Disbursement Requests. Each request by Borrower for disbursement from the Replacement Reserve Account or the Repairs Escrow Account must be in writing, must specify the Replacement or Repair for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(9)), and must: (A) if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category; (B) if applicable, specify the cost of all contracted labor or other services involved in the Replacement or Repair for which such request for disbursement is made; (C) if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided; (D) include evidence of payment of such Replacement or Repair satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair or Replacement as provided in this Loan Agreement); and (E) contain a certification by Borrower that the Repair or Replacement has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement.
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Samples: Multifamily Loan and Security Agreement (Bluerock Residential Growth REIT, Inc.), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Disbursement Requests. Each request by Borrower for disbursement from the Replacement Reserve Account or the Repairs a Reserve/Escrow Account must be in writingAccount, which disbursement request must specify the Replacement items of Replacement, Repairs, or Repair Restoration for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(9)), and must:
(A) : if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) ; if applicable, specify the cost of all contracted labor or other services services, including architectural services, involved in the Replacement Replacement, Repair, or Repair Restoration for which such request for disbursement is made;
(C) ; if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) ; include evidence of payment of such Replacement Replacement, Repair, or Repair Restoration satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair Repair, Replacement, or Replacement Restoration item as provided in this Loan Agreement); and
(E) if applicable, contain a certification by Borrower and, if applicable (and if reasonably requested by Lender), from Master Lessee that the Repair Repair, Replacement, or Replacement Restoration has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules rules, and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement; and if applicable, include evidence that any certificates of occupancy required by applicable laws or any Governmental Authority have been issued. Conditions to Disbursement. In addition to each disbursement request and information required in connection with such disbursement request, Lender may require any or all of the following at the expense of Borrower as a condition to disbursement of Reserve/Escrow Account Funds (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(9)): an inspection by Lender of the Mortgaged Property and the applicable Replacement, Repair, or Restoration item; an inspection or certificate of completion by an appropriate independent qualified professional (such as an architect, engineer or property inspector, depending on the nature of the Repair, Replacement, or Restoration) selected by Lender; either: a search of title to the Mortgaged Property effective to the date of disbursement; or a “date-down” endorsement to Lender’s Title Policy (or a new Lender’s Title Policy if a “date-down” is not available) extending the effective date of such policy to the date of disbursement, and showing no Liens other than Permitted Encumbrances, liens which Borrower is diligently contesting in good faith that have been bonded off to the satisfaction of Lender, or mechanics’ or materialmen’s liens which attach automatically under the laws of any Governmental Authority upon the commencement of any work upon, or delivery of any materials to, the Mortgaged Property and for which Borrower is not delinquent in the payment for any such work or materials; and an acknowledgement of payment, waiver of claims, and release of lien for work performed and materials supplied from each contractor, subcontractor or materialman in accordance with the requirements of applicable law and covering all work performed and materials supplied (including equipment and fixtures) for the Mortgaged Property by that contractor, subcontractor, or materialman through the date covered by the disbursement request (or, in the event that payment to such contractor, subcontractor, or materialman is to be made by a joint check, the release of lien shall be effective through the date covered by the previous disbursement).
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Disbursement Requests. Each request by Borrower for disbursement from the Replacement Reserve Account or the Repairs Escrow Account must be in writing, must specify the Replacement or Repair for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(9) (Replacements and Repairs Other than Required Replacements or Required Repairs)), and must:
(A) if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) if applicable, specify the cost of all contracted labor or other services involved in the Replacement or Repair for which such request for disbursement is made;
(C) if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) include evidence of payment of such Replacement or Repair satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair or Replacement as provided in this Loan Master Agreement); and
(E) contain a certification by Borrower that the Repair or Replacement has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules and regulations of any Governmental Authority having jurisdiction over the Mortgaged PropertyApplicable Law, and otherwise in accordance with the provisions of this Loan Master Agreement.
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Samples: Master Credit Facility Agreement (Steadfast Apartment REIT, Inc.)
