DESCRIPTION OF THE PROPERTY. 13.1 The Property as referred to in the Proclamation of Sale shall be deemed to have been correctly and sufficiently described.
13.2 All intended bidders including the Purchaser shall be deemed to have sought independent legal advice, made necessary enquiries, searches and inspection of the Property and is satisfied with the identity, description, state and condition of the Property.
13.3 In the event of any error, misstatement, omission and/or misdescription of any kind relating to the Property in the Proclamation of Sale or any other documents, such error, misstatement, omission and/or misdescription shall not in any manner annul the sale, nor shall there be any adjustment of the Purchase Price nor shall compensation be allowed nor shall the Bank be open to any liability of any form.
13.4 If the land or floor area of the property is found to exceed that as described and additional payment is imposed for the excess area by the Developer and/or relevant authorities, then such additional payment shall be solely and absolutely borne and paid by the Purchaser
13.5 If the land or floor area of the property is found to be less that as described, any claim for the reduced area shall be undertaken solely by the Purchaser against the Developer and/or such party and neither the Assignee/ Bank , the Assignee/ Bank’s solicitors nor the Auctioneer shall in any way responsible or liable for such claim. The auction sale herein shall not be annulled and there shall not be any adjustment of the Purchase Price as a result of such shortfall in the area of the Property.
DESCRIPTION OF THE PROPERTY. 14.1 The property as referred to in the Proclamation of Sale shall be deemed to have been correctly and sufficiently described.
14.2 All potential bidders shall be deemed to have sought independent legal advice, made necessary enquires, searches and inspection of the property and is satisfied with the identity, description, state and condition of the property.
14.3 In the event of any error, mis-statement, omission and/or mis-description of any kind relating to the property in the Proclamation of Sale or any other documents, such error, mis-statement, omission and/or mis-description shall not in any manner annul the sale, nor shall there be and adjustment of the Purchase Price nor shall compensation be allowed nor shall MBSB be open to any liability of any form.
DESCRIPTION OF THE PROPERTY. Subject to the terms and provisions set forth in this Agreement, at the Closing, Seller shall sell, convey, transfer, assign and deliver to Purchaser, all right, title and interest of Seller in and to the property and assets set forth in this Section 2.1, but expressly excluding the Excluded Property (collectively, the “Property”):
DESCRIPTION OF THE PROPERTY. In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest including all rents, issues and profits in and to the following:
(a) That certain real property located at 0000 Xxxxxxxx Xxxxxx in the City of Corona, County of Riverside, State of California, as more particularly described on Exhibit A-1, attached hereto (the “Land”), together with one (1) industrial building of approximately 168,450 square feet inclusive of an approximately 9,296 square feet of two (2) story office space (“Building”), as more particularly depicted on Exhibit A-2, attached hereto and all other improvements located thereon (collectively, the “Improvements”) being part of the Land;
(b) All rights, privileges, easements and appurtenances to the Land and the Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all easements; any interest in any public streets, roads or rights-of-way adjacent to or abutting the Land; all of Seller’s right, title and interest, if any, in and to any and all oil, natural gas, other hydrocarbon substances, or other minerals underlying the Land; and any and all other reversions, remainders and appurtenances pertaining to or benefiting the Land and other appurtenances used or connected with the beneficial use or enjoyment of the Land, the Building and the Improvements (the Land, the Building, and the Improvements and all such easements and appurtenances are sometimes collectively hereinafter referred to as the “Real Property”);
(c) All personal property and fixtures (if any) owned by Seller and located on or upon the Building, the Land and Improvements (the “Personal Property”); and
(d) A non-exclusive license to use any trademarks and trade names used in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Trade Name”), together with Seller’s interest in and to any service contracts (collectively, the “Service Contracts”) as set forth on Exhibit B attached hereto, guarantees, licenses, entitlements, approvals, certificates, permits and warranties relating to the Property (as hereinafter defined), to the exte...
DESCRIPTION OF THE PROPERTY. A description of the property is set out in Schedule I of this Agreement.
DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following:
(a) The Land, together with the Improvements;
(b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B);
(c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;”
(d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and
(e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Rock Ridge Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.”
DESCRIPTION OF THE PROPERTY. I give Lender rights in the Property described in (A) through (G) below:
DESCRIPTION OF THE PROPERTY. The Property owned by Owner which is the subject of this Agreement is as follows:
2.01. A fee simple interest in those certain lots or parcels of land (the "Fee Parcels") in DeKalb County, Georgia, containing approximately 16 acres as more particularly described on Exhibit B attached hereto and a leasehold interest (the "Leasehold Interest") in approximately 61 acres as more particularly described on Exhibit B-1 (hereinafter collectively called the "Land").
2.02. All of Owner's right, title and interest in and to all rights, privileges, and easements appurtenant to the Land, including all of Owner's water rights, rights-of-way, roadways, parking areas, roadbeds, alleyways and reversions or other appurtenances used in connection with the beneficial use of the Land.
2.03. All improvements and fixtures located on the Land owned by Owner including, without limitation, (i) all buildings located thereon containing an aggregate of approximately 1,200,000 square feet (hereinafter referred to as "Buildings"), if owned by Owner; (ii) any and all other structures and amenities currently located on the Land, if owned by Owner; and, (iii) all fixtures, apparatus, equipment, vaults, machinery and built-in appliances used in connection with the operation and occupancy of the Land such as heating and air conditioning systems, electrical systems, plumbing systems, sprinkler and other fire protection and life safety systems, refrigeration, ventilation, or other facilities or services on the Land, if owned by Owner (all of which are together hereinafter called the "Improvements"). It is specifically understood that such Improvements shall include all tenant alterations in the Buildings as of the Closing to the extent such alterations are or become the property of the landlord under the leases in effect with respect to the Buildings.
2.04. All personal property located on or in or used exclusively in connection with the Land, Buildings and Improvements and owned by Owner and used or usable in the operation of the Property (as defined below) including, without limitation, fittings, appliances, shades, wall-to-wall carpet, draperies, screens and screening, awnings, plants, shrubbery, landscaping, furniture, furnishings, office equipment, lawn care and building maintenance equipment, furniture, computers, wall decorations, art work and other furnishings or items of personal property used or usable in connection with the ownership and operation of the Improvements, including the ...
DESCRIPTION OF THE PROPERTY. The Property to be managed under this Agreement is more fully 45 described on Exhibit A attached hereto.
DESCRIPTION OF THE PROPERTY. Lessor represents that it is the owner of 17 unpatented lode mining claims situated in Shoshone County, Idaho, as described on Exhibit A which by this reference is made a part of this Lease.
