Property Specific Representations. (a) The Mortgaged Property is free from material delinquent water charges and sewer rents; (b) As of the date of this Deed of Trust, the Mortgaged Property is free from unrepaired material damage caused by fire, flood, accident or other casualty; (c) As of the date of this Deed of Trust, no part of the Mortgaged Property has been taken in condemnation, eminent domain or like proceeding nor is any such proceeding pending or, to Grantor’s knowledge, threatened; (d) To Grantor’s knowledge, to the extent required for the intended use of such property, the Improvements are generally structurally sound, and free of material defects in materials and workmanship. All major building systems located within the Improvements, including, without limitation, the heating and air conditioning systems and the electrical and plumbing systems, are in good working order and condition, except where failure to do so would not have a material adverse effect on the operations at such property; (e) No contract or agreement (other than Permitted Liens) provides any party with the right to obtain a lien or encumbrance upon the Mortgaged Property superior to the lien of this Deed of Trust; and (f) There are no Leases, security agreements or financing statements materially affecting the intended use of all or any portion of the Mortgaged Property, other than (i) for Permitted Liens, (ii) as disclosed in writing by Grantor to Beneficiary prior to the date hereof, and (iii) the security agreements and financing statements created in favor of Beneficiary.
Appears in 1 contract
Samples: Deed of Trust (Maxxam Inc)
Property Specific Representations. (a) The Mortgaged Property is free from material delinquent water charges and sewer rents;
(b) As of the date of this Deed of Trust, the Mortgaged Property is free from unrepaired material damage caused by fire, flood, accident or other casualty;
(c) As of the date of this Deed of Trust, no part of the Mortgaged Property has been taken in condemnation, eminent domain or like proceeding nor is any such proceeding pending or, to Grantor’s 's knowledge, threatened;
(d) To Grantor’s 's knowledge, to the extent required for the intended use of such property, the Improvements are generally structurally sound, and free of material defects in materials and workmanship. All major building systems located within the Improvements, including, without limitation, the heating and air conditioning systems and the electrical and plumbing systems, are in good working order and condition, except where failure to do so would not have a material adverse effect on the operations at such property;
(e) No contract or agreement (other than Permitted Liens) provides any party with the right to obtain a lien or encumbrance upon the Mortgaged Property superior to the lien of this Deed of Trust; and
(f) There are no Leases, security agreements or financing statements materially affecting the intended use of all or any portion of the Mortgaged Property, other than (i) for Permitted Liens, (ii) as disclosed in writing by Grantor to Beneficiary prior to the date hereof, and (iii) the security agreements and financing statements created in favor of Beneficiary.
Appears in 1 contract
Samples: Deed of Trust (Maxxam Inc)
Property Specific Representations. (a) The Mortgaged Property is free from material delinquent water charges and sewer rents;
(b) As of the date of this Deed of Trust, the Mortgaged Property is free from unrepaired material damage caused by fire, flood, accident or other casualty;
(c) As of the date of this Deed of Trust, no part of the Mortgaged Property has been taken in condemnation, eminent domain or like proceeding nor is any such proceeding pending or, to Grantor’s knowledge, threatened;
(d) To Grantor’s knowledge, to the extent required for the intended use of such property, the Improvements are generally structurally sound, and free of material defects in materials and workmanship. All major building systems located within the Improvements, including, without limitation, the heating and air conditioning systems and the electrical and plumbing systems, are in good working order and condition, except where failure to do so would not have a material adverse effect on the operations at such property;
(e) No contract or agreement (other than the First Liens and the Permitted Liens) provides any party with the right to obtain a lien or encumbrance upon the Mortgaged Property superior to the lien of this Deed of Trust; and
(f) There are no Leases, security agreements or financing statements materially affecting the intended use of all or any portion of the Mortgaged Property, other than (i) for the First Liens and the Permitted Liens, (ii) as disclosed in writing by Grantor to Beneficiary prior to the date hereof, and (iii) the security agreements and financing statements created in favor of Beneficiary.
Appears in 1 contract
Samples: Deed of Trust (Maxxam Inc)
Property Specific Representations. (a) The Mortgaged Property is free from material delinquent water charges and sewer rents;
(b) As of the date of this Deed of Trust, the Mortgaged Property is free from unrepaired material damage caused by fire, flood, accident or other casualty;
(c) As of the date of this Deed of Trust, no part of the Mortgaged Property has been taken in condemnation, eminent domain or like proceeding nor is any such proceeding pending or, to Grantor’s 's knowledge, threatened;
(d) To Grantor’s 's knowledge, to the extent required for the intended use of such property, the Improvements are generally structurally sound, and free of material defects in materials and workmanship. All major building systems located within the Improvements, including, without limitation, the heating and air conditioning systems and the electrical and plumbing systems, are in good working order and condition, except where failure to do so would not have a material adverse effect on the operations at such property;
(e) No contract or agreement (other than the First Liens and the Permitted Liens) provides any party with the right to obtain a lien or encumbrance upon the Mortgaged Property superior to the lien of this Deed of Trust; and
(f) There are no Leases, security agreements or financing statements materially affecting the intended use of all or any portion of the Mortgaged Property, other than (i) for the First Liens and the Permitted Liens, (ii) as disclosed in writing by Grantor to Beneficiary prior to the date hereof, and (iii) the security agreements and financing statements created in favor of Beneficiary.
Appears in 1 contract
Samples: Deed of Trust (Maxxam Inc)