Common use of Covenants to Run With the Land Clause in Contracts

Covenants to Run With the Land. The covenants, reservations and restrictions set forth herein shall be incorporated by reference in the Deed of Trust, which shall be recorded, and shall be deemed covenants running with the land appurtenant to the Improvements and shall pass to and be binding upon the Borrower's heirs, assigns and successors in title to such Land or Improvements; provided, however, that upon the termination of this Agreement in accordance with the terms hereof said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying such Land or Improvements or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. If a portion or portions of such Land or Improvements are conveyed, all of such covenants, reservations and restrictions shall run to each portion of such Land or Improvements.

Appears in 31 contracts

Samples: Construction/Permanent Second Deed of Trust Loan Agreement, Home Construction/Permanent Loan Agreement, Construction Loan Agreement

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Covenants to Run With the Land. The covenants, reservations and restrictions set forth herein shall be incorporated by reference in the Deed of Trust, which shall be recorded, and shall be deemed covenants running with the land appurtenant to the Improvements and Land and, except as provided in Section 5.9 hereof, shall pass to and be binding upon the Borrower's , its heirs, assigns and successors in title to such the Land or Improvementsthe Facility; provided, however, that upon the termination of this Restriction Agreement in accordance with the terms hereof said covenants, reservations and restrictions shall expire. Each Except as provided in Section [?] hereof, each and every contract, deed or other instrument hereafter executed covering or conveying such the Land or Improvements the Facility or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrumentsinstrument. If a portion or portions of such Land or Improvements the Facility are conveyed, all of such covenants, reservations and restrictions shall run to each portion of such Land or Improvementsthe Facility.

Appears in 2 contracts

Samples: Land Use Restriction Agreement, Land Use Restriction Agreement (Adcare Health Systems Inc)

Covenants to Run With the Land. The covenants, reservations and restrictions set forth herein shall be incorporated by reference in the Deed of Trust, which shall be recorded, and shall be deemed covenants running with the land appurtenant to the Improvements and shall pass to and be binding upon the Borrower's heirs, assigns and successors in title to such Land or Improvements; provided, however, that upon the termination of this Agreement in accordance with the terms hereof said covenants, reservations and restrictions shall expire. However, the expiration of the covenants referenced in this Section 2.17 shall not apply to the covenants regarding income restrictions and the period of affordability required under the terms of HUD’s HOME funds. Each and every contract, deed or other instrument hereafter executed covering or conveying such Land or Improvements or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. If a portion or portions of such Land or Improvements are conveyed, all of such covenants, reservations and restrictions shall run to each portion of such Land or Improvements.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement

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Covenants to Run With the Land. The Borrower hereby subjects the Project to the covenants, reservations and restrictions set forth in this Regulatory Agreement. The County and the Borrower hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be incorporated by reference in the Deed of Trust, which shall be recorded, and shall be deemed covenants running with the land appurtenant to the Improvements and shall pass to and be binding upon the Borrower's heirs, assigns and ’s successors in title to such Land or Improvementsthe Project; provided, however, that upon on the termination of this Regulatory Agreement in accordance with the terms hereof said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying such Land or Improvements the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. If a No breach of or any of the provisions of this Regulatory Agreement shall impair, defeat or render invalid the lien of any mortgage, deed of trust or like encumbrance made in good faith and for value encumbering the Project or any portion or portions of such Land or Improvements are conveyed, all of such covenants, reservations and restrictions shall run to each portion of such Land or Improvementsthereof.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

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