixtures, machinery, plant equipment, office equipment,
television or radio antennas, or communication equipment brought or, the
premises by Lessee.
Real Property Taxes
All real property taxes and assessments levied or assessed against the
premises by any governmental entity, including any special assessments imposed
on or against the premises for the construction or improvement of public works
in, or, or about the premises, shell be paid, before they become delinquent, by
Lessor; provided, however, Lessee shall conduct no activity or the premises nor
place any articles on the premises that will increase the real property taxes
levied or assessed against the premises.
Destruction of Premises
Should the premises or the Building of which they are a part be damaged
or destroyed by any cause not the fault at Lessee, Lessor shall at
Lessor's sole cost and expense promptly repair the same and the rent
payable under this tease shall be abated for thy time and to the extent
Lessee is prevented from the premises in their entirety; provided,
however, that should the cost of repairing the damage or destruction
exceed 25 percent of the full replacement cost of the premises or the
building of which the premises are a part, Lessor may, in lieu of
making the repairs required by this paragraph, terminate this lease by
giving Lessee 90 days written notice of such termination.
Condemnation of Premises
Should all or any part of the premises be taken by any public or
quasi-public agency or entity under the power of eminent domain during the term
of this lease:
(a) either Lessor or Lessee may terminate this lease by giving the
other 90 days written notice of termination provided, however, that Lessee
cannot terminate this lease unless the portion of the premises taken by eminent
domain is so extensive as to render the remainder of the premises useless for
the uses permitted by this lease;
b) any and all damages and compensation awarded or paid because of the
taking, except for amounts paid Lessee for moving expenses or for damage to any
personal property or trade fixtures owned by Lessee, shall belong to Lessor, and
Lessee shall have no claim against Lessor or the entity exercising eminent
domain power for the value of the unexpired term of this leases
c) should only a portion of the premises be taken by eminent domain
and neither Lessor nor Lessee terminates this lease, the rent thereafter payable
under this least shall be reduced by the same percentage that the floor area at
the portion taken by eminent domain bears to the floor are; of the entire
premises; and
d) should any portion of the building containing the premises other
than the premises be taken by eminent domain, Lessor may, at his option,
terminate this lease.
Assignment or Subleasing
Lessee may encumber, assign, or otherwise transfer this binge, any
right or interest in this lease, or any right or interest in the premises with
the prior express written consent at Lessor. Lessee may sublet the premises or
any part thereat or allow any other persons, including lessee's agents and
servants, to occupy or use the premises or any part thereof with the prior
written consent of Lessor. A consent by Lessor to one assignment, subletting, a"
occupation and use by another person shall not he deemed to be a consent to any
subsequent assignment, subletting, or occupation and use by another person. The
consent of Lessor to any assignment of Lessee's interest in this lease or the
subletting by Lessee of the premises shall not be unreasonably withheld.
Indemnity
Lessee shall indemnify and hold Lessor and the property of Lessor,
including the premises, free and harmless from any and all liability, claims,
lost, damages or expenses, including counsel fees and costs, arising by reason
of the death or injury of any person, including Lessee or any person who is an
employee or agent of Lessee, or by reason of damage to or destruction of any
property, including property owned by Lessee or any person who is an employee or
agent of Lessee, caused or allegedly caused by:
(a) any cause whatsoever while such person or property is in or on the
premises or in any way connected with the premises or with any personal property
on the premises;
(b) some condition at the premises;
Cc) some act or omission on the premises of tresses or any person in,
an, or about the premises with the permission of Lessee; or
1/2) any matter connected with Lessee's occupation and use of the
premises.
Liability Insurance
Lessee shall, at its own cost and expense, secure within 10 days and
maintain during the entire term of this lease and any renewals or extensions of
such term a broad form comprehensive coverage policy of public liability
insurance issued by an insurance company acceptable to Lessor and insuring
Lessor against lost or liability caused by or connected with Lessees occupation
end use of the premises under this lease in amounts not lass than:
a) $100000 for injury to or death of one person and, subject to such
limitation for injury to or death of one person, of not less than $1,000,000 for
injury to or death of two or more persons as a result of any one accident or
incident; and
b) $NONE for damage to or destruction of any property of others.
Unremoved Trade Fixtures
Any trade fixtures that are not removed from the premises by Lessee 70
days after this lease's expiration or sooner termination, regardless of cause,
shall be deemed abandoned by Lessee and shall automatically become the property
of Lessor as owner of the real property to
which they are affixed.
Acts Constituting Breaches by Lessee
Lessee shall be guilty of a material default and breach of this lease
should:
(a) any rent be unpaid when due and remain unpaid for 30 days after
written notice to pay such rent or surrender possession of the premises has been
given to Lessee by Lessor;
(b) Lessee default in the performance of or breach any provision,
covenant, or condition of this lease other than one for the payment of rent and
such default or breach is not cured within 30 days after written notice thereof
is given by Lessor to Lessee;
c) Lessee breach this lease and abandon the premises before expiration
of the term of this lease;
d) a receiver be appointed to take possession of all or substantially
all of Lessee's property and not he discharged within 20 days after his or her
appointment;
e) Lessee make a general assignment for the benefit of creditors; or
(f) execution or attachment be levied on all or substantially all of
Lessee's property and assets and not be discharged within 20 days.
