Property Check-in. 2.9.1. As part of the check in the property will need to be professionally cleaned. To ensure the delivery of expected service levels to tenants The Agent will arrange a clean and this will be carried out by contractors approved by The Agent. In case of a partial relet for Student Tenants it is recommended that a full clean is carried out. The provision of the clean is chargeable as per section 6.3.4. 2.9.2. The Agent will provide a copy of the Inventory and Schedule of Condition Report, if commissioned and completed, to the tenant and Landlord along with any additional paperwork required before the tenant takes up residence. 2.9.3. The Agent will provide keys for the property to the tenant. 2.9.4. The Agent will inform the council of any exemption to council tax for student tenants (if provided), or for changes in the liable person so that the local authority can apply the council tax charge to the liable person, or apply an exemption. 2.9.5. The Agent will not be liable for failure by the Local Authority in applying exemptions or for billing the liable person, or for liability in a period where the tenant leaves during a periodic tenancy and liability reverts to The Landlord. The Agent will not be liable for any council tax or penalties arising from student exemptions not being applied, or from liability arising from a tenant ceasing to be exempt during a tenancy. or a liability arising from a tenant not being entitled to an expected exemption, or any liability arising from any decision by the local authority in charging the landlord council tax where the liability may be in dispute (for example shared houses with non-exempt tenants). 2.9.6. The Agent will inform any utility companies of change over of tenants where the property is rented on the basis of non inclusive utility bills.

Property Check-in. 2.9.1. As part of the student tenant check in, the property will need to be professionally cleaned. To ensure the delivery of expected service levels to tenants The Agent will arrange a clean and this will be carried out by contractors approved by The Agent. In case of a partial relet it is recommended that a full clean is carried out. The provision of the clean is chargeable as per section 6.3.4. 2.9.2. The Agent will provide a copy of the Inventory and Schedule of Condition Report, if commissioned and completed, to the tenant and Landlord along with any additional paperwork required before the tenant takes up residence. 2.9.3. The Agent will provide keys for the property to the tenant. 2.9.4. The Agent will inform the council of any exemption to council tax for student tenants (if provided) so that council tax bills are accurately billed to the landlord. 2.9.5. The Agent will inform any utility companies of change over of tenants where the property is rented on the basis of non inclusive utility bills.

Property Check-in. 2.9.1. As part of the check in the property will need to be professionally cleaned. To ensure the delivery of expected service levels to tenants The Agent will arrange a clean and this will be carried out by contractors approved by The Agent. In case of a partial relet for Student Tenants it is recommended that a full clean is carried out. The provision of the clean is chargeable as per section 6.3.4. 2.9.2. The Agent will provide a copy of the Inventory and Schedule of Condition Report, if commissioned and completed, to the tenant and Landlord along with any additional paperwork required before the tenant takes up residence. 2.9.3. The Agent will provide keys for the property to the tenant. 2.9.4. The Agent will inform the council of any exemption to council tax for student tenants (if provided), or for changes in the liable person so that the local authority can apply the council tax charge to the liable person, or apply an exemption. 2.9.5. The Agent will not be liable for failure by the Local Authority in applying exemptions or for billing the liable person, or for liability in a period where the tenant leaves during a periodic tenancy and liability reverts to The Landlord. 2.9.6. The Agent will inform any utility companies of change over of tenants where the property is rented on the basis of non inclusive utility bills.

Property Check-in. 2.9.1. The Agent will provide a copy of the Inventory and Schedule of Condition, if commissioned and completed, to the tenant along with any additional paperwork required before the tenant takes up residence 2.9.2. The Agent will provide keys for the property to the tenant. 2.9.3. The Agent will inform the Local Authority of any change of liability for Council Tax purposes. 2.9.4. The Agent will inform any utility companies of change over of tenants.