Disbursement Requests. Each request by Borrower for disbursement from the Replacement Reserve Account or the Repairs Escrow Account must be in writing, must specify the Replacement or Repair for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(9) (Replacements and Repairs Other than Required Replacements or Required Repairs)), and must:
(A) if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) if applicable, specify the cost of all contracted labor or other services involved in the Replacement or Repair for which such request for disbursement is made;
(C) if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) include evidence of payment of such Replacement or Repair satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair or Replacement as provided in this Loan Master Agreement); and
(E) contain a certification by Borrower and, if applicable (and if reasonably requested by Lender), from Property Operator that the Repair or Replacement has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules and regulations of any Governmental Authority having jurisdiction over the Mortgaged PropertyApplicable Law, and otherwise in accordance with the provisions of this Loan Master Agreement.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Brookdale Senior Living Inc.)
Disbursement Requests. Each Borrower must submit a disbursement request by Borrower in writing for each disbursement from the Replacement Reserve Account or the Repairs a Reserve/Escrow Account must be in writingAccount, which disbursement request must specify the Replacement items of Replacement, Repairs, or Repair Restoration for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(913.2(yyyyy)(23)), and must:
(A) : if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) ; if applicable, specify the cost of all contracted labor or other services services, including architectural services, involved in the Replacement Replacement, Repair, or Repair Restoration for which such request for disbursement is made;
(C) ; if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) ; include evidence of payment of such Replacement Replacement, Repair, or Repair Restoration satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair Repair, Replacement, or Replacement Restoration item as provided in this Loan Agreement); and
(E) if applicable, contain a certification by Borrower that the Repair Repair, Replacement, or Replacement Restoration has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules rules, and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement; and if applicable, include evidence that any certificates of occupancy required by applicable laws or any Governmental Authority have been issued. Conditions to Disbursement. In addition to each disbursement request and information required in connection with such disbursement request, Lender may require any or all of the following at the expense of Borrower as a condition to disbursement of Reserve/Escrow Account Funds (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.2(yyyyy)(23)): an inspection by Lender of the Mortgaged Property and the applicable Replacement, Repair, or Restoration item; an inspection or certificate of completion by an appropriate independent qualified professional (such as an architect, engineer or property inspector, depending on the nature of the Repair, Replacement, or Restoration) selected by Lender; either: a search of title to the Mortgaged Property effective to the date of disbursement; or a “date-down” endorsement to Lender’s Title Policy (or a new Lender’s Title Policy if a “date-down” is not available) extending the effective date of such policy to the date of disbursement, and showing no Liens other than Permitted Encumbrances, liens which Borrower is diligently contesting in good faith that have been bonded off to the satisfaction of Lender, or mechanics’ or materialmen’s liens which attach automatically under the laws of any Governmental Authority upon the commencement of any work upon, or delivery of any materials to, the Mortgaged Property and for which Borrower is not delinquent in the payment for any such work or materials; and an acknowledgement of payment, waiver of claims, and release of lien for work performed and materials supplied from each contractor, subcontractor or materialman in accordance with the requirements of applicable law and covering all work performed and materials supplied (including equipment and fixtures) for the Mortgaged Property by that contractor, subcontractor, or materialman through the date covered by the disbursement request (or, in the event that payment to such contractor, subcontractor, or materialman is to be made by a joint check, the release of lien shall be effective through the date covered by the previous disbursement).
