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HomeMy WebLinkAbout0336 i i ~ ~ ~ i . 1 ~ ~ ~ - ~ . The~Lessee does hereby agree that it will for itself (and if required bg the mortqaqeea) and/or as agent for a21 of the condo- minium unit owners of the Condominium, and for each of their ~ spouses and for each owner of any other interest in the property ~ of the condominium forthwith subordinate its and/or their res- ~ pective interests in and to the demised premises and this lease ~ to any such mortgage or mortga~gea by.an instrument of subordin- i ' ation or by joinder as mortgagor in such mortgage, provided that ~ by such joinder the Lessee and/or the principals for which it sha 1 ~ have acted as aqent shall not assume the obligations of the mortgagor, as the mortgagee may require, subject always to ~ ~ Lessee's riqht to use,~ 9ecupy and enjoy the demised premises in accordance with the provisionssof this lease so long as it shall ~ perform all of-its promises and covenants as herein provided. . ~ 3. Assi nment. The Lessor may freely assign in whole i or in part al or any of its right, title and interest in and f to this lease and-the demised premises. ~ - ~ 10. LESSES'S RIGHT TO ASSTGN AND $NCUMBER. The Lessee ~ ~ i shall have no rig O mortqage or o erwise encumber any of its y ~ right, title and interest in and to this lease or the demised ~ ~ premises nor shall it have ~y right to assign the same or any j ~ part thereof except: (a) upon termination of The Condominiwn ! the Lessee's interests in the leasehold created herein shall be ~ . distributed to u~lit owners as a common element of The Condominiwa f and as an asset of the Lessee as its Association and the unit ~ - owners shall thereupon jointly and severally comprise the Lessee. ~ 11. EMINENT DOMAIN. ~ ! 1. As to Demised Premises. ~ ~ ~ (a) Total Takin If during the term of this lease~ ' the entire demised prem~.ses s all be taken as a result of the ~ ! exercise of the power of eminent domain, herein called "pro- i E ceeding", this lease and all right, title and interest of the ; I Lessee hereunder shall cease and come to an end on the date of ? E the veating of title pursuant to such proceeding and the Lessor ~ shall be entitled to and shall receive the total a~ard made in ~ such proceeding and the Lessee hereby abaolutely assigns such ' award to the Lessor. ; ~ ~ 1 (b) Partial Takin . If during the term of this ; lease less than the ent re emised premises shall be taken in ~ any such proceeding, this lease ahall terminate as to the part so taken and the Lessor shall be entitled to and shall receive ~ the total award made in ~ny such proceeding and the Lessee hereby ! assiqns such award to Lessor but the Lessee, in such case cove- nants and agrees that at Lessee's sole cost and expense (subject to reimbursement hereinafter provided) gromptly to restore, ~ repair and replace those portions of the buildings on the demised ~ premises not so taken to camplete architectural units and replace ~ ~ buildings totally taken for the use and occupancy of the lessee ~ as in this lease expreased. The Leasor agrees in connection with ; such restoration to apply or c~uae to be applied the net amount ~ of any award or damage to the building or buildings on the de- ~ mised p=emises that~may be received by it in any such proceeding . toward the cost of such resbration and replacement (but the : amount so applied shall not, however, include the cost in any ~ ~ alteration, construction, ahange or improvement the Lessee may ~ E~t d GRANOOFF desire to make that ia not necessary to restore that portion of ; ~,~.,~~~~5 AT LAW..r.A the buildings not so taken to a eomplete architectural unit or i Po,,x.,,Z I replace buildinqs totally taken of substantially the same use- ; BAYSHORC ~~~o~N. I fulness, design and construCtion as itaanediately before such taki , } SHOPPINO C[NTQN ~ . . PA~DENTON. iIORIDA ~ »SOS ~iLEPHOK[ •1~J33•2674 ~ ' ' ' ~ - - # I ' , _S. r . . - - - - . . _ . v~~ ~ r~