Preview
FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022
L E A S E .
This AGREEMENT, dated t e day of 1977,
between JAMES FRONTERO, presently residing of 13 Valley Road,
Bayville, Nassau County, New York (hereinafter called "Lessor")
and D.V.K. REALTY, INC., a New York Corporation, with offices
at 500 Old Country Road, Westbury, Nassau County, New York
(hereinafter called the "Lessee").
,, W I T N E S S E T H :
1. Lessor hereby leases to Lesseet and Lessee hereby
leases from Lessor, the following descr bed land, situated on
the east side of Pine Hollow Road (N.Y. State Rte. 106) south
of Locust Street in Oyster Bay, County f Nassau, State of New .
York:
BEGINEENG at the point formed by the intersection
of the southerly side of X.ocust Street (Pine Drive)
with the easterly side of Pine Hollow Road, thence
southerly along the easterly side of Pine Hollow Road
a distance of 791.50 feet to the point or place of
beginning; thence north 83 degrees 4 minutes 30 seconds r
east 120.00 feet, thence soixth 1 degree 12 minutes 33
seconds east 174.85 feet; thence south $3 degrees 4
minutes 30 seconds west 120.00 feet to the easterly
side of Pine Hollow Road; thence northerly along the
easterly side of Pine Hollow Road north 3 degrees 58
minutes 21 seconds west 37.82 feet thence along a
curve whose radius is 1113.92 feet and length 137.18
feet, to the point or place of beginning.
together with all of Lessor's equip-
buildings, improvements,
annt and other property now or hereafter located thereon, and
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which, together with said land, are herein called
collectively
"the premises".
2. The term of this lease shall begin on the / day
.of 197f, and shall end on the J/ of
day
198J. The Lessee shall have the option to extend the term of
this lease for two (2) additional peribds of five (5) years,
on the same covenants and conditions as herein ex-
provided,
cept for the payment of rent as hereinafter specified, each
.of which options Lessee may exercise by giving Lessor notice
at least forty-five (45) days prior to the expiration -
of the
original term or the then-current extension as the
period,
case may be. If Lessee does not exercise its then-current
option to extend, the term shall be automatically extended
from year to year, on the same covenatats and conditions as
herein provided, unless and until. either Lessor or Lessee-
terminates this lease at the end of the original term or the
then-current extension period or any subsequent year, by
giving the other at least -(30)- days.'
thirty notice.
3. Lessee shall pay as rent for each calendar month
during the initial cerm of this the sum of Seven
lease,
Hundred -Dollars ($700.00) per month check to the
by order of
JAMES FR0trfERO, in advance on or before the first of
day
each such month. Rent for any period less than a calendar
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month shall be pro-rated. Lessor shall have the at
right, its
own expense, to use the premises for the operation of a gasoline
service station and automobile repair and
shop any other lawful
use provided, however, that other use made of
any the premises
shall not impair, void or otherwise
suspend, make unlawful the
use of the premises as a gasoline service station and automobile
repair shop under the Ordinances:of the Town of
. Oyster Bay.
Any activity by Lessee or its assigns,on the demised premises
which would, in the Lessor's sole judgment, endanger the Special
Use Permit granted by the Ibun of Oyster Bay allowing the olier-
ation of a gasoline service station on the premises, shall be
wi/ess,a¿fhinten&c)days Leseeares seek &eacA
deemed a material breach of this agreementeentitling Lessor to
recover the immediate possession of the demised premises herein.
Lessee asy install on the premises equip- '
any improvements and
ment (including advertising that it
signs) may desire providing,
however, that Lessee comply with and all
any rules, regulations,
ordinances and statutes imposed governmental
by agencies which
may relate to such operation.
4. Lessee shall maintain the premises in good condition
and shall make all repairs except of
thereto, a structural
nature. Lessor agrees to make all structural repairs.