Appears in 1 contract
Samples: Loan and Security Agreement
Disbursement Requests. Each request by Borrower for disbursement from the Replacement Reserve Account or the Repairs Escrow Account must be in writing, must specify the Replacement or Repair for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(9)), and must:
(A) if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) if applicable, specify the cost of all contracted labor or other services involved in the Replacement or Repair for which such request for disbursement is made;
(C) if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) include evidence of payment of such Replacement or Repair satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair or Replacement as provided in this Loan Agreement); and
(E) contain a certification by Borrower that the Repair or Replacement has been completed lien free and in a good and workmanlike mannermanner (or such other evidence that Borrower is diligently contesting any such liens which have been bonded off to the satisfaction of Lender), in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Disbursement Requests. Each Borrower must submit a disbursement request by Borrower in writing for each disbursement from the Replacement Reserve Account or the Repairs a Reserve/Escrow Account must be in writingAccount, which disbursement request must specify the Replacement items of Replacement, Repairs, or Repair Restoration for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(913.2(oooooo)(25)), and must:
(A) : if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) ; if applicable, specify the cost of all contracted labor or other services services, including architectural services, involved in the Replacement Replacement, Repair, or Repair Restoration for which such request for disbursement is made;
(C) ; if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) ; include evidence of payment of such Replacement Replacement, Repair, or Repair Restoration satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair Repair, Replacement, or Replacement Restoration item as provided in this Loan Agreement); and
(E) if applicable, contain a certification by Borrower and, if applicable (and if reasonably requested by Lender), from Property Operator that the Repair Repair, Replacement, or Replacement Restoration has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules rules, and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement; and if applicable, include evidence that any certificates of occupancy required by applicable laws or any Governmental Authority have been issued. Conditions to Disbursement. In addition to each disbursement request and information required in connection with such disbursement request, Lender may require any or all of the following at the expense of Borrower as a condition to disbursement of Reserve/Escrow Account Funds (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.2(oooooo)(25)): an inspection by Lender of the Mortgaged Property and the applicable Replacement, Repair, or Restoration item; an inspection or certificate of completion by an appropriate independent qualified professional (such as an architect, engineer or property inspector, depending on the nature of the Repair, Replacement, or Restoration) selected by Lender; either: a search of title to the Mortgaged Property effective to the date of disbursement; or a “date-down” endorsement to Lender’s Title Policy (or a new Lender’s Title Policy if a “date-down” is not available) extending the effective date of such policy to the date of disbursement, and showing no Liens other than Permitted Encumbrances, liens which Borrower is diligently contesting in good faith that have been bonded off to the satisfaction of Lender, or mechanics’ or materialmen’s liens which attach automatically under the laws of any Governmental Authority upon the commencement of any work upon, or delivery of any materials to, the Mortgaged Property and for which Borrower is not delinquent in the payment for any such work or materials; and an acknowledgement of payment, waiver of claims, and release of lien for work performed and materials supplied from each contractor, subcontractor or materialman in accordance with the requirements of applicable law and covering all work performed and materials supplied (including equipment and fixtures) for the Mortgaged Property by that contractor, subcontractor, or materialman through the date covered by the disbursement request (or, in the event that payment to such contractor, subcontractor, or materialman is to be made by a joint check, the release of lien shall be effective through the date covered by the previous disbursement).
Appears in 1 contract
Disbursement Requests. Each Borrower must submit a disbursement request by Borrower in writing for each disbursement from the Replacement Reserve Account or the Repairs a Reserve/Escrow Account must be in writingAccount, which disbursement request must specify the Replacement items of Replacement, Repairs, or Repair Restoration for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(913.2(yyyyy)(22)), and must:
(A) : if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) ; if applicable, specify the cost of all contracted labor or other services services, including architectural services, involved in the Replacement Replacement, Repair, or Repair Restoration for which such request for disbursement is made;
(C) ; if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) ; include evidence of payment of such Replacement Replacement, Repair, or Repair Restoration satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair Repair, Replacement, or Replacement Restoration item as provided in this Loan Agreement); and
(E) if applicable, contain a certification by Borrower that the Repair Repair, Replacement, or Replacement Restoration has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules rules, and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement; and if applicable, include evidence that any certificates of occupancy required by applicable laws or any Governmental Authority have been issued. Conditions to Disbursement. In addition to each disbursement request and information required in connection with such disbursement request, Lender may require any or all of the following at the expense of Borrower as a condition to disbursement of Reserve/Escrow Account Funds (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.2(yyyyy)(22)): an inspection by Lender of the Mortgaged Property and the applicable Replacement, Repair, or Restoration item; an inspection or certificate of completion by an appropriate independent qualified professional (such as an architect, engineer or property inspector, depending on the nature of the Repair, Replacement, or Restoration) selected by Lender; either: a search of title to the Mortgaged Property effective to the date of disbursement; or a “date-down” endorsement to Lender’s Title Policy (or a new Lender’s Title Policy if a “date-down” is not available) extending the effective date of such policy to the date of disbursement, and showing no Liens other than Permitted Encumbrances, liens which Borrower is diligently contesting in good faith that have been bonded off to the satisfaction of Lender, or mechanics’ or materialmen’s liens which attach automatically under the laws of any Governmental Authority upon the commencement of any work upon, or delivery of any materials to, the Mortgaged Property and for which Borrower is not delinquent in the payment for any such work or materials; and an acknowledgement of payment, waiver of claims, and release of lien for work performed and materials supplied from each contractor, subcontractor or materialman in accordance with the requirements of applicable law and covering all work performed and materials supplied (including equipment and fixtures) for the Mortgaged Property by that contractor, subcontractor, or materialman through the date covered by the disbursement request (or, in the event that payment to such contractor, subcontractor, or materialman is to be made by a joint check, the release of lien shall be effective through the date covered by the previous disbursement).