Lessor's Remedies for Lessees Default
Should Lessee be guilty of a material default and breach of this lease
as defined in this lease, Lessor, in addition to any other remedies given Lessor
by law or equity, may:
(a) continue this lease in effect by not terminating Lessee's right to
possession of the premises and thereby he entitled to enforce all Lessors right
to recover the rent specified in this lease as it becomes due under this lease;
(b) terminate Lessee's right to possession of the premises, thereby
terminating this lease, and recover from Lessee;
(1) the worth at time of award of the unpaid rent which had
been earned at the time of termination of the lease;
(2) the worth at the time of award of the amount by which the
unpaid rent which would have been
earned after termination at the lease until the time of award exceeds
the amount of rental lose that Lessee proves could have been
reasonably avoided;
(3) the worth at the time of award of the amount by
which the unpaid rent for the balance of the term after the time of
award exceeds the amount of rental loss that Lessee proves could be
reasonably avoided; and
(4) any other amount necessary to compensate Lessor
tar all detriment proximately caused by Lessee's failure to perform
Lessee's obligations under this lease; or
(c) in lieu of, or in addition to, bringing an action for any
or all of the recoveries described in this lease, bring en action to
recover and regain possession of the premises in the manner provided
by the laws of TX..
Waiver of Breach
The waiver by Lessor of any breach by Lessee of any of the
provisions of this lease shall not constitute a continuing waiver or a
waiver of any subsequent breach by Lessee either of the same or
another provision of this lease.
Force Majeure -- Unavoidable Delays
Should the performance of any act required by this lease to
be performed by either Lessor or Lessee be prevented or delayed by
reason of an act of God, strike, lockout, labor troubles, inability to
secure materials, restrictive governmental laws or regulations, or any
other cause, except financial inability, not the fault of the party
required to perform the act, the time for performance of the act will
be extended tar a period equivalent to the period of delay and
performance of the act during the period of delay will be excused;
provided, however, that nothing contained in this section shall excuse
the prompt payment of rent by Lessee as required by this lease or the
performance of any act rendered difficult solely because of the
financial condition of the party, Lessor or Lessee required to perform
the act.
Arbitration
Any dispute relating to the interpretation or performance of
this Agreement shall be required at the request of either
party through binding arbitration in accordance with the
rules of either the American Arbitration Association of
Texas. Judgement at any award determined by the arbitrators
may be entered in the appropriate court having jurisdiction.
Notices
Except as otherwise expressly provided by law, any and all notices or
other communications required or permitted by this lease or by law to be served
on or given to either party hereto by the other party hereto shall be in writing
and shall be deemed duly served and given when personally delivered to (any
member of) the party to whom they are directed, or in lieu of such personal
service when deposited in the United States mail, first--class postage prepaid,
addressed to Lessee at XXX 00000 XXXXXX, XX 00000, or to Lessor at 0000 XXXXXX
XXXXX XXXX XXXXXX,XX 00000. Either party, Lessee or Lessor, may change this
address for the purpose of this section by giving written notice of such change
to the other party in the manner provided in this section.
Binding on Heirs and Successors
This lease shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors, and assigns of the parties hereto,
Lessor and Lessee, but nothing in this section contained shall be construed as a
consent by Lessor to any assignment at this lease or any interest therein by
Lessee.
Partial Invalidity
Should any provision of this lease be held by a court of competent
Jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this lease shall, remain in full force and effect unimpaired by
the holding.
Sole and Only Agreement
This instrument constitutes the sole and only agreement between Lessor
and Lessee respecting the premises, the leasing of the premises to Lessee, or
the lease term herein specified, and correctly sets forth the obligations of
Lessor and Lessee to each other as of this date. Any agreements or
representations respecting the premises or their leasing by Lessor or Lessee not
expressly set forth in this instrument are void. * Refer to Attachment to
Commercial Lease date January 21, 1992.
Time of Essence
Time is expressly declared to be the essence of this lease.
EXECUTED on January 21, 1991, at ODESSA, TX..
Lessor
/S/ Xxx Xxxx
Xxx Xxxx
Lessee
Xxxxxxxx Const. Co
/S/ Xxx Xxxxxxxx
Xxx Xxxxxxxx
Xxxxx
TX.
On _____________________, ______________, before me, personally appeard Xxx
Xxx Xxxx, known to me or proved to me to be the person whose name is subscribed
to the within document and acknowledged to me that he or she executed the same.
(seal)
____________/S/________
Notary Public for TX.
Ector
TX.
On _____________________, ______________, before me, personally appeard Xxx
Xxx Xxxx, known to me or proved to me to be the person whose name is subscribed
to the within document and acknowledged to me that he or she executed the same.
(seal)
____________/S/________
Notary Public for TX.
ATTACHMENT TO COMMERCIAL LEASE
BETWEEN XXX XXXX AND XXXXXXXX CONSTRUCTION CO.
dated January 2l, 1992
Both parties heroin agree to the following:
1. Xxx Xxxx, lessor, shall be responsible for any and all claims
involving the clean--up and/or disposal of any hazardous
waste, materials, and/or products that are present and
existing on the surface and/or soil at the lease site as of
the closing date of this lease, April 1, 1992.
2. Xxxxxxxx Construction Co., lessee, shall be responsible for
any and all claims involving the clean--up and/or disposal of
any hazardous waste, materials and/or products that exist on
the surface and/or soil at the lease site after closing date
of this lease, April 1, 1992, and until further termination of
this lease.
3. Xxx Xxxx, lessor, gives Xxxxxxxx Construction Co., lessee, the
right to construct offices, work areas, and general
improvements within the lease site location. Xxxxxxxx
Construction Co. shall be liable for the cost of these
improvements.