Structural, as used herein, is deiemed to mean repairs frame-
to
work, walls, roof and floor only. If Lessor fails to commence
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within ten (10).
structural repairs as specified herein,
any
notice Lessor so to do, or
days after Lessee gives requesting
make such re-
complete the same promptly, Lessee may
fails to ngfy.
or off-set rent accord
cost If the premises are
pairs and charge Lessor the thereoff
unfit for by any damage
rendered wholly or partially occupancy
for reason other than Lessee s t·
or destruction thereof, or if, any
use of the premises is interfered
negli ence, the beneficial
shall abate until the premises are
the rent hereunder
with,
restored to fitness for use and occupancy.
fully
the original term of this lease
5. If at any tims during
eatension Lessor receives from a ready, willing
or any thereof,
an acceptable bona fide offer to purchase,
and able purchaser,
soil to such a purchaser, the
or makes a bona fide offer to
or which includes a11
premises or any part thereof pay property
setting*
the Lessor shall give Lessee notice,
or part of premises,
the purchaser and the price and
forth the name and address of
accompanied Lessor's affidavit that
terms of the offer, and by
faith. Lessee shall thereupon have
the proposed sale is in good
the premises or part thereof or
the prior option to purchase any
'
covered such at the price and on
the entire property by offer,
which option Lessee may exercise by
the terms of the offer,
after Lessee's re-
notice within twenty (20) days
giving Lessor
notice of the offer. TÂssee's failure, at any
cef.pt of Lessor's
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to exercise its option under this "S"
time, paragraph shall
not affect this lease or the continuance of Lessee's rights and
options hereunder.
6. Within twenty (20) days after notice of Lessee's
exercise of any purchase option herein, Lessor shall obtain,
at Lessor's expense, and submit to Lessee evidence of Lessor's
title to the property covered by the e ercised option, for .
examination by Lessee's attorneys (in default whereof Lessee
may obtain the same and charge to Lessor the cost thereof),
and all title opinions, certificates and policies, licenses,
permits and surveys relating thereto that Lessor may possess,
all of which shall become Lesseets property if the sale is
consummated. A11 liens, encumbrances, restrictions and other .
defects in title shall be cleared by Lessor promptly on notice
from Lessee. If title is approved "
by Lessee's attorneys and
all necessary legal permission for the operation on the
premises of an automobile service station, and the.use of the
premises therefor, is in effect,.the sale shall be consummated
without unreasonable delay; and Le'ssor shall convey to Lessee
the property covered by the exercised option, by recordable
deed with general covenants of warranty and, as to any personal
property, by a good and sufficient bill of gale. Taxes for the
current year and rent shall be pro-rated as of the date of
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of such deed. If title is not approved by Lessee's
delivery
attorneys or all such legal permission is not in effect, the
sale shall be consummated or rejected st Lessee's option; sad
Lessee may waive any liens and other encumbrances on the
premises and reduce the purchase.price by the amount thereof.
Evidence of Lesser's title means, at Lessee's option: any
evidence of title that Lessor may possess, a complete abstract
of title, a current certificate of title, an attorney's
opinion as to title, or a report of a title insurance company
and subsequently a title policy fully insuring the interest
Lessee .is to acquire, such abstracter, attorney or title
company to be selected by Lesseei.
7. Lessee shall have the right to sublet the demised
premises and/or to assign this agreement provided that in the
LaS544.
event of such subletting and/or &eseer herein shall
inssignmentg
at all times remain primarily liable for the performance of all
. Lesses s
of the terms and conditions of this agreement on &eesee-'-e part
Lessee..
· w
to be performed. &esses; its successors, or a.asigns shall no
during the demised term suffer the demised premises to be used
or occupied for any business or purpose deemed disreputable or
extra-hasardous be account of fire, under the pensity of
damages and forfeiture, and in the event of a breach thereof,
the term herein shall immediately cease an determine at the
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option of the Lessor as if it were·the expiration of the
original term.
8. That if default be made in any of the covenants herein
upontunayho)dys usH1en nofia to Lasseo.,
contained, then,ic .shall be lawful for the Lessor to re-enter .
the premises, and the same to have again, re-possess and enjoy.
The Lessee hereby expressly waives the service of any notice
in writing of intention to re-enter.
