Howard J. Kaplan and Brenda L. Kaplan, et al. - Page 11

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               Lessee free of trust.                                                  
               15. Condemnation.                                                      
                    (a) Entire Condemnation.  If at any time during                   
               the Term hereof all or substantially all of the Parcel                 
               and the Improvements shall be taken in the exercise of                 
               the power of eminent domain by any sovereign, munici-                  
               pality or other public or private authority, then this                 
               Lease shall terminate on the date of taking of posses-                 
               sion by such authority.  Substantially all of the                      
               Parcel and the Improvements shall be deemed to have                    
               been taken if the remaining Improvements cannot                        
               feasibly be repaired and restored so that they shall                   
               constitute a complete structural unit or units which                   
               can be operated as a day care facility on an economi-                  
               cally feasible basis under the provisions hereof.  The                 
               award or awards for any such taking of all or substan-                 
               tially all of the Parcel and the Improvements shall be                 
               paid to the Lessor.                                                    
                  *       *       *       *       *       *       *                   
                    30. Obligations Upon Termination.  Lessee shall,                  
               upon any termination hereof prior to the expiration of                 
               the Term, well and truly surrender and deliver up the                  
               Demised Premises into the possession and use of Lessor,                
               without fraud or delay and in good order, condition and                
               repair, ordinary wear and tear excepted, free and clear                
               of all lettings and occupancies and free and clear of                  
               all encumbrances other than those existing on the date                 
               hereof and those, if any, created by Lessor without any                
               payment or allowance whatever by Lessor.                               
                  *       *       *       *       *       *       *                   
                    36. Governing Law.  This Lease shall be governed                  
               by and subject to the laws of the state [Ohio] in which                
               the Facility is located.  [Reproduced literally.]                      
               On May 15, 1997, shortly after the effective date of the               
          April 21, 1997 lease, TMC entered into a contract (May 15, 1997             
          construction contract) with Stone Oak Construction, Inc. (Stone             
          Oak Construction).  Under that contract, Stone Oak Construction             






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