HomeMy WebLinkAbout1790 and may be foreclosed in a apanrier provided !or the forecloaur~
of ~aortgagea, provided, h~wever, no lfen against any fixtures
or equipment in a condoa?iniun~ unit shall secure a eum qreata~c
than ~he percentage ot tha total existing monies due and
awninq the Lessor by the Lessee then in default equal to tha
percentaqe of the total intereat in the coamaon elements and
common aurplus attributable to such condo~ainfuan unit, and
the lien aqainst any equfpment, furnishinqs, fixtures or ~
portion of the safd condaainiwa unft may be dfscharqed by
the owner thereof by payment to the Lessor of such swa,
and provided, further that so long as a condominium unit
awner shall pay that portion of the total monthly rental due
and awinq the.I.essor equal to his proportionate share of the ~
com~aon expenses of the Asaociation, either to the Association L
or directly to the Lessor, the Lessor will not a~nd may not
enforce any of the riqhts which it miqht otherwise have
aqafnst the condominium unft awner under the ternns and pro-
visfons hereof, notwithstandinq that the Lessee is in default
of this Lease, and/or that any other condaainium unit awner
has fafled to perform or keep its obligations as a member of
~ the Lessee to pay his prorata share of the caamon expenses of which
the monthly rental under the terms and proviaions~hereof is a part.
e. Foreclosure Not to O ate as Tennination. Foreclosure
or other act on to en orce e ens .ere~.n prov ed for
shall not operate or be construed as a termination or cancellation
~ of this Lease, or as an extinquistunent of any such lien, except
auch liens shall not stand as secwcity for any amounts
reslized and actually collected by the I.essor ia~foreclosure
o~r ather such a?ctfon.
~ f. Righta of Institutional First Mortqaqees.
(1) Defini~ion. An institutfonal first mortqaqee -
is defined as a savings and loan association,
insurance c~?pany or trust holdinq a ff=at mortgaqe
secured by a condominium apart~nent unit.
(2) Subbrdination b Lessor. The Lessor hereby
aqrees that a ens crea e n ts favor pursuant
~ to and by the provisions of this Ninety-Nine Year .
~ Lease, as well as by operation of law, shall be sub-
_ ordinate to the lien of any institutional first
• mortqagee against a condominium apartinent unit, .
and further aqrees to siqn and execute any instru-
~ ment reflectinq acknawledqment of such subordination
or to join in the execution and delivery of a mort-
qaqe (provided it dces not thereby assume or becaae
~obliqated to perform any covenants of the mortgaqor
therein) as the mortqagee may require, provided,
further, that the Lessor has and does hereby specifically
' subordinate all of its lien rights to the lien of each
and every mortqaqe lien aqainst condominium apartment
units at the Condaninium created by first mortgaqes :
recorded in the Public Records of St. Lucie County,
Florida, pri~r.to or subsequ ent to the date hereof,
~ wherein the mortqaqee is FirBt Federal Savinqs and
Loan Association of Ft. Pierce, Florida: t
~
~ (3) Foreclosure by Institutional First Mortgagee. ~
In the event an t tut ona irst mortqaqee sha ~
acquire title to a condaainium unit by conveyance in
liet~ of foreclosure, then so lonq as ~uch institutional :
mortqaqee shall continue to hold title to the said =
condaminium unit, the rent provided for and to be
paid durinq the term of this Lease shall be reduced
by a peroii?taqe fiqura equal to the percentaqe
intereat in th~s c~ommon alementa and ia th~e coma~on
aurplus att~ributabla t~o such conda~infu~a uait, and
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