Common use of Estoppel Certificates and No Default Affidavits Clause in Contracts

Estoppel Certificates and No Default Affidavits. (a) After written request by Beneficiary, Trustor, within ten (10) days, shall furnish Beneficiary or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, no Events of Default or events which, with the passage of time or the giving of notice or both, would constitute an Event of Default exist under any of the Loan Documents that is then continuing, (vii) that, except as expressly set forth in such statement, all representations and warranties of Trustor set forth herein and in the other Loan Documents are true and correct in all material respects as of the date of such statement, (viii) that the Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ix) whether any offsets or defenses exist against the Debt or Obligations and, if any are alleged to exist, a detailed description thereof, (x) that all Leases are in full force and effect and (provided the Improvements are not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xi) the date to which the Rents thereunder have been paid pursuant to the Leases, (xii) whether or not, to the best knowledge of Trustor, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in material default, setting forth the specific nature of all such material defaults, (xiii) the amount of security deposits held by Trustor under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiv) as to any other matters reasonably requested by Beneficiary and reasonably related to the Leases, the Debt and Obligations, the Trust Property or this Deed of Trust.

Appears in 2 contracts

Samples: Property Management Agreement (Republic Property Trust), Security Agreement and Fixture Filing (Republic Property Trust)

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Estoppel Certificates and No Default Affidavits. (a) After Within twenty (20) days after written request by BeneficiaryMortgagee, Trustor, within ten (10) days, Mortgagor shall furnish Beneficiary Mortgagee or any proposed assignee of Mortgagee's interests in the Loan with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date Maturity Date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, no Events of Default or events which, with the passage of time or the giving of notice or both, would constitute an Event of Default exist exists under any of the Loan Documents that is then continuingDocuments, (vii) that, except as expressly set forth in such statement, all representations and warranties of Trustor Mortgagor set forth herein and in the other Loan Documents are true and correct in all material respects as of the date of such statement, (viii) that the Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ix) whether any offsets or defenses exist against the Debt or Obligations and, if any are alleged to exist, a detailed description thereof, (x) that all Leases are the Aurora Lease (and any other Lease) is in full force and effect and (provided the Improvements are not a residential multifamily property) have has not been modified (or if modified, setting forth all modifications), (xi) the date to which the Rents thereunder have been paid pursuant to the LeasesAurora Lease (or any other Lease), (xii) whether or not, to the best knowledge of TrustorMortgagor, any of the lessees under the Leases are Aurora is in default under the LeasesAurora Lease (or any tenant under any other Lease), and, if Aurora (or any of the lessees are other tenant) is in material default, setting forth the specific nature of all such material defaults, (xiii) the amount of security deposits held by Trustor Mortgagor under each any Lease and that such amounts are consistent with the amounts required under each such Lease, and (xiv) as to any other matters reasonably requested by Beneficiary Mortgagee and reasonably related to the LeasesAurora Lease (and any other Lease), the Debt and Obligations, the Trust Mortgaged Property or this Deed Mortgage. Gxxxxxx Sxxxx Commercial Mortgage Capital Mortgage, Assignment of Trust.Rents, Security Agreement and Fixture Filing- 53 - Two Rxxxxx Xxxxxx Healthcare Clinic

Appears in 1 contract

Samples: Security Agreement and Fixture (American Realty Capital Healthcare Trust Inc)

Estoppel Certificates and No Default Affidavits. (a) After Within twenty (20) days after written request by BeneficiaryMortgagee, Trustor, within ten (10) days, Mortgagor shall furnish Beneficiary Mortgagee or any proposed assignee of Mortgagee's interests in the Loan with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date Maturity Date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, no Events of Default or events which, with the passage of time or the giving of notice or both, would constitute an Event of Default exist exists under any of the Loan Documents that is then continuingDocuments, (vii) that, except as expressly set forth in such statement, all representations and warranties of Trustor Mortgagor set forth herein and in the other Loan Documents are true and correct in all material respects as of the date of such statement, (viii) that the Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ix) whether any offsets or defenses exist against the Debt or Obligations and, if any are alleged to exist, a detailed description thereof, (x) that all Leases are the Aurora Lease (and any other Lease) is in full force and effect and (provided the Improvements are not a residential multifamily property) have has not been modified (or if modified, setting forth all modifications), (xi) the date to which the Rents thereunder have been paid pursuant to the LeasesAurora Lease (or any other Lease), (xii) whether or not, to the best knowledge of TrustorMortgagor, any of the lessees under the Leases are Aurora is in default under the LeasesAurora Lease (or any tenant under any other Lease), and, if Aurora (or any of the lessees are other tenant) is in material default, setting forth the specific nature of all such material defaults, (xiii) the amount of security deposits held by Trustor Mortgagor under each any Lease and that such amounts are consistent with the amounts required under each such Lease, and (xiv) as to any other matters reasonably requested by Beneficiary Mortgagee and reasonably related to the LeasesAurora Lease (and any other Lease), the Debt and Obligations, the Trust Mortgaged Property or this Deed of TrustMortgage.

