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HomeMy WebLinkAbout1343 • . . s f 13.1. I€-the Lessee pays part but not all of the rental due in any given quarter and said failure to pay all of the rental is due entirely to the failure of one of the members to pay their prorata share a~ the quarterly assessment afrental, the Lessee ehall have.sixty (60) days to institute legal action against such member pursuant to the By-Laws and the Declaration of Condaainium in order to collect said prorata share of the rental provided, however, that the delinquent por- tion of the rental paya~ent shall bear interest at the rate of eight per- cent (8X) from the time it shall become due, and further provided that the Lessee must take imnediate action against the delinquent member to collect same and pursue such action diligently. 13.2 If a sublessor or a third party, other than a mort- gagor as contemplated in Section 16.2 of the Declaration of Condaminium, acquires title to a condominiwa unit by virtue of having acquired a lien upon the unit during the term of the t-~ase, the party acquiring title shall be required in order to hold title to the unit to enter into a sub- lease or an assumption of the sublease ~tith the sublessor. 14. @i~.<'~"~' DOMAIN. If the whole or any part of the leased premises shall be taken by any public suthority under the poWer of eminent domain, then this Lease shall cease on the part so taken from the day possession of that part shall be taken for any public purpose, ~ and the rent shall be paid up to that day. 14.1 The rent thereafter shall be reduced in an amount in proportion to the value that the condemned portion bears to the total value of the land as determined by the Lessor's appraiser at tfi e time of the taking. . f 14.2 If such portion of the leased premises is so taken ~ as to completely destroy the usefulness of the premises for the purposes for vhich the premises are here leased, then, fran that day the Lessee shall have the right either to terminate this Lease by written notice given by the Lessee to Less~ within thirty (30) days after such day, or to continue the possession of the remainder of the leased premises under . a11 of the terms herein provided. 14.3 All damages awarded for such taking shall belong to ' and be the property of Lessor, whether such damages shall be awarded as ! compensation for diminution in the value to the Lease or to the fee of f the leased premises. 15. HOLDING OVER. In the event Lessee remains in possession of the leased premises after expiration of this Lease without the execu- tion of a new Lease, it shall be deemed to be occupying said premises ae a Leasee from month to month, subject to all the conditions, provisions ~ ~ and obligations of thie Lease. 16. WAIVER. One or more waivers of any covenant or condition by Lessor shall not be construed as a waiver of a aubsequent breach of the same covenant or condition, and the consent or approval by Lessor to ' or of any act by Lessee requiring Lessor's consent or approv~shall not deem to waiver or render unnecessary Lessor's consent or approval to or of any subsequent similar act by Lessee. ~ 17. T@~ORARY REDUCTION IN RENrAL. If any lending institution acquires a condominivm unit in VILIA DEL SOL, INC. as a result of having had a first mortgage on same whether it be by mortgage foreclosure or acceptance of a Deed in satisfaction of the mortgage, the rental due from t he Lessee shall be reduced in an amount equivalent to the prorata,share of the rent due fram the lending institution by virtue of their ownership . of the condominium unit, provided that the lending institution's assess- ment is reduced by their prorata share of the rental, and further provided that said condominium unit is not occupied or leased. Upon occupancy, sale or lease of said condominium unit, the rental payment ahall be immediately reatored to the former amount. ~ Page four ~ aooK182 ~1341 i . _ - ~