Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 43 contracts
Samples: Security Agreement, Security Agreement and Fixture Filing, Security Agreement and Fixture Filing (Moody National REIT II, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Other Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 41 contracts
Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.), Non Disturbance and Attornment Agreement (American Assets Trust, Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 18 contracts
Samples: Fixture Filing and Security Agreement (Manufactured Housing Properties Inc.), Filing and Security Agreement (Manufactured Housing Properties Inc.), Security Agreement (Talon Real Estate Holding Corp.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument Mortgage and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 15 contracts
Samples: Security Agreement and Fixture (Moody National REIT I, Inc.), Security Agreement (Inland Diversified Real Estate Trust, Inc.), Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 10 contracts
Samples: Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc), Fixture Filing and Security Agreement (Taubman Centers Inc), Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 9 contracts
Samples: Loan Agreement (TPG RE Finance Trust, Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Owens Realty Mortgage, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument Deed of Trust and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 4 contracts
Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Behringer Harvard Reit I Inc), Trust and Security Agreement (Behringer Harvard Reit I Inc)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, Borrower and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Borrower is not relying on Lender’s expertise business acumen or advice in connection with the Property.
Appears in 4 contracts
Samples: And Spreader Agreement and Security Agreement, Mortgage And (Paladin Realty Income Properties Inc), Extension and Spreader Agreement and Security Agreement (Sun Communities Inc)
Relationship of Borrower and Lender. The relationship between Borrower (or any Other Borrower) and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower (or any Other Borrower), and no term or condition of any of the Loan Agreement, the Note, this Security Instrument Mortgage and the other Loan Documents shall be construed so as to deem the relationship between Borrower (or any Other Borrower) and Lender to be other than that of debtor and creditor.
Appears in 3 contracts
Samples: Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Security Agreement and Fixture Filing (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and Deed of Trust or the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 3 contracts
Samples: Security Agreement (Lodging Fund REIT III, Inc.), Rents and Security Agreement (Lodging Fund REIT III, Inc.), Leases and Rents and Security Agreement (Horizon Group Properties Inc)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument Deed of Trust and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 2 contracts
Samples: And Security Agreement (TNP Strategic Retail Trust, Inc.), Trust and Security Agreement (Behringer Harvard Reit I Inc)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan AgreementNote, the NoteSecurity Instrument, this Security Instrument Agreement and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of the debtor and creditorcreditor relationship established pursuant to the Loan Documents. The relationship of Borrower and Lender is created and governed solely by the Loan Documents.
Appears in 2 contracts
Samples: Loan Agreement (Steadfast Income REIT, Inc.), Loan Agreement (Dupont Fabros Technology, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower (or any Other Borrower) and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower (or any Other Borrower), and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower (or any Other Borrower) and Lender to be other than that of debtor and creditor.
Appears in 2 contracts
Samples: Security Agreement (Inland Real Estate Income Trust, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and or the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 2 contracts
Samples: Glimcher Realty Trust, Glimcher Realty Trust
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of this Agreement or any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents Transaction Document shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 2 contracts
Samples: Forbearance Agreement (Warburg Pincus Private Equity IX, L.P.), Restated Forbearance Agreement (Warburg Pincus Private Equity IX, L.P.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and an creditor, and Lender has no fiduciary or other special relationship with Borrower, Borrower and no term or condition of any of the Loan Agreement, the Note, Note this Security Instrument and the r other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Borrower is not relying on Lender's expertise business acumen or advice in connection with the Property.
Appears in 1 contract
Samples: Assumption and Release Agreement (Blue Ridge Real Estate Co)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Manufactured Housing Properties Inc.)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, Borrower and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Borrower is not relying on Lender's expertise business acumen or advice in connection with the Property.
Appears in 1 contract
Samples: Mortgage and Security Agreement and Fixture Financing Statement (Venturian Corp)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage and Security Agreement (Konover Property Trust Inc)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, Borrower and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Borrower is not relying on Lender's expertise, business acumen or advice in connection with the Property.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and Deed of Trust or the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Horizon Group Properties Inc
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument Mortgage and the other Loan Other Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Lakes Entertainment Inc
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Section 6.2.
Appears in 1 contract
Samples: Trust and Security Agreement
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and Mortgage or the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: www.sec.gov
Relationship of Borrower and Lender. The relationship between any Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with any Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between any Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan AgreementNote, the Future Advance Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Escrow Agreement (First Union Real Estate Equity & Mortgage Investments)
Relationship of Borrower and Lender. The relationship ----------------------------------- between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Other Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Kilroy Realty Corp
Relationship of Borrower and Lender. The relationship between ----------------------------------- Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Other Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Agreement (Sl Green Realty Corp)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument Mortgage and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Behringer Harvard Reit I Inc)
Relationship of Borrower and Lender. The relationship between ----------------------------------- Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, Borrower and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Borrower is not relying on Lender's expertise business acumen or advice in connection with the Property.
Appears in 1 contract
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Other Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Section .
Appears in 1 contract
Samples: Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan AgreementNote, the NoteCredit Agreement, this Security Instrument and the other Loan Other Security Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.
Appears in 1 contract
Relationship of Borrower and Lender. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower, and no term or condition of any of the Loan Agreement, the Note, this Security Instrument and the other Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor.. Section 4.2
Appears in 1 contract
