Common use of No Obligation by Lender to Construct Clause in Contracts

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, Lender is not obligated to inspect the Improvements nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor to any other Person without limitation. Nothing, including without limitation, any disbursement of Loan proceeds or the Borrower’s Deposit nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s part.

Appears in 4 contracts

Samples: Construction Loan Agreement (Stratus Properties Inc), Construction Loan Agreement (Stratus Properties Inc), Construction Loan Agreement (Stratus Properties Inc)

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No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, . Lender is not obligated to inspect the Improvements nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor to any other Person person, firm or entity without limitation. Nothing, including without limitation, limitation any disbursement of Loan proceeds or the Borrower’s Deposit nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s part.

Appears in 2 contracts

Samples: Construction Loan Agreement (Global Geophysical Services Inc), Construction Loan Agreement (Global Geophysical Services Inc)

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction construction, or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, . Lender is not obligated to inspect the Improvements Project nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor or to any other Person person, firm or entity without limitation. Nothing, including without limitation, limitation any disbursement of Loan proceeds or the Borrower’s 's Deposit or funds from the Mandatory Sweep Account nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s 's part.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, Lender is not obligated to inspect the Improvements nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor to any other Person person, firm or entity without limitation. Nothing, including without limitation, limitation any disbursement of Loan proceeds or the Borrower’s 's Deposit nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s 's part.

Appears in 1 contract

Samples: And Development Loan Agreement (Transeastern Properties Inc)

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, Lender is not obligated to inspect the Improvements nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor to any other Person person, firm or entity without limitation. Nothing, including without limitation, any disbursement of Loan proceeds or the Borrower’s 's Deposit nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s 's part.

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property Approved Subdivision financed by the Loan made hereunder or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds for said Property as herein agreed, . Lender is not obligated to inspect the Improvements Home, nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Propertysaid Home, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor to any other Person person, firm or entity without limitation. Nothing, including without limitation, limitation any disbursement of proceeds of any Loan proceeds or the Borrower’s Deposit made hereunder nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s part.

Appears in 1 contract

Samples: Loan Agreement (Century Communities, Inc.)

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No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property Land or Improvements or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, . Lender is not obligated to inspect the Improvements nor Improvements, and Lender is Lender not liable, and under no circumstances whatsoever shall will Lender be or become liable, for the performance or default of any contractor Contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor any Loan Party to Lender nor or to any other Person person, firm or entity, without limitation. Nothing, including without limitation, limitation any disbursement of Loan proceeds or the Borrower’s Deposit nor 's Deposit, or acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s 's part.

Appears in 1 contract

Samples: Loan Agreement (Stratus Properties Inc)

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds of the Loans as herein agreed, Lender is not obligated to inspect the Improvements work in progress nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or or, for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor any Obligor to Lender nor to any other Person without limitation. Nothing, including without limitation, limitation any disbursement of Loan the proceeds of the Loans or the Borrower’s Deposit Reserve nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on Lender’s part.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

No Obligation by Lender to Construct. Lender has no liability or obligation whatsoever or howsoever in connection with the Mortgaged Property or the development, construction or completion thereof or work performed thereon, and has no obligation except to disburse the Loan proceeds as herein agreed, Lender is not obligated to inspect the Improvements nor is Lender liable, and under no circumstances whatsoever shall Lender be or become liable, for the performance or default of any contractor or subcontractor, or for any failure to construct, complete, protect or insure the Mortgaged Property, or any part thereof, or for the payment of any cost or expense incurred in connection therewith, or for the performance or nonperformance of any obligation of Borrower or Guarantor to Lender nor to any other Person without limitation. Nothing, including without limitation, any disbursement of Loan proceeds or the Borrower’s Deposit nor acceptance of any document or instrument, shall be construed as such a representation or warranty, express or implied, on LenderXxxxxx’s part.

Appears in 1 contract

Samples: Construction Loan Agreement (Stratus Properties Inc)

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