Common use of Recitals of Facts Clause in Contracts

Recitals of Facts. In the event of a sale or other disposition of the Mortgaged Property pursuant to Section 4.01 and the execution of a deed or other conveyance pursuant thereto, the recitals therein of facts (such as default, the giving of notice of default and notice of sale, demand that such sale should be made, postponement of sale, terms of sale, purchase, payment of purchase money and other facts affecting the regularity or validity of such sale or disposition) shall be conclusive proof of the truth of such facts. Any such deed or conveyance shall be conclusive against all Persons as to such facts recited therein.

Appears in 3 contracts

Samples: Deed of Trust (Kilroy Realty, L.P.), Deed of Trust (Kilroy Realty, L.P.), Deed of Trust (Kilroy Realty, L.P.)

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Recitals of Facts. In the event of a sale or other disposition of the Mortgaged Property pursuant to Section 4.01 4.02 and the execution of a deed or other conveyance pursuant thereto, the recitals therein of facts (such as default, the giving of notice of default and notice of sale, demand that such sale should be made, postponement of sale, terms of sale, purchase, payment of purchase money and other facts affecting the regularity or validity of such sale or disposition) shall be conclusive proof of the truth of such facts. Any such deed or conveyance shall be conclusive against all Persons as to such facts recited therein.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Recitals of Facts. In the event of a sale or other disposition of ----------------- all or any portion of the Mortgaged Property pursuant to Section 4.01 4.2 or Section 4.3 hereof and the execution of a deed or other conveyance pursuant thereto, the recitals therein of facts (such as default, the giving of notice of default and notice of sale, demand that such sale should be made, postponement of sale, terms of sale, purchase, payment of purchase money and other facts affecting the regularity or validity of such sale or disposition) shall be conclusive proof of the truth of such facts. Any such deed or conveyance shall be conclusive against all Persons as to such facts recited therein.

Appears in 1 contract

Samples: Indenture of Mortgage, Deed of Trust, Security Agreement, Fixture Filing, Financing Statement and Assignment of Rents and Leases (Merkert American Corp)

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Recitals of Facts. In the event of a sale or other disposition of the Mortgaged Property pursuant to Section 4.01 4.2 and the execution of a deed or other conveyance pursuant thereto, the recitals therein of facts (such as default, the giving of notice of default and notice of sale, demand that such sale should be made, postponement of sale, terms of sale, purchase, payment of purchase money and other facts affecting the regularity or validity of such sale or disposition) shall be conclusive proof of the truth of such facts. Any such deed or conveyance shall be conclusive against all Persons persons as to such facts recited therein.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Arden Realty Inc)

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