9. If the whole or any part of the demised premises
shall be acquired or condemned by Eminent Domain for any pub-
lic or quasi-public use or purpose, then and in that event,
the term of this lease shall cease and terminate from the ·
date of title vesting in such proceeding and Lessee shall have
no claim against Lessor for the salue of any unexpired term of
this lease. No parc of any award shall belong to the Leases,
the foregoing, it is under-
however, noteithstanding hereby
stood and agreed by and between the Lessor and Lessee that if
any street adjoining the premises herein be closed, relocated,
altered pr improved by any Federal, State or Town governmental
authority or by the exercise of Eminent Domain by any other
governmental agency, apecial district or municipal authority,
thas in such event, the question as to whether such closing,
relocation, alteration or improvement conders the use of the
premises unfit for the operation of an automobile service
:
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determined the Ameyican Arbitration
station shall be by
parties herein agree to abide by the
Association and the
if all or por-
of such in this regard; or any
decision agency
condemned for public or quasi-public
tion of the premises is
Lessee not terminate this lease
use then in such event may
determined the American Arbitration Association
unless it be by
operation of the premises as an automobile
that the use or
service station is impaired or affected.
option periods mentioned herein
10. The rent for the
for the first five (5) year renewal
shs11.be as follows:
Dollars ($750.00) per month and
period, Seven Hundred Fifty
year renewal period, the sum of Eight
for the second five (5)
Hundred Dollars ($850,00).per month.
Fifty
all assessments and
11. Lessee shall pay (a) taxes,
premises which are allocable to the term
other charges on the
the bills for which have been presented to
of this tease and
taxes on Lessee's property on the premises,
Lessee, and (b) all
utilities and other such charges incurred by
and license,
operation on the premises. Lessee shall
Lessee's use of or
right to in its and/or Lessor's name, any
have the contest,
assessment or other charge
of an assessment for any tax,
levy
Lessee's request Lessor shall execute
on the premises; and at
appearances and do such other things
such documents, make such
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connection with the pro-
as Lessee reasonably request in
may
secution of any such contest,
shalt maintain the continuance of this
12. Lessee during
public and property damage insurance covering
lease liability
and Lessor as joint insureds, with limits of not less
Lessee
Thousand Dollars ($50,000.00) for injury or death
than Fifty
person and not less than one Hundred Thousand Dollars
of one
for one and not less than Twenty-Five
($100,000.00) accident,
Dollars for property damage in any one
Thousand ($25,000.00)
accident sustained on the premises and with an insurer of
Lessee's selection whose certificate to the existence of such
insurance Lessee shall furnish Lessor.
shall maintain the con-
Lessee, in addition, during
fire insurance with ex-
tinuance of this lease, a policy of
coverage provisions naming. the Lessor as an additional
tended
sum of Thostsand Dollars ($60,000.00) and
insured in the Sixty
such coverage shall be furnished by
a certificate evidencing
Lessor.Proceeds of such shall 0 used
0
the Lessee to the policy
fat vastovahon of ¾e premises.
seized of and 7-
13. Lessor covenants that Lessor is well
right to lease the will warrant and defend
has good premises,
title and will indemnify Lessee against any
the thereto,
and expense which Lessee may suffer by reason or any
damage
restriction or defect 11 the title to or
lien, encumbrance,
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description herein of the premises. If, at any time, Lessor's
title or right to receive rent hereunder is disputed, or there
is a change of ownership.of Lessor's estate by act of the
parties or operation of law, Lessee may withhold rent thereafter
accruing until Lessee is furnished proof satisfactory to it as
to the party entitled thereto.
14. Notices hereunder shall be given only by registered
letter or telegram and shall be deemed given when the letter
is deposited in the mail or the telegram filed with the tele--
graph postage or' charges and addressed to
company, prepaid,
the party for whom intended at such party's address first herein
specified, or to such other address as may be substituted
therefor by proper notice homeunder.
15, This lease merges and supersedes all prior negoti-
ations, representations and agreements, and constitutes the
entire contract, between Lessor and Lessee concerning the
leasing of the premises and the consideration therefor. This
lease shall be binding on and inur" to the benefit of the
heirs, administrators, executors, successors and assigns of
Lessor, and the successors and assigns of Lessee.
