Common use of Borrower’s Certificate Clause in Contracts

Borrower’s Certificate. A certificate signed by Borrower to the effect that the Repairs have been fully paid (or will be fully paid for with the pending repair disbursement) for and that all money disbursed pursuant to this Loan Agreement has been used for the Repairs and no claim exists against Borrower or against the Mortgaged Property out of which a lien based on furnishing labor or material exists or might ripen. Borrower may except from the certificate described in the preceding sentence any claim(s) that Borrower intends to contest, provided that any such claim is described in Borrower’s certificate and Borrower certifies to Lender that the money in the Repair Reserve Fund is sufficient to make payment of the full amount which might in any event be payable in order to satisfy such claim(s). If required by Lender, Borrower also must certify to Lender that such portion of the Repairs is in compliance with all applicable building codes and zoning ordinances.

Appears in 5 contracts

Samples: Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc)

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Borrower’s Certificate. A certificate signed by Borrower to the effect that the Repairs have been fully paid (or will be fully paid for with the pending repair disbursement) for and that all money disbursed pursuant to this Loan Agreement from the Repair Reserve Fund has been used for the Repairs Repairs, to Borrower’s knowledge upon diligent inquiry, and no claim exists against Borrower or against the Mortgaged Property out of which a lien based on furnishing labor or material exists or might ripen. Borrower may except from the certificate described in the preceding sentence any claim(s) that Borrower intends to contest, provided that any such claim is described in Borrower’s certificate and Borrower certifies to Lender that that, to Borrower’s knowledge upon diligent inquiry, the money in the Repair Reserve Fund is sufficient to make payment of the full amount which might in any event be payable in order to satisfy such claim(s). If required by Lender, Borrower also must certify to Lender that such portion of the Repairs is are in compliance with all applicable building codes and zoning ordinances.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement (Resource Apartment REIT III, Inc.)

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Borrower’s Certificate. A certificate signed by Borrower Xxxxxxxx to the effect that the Repairs have been fully paid (or will be fully paid for with the pending repair disbursement) for and that all money disbursed pursuant to this Loan Agreement from the Repair Reserve Fund has been used for the Repairs and no claim to Xxxxxxxx’s knowledge upon due and diligent inquiry exists against Borrower or against the Mortgaged Property out of which a lien based on furnishing labor or material exists or might ripen. Borrower may except from the certificate described in the preceding sentence any claim(s) that Borrower intends to contest, provided that any such claim is described in BorrowerXxxxxxxx’s certificate and Borrower certifies to Lender that to Xxxxxxxx’s knowledge upon due and diligent inquiry the money in the Repair Reserve Fund is sufficient to make payment of the full amount which might in any event be payable in order to satisfy such claim(s). If required by Lender, Borrower also must certify to Lender that such portion of the Repairs is are in compliance with all applicable building codes and zoning ordinances.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement (Resource Apartment REIT III, Inc.)

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