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(a) Certain Takin a Not Included. Neither a taking '
of le$s than fee s p e . e nor a a ng o 10 per cent or ~
lesa of the living unita contained upon said lands immediately ~
prior to the time of takinq shall be construed or considered as ;
a taking within the provisio~s of . For the purpose of this~ ~
section , a taking of a condominium unit shall be a taking ~
where at least 60 per cent of the floor space thereof has been
taken. ;
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(b) Total Takin . If.such taking shall involve ~
the takinq of all o e v ng units contained upon said lands ,
in~nediately prior to the time of taking, this lease shall
terminate, effective as of the date of taking.
(c) Partial Ta~kin~. If the taking be greater than
described in an eas ~ian the taking described in
above, the following shall apply: +
(1) Rent. The rent provided in~ shall be
reduced, effective as o~~ie date of taking, as if the condomini ~
uriits totally taken had never been included in The Declaration of ?
Condominium as set forth herein. ~
(2~ Obli ations under . The Lessee shall ~
be entitled to a reduct oa o i s percentage of liability for
~ taxes and insurance premiums, as provided in. by eliminating ~
from the number of living units upon the lands of The Condominium
and from the total ~wnber of condominium units of all lands in
the formula provided in ,~the nwaber of total}.y taken living
units. ~ f
- -1Z.: DESTRUCTION OF L$SS$E'S IMPROVEMENTS OR TERMINATION OF
CONDOMINIUM OF WHICS T8E LI3SSET IS ITS ASS ~IlTIQN.
T e estruc 1on, a era on, emo it on or non-use or condition ~
of the improyements now existing upon the lands described in
the Declaration of Condominium of Windmill Village By The Sea, ~
Unit No. 1, or to be constructed thereon ~n accordance with such
Declaration and/or airiendment thereto, once completed, and any '
other structures which may hereafter be placed or put thereon,
~ regardless of the nature or event which causes such dest~uction,
alteration, demolition, or non-use, except a taking by eminent
j4 domain, as in provided, shall not in any way reduce, abate or
i' suspend the Lessee's promises hereunder nor shall the same effect
i~ a termination in whole or in part of this lease. A voluntary or
' involuntary termination of The Condominium shall not terminate
i~ this Lease, but npon termination of The Condominium all of the
~ unit owners of the condominium property, as unit owners or as
tenants in common, or otherwise, shall automatically and by ~
operation of this lease, jointly and severally, constitute the ;
!j Lessee hereunder and shall jointly and severally be obligatdd z
j~ to perform each and every of the Lessee's covenants and pFOmises ~
and undertakings. Upon a unit owner acquiring an interest in ?
f the Lessee's rights under this lease, whether by termination of ~
condominium, his rights hereunder may thereafter be a9signed
only if there the~ be no default in any of the provisions of thi
lease and only if such assignment be in connection wfth a sa2e, ~
transfer or hypothecation of all of his rights ia the property ;
y which was, prior to termination, condomiaium property. Provided ~
~ however, that any first mortqaqee being a bank, insurance compan , ~
or savings and loan association which has become or becomes a ~
unit owner or tenant in comnaon b~ foreclosure or deed in lieu of ~
ji foreclosure, shall not be made liable or obligated in any way by f
ADtER Q GRANDOiF ; provisions of this section but the grantee of such mortgagee . ~
~.~?GRNE'IS AT Uw...,?.;~ shall be fully liable and obligated hereunder. All of the pro-
P o so= ss~= visions of the Declaration of Co~ndominium of Windmill Village ~
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SHOAPINO C[XiER j y
BR~DENTON. FLORIDA ' - ~
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~EIE~MONt ~1~•733-2671 - _ ~S _ ~
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