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10. Expiration date of notice of commencement: (the expiration date is one (1) year from th~ date of. recording unless a different date is specified): 11. Notice is hereby given pursuant section 17.10 Florida Statutes that the lease contains the following provision: All persons doing work for or furnishing labor or materials to the demised premises on the order of or on behalf of the Tenant shall look solely to the Tenant's interest in the demised premises. The interest of the Landlord shall not be subject to liens for improvements made by the Tenant. If any mechanic's or other liens, or order for the payment of money, shall be filed against the demised premises, or any building or improvements thereon, by reason of change and alternation or addition made or alleged to have been made, by or for, the Tenant, or the cost or expense thereof, or any contract relating thereto, the Tenant shall cause the same to be cancelled and discharged of record, by bond or otherwise, at the election and expense of the Tenant, and shall also defend on behalf of the Landlord, at the Tenant's sole cost and expense, any action, suit or proceeding which may be brought thereon for the enforcement of such lien, liens or orders, and the Tenant will pay any damage and satisfactorily discharge any judgement entered therein, and same harmless the Landlord from any claim, attorney fees or damage therefrom. The recording of this Notice of Commencement does not constitute a lien, cloud or encumbrance on the described real property, but gives constructive notice that claims of lien may be filed under FS Chapter 713. OR BK 5199 2 PG of 2 349 Signed, sealed & delivered in the presence of: ~M:-~ Signature-Witness #1 Frank DePalma es C. Simpson Vice President of Stores and Real Estate Address P. O. Box 25030 Bradenton, FL 34206-5030 STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was subscribed and sworn to before me this 6th day of January, 2003 by James C. Simpson, as Vice President of Stores and Real Estate of BEALL'S DEPARTMENT STORES, INC., a Florida corporation 9f. personally known to me, o who produced Florida state driver's license as identification, and who acknow dged before me that she executed the same freely and voluntarily for the purposes therein expressed under authority duly ve d in her by sa' oration. My Commission Expires: 09/05/04 ..---..,-- .c:", VIRGINIA M. K~S~ ' ......, MY 00MMJssI<>>r f1 w.58S7 "t", f\tl EXPIREs: SIps, 2IIlM ,~ FUlllllllr....' _ Vinnnia M. Koczvnski Print Name NOTARY PUBLIC - STATE OF FLORIDA Commission No. 965857