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10.1 Said individual members in all other respects shall ~
be bound by the terms of this Lease, and upon teradnation of the condo- ;
- minium, the Lessor shall a~quire the right to prQCeed 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 defsult, it is the intent of the
Lessor that the individual member shall be liable only for his prorata
share of the rental and costs to be paid under the terms of this Lease.
11. SUBLFASB. Lessee as a sublessor shall enter into a sublease
with each original purchaser of a unit in the form attached hereto as
Lhchibit Number 1.
~ 11.1 Subsequent purchasers of condominium units from the
sublessees shall be required to assume the sublessee's obligation under
the Lease, and the sublessor shall execute a consent thereto.
12. CONDITIONAL ASSIGNMSNT OF SUBLFASBS. ~ 3'he Lessee, VILIA
DEL SOL, INC., shall conditionally assign each sublease to IANDMARR VILiAS, ~
INC. as additional secutity for the payments of tt~e rents called for
pursuant to Section 3 of this Lease. Such assig~ments shall be in the
form attached hereto as Sxhibit Number 2.
12.1 It is the intentions of the Lessee and the Lessor
that such assignments 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 sublessee
under the terms of the individual sublease, VILIA DEL SOL, INC. shall have
the right to elect to require:
a. That the sublessor proceed pursuant to 13.1
below, or
b. I~NDMARR VILIAS, INC. may elect to consider such
` conditional assignment of the delinquent sublease as a completed assign-
ment and to bring appropriate action against the said Lessee under the
terms of said sublease.
13. NON-PAYMSATP 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 of the other 4
covenants, agreements, stigulations or conditions herein, and such viola-
tion or default shall continue for a perivu of thirty (30) days after
written notice of such violation or default, then ~t shall be optional
for Lessor to declare this Lease forfeited and the said te~ ended, and
to re-enter said premises, with or without process of law, using such
force as ma~• be necessary to remove Lessee and its chattels therefrom, and
Lessor shall not be lisble for damages by reason of such re-entry or
forfeiture; but notwithstanding auch re-entry by Lessor, the liability of
~ Lessee for the rent provided for herein shall not be relinquished or
extinguised for the balance of the term of this Lease. It is further under-
~ stood that Lessee will pay, in addition to the fees and other s~s agreed ~
to be paid hereunder, such additional s~s 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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