What happens if a Petro Stopping Center franchisee defaults under the lease?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) to take possession of the Site or other Collateral or any part thereof, personally, or by our agents, employees or attorneys;
(ii) to, in our discretion, without notice and with or without process of law, enter upon and take and maintain possession of all or any part of the Petro Center, together with the Collateral, including all furniture, fixtures, inventory, books, records, papers and accounts of the Franchisee;
(iii) to exclude you and your Personnel from the Site or other Collateral;
(iv) as attorney-in-fact for you, or in our own name, and under the powers herein granted, to hold, operate, manage and control the Petro Center and conduct the business, if any, thereof, either personally or by its agents, with full power to use such measures, legally rectifiable, as in its discretion may be deemed proper or necessary to cure such default, including actions of forcible entry or detainer and actions in distress of rent, granting full power and authority to us to exercise each and every of the rights, privileges and powers herein granted at any and all times hereafter;
(v) to cancel or terminate any unauthorized agreements or subleases entered into by you, for any cause or ground which would entitle us to cancel the same;
(vi) to disaffirm any unauthorized agreement, sublease or subordinated lien, to make all necessary or proper repairs, decorating, renewals,
replacements, alterations, additions, betterments and improvements to the Site that may seem judicious, in our sole judgment;
(vii) to insure and reinsure the same for all risks incidental to our possession, operation and management thereof; and/or
(viii) notwithstanding any provision of this Agreement, to declare all of your rights, but not obligations under this Agreement, to be immediately terminated as of the date of your default under the Lease, the Lease Assignment or the Loan Documents.
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to the 2025 Petro Stopping Center Franchise Disclosure Document, if a franchisee defaults under the lease, Petro Franchise Systems LLC has several options. They can take possession of the site and any collateral, either personally or through their agents, employees, or attorneys. Petro Stopping Center can also enter and maintain possession of all or any part of the Petro Center, including furniture, fixtures, inventory, books, records, papers, and accounts. They can exclude the franchisee and their personnel from the site or other collateral.
Petro Stopping Center, acting as the franchisee's attorney-in-fact or in their own name, can operate and manage the Petro Center and conduct the business. This includes the power to take actions deemed necessary to cure the default, such as actions of forcible entry or detainer and actions in distress of rent. Petro Stopping Center can also cancel or terminate any unauthorized agreements or subleases entered into by the franchisee, and disaffirm any unauthorized agreement, sublease, or subordinated lien.
Additionally, Petro Stopping Center can make necessary repairs, decorating, renewals, replacements, alterations, additions, betterments, and improvements to the site. They can also insure and reinsure the site for all risks incidental to their possession, operation, and management. Finally, Petro Stopping Center can declare all of the franchisee's rights under the Franchise Agreement to be immediately terminated as of the date of the default under the lease, the lease assignment, or the loan documents, though the franchisee's obligations would not be terminated.