Appears in 1 contract

Samples: Security Agreement and Fixture (American Realty Capital Healthcare Trust Inc)

Estoppel Certificates and No Default Affidavits. (a) After Within twenty (20) days after written request by BeneficiaryMortgagee, Trustor, within ten (10) days, Mortgagor shall furnish Beneficiary Mortgagee or any proposed assignee of Mortgagee's interests in the Loan with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms Xxxxxx of payment and maturity date Maturity Date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, no Events of Default or events which, with the passage of time or the giving of notice or both, would constitute an Event of Default exist exists under any of the Loan Documents that is then continuingDocuments, (vii) that, except as expressly set forth in such statement, all representations and warranties of Trustor Mortgagor set forth herein and in the other Loan Documents are true and correct in all material respects as of the date of such statement, (viii) that the Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ix) whether any offsets or defenses exist against the Debt or Obligations and, if any are alleged to exist, a detailed description thereof, (x) that all Leases are the Aurora Lease (and any other Lease) is in full force and effect and (provided the Improvements are not a residential multifamily property) have has not been modified (or if modified, setting forth all modifications), (xi) the date to which the Rents thereunder have been paid pursuant to the LeasesAurora Lease (or any other Lease), (xii) whether or not, to the best knowledge of TrustorMortgagor, any of the lessees under the Leases are Aurora is in default under the LeasesAurora Lease (or any tenant under any other Lease), and, if Aurora (or any of the lessees are other tenant) is in material default, setting forth the specific nature of all such material defaults, (xiii) the amount of security deposits held by Trustor Mortgagor under each any Lease and that such amounts are consistent with Xxxxxxx Xxxxx Commercial Mortgage Capital Mortgage, Assignment of Rents, Security Agreement and Fixture Filing- 53 - Neenah Aurora Healthcare Clinic the amounts required under each such Lease, and (xiv) as to any other matters reasonably requested by Beneficiary Mortgagee and reasonably related to the LeasesAurora Lease (and any other Lease), the Debt and Obligations, the Trust Mortgaged Property or this Deed of TrustMortgage.

Appears in 1 contract

Samples: Security Agreement and Fixture (American Realty Capital Healthcare Trust Inc)

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Estoppel Certificates and No Default Affidavits. (a) After written request by BeneficiaryXxxxxx, TrustorBorrower, within ten (10) days, shall furnish Beneficiary Lender or any proposed assignee with a statement, duly acknowledged and certified, setting forth (i) the original principal amount of the Note, (ii) the unpaid principal amount of the Note, (iii) the rate of interest of the Note, (iv) the terms of payment and maturity date of the Note, (v) the date installments of interest and/or principal were last paid, (vi) that, except as provided in such statement, no Events of Default or events which, with the passage of time or the giving of notice or both, would constitute an Event of Default exist under any of the Loan Documents that is then continuingDocuments, (vii) that, except as expressly set forth in such statement, all representations and warranties of Trustor Borrower set forth herein and in the other Loan Documents are true and correct in all material respects as of the date of such statement, (viii) that the Loan Documents are valid, legal and binding obligations and have not been modified or if modified, giving particulars of such modification, (ix) whether any offsets or defenses exist against the Debt or Obligations and, if any are alleged to exist, a detailed description thereof, (x) that all Leases are in full force and effect and (provided the Improvements are not a residential multifamily property) have not been modified (or if modified, setting forth all modifications), (xi) the date to which the Rents thereunder have been paid pursuant to the Leases, (xii) whether or not, to the best knowledge of TrustorBorrower, any of the lessees under the Leases are in default under the Leases, and, if any of the lessees are in material default, setting forth the specific nature of all such material defaults, (xiii) the amount of security deposits held by Trustor Borrower under each Lease and that such amounts are consistent with the amounts required under each Lease, and (xiv) as to any other matters reasonably requested by Beneficiary Xxxxxx and reasonably related to the Leases, the Debt and Obligations, the Trust Property or this Deed of TrustSecurity Deed.

Appears in 1 contract

Samples: Security Agreement (NNN Healthcare/Office REIT, Inc.)

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