16. This instrument shall not be a lien against said.
premises in respect to any mortgages that are now on or that
hereafter may be placed against said premf,ses, and that the
I
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Preview
FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 L E A S E . This AGREEMENT, dated t e day of 1977, between JAMES FRONTERO, presently residing of 13 Valley Road, Bayville, Nassau County, New York (hereinafter called "Lessor") and D.V.K. REALTY, INC., a New York Corporation, with offices at 500 Old Country Road, Westbury, Nassau County, New York (hereinafter called the "Lessee"). ,, W I T N E S S E T H : 1. Lessor hereby leases to Lesseet and Lessee hereby leases from Lessor, the following descr bed land, situated on the east side of Pine Hollow Road (N.Y. State Rte. 106) south of Locust Street in Oyster Bay, County f Nassau, State of New . York: BEGINEENG at the point formed by the intersection of the southerly side of X.ocust Street (Pine Drive) with the easterly side of Pine Hollow Road, thence southerly along the easterly side of Pine Hollow Road a distance of 791.50 feet to the point or place of beginning; thence north 83 degrees 4 minutes 30 seconds r east 120.00 feet, thence soixth 1 degree 12 minutes 33 seconds east 174.85 feet; thence south $3 degrees 4 minutes 30 seconds west 120.00 feet to the easterly side of Pine Hollow Road; thence northerly along the easterly side of Pine Hollow Road north 3 degrees 58 minutes 21 seconds west 37.82 feet thence along a curve whose radius is 1113.92 feet and length 137.18 feet, to the point or place of beginning. together with all of Lessor's equip- buildings, improvements, annt and other property now or hereafter located thereon, and DVK REALTY LLC - 000017 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 which, together with said land, are herein called collectively "the premises". 2. The term of this lease shall begin on the / day .of 197f, and shall end on the J/ of day 198J. The Lessee shall have the option to extend the term of this lease for two (2) additional peribds of five (5) years, on the same covenants and conditions as herein ex- provided, cept for the payment of rent as hereinafter specified, each .of which options Lessee may exercise by giving Lessor notice at least forty-five (45) days prior to the expiration - of the original term or the then-current extension as the period, case may be. If Lessee does not exercise its then-current option to extend, the term shall be automatically extended from year to year, on the same covenatats and conditions as herein provided, unless and until. either Lessor or Lessee- terminates this lease at the end of the original term or the then-current extension period or any subsequent year, by giving the other at least -(30)- days.' thirty notice. 3. Lessee shall pay as rent for each calendar month during the initial cerm of this the sum of Seven lease, Hundred -Dollars ($700.00) per month check to the by order of JAMES FR0trfERO, in advance on or before the first of day each such month. Rent for any period less than a calendar - 2 - DVK REALTY LLC - 000018 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 month shall be pro-rated. Lessor shall have the at right, its own expense, to use the premises for the operation of a gasoline service station and automobile repair and shop any other lawful use provided, however, that other use made of any the premises shall not impair, void or otherwise suspend, make unlawful the use of the premises as a gasoline service station and automobile repair shop under the Ordinances:of the Town of . Oyster Bay. Any activity by Lessee or its assigns,on the demised premises which would, in the Lessor's sole judgment, endanger the Special Use Permit granted by the Ibun of Oyster Bay allowing the olier- ation of a gasoline service station on the premises, shall be wi/ess,a¿fhinten&c)days Leseeares seek &eacA deemed a material breach of this agreementeentitling Lessor to recover the immediate possession of the demised premises herein. Lessee asy install on the premises equip- ' any improvements and ment (including advertising that it signs) may desire providing, however, that Lessee comply with and all any rules, regulations, ordinances and statutes imposed governmental by agencies which may relate to such operation. 