Common use of Limitation Upon Encumbrance of Property Clause in Contracts

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 9 contracts

Samples: Redevelopment Agreement, Nebraska Redevelopment Agreement, Redevelopment Agreement

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Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Private Improvements by the City for the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Private Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 4 contracts

Samples: Façade Easement Agreement, Façade Easement Agreement, Façade Easement Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsNew Building, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper ImprovementsNew Building, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such the Project Site and Redeveloper ImprovementsNew Building, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsNew Building, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsNew Building. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper ImprovementsNew Building or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 3 contracts

Samples: Façade Easement Agreement, Façade Easement Agreement, 9th and O Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, Improvements and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 3 contracts

Samples: Disbursement Agreement, Disbursement Agreement, Disbursement Agreement

Limitation Upon Encumbrance of Property. Prior to issuance acceptance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site Redeveloper Property and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site Property and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsProject, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvementsthe Project. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. After substantial completion of the Project, Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site Redeveloper Property and Redeveloper ImprovementsPrivate Improvements or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site Redeveloper Property and Redeveloper Private Improvements or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site Redeveloper Property and Redeveloper Private Improvements or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 3 contracts

Samples: Redevelopment Agreement, Redevelopment Agreement, Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Private Improvements by the City for the Redeveloper ImprovementsCity, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Private Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Private Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, Private Improvements and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Private Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Private Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 2 contracts

Samples: Façade Easement Agreement, Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 2 contracts

Samples: Redevelopment Agreement, Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for any Phase of the Redeveloper Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court District Court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Easement Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsNew Buildings, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper ImprovementsNew Buildings, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper ImprovementsNew Buildings, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsNew Buildings, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsNew Buildings. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper ImprovementsNew Buildings or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Buildings or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Buildings or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Phase 1 Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsNew Building, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper ImprovementsNew Building, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper ImprovementsNew Building, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsNew Building, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsNew Building. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper ImprovementsNew Building or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Holdrege Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the RedeveloperDeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsPrivate Improvements for each Phase, neither Redeveloper Developer nor any successors in interest to Redeveloper Developer shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site applicable Phase and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site Phase and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Developer Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsDeveloper Improvements for said Phase. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper Prior to issuance of the Developer’s Certificate of Completion of Improvements by the City for the Private Improvements for each Phase, Developer or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site Phase and Redeveloper Developer Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site applicable Phase and Redeveloper Developer Improvements whether by voluntary act of Redeveloper Developer or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site a Phase and Redeveloper Developer Improvements and which is contested by RedeveloperDeveloper, then Redeveloper Developer may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsBuilding, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper ImprovementsBuilding, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such the Project Site and Redeveloper ImprovementsBuilding, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsBuilding, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsBuilding. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper ImprovementsBuilding or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements Building or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements Building or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Antelope Tower Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsNew Building, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper ImprovementsNew Building, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such the Project Site and Redeveloper ImprovementsNew Building, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsNew Building, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsNew Building. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, New Building or portions thereof and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

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Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for each project of the Redeveloper ImprovementsNew Housing, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the applicable Parcels of the Project Site and Redeveloper ImprovementsNew Housing, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site Parcels and Redeveloper ImprovementsNew Housing, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsNew Housing, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsNew Housing. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper ImprovementsNew Housing or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Housing or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Housing or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Antelope Square Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsCity, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, Improvements and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements Undertakings by the City for the Redeveloper ImprovementsCity, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Improvementsand/or the New Building, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper ImprovementsNew Building, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsUndertakings, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, New Building and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Building whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Building and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance acceptance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site Redeveloper Property and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site Property and Redeveloper Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Private Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Private Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site Redeveloper Property and Redeveloper ImprovementsPrivate Improvements or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site Redeveloper Property and Redeveloper Private Improvements or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site Redeveloper Property and Redeveloper Private Improvements or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Private Improvements by the City for any Phase of the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Improvements, Improvements and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Private Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Façade Easement Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Private Improvements by the City for the Redeveloper applicable Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the applicable Project Site and Redeveloper Improvementsapplicable Private Improvement, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the applicable Redeveloper Improvements, Undertakings and to finance, operate, maintain, repair, replace and insure said applicable Redeveloper ImprovementsUndertakings. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper applicable Private Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper applicable Private Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper or applicable Private Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Private Improvements by the City for the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site Redeveloper’s condominium unit and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site Redeveloper’s condominium unit and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Private Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Private Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site Redeveloper’s condominium unit and Redeveloper Private Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site Redeveloper’s condominium unit and Redeveloper Private Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site Redeveloper’s condominium unit and Redeveloper Private Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Redevelopment Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s 's Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper ImprovementsNew Building, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper ImprovementsNew Building, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such the Project Site and Redeveloper ImprovementsNew Building, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper ImprovementsNew Building, and to finance, operate, maintain, repair, replace and insure said Redeveloper ImprovementsNew Building. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper ImprovementsNew Building or portions thereof, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Improvements New Building or portions thereof and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Facade Easement Agreement

Limitation Upon Encumbrance of Property. Prior to issuance of the Redeveloper’s Certificate of Completion of Redeveloper Improvements by the City for the Redeveloper Private Improvements, neither Redeveloper nor any successors in interest to Redeveloper shall engage in any financing or any other transaction creating any mortgage or any other monetary encumbrance or monetary lien upon the Project Site and Redeveloper Private Improvements, whether by express agreement or operation of law, or suffer any monetary encumbrance or monetary lien to be made on or attached to such Project Site and Redeveloper Private Improvements, except for the purposes of obtaining funds only to the extent necessary to construct and develop the Redeveloper Private Improvements, and to finance, operate, maintain, repair, replace and insure said Redeveloper Private Improvements. All such mortgages, financial encumbrances, or monetary liens shall be subject to the terms and conditions of this Redevelopment Agreement and shall be recorded in the appropriate public records in a timely manner following their execution. Redeveloper or any successors in interest shall notify the City in advance of any additional financing secured by mortgage or similar lien instrument that it proposes to enter into with respect to the Project Site and Redeveloper Private Improvements, and shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Project Site and Redeveloper Private Improvements whether by voluntary act of Redeveloper or otherwise. Notwithstanding the above, if any involuntary encumbrance or lien is made on or attached to the Project Site and Redeveloper Private Improvements and which is contested by Redeveloper, then Redeveloper may defend against such encumbrance or lien, provided that a sufficient bond or security is posted with the Clerk of the district court pursuant to Neb. Rev. Stat. § 52-142 to avoid or prevent foreclosure of such encumbrance or lien.

Appears in 1 contract

Samples: Haymarket Redevelopment Agreement

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