Common use of Easements; Utilities and Public Access Clause in Contracts

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 5 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

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Easements; Utilities and Public Access. All To Borrower’s Knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy Policies and are in full force and effect without default thereunder. The Each Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it such Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the each Property are are, to Borrower’s Knowledge, located in the public right-of-way abutting the such Property, and and, to Borrower’s Knowledge, all such utilities are connected so as to serve the such Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of the each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and and, to Borrower’s Knowledge, are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it the Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (New York REIT, Inc.), Loan Agreement (New York REIT, Inc.)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”)interests, if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it the Property for its intended usesuses or will have upon the completion of the development and/or construction of the Property. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (United Realty Trust Inc)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”"EASEMENTS"), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the applicable Title Insurance Policy and and, to Borrower's best knowledge, are in full force and effect without default thereunder. The Each Individual Property has rights of access 345 to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it such Individual Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the each Individual Property are located in the public right-of-way abutting the such Individual Property, and all such utilities are connected so as to serve the such Individual Property without passing over other property absent a valid easement. All roads necessary for the use of the each Individual Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Horizon Group Properties Inc)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”"EASEMENTS"), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the applicable Title Insurance Policy and and, to Borrower's best knowledge, are in full force and effect without default thereunder. The Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it such Individual Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the each Individual Property are located in the public right-of-way abutting the such Individual Property, and all such utilities are connected so as to serve the such Individual Property without passing over other property absent a valid easement. All roads necessary for the use of the each Individual Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Easements; Utilities and Public Access. All To Borrower’s knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it the Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Condor Hospitality Trust, Inc.)

Easements; Utilities and Public Access. All To Borrower’s actual knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it the Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary (in the reasonable judgment of Borrower) for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Hines Global REIT, Inc.)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, Table of Contents “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and to Borrower’s knowledge, are in full force and effect without default thereunder. The Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to To Borrower’s knowledge, all public utilities necessary or convenient to the full use and enjoyment of the each Individual Property are located in the public right-of-way abutting the such Individual Property, and all such utilities are connected so as to serve the each Individual Property without passing over other property absent a valid easement. All roads necessary for the use of the each Individual Property for its current purpose have been completed and to Borrower’s knowledge, dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Strategic Realty Trust, Inc.)

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Easements; Utilities and Public Access. All To Borrower’s Knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.Authorities 30

Appears in 1 contract

Samples: Loan Agreement (Hines Global REIT, Inc.)

Easements; Utilities and Public Access. All To Borrower’s knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Each Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it the Property for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the each Property are are, to Borrower’s knowledge, located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Easements; Utilities and Public Access. All To the Company's knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, "Easements"), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The To the Company's knowledge, the Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on To the Survey, to Borrower’s Company's knowledge, all public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All To the Company's knowledge, all roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Netreit, Inc.)

Easements; Utilities and Public Access. All To Borrowers’ knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy Policies and are in full force and effect without default thereunder. The Each Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s To Borrowers’ knowledge, all public utilities necessary or convenient to the full use and enjoyment of the each Property are located in the public right-of-way abutting the such Property, and all such utilities are connected so as to serve the such Property without passing over other property absent a valid easement. All To Borrowers’ knowledge, all roads necessary for the use of the each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Easements; Utilities and Public Access. All To the best of Borrower’s knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, all All public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Easements; Utilities and Public Access. All Subject to Permitted Encumbrances, (a) all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policy and are in full force and effect without default thereunder. The , (b) the Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service it for its intended uses. Except as disclosed on the Survey, to Borrower’s knowledge, (c) all public utilities necessary or convenient to the full use and enjoyment of the Property are located in the public right-of-way abutting the Property, and all such utilities are connected so as to serve the Property without passing over other property absent a valid easement. All easement and (d) all roads necessary for the use of the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Term Loan Agreement (New York City REIT, Inc.)

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