4. Lessee shall maintain the premises in good condition and shall make all repairs except of thereto, a structural nature. Lessor agrees to make all structural repairs. Structural, as used herein, is deiemed to mean repairs frame- to work, walls, roof and floor only. If Lessor fails to commence DVK REALTY LLC - 000019 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 within ten (10). structural repairs as specified herein, any notice Lessor so to do, or days after Lessee gives requesting make such re- complete the same promptly, Lessee may fails to ngfy. or off-set rent accord cost If the premises are pairs and charge Lessor the thereoff unfit for by any damage rendered wholly or partially occupancy for reason other than Lessee s t· or destruction thereof, or if, any use of the premises is interfered negli ence, the beneficial shall abate until the premises are the rent hereunder with, restored to fitness for use and occupancy. fully the original term of this lease 5. If at any tims during eatension Lessor receives from a ready, willing or any thereof, an acceptable bona fide offer to purchase, and able purchaser, soil to such a purchaser, the or makes a bona fide offer to or which includes a11 premises or any part thereof pay property setting* the Lessor shall give Lessee notice, or part of premises, the purchaser and the price and forth the name and address of accompanied Lessor's affidavit that terms of the offer, and by faith. Lessee shall thereupon have the proposed sale is in good the premises or part thereof or the prior option to purchase any ' covered such at the price and on the entire property by offer, which option Lessee may exercise by the terms of the offer, after Lessee's re- notice within twenty (20) days giving Lessor notice of the offer. TÂssee's failure, at any cef.pt of Lessor's - 4 - DVK REALTY LLC - 000020 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 to exercise its option under this "S" time, paragraph shall not affect this lease or the continuance of Lessee's rights and options hereunder. 6. Within twenty (20) days after notice of Lessee's exercise of any purchase option herein, Lessor shall obtain, at Lessor's expense, and submit to Lessee evidence of Lessor's title to the property covered by the e ercised option, for . examination by Lessee's attorneys (in default whereof Lessee may obtain the same and charge to Lessor the cost thereof), and all title opinions, certificates and policies, licenses, permits and surveys relating thereto that Lessor may possess, all of which shall become Lesseets property if the sale is consummated. A11 liens, encumbrances, restrictions and other . defects in title shall be cleared by Lessor promptly on notice from Lessee. If title is approved " by Lessee's attorneys and all necessary legal permission for the operation on the premises of an automobile service station, and the.use of the premises therefor, is in effect,.the sale shall be consummated without unreasonable delay; and Le'ssor shall convey to Lessee the property covered by the exercised option, by recordable deed with general covenants of warranty and, as to any personal property, by a good and sufficient bill of gale. Taxes for the current year and rent shall be pro-rated as of the date of DVK REALTY LLC-000021 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 of such deed. If title is not approved by Lessee's delivery attorneys or all such legal permission is not in effect, the sale shall be consummated or rejected st Lessee's option; sad Lessee may waive any liens and other encumbrances on the premises and reduce the purchase.price by the amount thereof. Evidence of Lesser's title means, at Lessee's option: any evidence of title that Lessor may possess, a complete abstract of title, a current certificate of title, an attorney's opinion as to title, or a report of a title insurance company and subsequently a title policy fully insuring the interest Lessee .is to acquire, such abstracter, attorney or title company to be selected by Lesseei. 7. Lessee shall have the right to sublet the demised premises and/or to assign this agreement provided that in the LaS544. event of such subletting and/or &eseer herein shall inssignmentg at all times remain primarily liable for the performance of all . Lesses s of the terms and conditions of this agreement on &eesee-'-e part Lessee.. · w to be performed. &esses; its successors, or a.asigns shall no during the demised term suffer the demised premises to be used or occupied for any business or purpose deemed disreputable or extra-hasardous be account of fire, under the pensity of damages and forfeiture, and in the event of a breach thereof, the term herein shall immediately cease an determine at the - 6 - . . DVK REALTY LLC- 000022 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 option of the Lessor as if it were·the expiration of the original term. 8. That if default be made in any of the covenants herein upontunayho)dys usH1en nofia to Lasseo., contained, then,ic .shall be lawful for the Lessor to re-enter . the premises, and the same to have again, re-possess and enjoy. The Lessee hereby expressly waives the service of any notice in writing of intention to re-enter. 