Common use of Access/Utilities Clause in Contracts

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) and storm drain facilities. All public and/or private utilities, as the case may be, necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, necessary for the current utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenants.

Appears in 3 contracts

Samples: Deed to Secure Debt and Security Agreement (Sun Communities Inc), Deed of Trust (Sun Communities Inc), Deed to Secure Debt and Security Agreement (Sun Communities Inc)

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Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All Other than as disclosed on the Survey, all public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities Governmental Authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsProperty.

Appears in 3 contracts

Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use used and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities Governmental Authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsProperty.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or electric, gas, telephone, cable (where appropriate) ), sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower Grantor or tenantsany tenants or other legal occupants of the Property (collectively, the “Tenants”).

Appears in 1 contract

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, Inc.)

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All Other than as disclosed on the Survey (as hereinafter defined), all public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities Governmental Authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsProperty.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Access/Utilities. The Property has Properties have adequate rights of access ---------------- to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the each Property as presently used and enjoyed are located in the public right-of-way abutting the applicable Property, and all such utilities are connected so as to serve the applicable Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the each Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsapplicable Property.

Appears in 1 contract

Samples: Mortgage Agreement (Kilroy Realty Corp)

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsProperty.

Appears in 1 contract

Samples: Secured Indebtedness Agreement (Parkway Properties Inc)

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or electric, gas, telephone, cable (where appropriate) ), sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsany tenants or other legal occupants of the Property (collectively, the “Tenants”).

Appears in 1 contract

Samples: Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Cornerstone Core Properties REIT, Inc.)

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Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the a Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsProperty.

Appears in 1 contract

Samples: Fee and Subleasehold Mortgage, Security Agreement, Financing Statement, Fixture Filing and Assignment of Leases, Rents and Security Deposits (Tower Realty Trust Inc)

Access/Utilities. The Property has adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the Property as presently used and enjoyed are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, necessary for the current full utilization of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower Grantor or tenantsTenant.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)

Access/Utilities. The Property has Properties have adequate rights of access to public ways and is served by adequate water, sewer, electric and/or gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to the continued use and enjoyment of the each Property as presently used and enjoyed are located in the public right-of-way abutting the applicable Property, and all such utilities are connected so as to serve the applicable Property without passing over other property. All roads, and access to such roads, roads necessary for the current full utilization of the each Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsapplicable Property.

Appears in 1 contract

Samples: Mortgage Agreement (Mark Centers Trust)

Access/Utilities. The Property has adequate rights of access to public ways and is adequately served by utilities, including, without limitation, adequate water, sewer, electric and/or electricity, gas, telephone, cable (where appropriate) sanitary sewer and storm drain facilities. All public and/or private utilities, as the case may be, utilities necessary to for the continued use and enjoyment of the Property as presently used and enjoyed for its current purpose are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property. All roads, and access to such roads, roads necessary for the current utilization full use of the Property for its current purpose have been completed and dedicated to public use and accepted by all governmental authorities or are the subject of access easements for the benefit of the Property without any further condition or cost to Borrower or tenantsProperty.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement, Fixture Filing (Hometown Auto Retailers Inc)

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