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A TRUE COPY <br />CFRTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />ARTICLE 16 <br />DEFAULT, REMEDIES <br />Section 16.1. Defaults by LESSEE, Remedies. <br />(a) Default in uavment of Rent. Should LESSEE fail to pay to LESSOR any installment of rent <br />when due, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such <br />default or surrender possession of the Premises to LESSOR within seven (7) days, after written notice <br />of the Default is served on LESSEE. <br />(b) Defaults Other than Rent. Should LESSEE fail to perform or comply with any of its <br />obligations, covenants, conditions, agreements, or assurances, other than payment of rent, LESSEE <br />shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender <br />possession of the Premises to LESSOR within thirty (30) days after written notice of the Default is <br />served upon the LESSEE. <br />(c) Abandonment. Should the LESSEE abandon the Premises, whether such abandonment is <br />actually known to LESSOR or presumed, the Lessee shall be deemed in default of the LEASE. <br />Absent actual knowledge by LESSOR of abandonment of the Premises, abandonment shall be <br />presumed when: (1) LESSEE has been absent from the Premises for a Period of thirty (30) <br />consecutive days; (2) LESSEE has not notified LESSOR in writing of the absence being intended; <br />(3) the rent is not current; and (4) ninety (90) days have elapsed since service of a written notice on <br />LESSEE of the default and LESSOR's intent to retake possession. <br />(d) Right of Possession on Default. LESSOR may retake possession of the Premises without <br />judicial action upon surrender or abandonment of the Premises by LESSEE. Should Lessee fail to <br />cure a default under the LEASE, or in the alternative to surrender or abandon possession of the <br />Premises within the time provided, LESSOR shall have the right to recover possession of the Premises <br />Page 36 of 41 <br />