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HomeMy WebLinkAbout0077 by virtue of the Declaration of Condominium, shall not terminat~~ ~ this L~ase. In the event of a vo~untar.y ar involuntary term- inat3on of the Lessee, H~erei.n the Condominium i~ not likewise ~erminated, the successor association to the Lessee, organized or constituted according to the applicable statutes of the ~tate of Florida as cuntained in the Condominium Act, shall a~sume and ~hall be charged with all of the ~utxes, obligations and responsibilities of the Lesse~ hereun~er. In the event of . a voluntary or involuntary termination of th~ Condominium all of those persons owning a condo~inium unit as of the date of term- ination of th~ Condominium shall automatica~Iy and by operation of the Lease jointly and severally~constitute the Lessee here- under and shall jointly and severally_be obligated to per~orm each and every cf •the Lessee's covenar.ts and promises and under- taki~gs herein provided for. Upon a condominium unit owner acquiring an interest in the Lessee's rights under this Lease, or becoming a Lessee under the terms of this Lease, by reson~of termination of t~e Condominium, his rights hereunder may there- after be assigned ~nly i~ there then be no default in any of the provisions of this Lease, a,ld only if such assignment be in - connection with a saie, transfe~, or hypo~hecation of all of his right~ in the property which was, prior to terminati4n of the Condominium', condominzum property, excepting only and provided that any institutional first mortgagee which shall become an ok~er of a condaminium unit or a ~e~ant in common in what had been condominium property by foreclosure of deed in lieu of fore- closure, shall not be liable or obligated in any way by the provisions of this section, but the grantee of any such instit- utiona~ mortgagee shall be fully liable and obligated for the payment of a proportionate share of the rental due and attrib- utable to such condominium unit d~riny such period of time as the condo~iniu~ unit shall be occupied by a tenant or iessee holding t u~der, by or through such institutional first mortgagee. 34. Waiver of Riqhts. The failur~ of the L.essor to er.force any covenant, obligation or agreernent of the Lessee herein ccn- tained shall not c~nstitate a waiver of the right to do so there- aftei, nor sha11 it consti~ute a waiver of the right to enforce any other covenar.t, obligation or agreement herein contained. 35. ~',mendments. Once recorded, this Ninety-Nine Year Lease may not be amended except by instrument in vrriting exec- uted by the parties hereto, duly recorded in the Public Records of St. Lucie County, Florida. 36. Copies. A copy of this Ninety-Nine Year Lease may be exhibited or delivered to each person contracting to acquirA a condominium unit in the Cond~mir~i~m from the Developer, for ±he purpose of making full disclosure of all of the terms and pro- visions here~f, Each such person expressly agrees ~nd consents ~ that minor changes, deletions, additions and amendments may be ~ made to this Lease prior to the recordation thereof, and without ~ further advice or notice to such Ferson, for the purpose of ` correcting typographical errors,~co Iying with the requirements ~ of an institutional mortgagee, or for cther reason, provided ~ such deletion, addition and/or amertdment shall not materially ~ adversely affect the rights of such person o~ the Lessee here- ' under. ~ 37. Gender and Use of Sin ular or Plural. ~yhe~ever the ccr.text hereo so required or per~rits the use of the singular ' shall inc~ude the plural, and the use of the plura~ shall incluce ~ the sing~lar; and the use of any gend~r shall include all genders. t ~ ~ ~ . ~ ~ + ~ i ` ~ ~ ~ i - 20- - - - - - _ - j - ~ _ ~:3, 1' ~ _ ~ . :~1 . . .