HomeMy WebLinkAbout0048 {1) Certain Taki s Not Included. Neither a taking ~
of less than ee s mp e e nor a a ing of ten (10~) ~
percent or less of the apartme~t units contained upon said ,
lands immediately prior to the time of taking shall be con- _
strued or considered as a taking. For the purpose of this
paragraph, a taking of an apartmezt unit shall have occurred =
where at least sixty (60~') percent of the floor space there- }
of has been taken. ;
(2) Total Taking. If such taking shall involve the
taking of a o e apartment units contained upon said ~
- ~ lands immediately prior to the time of taking, this Lease ;
~ shall terminate, effective as of the date of taking. '
~ ;
~ (3) Partial Takin~. If the taking be greater than
described n aragrap 5 b. (1) and less than the taking ~
described in Paragraph 15 b. (2), above, the rent provided ~
in paragraph 4 shal~ be reduced effective as_of the date ;
of taking, by a percentage figure equal to the percentage ;
interest in the comtron elements and in the co~aon surplus ~
- attributable to ~he condominium units taken, provided, ~
howevers that all other provisions of this Lease shall i
remain in full force and effec't. :
16. Commencement of Gbligations of Lease and Deliver of Posses-
sion. The
oT ga on o e ssor a o ssee pursuan o
~erms and provisions hereof, and right to possession and use of the De- '
mised Premises, shall commence as of the date of commencement of the
term hereby created.
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17. Securit . For the purpose of securing unto the Lessor the
payment o e rent herein provided for, as well as the payment of any
other sums due and payable the Lessor by reason of the ter~ and provi-
c i nnc hF?rPnf _ tir hv rPasc~n ~f anv advancements made to or on behalf of
~s~~~-~ ~.~~~~~J _~I - V
the Lessee by the Lessor, as well as for the purpose of securing the
performance of each and every one of the covenants of the Lessee herein ;
; contained for the use and benefit of the Lessor, the Lessee does he reby
grant unto the Lessor the following described liens which shall be cu-
mulative, provided, the Lessor may exercise one or more oi' the said ~
' liens without thereby waiving the others, or may exercise all simulta- ~
~
; neously.
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{ a. Lessee~s Interest. The Lessee does hereby give and ~
grant unLo e ssor a continuing first lien paramount and su- ~
~ perior to all others upon all of the right, title arxi interest ~
= of the Lessee in and to this Lease and the Demised Premises. ;
_ ~
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b. Lessee's Assets. The Lessee does hereby give and grant ;
v unto the ssor a con nuing first lien param~unt and superio r
> to all o thers, including apartment ~wners, upon its assets and
y common surplus.
~ c. Condominium Propert . The Lessee does hereby give
and grant
un~o~~ ssor a continuing lien upon all of the
:
s condominium parcels and condominium property as described in ~
~ the Declaration of Condominium of the Condominium, including ~
_ Aii A~r»r~ngnnPa thPre~p~ now or hereafter placed thereon! ~
: all furniture, fixtures, furnishings, machinery ami equipment ~
- now or hereafter located thereon, kept or used in and about -
~ the common elements thereof, and fixtures and equipment now or
~ hereafter contained or placed upon any condominium parcel,
including air conditioners, stoves, ranges, refrigerators, hot
water heaters, and dishwashers, said lien being prior and.su-
_ perior to all other liens and encumbrances except institutional ~
first mortgages against condominium units. ~
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d. Obli ation of Unit Owner. All liens provided for here- ;
in shall secure e paymen o a 1 monies due ~he Lessor here- ;
under and may be foreclosed in a manner provided for the Fore- ~
closure of mortgages, provided, however, no lien against any
fixtures or equipment in a condominium unit shall secure a sum ~
greater than the percentage of the total existing monies due ~
and owing the Lessor by the Lessee then in default equal to the ~
~ 0R ~
_ z~_ BooK 198 4$
= L4W OFFICES OF G~LDSTEIN. FRANKLIN. GHONIN ~ SCHRANK, P. A.. 2020 NORTHEAST 163tto STREET. NORTH MIAMI BEACH, FLORIDA 33162 r