No Mortgagee Obligations. (a) Notwithstanding the provisions of Subsections 1.1(i) and (n) or Section 1.2, Mortgagee is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and other documents. (b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Mortgagee and/or Lenders pursuant to this Security Instrument, the Loan Agreement, the Note or the other Loan Documents, including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Mortgagee nor any Lender shall be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Mortgagee.
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Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Building Associates L.L.C.)
No Mortgagee Obligations. (a) Notwithstanding the provisions of Subsections 1.1(i1.01(h) and (nm) or Section 1.21.02, Mortgagee is not undertaking the performance of (i) any obligations under the Leases; , or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents.
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Mortgagee and/or Lenders pursuant to this Security InstrumentMortgage, the Loan Agreement, the Note or the other Loan Documents, including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Mortgagee nor any Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Mortgagee.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents and Security Agreement (New York REIT, Inc.), Mortgage, Assignment of Leases and Rents, Hotel Revenue and Security Agreement (Morgans Hotel Group Co.)
No Mortgagee Obligations. (a) Notwithstanding the provisions of Subsections 1.1(i1.1(h) and (nm) or Section 1.2, Mortgagee is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents.
(ba) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Mortgagee and/or Lenders pursuant to this Security Instrument, the Building Loan Agreement, the Building Loan Note or the other Building Loan Documents, including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Mortgagee nor any Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Mortgagee.
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Samples: Mortgage Agreement (KBS Real Estate Investment Trust, Inc.)
No Mortgagee Obligations. (a) Notwithstanding the provisions of Subsections 1.1(i1.1(h) and (nm) or Section 1.2, Mortgagee is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents.
(ba) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Mortgagee and/or Lenders pursuant to this Security Instrument, the Project Loan Agreement, the Project Loan Note or the other Project Loan Documents, including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Mortgagee nor any Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Mortgagee.
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No Mortgagee Obligations. (a) Notwithstanding the provisions of Subsections 1.1(i1.1(h) and (nm) or Section 1.2, Mortgagee is not undertaking the performance of (i) any obligations under the Leases; or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents.
(ba) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Mortgagee and/or Lenders pursuant to this Security Instrument, the Senior Loan Agreement, the Senior Loan Note or the other Senior Loan Documents, including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Mortgagee nor any Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Mortgagee.
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No Mortgagee Obligations. (a) Notwithstanding the provisions of Subsections 1.1(i1.0l(h) and (nm) or Section 1.21.02, Mortgagee is not undertaking the performance of (i) any obligations under the Leases; , or (ii) any obligations with respect to such any other agreements, contracts, certificates, instruments, franchises, permits, trademarks, licenses and or other documents.
(b) By accepting or approving anything required to be observed, performed or fulfilled or to be given to Mortgagee and/or Lenders pursuant to this Security InstrumentMortgage, the Loan Agreement, the Note or the other Loan Documents, including, without limitation, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Mortgagee nor any Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, the legality or effectiveness of same, and such acceptance or approval thereof shall not constitute any warranty or affirmation with respect thereto by Mortgagee.
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