20. Landlord's Liens. The Tenant agrees and covenants that the whole amount of the rent reserved and hereby agreed to be paid by it and each and every instalment thereof, and the amount of all the water rates, taxes, assessments, levies and other impositions, insurance premiums to be discharged and paid by it and which may be paid by the Landlord under the provisions of this Indenture and all costs, attorneys' fees and expenses which may be incurred by the Landlord in enforcing the provisions of this Indenture, or on account of any delinquency of the Tenant in observing any of the conditions, covenants and stipulations of this Indenture, shall be and they are hereby declared and agreed to be a valid and first lien upon the building or buildings, fixtures, machinery and other improvements which may at any time be situated or located upon the said demised premises and upon the interest of the Tenant in the premises hereby demised. It is agreed, and notice is hereby given and accepted, that no transfer, assignment, sublease, mortgage, judgment, mechanic's or other hen, by or against the Tenant or its interest in the said demised premises, shall in any degree or manner affect the right, title, interest or remedies of the Landlord in or against the said demised premises and in the building or buildings at any time situated thereon, with the fixtures and improvements thereof.
21. Involuntary Transfer. The Tenant agrees and covenants not to permit any transfer by operation of law of the interest in said demised premises acquired through this Indenture, or any other involuntary alienation of the same, prior to the erection, completion and payment of said new building as herein provided, and will not permit its interest in this Indenture to become incumbered (excepting by way of mortgage or deed of trust in the nature of a mortgage in the manner and under the conditions herein expressly provided).
22. Assignment The Tenant further agrees and covenants that it will not assign this Indenture or its interest therein, unless without the previous, express, written consent thereto of the Landlord.
(A) At the time of such assignment the building then standing upon said demised premises shall be in a safe, tenantable and good condition, order and repair, and shall otherwise conform to the requirements and covenants in respect thereof in this Indenture contained;
(B) At such time the Tenant shall not be in arrears of rent, nor in default in the performance or observance of any of the covenants, provisions or conditions of this Indenture;
(C) The assignment shall be made to a reputable and financially responsible person or persons; or to a body corporate, legally, properly and in good faith organized, existing and doing business under the laws of the State of..........or of some State of the United States of America or under Federal Law, duly authorized and licensed to do business in the State of.........., duly authorized and empowered to assume this
Indenture, and all the provisions, obligations and conditions hereof, solvent and having a capital stock fully paid in and wholly unimpaired of not less than..........Dollars;
(D) The assignee or the purchaser, including the purchaser at a foreclosure sale of a mortgage or trust deed as herein provided, at the time of the assignment, shall properly make, execute, deliver and acknowledge a valid and binding deed, directly enforcible by the Tenant, wherein such assignee or purchaser shall assume and agree personally to pay all the rent herein reserved and expressly assume and agree to perform, keep, observe and be bound by all the covenants, provisions and conditions of this Indenture, including these;
(E) Such deed, or a properly executed duplicate thereof, acknowledged in the same manner as other deeds of real estate, shall immediately upon its execution and acknowledgment be filed for record in the office of..............., or other proper office established for such purpose; and,
(F) Either the original or such duplicate together with a rent from the Tenant, it being expressly understood that the Landlord may at any time accept rent and money due upon this Indenture from anyone offering to pay the same without thereby acknowledging the person or persons so paying as the tenant or tenants in place of the Tenant, or without thereby recognizing the claim under which such person or persons shall offer to pay said rent or other money, and without thereby releasing the Tenant from the obligations and covenants in this Indenture.
24. Pledge or Mortgage. It is agreed that whenever the Tenant shall not be in arrears of rent nor in default in the performance or observance of any of the covenants, provisions or conditions of this Indenture, it may mortgage (or convey by deed of trust in the nature of a mortgage), its estate or its interest to secure a bona fide loan or loans of money then actually made, or then actually about to be made to the Tenant, or to extend or renew the same; provided, however, always, that no mortgagee or trustee, nor anyone who claims by, through or under such mortgage or deed of trust in the nature of a mortgage shall by virtue of such mortgage or deed of trust acquire any greater or more extended rights than the Tenant has under this Indenture, and, provided further, that any such mortgage or deed of trust and the rights and interest of the mortgagee or trustee, and of all persons who claim by, or through or under such mortgage or deed of trust, shall be in every respect subject, subservient and subordinate to all the conditions, provisions, stipulations, requirements, covenants and obligations of this Indenture, and the rights, powers and privileges of the Landlord thereunder, as well as in respect of any building or improvements from time to time upon said premises or otherwise; and provided further, that no person acquiring title to the leasehold estate or interest, or any part thereof, created by, under or through this Indenture, shall assign or transfer the same otherwise than as under the conditions and mode herein expressly permitted to the Tenant. The Tenant agrees and covenants that, excepting as aforesaid and under the conditions aforesaid, and excepting for the purpose aforesaid, it will not mortgage or encumber this Indenture, or its interest acquired thereunder.