Additional Land. All xxxxxxxxxx xxxxx, xxxxxxx and development rights hereafter acquired by Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument;
Additional Land. All additional lands, estates and development rights hereafter xxxxxxxx xx Xxxxxxxx xxx use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument;
Additional Land. All additional lands, estates and development rights hereafter acquired by Mortgagor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument;
Additional Land. All additional lands, estates and development rights hereafter acquired by Grantor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, be expressly made subject to the lien of this Security Instrument;
Additional Land. All xxxxxxxxxx xxxxx, xxxxxxx and development rights hereafter acquired by Grantor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the Lien of this Security Instrument;
Additional Land. All land that, from time to time, by supplemental deed or otherwise, may be expressly made subject to this Security Instrument, and all estates and development rights hereafter acquired by Borrower for use in connection with such land (also, the “Land”);
Additional Land. (a) If the Non-Proposing Party consents (or is deemed to consent) to a Proposed Variation which proposes to vary the area of the Extension Land to include any Additional Land, then, subject to clause 3.4(b), the Landholder must, at its cost, use its reasonable endeavours to secure the Additional Land Interest in respect of that Additional Land which is most appropriate having regard to the nature and extent of the Proposed Variation.
(b) The Landholder is not obliged to secure the Additional Land Interest in respect of the Additional Land where:
(i) having used such reasonable endeavours it is not able to obtain all Authority Approvals necessary for the acquisition of the Additional Land Interest or for the use of the Additional Land Interest as part of the Extension Land; or
(ii) the Additional Land Interest must be acquired from or granted by a third party if:
(A) it has been determined by the Access Regulator that the cost of the Landholder securing the Additional Land Interest will be included in the Regulated Asset Base, or the Trustee has indemnified the Landholder in respect of the cost of securing the Additional Land Interest, and the Landholder is not able to secure the Additional Land Interest on any terms, except that any terms as to cost must be consistent with the determination or indemnification (as the case may be), having undertaken bona fide arm's length negotiations with the third party to do so; or
(B) in circumstances where there has been no determination or indemnification as contemplated under clause 3.4(b)(ii)(A), the Landholder is not able to secure the Additional Land Interest on reasonable commercial terms having undertaken bona fide arm's length negotiations with the third party to do so.
(c) The Landholder must afforded the Trustee the opportunity to attend and contribute to the negotiations referred to in clause 3.4(b)(ii)(B).
(d) If Aurizon Network secures an Additional Land Interest in respect of Additional Land under this clause 3.4, then the Extension Land will be varied to include the Additional Land on the date the Landholder secures the Additional Land Interest.
(a) Promptly following a variation to the Extension Land under this clause 3.4, the Landholder must give the Trustee a revised version of schedule 1 which incorporates that variation and that revised version of schedule 1 is taken to replace the existing schedule 1.
Additional Land. The Additional Land will be developed in a manner consistent with the approvals from Xxxxxx County as an active adult community. CLDG (and its successors and assigns who have purchased one or more parcels of the Additional Land for subdivision, development and/or construction of homes in the ordinary course of business, such successors and assigns being referred to as “Development Successors” of CLDG) shall form one (1) or more new homeowners’ associations and develop the Additional Land subject to one (1) or more new declarations (all as may be approved by Xxxxxx County to the extent that any such approval of Xxxxxx County may be required). Each such new homeowners’ association will be responsible for payment of a prorata share (based on the number of lots served by such new homeowners’ association as a percentage of all lots served by the applicable facilities) of the cost of maintaining the 6/14/11 11:01 AM 6/14/11 11:01 AM + Indent at: 0.75", Tabs:Not at 0.75" 6/14/11 11:01 AM 6/14/11 11:01 AM 6/14/11 11:01 AM Formatted: Font:(Default) Courier New 6/14/11 11:01 AM 6/14/11 11:01 AM facilities used by members of the HOA and by members of the new homeowners’ association, including streets, adjacent landscaped areas and entry monuments.
a. CLDG (or its Development Successor) will also form (at the same time as the new homeowners’ association for the Additional Land, or first such new homeowners’ association, is formed) a master association (the “Master Association”) for the sole purpose of taking title to and operating and maintaining the Clubhouse, the parcel of land on which the Clubhouse is located (the “Clubhouse Parcel”), and those portions of the common areas located within Phase One of the Project (and the facilities and improvements located thereon, such as the private streets, adjacent landscaped areas and entry monuments) which are to be used jointly by the homeowners in Phase One of the Project and the Additional Land (the “Joint Phase One Common Areas”).
(i) The members of the Master Association shall consist of the HOA and each new homeowners’ association which has been formed for governance of any lots created out of the Additional Land.
(ii) CLDG (or its Development Successor) shall be the declarant under the declaration for the Master Association and shall have all customary declarant rights, including the right to appoint the members of the board of directors during the declarant control period (however, during such declarant control perio...
Additional Land. All xxxxxxxxxx xxxxx, xxxxxxx and development rights hereafter acquired by Mortgagor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise, be expressly made subject to the lien of this Mortgage;
Additional Land. Declarants, from time to time and at any time before and after it has conveyed all of the Lincoln Commerce Center, shall have the right to render other land that is adjoining to the Lincoln Commerce Center or to any other property then subject and subservient to this Declaration in all respects by executing and recording a supplement to this Declaration containing: A legal description of the land to be added; a statement that Declarants is the record owner in fee simple of such land, or in lieu thereof; a statement that all other persons, firms or corporations having an interest in such land have joined in such supplement; a statement of the additional restrictions or burdens to which such land shall be subjected, if any; and a statement of the restrictions, burdens or provisions of this Declaration which shall be applicable to such land in modified form, if any. Following the execution, delivery and recording of such supplement, but subject to its terms, such land and the then and future owners, tenants, mortgagees and other occupants of all or any part thereof shall in all respects be fully subject to this Declaration and all rights, privileges, obligations, duties, liabilities, responsibilities, burdens and restrictions contained herein, including but not limited to, the obligation for payment of assessments, as though such land had originally been included in and subject to this Declaration.