Appears in 1 contract
Disbursement Requests. Each Borrower must submit a disbursement request by Borrower in writing for each disbursement from the Replacement Reserve Account or the Repairs a Reserve/Escrow Account must be in writingAccount, which disbursement request must specify the Replacement items of Replacement, Repairs, or Repair Restoration for which reimbursement is requested (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.02(a)(913.2(aaaaaa)(22)), and must:
(A) : if applicable, specify the quantity and price of the items or materials purchased, grouped by type or category;
(B) ; if applicable, specify the cost of all contracted labor or other services services, including architectural services, involved in the Replacement Replacement, Repair, or Repair Restoration for which such request for disbursement is made;
(C) ; if applicable, include copies of invoices for all items or materials purchased and all contracted labor or services provided;
(D) ; include evidence of payment of such Replacement Replacement, Repair, or Repair Restoration satisfactory to Lender (unless Lender has agreed to issue joint checks in connection with a particular Repair Repair, Replacement, or Replacement Restoration item as provided in this Loan Agreement); and
(E) if applicable, contain a certification by Borrower that the Repair Repair, Replacement, or Replacement Restoration has been completed lien free and in a good and workmanlike manner, in accordance with any plans and specifications previously approved by Lender (if applicable) and in compliance with all applicable laws, ordinances, rules rules, and regulations of any Governmental Authority having jurisdiction over the Mortgaged Property, and otherwise in accordance with the provisions of this Loan Agreement; and if applicable, include evidence that any certificates of occupancy required by applicable laws or any Governmental Authority have been issued. Conditions to Disbursement. In addition to each disbursement request and information required in connection with such disbursement request, Lender may require any or all of the following at the expense of Borrower as a condition to disbursement of Reserve/Escrow Account Funds (provided that for any Borrower Requested Replacements, Borrower Requested Repairs, Additional Lender Replacements, and Additional Lender Repairs, Lender shall have approved the use of the Reserve/Escrow Account Funds for such replacements or repairs pursuant to the terms of Section 13.2(aaaaaa)(22)): an inspection by Lender of the Mortgaged Property and the applicable Replacement, Repair, or Restoration item; an inspection or certificate of completion by an appropriate independent qualified professional (such as an architect, engineer or property inspector, depending on the nature of the Repair, Replacement, or Restoration) selected by Lender; either: a search of title to the Mortgaged Property effective to the date of disbursement; or a “date-down” endorsement to Lender’s Title Policy (or a new Lender’s Title Policy if a “date-down” is not available) extending the effective date of such policy to the date of disbursement, and showing no Liens other than Permitted Encumbrances, liens which Borrower is diligently contesting in good faith that have been bonded off to the satisfaction of Lender, or mechanics’ or materialmen’s liens which attach automatically under the laws of any Governmental Authority upon the commencement of any work upon, or delivery of any materials to, the Mortgaged Property and for which Borrower is not delinquent in the payment for any such work or materials; and an acknowledgement of payment, waiver of claims, and release of lien for work performed and materials supplied from each contractor, subcontractor or materialman in accordance with the requirements of applicable law and covering all work performed and materials supplied (including equipment and fixtures) for the Mortgaged Property by that contractor, subcontractor, or materialman through the date covered by the disbursement request (or, in the event that payment to such contractor, subcontractor, or materialman is to be made by a joint check, the release of lien shall be effective through the date covered by the previous disbursement).
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