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10.1 Said individual me.nibers in all other respects ~
shall be bound by the terms of this Lease, and upon termination
of the condominium, the Lessor shall acquire the right to proceed ~
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individually against the members in.the event they have defaulted
under the terms of the Lease. ~
10.2 Where the Lessor acquires the right to proceed
against the individual members for a default, it is the intent
of the Lessor that the individual member shall be liable only for j
his prorata share of the rental and costs to be paid under the t
terms of this Lease. 1
11. SUBLEASE. Lessee as a sublessor shall enter into a
sublease with VILIA DEL SOL, INC. in the form attached hereto as
~hibit Nwnber 1.
12. CONDITIONAL ASSIGNMENT OF SUBLFI~SES. The I,essee, IAND-
MARK VILIAS, INC., shall conditionally assign the lease to VILIA
DEL SOL, II~C. as additional security for the payments of the rents
called for pursuant to Section 3 of this Lease. Such assignment
shall be in the form attached hereto as Exhibit Number 2.
12.1 It is the intention of the Lessee anu the Lessor ~
that such assignment shall not act as a merger wherein the Lessee
would be released from all obligation under this Lease.
12.2 In the event of a default on the part of the lessee, i
Lessor may elect to consider such conditional assigryment of the ;
deZinquent lease as a completed assignment and to bring appropriate ~
action against the said Lessee under the terms of said lease. ~
(Exhibit Number 2.) ~ ~ -
13. NON-PAYI~?NT OF RENT. If any rent by Lessee to Lessor ~
~ shall be and remain unpaid for more than fifteen (15) days after }
same is due and payable, or if Lessee shall violate or default any ;
I~ of the other covenants, agreements, stipulations or conditions
~ herein, and such violation or default shall continue for a period ~
~ of thirty (30) days after written notice of such violation or t
~ default, then it shall be optional for Lessor declare this Lease
~ forfeited and the said term ended, and to re-enter said premises ;
with or without process of law, using such force as may be necessary '
~ to remove Lessee and its chattels therefrom, and Lessor shall not ~
be liable for damages by reason of such re-entry or forfeiture; but ~
notwithstanding such re-entry by Lessor, the liability of Lessee
for the rent provided for herein shall not be relinquished or extin-
~ guished for the balance of the term of this Lease. It is further
understood that Lessee will pay, in addition to the fees and other
~ sums agreed to be paid hereunder, such additional sums as the Court
~ may adjudge reasonable as attorneys' fees in any suit or action
~ instituted by Lessor to enforce the provisions of this Lease or the
~ collection of the rent due Lessors hereunder.
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