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Property Contracts Purchaser shall assume at Closing the obligations under the Property Contracts assumed by Purchaser; however, operating expenses shall be prorated under Section 5.4.2.
Title to Properties; Possession Under Leases (a) Each of the Borrower and the Subsidiaries has valid title in fee simple or equivalent to, or valid leasehold interests in, or easements or other limited property interests in, all its Real Properties (including all Mortgaged Properties) and has valid title to its personal property and assets, in each case, except for Permitted Liens and except for defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes and except where the failure to have such title would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. All such properties and assets are free and clear of Liens, other than Permitted Liens or Liens arising by operation of law. The Equity Interests of the Borrower owned by Holdings (prior to a Qualified IPO) are free and clear of Liens, other than Liens permitted by Article VIA. (b) The Borrower and each of the Subsidiaries has complied with all material obligations under all leases to which it is a party, except where the failure to comply would not reasonably be expected to have Material Adverse Effect, and all such leases are in full force and effect, except leases in respect of which the failure to be in full force and effect would not reasonably be expected to have a Material Adverse Effect. (c) As of the Closing Date, none of the Borrower and the Subsidiaries has received any written notice of any pending or contemplated condemnation proceeding affecting any material portion of the Mortgaged Properties or any sale or disposition thereof in lieu of condemnation that remains unresolved as of the Closing Date, except as set forth on Schedule 3.07(c). (d) As of the Closing Date, none of the Borrower and its Subsidiaries is obligated under any right of first refusal, option or other contractual right to sell, assign or otherwise Dispose of any Mortgaged Property or any interest therein, except as permitted under Section 6.02 or 6.05 or as would not reasonably be expected to have a Material Adverse Effect. (e) Schedule 1.01(E) lists each Material Real Property owned by any Loan Party as of the Closing Date.
Location of Real Property The Perfection Certificate lists correctly, in all material respects, as of the Closing Date all Material Real Property owned by the Borrower and the Subsidiary Loan Parties and the addresses thereof. As of the Closing Date, the Borrower and the Subsidiary Loan Parties own in fee all the Real Property set forth as being owned by them in the Perfection Certificate except to the extent set forth therein.
Property Condition Seller agrees to maintain the Property in its current condition, subject to ordinary wear and tear, from the time this Agreement comes into effect until the Closing. Buyer recognizes that the Seller, along with any licensed real estate agent(s) involved in this transaction, make no claims as to the validity of any property disclosure information. Buyer is required to perform their own inspections, tests, and investigations to verify any information provided by the Seller. Afterward, the Buyer shall submit copies of all tests and reports to the Seller at no cost.
Mortgaged Property Undamaged; No Condemnation Proceedings There is no proceeding pending or threatened for the total or partial condemnation of the Mortgaged Property. The Mortgaged Property is undamaged by waste, fire, earthquake or earth movement, windstorm, flood, tornado or other casualty so as to affect adversely the value of the Mortgaged Property as security for the Mortgage Loan or the use for which the premises were intended and each Mortgaged Property is in good repair. There have not been any condemnation proceedings with respect to the Mortgaged Property and the Seller has no knowledge of any such proceedings in the future;
Condition of Property; Condemnation In the case of each Mortgage Loan, except as set forth in an engineering report prepared by an independent engineering consultant in connection with the origination of such Mortgage Loan, the related Mortgaged Property is, to the Seller's knowledge, in good repair and free and clear of any damage that would materially and adversely affect its value as security for such Mortgage Loan (except in any such case where an escrow of funds, letter of credit or insurance coverage exists sufficient to effect the necessary repairs and maintenance). As of the date of origination of the Mortgage Loan, there was no proceeding pending for the condemnation of all or any material part of the related Mortgaged Property. As of the Closing Date, the Seller has not received notice and has no knowledge of any proceeding pending for the condemnation of all or any material portion of the Mortgaged Property securing any Mortgage Loan. As of the date of origination of each Mortgage Loan and, to the Seller's knowledge, as of the date hereof, (a) none of the material improvements on the related Mortgaged Property encroach upon the boundaries and, to the extent in effect at the time of construction, do not encroach upon the building restriction lines of such property, and none of the material improvements on the related Mortgaged Property encroached over any easements, except, in each case, for encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below or that do not materially and adversely affect the Value or current use of such Mortgaged Property and (b) no improvements on adjoining properties encroached upon such Mortgaged Property so as to materially and adversely affect the Value of such Mortgaged Property, except those encroachments that are insured against by the lender's title insurance policy referred to in representation 8 below.
Payment of Debt or Delinquency to the State Pursuant to §§2107.008 and 2252.903, Texas Government Code, Contractor agrees any payments owing to Contractor under this Agreement may be applied directly toward any debt or delinquency Contractor owes the State of Texas or any agency of the State of Texas, regardless of when it arises, until paid in full.
Matters Relating to Flood Hazard Properties (a) Evidence, which may be in the form of a letter from an insurance broker or a municipal engineer, as to whether (1) any Closing Date Mortgaged Property is a Flood Hazard Property and (2) the community in which any such Flood Hazard Property is located is participating in the National Flood Insurance Program, (b) if there are any such Flood Hazard Properties, such Loan Party’s written acknowledgement of receipt of written notification from Administrative Agent (1) as to the existence of each such Flood Hazard Property and (2) as to whether the community in which each such Flood Hazard Property is located is participating in the National Flood Insurance Program, and (c) in the event any such Flood Hazard Property is located in a community that participates in the National Flood Insurance Program, evidence that Company has obtained flood insurance in respect of such Flood Hazard Property to the extent required under the applicable regulations of the Board of Governors of the Federal Reserve System.
Existence, Properties, Etc (a) The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain Company's due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined below); and (b) the Company shall not do, or cause to be done, any act impairing the Company's corporate power or authority (i) to carry on the Company's business as now conducted, and (ii) to execute or deliver this Agreement or any other document delivered in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Secured Party to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purpose of this Agreement, the term "Material Adverse Effect" shall mean any material and adverse affect as determined by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) the Company's assets, business, operations, properties or condition, financial or otherwise; (b) the Company's to make payment as and when due of all or any part of the Obligations; or (c) the Pledged Property.
Access to Property, Property’s Management, Property Lender, and Property Tenants Potential Investor agrees to not seek to gain access to any non-public areas of the Property or communicate with Property’s management employees, the holder of any financing encumbering the Property, the Property’s tenants, and the Owner’s partners in the ownership of the Property, without the prior consent of Owner or JLL, which consent may be withheld in the Owner’s sole discretion.

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