Common use of Assumed Encumbrances Clause in Contracts

Assumed Encumbrances. 4.5.1 Purchaser recognizes and agrees that, in connection with a loan (the "Loan") made to Seller by Keycorp Real Estate Capital Markets, Inc., as assigned to Federal Home Loan Mortgage Corporation (the "Lender"), the Property presently is encumbered by a deed of trust dated June 30, 2008 and recorded on July 1, 2008 at Reception No. 20081358, and re-recorded July 9, 2008 at reception No. 2008094512 (the "Assumed Deed of Trust") and certain other security and related documents in connection with the Loan (collectively, the "Assumed Encumbrances"). The Loan is evidenced by that certain promissory note dated June 30, 2008 in the stated principal amount of $14,082,000.00 (the "Note," and together with the Assumed Deed of Trust, the Assumed Encumbrances and any other documents executed by Seller in connection with the Loan, the "Assumed Loan Documents"), executed by Seller and payable to the order of the Lender. Within five (5) days after the Effective Date, Seller agrees that it will make available to Purchaser (in the same manner in which Seller is permitted to make the Materials available to Purchaser under Section 3.5.1) copies of the Assumed Loan Documents which are in Seller's possession or reasonable control (subject to Section 3.5.2).

Appears in 1 contract

Samples: Purchase and Sale Contract (Century Properties Fund Xvii)

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Assumed Encumbrances. 4.5.1 Purchaser recognizes and agrees that, in connection with a loan (the "Loan") made to Seller by Keycorp Real Estate Capital Markets, Inc., as assigned to Federal Home Loan Mortgage Corporation (the "Lender"), the Property presently is encumbered by (i) a deed of trust dated June December 30, 2008 and recorded on July 1January 7, 2009 and (ii) a deed of trust dated December 30, 2008 at Reception No. 20081358and recorded January 7, and re-recorded July 92009 (collectively, 2008 at reception No. 2008094512 (the "Assumed Deed of Trust") and certain other security and related documents in connection with the Loan (collectively, the "Assumed Encumbrances"). The Loan is evidenced by that certain (i) promissory note dated June December 30, 2008 in the stated principal amount of $14,082,000.00 5,548,680.93 and (ii) promissory note dated December 30, 2008 in the "stated principal amount of $2,000,000 (collectively, the “ Note," and together with the Assumed Deed of Trust, the Assumed Encumbrances and any other documents executed by Seller in connection with the Loan, the "Assumed Loan Documents"), executed by Seller and payable to the order of the Lender. Within five (5) 5 days after the Effective Date, Seller agrees that it will make available to Purchaser (in the same manner in which Seller is permitted to make the Materials available to Purchaser under Section 3.5.1) copies of the Assumed Loan Documents which are in Seller's ’s possession or reasonable control (subject to Section 3.5.2).

Appears in 1 contract

Samples: Purchase and Sale Contract (National Property Investors 8 /Ca/)

Assumed Encumbrances. 4.5.1 Purchaser recognizes and agrees that, in connection with a loan (the "Loan") made to Seller by Keycorp Real Estate Capital Markets, Inc., as Key Bank and assigned to the Federal Home Loan Mortgage Corporation (the "Lender"), the Property presently is encumbered by a deed of trust dated June 30, 2008 and recorded on July 1, 2008 at Reception No. 20081358, 2008091358 and re-recorded July 9, 2008 at reception Reception No. 2008094512 (the "Assumed Deed of Trust") and certain other security and related documents in connection with the Loan (collectively, the "Assumed Encumbrances"). The Loan is evidenced by that certain promissory note dated June 30, 2008 in the stated principal amount of $14,082,000.00 (the "Note," and together with the Assumed Deed of Trust, the Assumed Encumbrances and any other documents executed by Seller in connection with the Loan, the "Assumed Loan Documents"), executed by Seller and payable to the order of the Lender. Within five (5) days 2 Business Days after the Effective Date, Seller agrees that it will make available to Purchaser (in the same manner in which Seller is permitted to make the Materials available to Purchaser under Section 3.5.1) copies of the Assumed Loan Documents which are in Seller's possession or reasonable control (subject to Section 3.5.2). Within 5 days after the Effective Date, Seller shall request that Lender provide Purchaser with an assumption application.

Appears in 1 contract

Samples: Purchase and Sale Contract (Century Properties Fund Xvii)

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Assumed Encumbrances. 4.5.1 Purchaser recognizes and agrees that, in connection with a loan (the "Loan") made to Seller by Keycorp Real Estate Xxxxxxx Capital MarketsGroup, Inc., as assigned to Federal Home Loan Mortgage Corporation Inc. (the "Lender"), the Property presently is encumbered by a deed of trust dated June 30May 31, 2008 2006 and recorded on July 1June 6, 2008 at Reception No. 200813582006 in instrument number 20060606-0067085, and reas assigned to Federal Home Loan Mortgage Corporation in instrument number 20060606-recorded July 9, 2008 at reception No. 2008094512 0067087 (the "Assumed Deed of Trust") and certain other security and related documents in connection with the Loan (collectively, the "Assumed Encumbrances"). The Loan is evidenced by that certain promissory note dated June 30May 31, 2008 2006 in the stated principal amount of $14,082,000.00 8,700,000.00 (the "Note," and together with the Assumed Deed of Trust, the Assumed Encumbrances and any other documents executed by Seller in connection with the Loan, the "Assumed Loan Documents"), executed by Seller and payable to the order of the Lender. Within five (5) 10 days after the Effective Date, Seller agrees that it will make available to Purchaser (in the same manner in which Seller is permitted to make the Materials available to Purchaser under Section 3.5.1) copies of the Assumed Loan Documents which are in Seller's possession or reasonable control (subject to Section 3.5.2).

Appears in 1 contract

Samples: Purchase and Sale Contract (Davidson Diversified Real Estate Ii Limited Partnership)

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