Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.
Appears in 13 contracts
Samples: Loan Agreement (Bref Hr, LLC), First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)
Boundaries. Except as disclosed on the applicable Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any affecting such Individual Property encroach upon any of the Improvements, so as (in each of the foregoing cases) to materially and adversely affect the value or marketability of such Property Individual Property, except those which are set forth on the applicable Survey and insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 10 contracts
Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)
Boundaries. Except as disclosed shown on the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and to Borrower’s knowledge, no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 4 contracts
Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)
Boundaries. Except as expressly disclosed on in the Title Insurance Policies or the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.
Appears in 3 contracts
Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)
Boundaries. Except as disclosed As depicted on the Surveys, Surveys of the Properties delivered to each Borrower’s actual knowledgeLender, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 3 contracts
Samples: Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.), Loan Agreement (Brixmor Property Group Inc.)
Boundaries. Except as disclosed on set forth in the SurveysTitle Insurance Policies, to each Borrower’s actual knowledge, Knowledge all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property Property, except those which are set forth on the Survey of such Property and insured against by the applicable Title Insurance Policy for such Property.
Appears in 3 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledgeknowledge and except as set forth on the Survey, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such the Individual Property, and no easements or other encumbrances upon any the Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledgeset forth in any Survey, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of the such Individual Property, and and, except as disclosed in any Survey, no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 2 contracts
Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP)
Boundaries. Except as disclosed expressly set forth in a Physical Condition Report or on the Surveys, to each Borrower’s actual knowledge, Survey: all of the Improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties property encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
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Boundaries. Except as disclosed To the best of Borrower’s knowledge and in reliance on the Surveys, to each Borrower’s actual knowledgeSurvey, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such Property, the real property encumbered by the Mortgage and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Boundaries. Except as disclosed shown on the Surveys, to Survey of each Borrower’s actual knowledgeIndividual Property or reflected on the Title Insurance Policy, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Individual Property.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Boundaries. Except as disclosed on set forth in the Surveys, to each Borrower’s actual knowledgeSurvey and in Lender's Title Insurance policy, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any affecting the Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such Propertyeach of which, whether or not insured are shown on the Survey.
Appears in 1 contract
Boundaries. Except as disclosed on set forth in the Surveys, to each BorrowerSurvey and in Lender’s actual knowledgeTitle Insurance policy, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any affecting the Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such Propertyeach of which, whether or not insured are shown on the Survey.
Appears in 1 contract
Boundaries. Except as disclosed shown on the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and and, no improvements on adjoining properties encroach upon such Property, and no . No easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of such Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)
Boundaries. Except as disclosed shown on the Surveys, Survey prepared and delivered to each Borrower’s actual knowledgeLender in connection with the closing of the Loan, all of the Improvements which were included in determining the appraised value of each Property the Properties lie wholly within the boundaries and building restriction lines of such each Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property Property, except those which are insured against by the applicable Title Insurance Policy for such or are Permitted Encumbrances with respect to the Property.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Boundaries. Except To the best of Borrower’s knowledge and except as disclosed may be depicted on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any such Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect have a material adverse effect on the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for applicable to such Property.
Appears in 1 contract
Samples: Loan Agreement (Orchard Supply Hardware Stores Corp)
Boundaries. Except as disclosed on set forth in the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and and, except as disclosed in the Surveys, no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
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Boundaries. Except Other than as disclosed shown on the SurveysSurvey of the applicable ---------- Individual Property, to each the best of Borrower’s actual 's knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.
Appears in 1 contract
Boundaries. Except as disclosed expressly set forth in a Physical Condition Report or on the Surveys, to each Borrower’s actual knowledgeSurvey, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 1 contract
Boundaries. Except as disclosed on shown of the Surveys, surveys delivered by Borrower to each Borrower’s actual knowledgeLender in connection with the Loan, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.
Appears in 1 contract
Boundaries. Except as otherwise ---------- disclosed on by the Surveys, surveys delivered to each Borrower’s actual knowledgeLender pursuant to Section 4.1 hereof, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.
Appears in 1 contract
Samples: Loan Agreement (Winston Hotels Inc)
Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledgeKnowledge, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no . No easements or other encumbrances upon any affecting the Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.
Appears in 1 contract
Boundaries. Except as disclosed on set forth in the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 1 contract
Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledgeknowledge and except as expressly set forth in the applicable Survey, Title Insurance Policy or Physical Conditions Report, all of the Improvements material improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property have a Material Adverse Effect except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 1 contract
Boundaries. Except as disclosed set forth on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any such Property encroach upon any of the ImprovementsImprovements on such Property, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Propertyor are Permitted Encumbrances.
Appears in 1 contract
Boundaries. Except as disclosed may be shown on the Surveys, survey furnished to each Borrower’s actual knowledgeLender, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such any Property except those easements or other encumbrances with respect to which are insured against by the applicable Title Insurance Policy for such Propertyinsures against any losses resulting therefrom.
Appears in 1 contract
Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledgeexpressly set forth in a Physical Condition ---------- Report, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.
Appears in 1 contract