Common use of Claims; Liens; Encumbrances; Stop Notices Clause in Contracts

Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c) hereof, the filing of any claim of lien or encumbrance against the Mortgaged Property or any part thereof that is not released or insured over with a title insurance endorsement (obtained at Borrower’s cost and expense) within thirty (30) days after notice thereof from Lender to Borrower; or the service on Lender or any disburser of funds of a notice or demand to withhold funds, which is not nullified within thirty (30) days after the date of such service;

Appears in 2 contracts

Samples: Loan and Security Agreement (Inland Real Estate Income Trust, Inc.), Loan and Security Agreement (Inland Real Estate Income Trust, Inc.)

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Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c) hereof, the filing of any claim of lien or encumbrance against the Mortgaged Property or any part thereof that is not released or insured over with a title insurance endorsement (obtained at Borrower’s 's cost and expense) within thirty forty-five (3045) days after written notice thereof from Lender Administrative Agent to Borrower; or the service on Lender Administrative Agent or any disburser of funds Lender of a written notice or demand to withhold funds, which is not nullified within thirty forty-five (3045) days after the date of such service;

Appears in 1 contract

Samples: Term Loan and Security Agreement (KBS Growth & Income REIT, Inc.)

Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c4.06(c) hereof, the filing of any claim of lien or encumbrance against the Mortgaged Property or any part thereof (other than Permitted Encumbrances) that is not released or insured over with a title insurance endorsement (obtained at Borrower’s cost and expense) within thirty (30) days after notice thereof from Lender to Borrower; or the service on Lender or any disburser of funds of a notice or demand to withhold funds, which is not nullified within thirty (30) days after the date of such service;

Appears in 1 contract

Samples: Construction Loan and Security Agreement (Global Growth Trust, Inc.)

Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c) hereof, the filing of any claim of lien or encumbrance against the Mortgaged Property or any part thereof that is not released or insured over with a title insurance endorsement (obtained at Borrower’s cost and expense) within thirty forty-five (3045) days after written notice thereof from Lender Administrative Agent to Borrower; or the service on Lender Administrative Agent or any disburser of funds Lender of a written notice or demand to withhold funds, which is not nullified within thirty forty-five (3045) days after the date of such service;

Appears in 1 contract

Samples: Term Loan and Security Agreement (KBS Growth & Income REIT, Inc.)

Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c4.1(o) hereof, the filing of any claim of lien or encumbrance Lien against the Mortgaged Property or any part thereof (other than Permitted Encumbrances) that is not released or insured over with a title insurance endorsement (obtained at Borrower’s cost and expense) within thirty (30) days after notice thereof from Lender to Borrower; or the service on Lender or any disburser of funds of a notice or demand to withhold funds, which is not nullified within thirty (30) days after the date of such service;; or

Appears in 1 contract

Samples: Loan Agreement (CNL Growth Properties, Inc.)

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Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c) hereof, the filing of any claim of lien or encumbrance against the Mortgaged Property or any part thereof that is not released or insured over with a title insurance endorsement (obtained at Borrower’s cost and expense) within thirty (30) days after notice thereof from Lender Administrative Agent to Borrower; or the service on Administrative Agent, any Lender or any disburser of funds of a notice or demand to withhold funds, which is not nullified within thirty (30) days after the date of such service;

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Cottonwood Communities, Inc.)

Claims; Liens; Encumbrances; Stop Notices. Unless Borrower is contesting the same in accordance with the provisions of Section 4.01(c) hereof, the filing of any claim of lien or encumbrance (other than Permitted Encumbrances) against the Mortgaged Property all or any part thereof portion of the Property that is not released or insured over with a title insurance endorsement (obtained at Borrower’s cost and expense) within thirty (30) days after notice thereof from Lender to Borrower; or the service on Lender or any disburser of funds of a notice or demand to withhold funds, which is not nullified within thirty (30) days after the date of such service;

Appears in 1 contract

Samples: Term Loan Agreement (Rexford Industrial Realty, Inc.)

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