9. If the whole or any part of the demised premises shall be acquired or condemned by Eminent Domain for any pub- lic or quasi-public use or purpose, then and in that event, the term of this lease shall cease and terminate from the · date of title vesting in such proceeding and Lessee shall have no claim against Lessor for the salue of any unexpired term of this lease. No parc of any award shall belong to the Leases, the foregoing, it is under- however, noteithstanding hereby stood and agreed by and between the Lessor and Lessee that if any street adjoining the premises herein be closed, relocated, altered pr improved by any Federal, State or Town governmental authority or by the exercise of Eminent Domain by any other governmental agency, apecial district or municipal authority, thas in such event, the question as to whether such closing, relocation, alteration or improvement conders the use of the premises unfit for the operation of an automobile service : - 7 - DVK REALTY LLC - 000023 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 determined the Ameyican Arbitration station shall be by parties herein agree to abide by the Association and the if all or por- of such in this regard; or any decision agency condemned for public or quasi-public tion of the premises is Lessee not terminate this lease use then in such event may determined the American Arbitration Association unless it be by operation of the premises as an automobile that the use or service station is impaired or affected. option periods mentioned herein 10. The rent for the for the first five (5) year renewal shs11.be as follows: Dollars ($750.00) per month and period, Seven Hundred Fifty year renewal period, the sum of Eight for the second five (5) Hundred Dollars ($850,00).per month. Fifty all assessments and 11. Lessee shall pay (a) taxes, premises which are allocable to the term other charges on the the bills for which have been presented to of this tease and taxes on Lessee's property on the premises, Lessee, and (b) all utilities and other such charges incurred by and license, operation on the premises. Lessee shall Lessee's use of or right to in its and/or Lessor's name, any have the contest, assessment or other charge of an assessment for any tax, levy Lessee's request Lessor shall execute on the premises; and at appearances and do such other things such documents, make such . 8 - I DVK REALTY LLC-000024 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 connection with the pro- as Lessee reasonably request in may secution of any such contest, shalt maintain the continuance of this 12. Lessee during public and property damage insurance covering lease liability and Lessor as joint insureds, with limits of not less Lessee Thousand Dollars ($50,000.00) for injury or death than Fifty person and not less than one Hundred Thousand Dollars of one for one and not less than Twenty-Five ($100,000.00) accident, Dollars for property damage in any one Thousand ($25,000.00) accident sustained on the premises and with an insurer of Lessee's selection whose certificate to the existence of such insurance Lessee shall furnish Lessor. shall maintain the con- Lessee, in addition, during fire insurance with ex- tinuance of this lease, a policy of coverage provisions naming. the Lessor as an additional tended sum of Thostsand Dollars ($60,000.00) and insured in the Sixty such coverage shall be furnished by a certificate evidencing Lessor.Proceeds of such shall 0 used 0 the Lessee to the policy fat vastovahon of ¾e premises. seized of and 7- 13. Lessor covenants that Lessor is well right to lease the will warrant and defend has good premises, title and will indemnify Lessee against any the thereto, and expense which Lessee may suffer by reason or any damage restriction or defect 11 the title to or lien, encumbrance, - 9 . DVK REALTY LLC - 000025 FILED: NASSAU COUNTY CLERK 06/02/2022 01:59 PM INDEX NO. 617063/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/02/2022 description herein of the premises. If, at any time, Lessor's title or right to receive rent hereunder is disputed, or there is a change of ownership.of Lessor's estate by act of the parties or operation of law, Lessee may withhold rent thereafter accruing until Lessee is furnished proof satisfactory to it as to the party entitled thereto. 14. Notices hereunder shall be given only by registered letter or telegram and shall be deemed given when the letter is deposited in the mail or the telegram filed with the tele-- graph postage or' charges and addressed to company, prepaid, the party for whom intended at such party's address first herein specified, or to such other address as may be substituted therefor by proper notice homeunder. 15, This lease merges and supersedes all prior negoti- ations, representations and agreements, and constitutes the entire contract, between Lessor and Lessee concerning the leasing of the premises and the consideration therefor. This lease shall be binding on and inur" to the benefit of the heirs, administrators, executors, successors and assigns of Lessor, and the successors and assigns of Lessee. 16. This instrument shall not be a lien against said. premises in respect to any mortgages that are now on or that hereafter may be placed against said premf,ses, and that the I - 10 - DVK REALTY LLC - 000026