Common use of Owner’s Policy of Title Insurance Clause in Contracts

Owner’s Policy of Title Insurance. Borrower shall deliver or cause to be delivered to Lender a duplicate original of Mortgagor’s Owner’s Policy of Title Insurance (the “Policy”) issued by the Title Insurer, meeting the following requirements: (i) with coverage amount not less than the purchase price of the Property, if the Property is being acquired by the Mortgagor concurrently with the closing of the Loan; (ii) dated as of a date not earlier than the disbursement of the Loan; (iii) the Policy shall not be subject to any exceptions other than the Senior Loan Documents and the Permitted Exceptions; (iv) the legal description insured under the Policy shall include any easements benefiting the Property; and (v) if available under local regulations, the Policy shall also contain a mezzanine financing endorsement, acknowledging that the coverage afforded by the Policy runs to the Lender.

Appears in 4 contracts

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

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Owner’s Policy of Title Insurance. Borrower Borrowers shall deliver or cause to be delivered to Lender a duplicate original of Mortgagor’s Owner’s Policy of Title Insurance (the “Policy”) issued by the Title Insurer, meeting the following requirements: (i) with coverage amount not less than the purchase price of the Property, if the Property is being acquired by the Mortgagor concurrently with the closing of the Loan; (ii) dated as of a date not earlier than the disbursement closing date of the Senior Loan; (iii) the Policy shall not be subject to any exceptions other than the Senior Loan Documents and the Permitted Exceptions; (iv) the legal description insured under the Policy shall include any easements benefiting the Property; and (v) if available under local regulations, the Policy shall also contain a mezzanine financing endorsement, acknowledging that the coverage afforded by the Policy runs to the Lender.

Appears in 2 contracts

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

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