No Encroachments. Except as shown on the Survey, to the best knowledge of Borrower, (i) all of the Improvements which were included in determining the appraised value of each Mortgaged Property lie wholly within the boundaries and building restriction lines of each Mortgaged Property, (ii) no improvements on adjoining properties encroach upon any Mortgaged Property, (iii) no Improvements encroach upon any easements or other encumbrances affecting the Mortgaged Property, and (iv) all of the Improvements comply with all material requirements of any applicable zoning and subdivision laws and ordinances.
Appears in 14 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
No Encroachments. Except as shown on the Survey, to the best knowledge of Borrower, (i) all of the Improvements which were included in determining the appraised value of each Mortgaged the Property lie wholly within the boundaries and building restriction lines of each Mortgaged the Property, (ii) no improvements on adjoining properties encroach upon any Mortgaged the Property, (iii) no Improvements encroach upon any easements or other encumbrances affecting upon the Mortgaged PropertyProperty encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of the Property and (iv) all of the Improvements comply with all material requirements of any applicable zoning and subdivision laws and ordinances.
Appears in 2 contracts
Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (American Financial Realty Trust)
No Encroachments. Except as shown on the SurveySurveys, to the best knowledge Knowledge of Borrower, (i) all of the Improvements which were included in determining the appraised value of each Mortgaged Property lie wholly within the boundaries and building restriction lines of each Mortgaged Property, (ii) no improvements on adjoining properties encroach upon any Mortgaged Property, (iiiii) no Improvements encroach upon any easements or other encumbrances affecting upon any Mortgaged Property encroach upon any of the improvements on such Mortgaged Property, in the case of (i) and (ivii), the aforementioned conditions in this clause do not materially and adversely affect the value or marketability of such Mortgaged Property and (iii) all of the Improvements improvements on the Mortgaged Properties comply with all material requirements of any applicable zoning and subdivision laws and ordinances.
Appears in 2 contracts
Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (NMHG Holding Co)
No Encroachments. Except To the Actual Knowledge of the Borrower, except as shown on the Survey, to the best knowledge of Borrower, (i) all of the Improvements which were included in determining the appraised value of each Mortgaged Property lie wholly within the boundaries and building restriction lines of each the Mortgaged Property, (ii) no improvements on adjoining properties encroach upon any the Mortgaged Property, (iii) no Improvements encroach upon any easements or other encumbrances affecting upon the Mortgaged PropertyProperty encroach upon any of the Improvements, so as to affect the value or marketability of the Mortgaged Property except those which are insured against by title insurance; and (iv) all of the Improvements comply with all material requirements of any applicable zoning and subdivision laws and ordinances.
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