No Labor or Materialmen Claims. All parties furnishing labor and materials have been paid in full and, except for such liens or claims insured against by the policy of title insurance to be issued in connection with the Loan, there are no mechanics', laborers' or materialmens' liens or claims outstanding for work, labor or materials affecting the Trust Property, whether prior to, equal with or subordinate to the lien of the Deed of Trust.
No Labor or Materialmen Claims. Except for those improvements and other work performed in the ordinary course of business with respect to which any applicable payments are not more than sixty (60) days past due, to Borrower’s knowledge, all parties furnishing labor and materials for which payment is due and payable as of the date hereof have been paid in full and, except for such liens or claims insured against by the policy of title insurance to be issued in connection with the Loan, there are no mechanics’, laborers’ or materialmens’ liens or claims outstanding for work, labor or materials affecting the Property, whether prior to, equal with or subordinate to the lien of the Mortgage.
No Labor or Materialmen Claims. All parties furnishing labor and materials to Borrower or the Property (on behalf of Borrower) have been paid in full (or will be paid in the ordinary course of business, provided that the amount due such parties are not due and payable as of the date hereof) and, except for such liens or claims expressly disclosed in, and insured against by the Title Insurance Policy, there are no mechanics’, laborers’ or materialmen’s liens or claims outstanding for work, labor or materials affecting the Property, whether prior to, equal with or subordinate to the lien of the Mortgage.
No Labor or Materialmen Claims. All parties furnishing labor and materials have been paid in full and, except for any work in progress for which payment is not yet due or for such liens or claims insured against by the policy of title insurance to be issued in connection with the Loan, there are no mechanics', laborers' or materialmen's liens or claims outstanding for work, labor or materials affecting the Property, whether prior to, equal with or subordinate to the lien of the Security Instrument.
No Labor or Materialmen Claims. Except for those improvements and other work performed in the ordinary course of business with respect to which any applicable payments are not more than 60 days past due, all parties furnishing labor and materials for which payment is due and payable as of the date hereof have been paid in full and, except for such liens or claims insured against by the policy of title insurance to be issued in connection with the Loans, there are no mechanics', laborers' or materialmens' liens or claims outstanding for work, labor or materials affecting the Trust Property, whether prior to, equal with or subordinate to the lien of the Deed of Trust.
No Labor or Materialmen Claims. All parties furnishing labor and materials on behalf of Mortgagor have been paid in full and, except for such liens or claims insured against by the Mortgagee’s Title Policy to be issued in connection with this Mortgage, and there are no mechanics’, laborers’ or materialmen’s liens or claims outstanding for work, labor or materials affecting the Property, whether prior to, equal with or subordinate to the lien of this Mortgage.
No Labor or Materialmen Claims. All parties furnishing labor and materials have been paid in full and, except for such liens or claims insured against by the policy of title insurance to be issued in connection with the Loan, there are no mechanics', laborers' or materialmens' liens or claims outstanding for work, labor or materials affecting the Marathon Key Resort, whether prior to, equal with or subordinate to the lien of the Marathon Key Resort Mortgage. Borrower may, in good faith, and by proper legal proceedings, diligently pursued, contest the validity, amount or application of any mechanics', laborers' or materialmens' liens or claims outstanding for work, labor or materials affecting the Marathon Key Resort, provided, however, that in each case, at the time of the commencement of any such action or proceeding, and during the pendency of such action or proceeding (i) adequate reserves with respect thereto are maintained on the books of Borrower in accordance with GAAP, (ii) such contest operates to suspend collection or enforcement, as the case may be, of the contested amount and such contest is maintained and prosecuted continuously and with diligence, and (iii) Borrower shall deliver to TFC cash or surety bond, or otherwise remove the lien to bond in accordance with the provisions of Chapter 713 of the Florida Statutes, in an amount equal to one hundred twenty-five percent (125%) of the amounts being contested which exceed $100,000 (subject to a credit for any funds then held by TFC for such purposes) in the aggregate and any estimated additional interest, charge or penalty arising from such contest. Any cash so delivered shall constitute additional security for the Loan. Borrower shall execute such instruments as TFC shall require to evidence TFC's perfected first priority security interest therein and to effectuate the provisions hereof. If, prior to the occurrence of an Event of Default, Borrower shall provide evidence satisfactory to TFC, in its reasonable judgment, that Borrower has paid the disputed amount, or otherwise settled the same and paid any amount to be paid under such settlement, or that Borrower has received a final unappealable judgment in its favor that it need not pay any disputed amount, together with a certificate from Borrower confirming the foregoing, then TFC shall return any cash deposited with TFC with respect to such disputed amount. If Borrower ceases to contest continuously and with due diligence any contest described above, or fails to provide TFC...
No Labor or Materialmen Claims. All parties furnishing labor and materials have been paid in full or the obligations of the Obligors with respect thereto have not been outstanding longer than ninety (90) days, and, except for such liens or claims insured against by the policy of title insurance to be issued in connection with the Notes, there are no mechanics’, laborers’ or materialmens’ liens or claims outstanding for work, labor or materials affecting the Mortgaged Property, whether prior to, equal with or subordinate to the lien of any Mortgage.
