Representations and Warranties of Mortgagor. Mortgagor and each signatory who signs on Mortgagor’s behalf hereby represents and warrants as follows:
(a) That this Mortgage, the Note and all other documents executed and delivered to Mortgagee in connection herewith were executed in accordance with the requirements of law and are valid, binding and enforceable in accordance with their terms.
(b) That the execution of this Mortgage, the Note and any other document executed and delivered to Mortgagee in connection herewith, and the full and complete performance of the provisions hereof and thereof, will not result in any breach of, or constitute a default under any indenture, mortgage, bank loan or credit agreement or other agreement or instrument to which Mortgagor is a party or by which Mortgagor is bound, and will not result in the creation of any lien, charge or encumbrance (other than those in favor of Mortgagee) upon any property or assets of Mortgagor.
(c) That as of the date of execution of this Mortgage, Mortgagor is the owner of the Mortgaged Property.
(d) The improvements on the Premises, existing and proposed, and their intended use will, when completed, comply fully with all applicable environmental, air quality, zoning, planning, building, subdivision and other governmental laws and requirements. Mortgagor specifically warrants that the existing improvements on each property listed on Exhibit “A” attached hereto and made a part hereof by reference, complies with all local zoning ordinances.
(e) The Premises are composed of one or more whole tax parcels with a separate tax assessment, independent of any land or improvements not encumbered by this Mortgage.
(f) There is no litigation pending or, to the best of Mortgagor’s knowledge, threatened against the Mortgaged Property. There is no litigation pending or, to the best of Mortgagor’s knowledge, threatened against Mortgagor, which might, so far as Mortgagor can now reasonably foresee, have a material adverse effect on Mortgagor’s ability to repay the Note or to perform the provisions of this Mortgage or of any other document delivered to Mortgagee in connection herewith. Mortgagor has disclosed all litigation pending and threatened against Mortgagor to Mortgagee in writing, and will disclose all future such litigation to Mortgagee in writing within thirty (30) days of its receipt of notice thereof.
(g) The Mortgaged Property complies with all applicable subdivision laws, ordinances, regulations, rules and other requirements.
(h) Mortgagor is...
Representations and Warranties of Mortgagor. Mortgagor represents, warrants, and covenants to Mortgagee that (a) Xxxxxxxxx holds clear title to the Property and title in fee simple in the Land except for matters of record as of the date hereof; (b) Mortgagor has the right, power, and authority to execute and deliver this Mortgage and to mortgage and grant a security interest in the Property; (c) the Property is free and clear of all liens and encumbrances, except for real estate taxes not yet delinquent and except as otherwise stated in subparagraph 3.a. above; and (d) Mortgagor will warrant and defend title to the Property and the lien and priority of this Mortgage against all claims and demands of all persons, whether now existing or hereafter arising.
Representations and Warranties of Mortgagor. The Mortgagor represents and warrants to the Mortgagee that, except as set forth on Appendix 3 to this Mortgage, the following statements are true and correct as of the Closing Date and further represents and warrants that such statements shall remain true and correct thereafter for so long as this Mortgage shall have not been discharged.
Representations and Warranties of Mortgagor. Authority and Validity SECTION 3.2 Warranty of Title SECTION 3.3 Condition of Mortgaged Property SECTION 3.4 Leases SECTION 3.5 Insurance SECTION 3.6 Charges SECTION 3.7 Environmental
Representations and Warranties of Mortgagor. Mortgagor represents and warrants to Mortgagee:
Representations and Warranties of Mortgagor. SECTION 3.1. Warranty of Title 8 SECTION 3.2. Condition of Mortgaged Property 8 SECTION 3.3. Property Charges 9 SECTION 4.1. Payment and Performance 9 SECTION 4.2. Title 9 SECTION 4.3. Inspection 10 SECTION 4.4. Limitation on Liens; Transfer Restrictions 10 SECTION 4.5. Insurance 10
Representations and Warranties of Mortgagor. Incorporation of Credit Agreement 8 SECTION 3.2. Warranty of Title 9 SECTION 3.3. Condition of Mortgaged Property 9 SECTION 3.4. Charges 10
Representations and Warranties of Mortgagor. Mortgagor represents, warrants and covenants to Mortgagee that (i) Mortgagor holds clear title to the Mortgaged Property and title in fee simple in the Land, subject only to the Xxxxxxxx State Bank Mortgage; (ii) Mortgagor has the right, power and authority to execute this Mortgage and to mortgage, and grant a security interest in the Mortgaged Property; (iii) the Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes not yet delinquent and the Xxxxxxxx State Bank Mortgage; (iv) Mortgagor will warrant and defend title to the Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons, whether now existing or hereafter arising; (v) all buildings and improvements now or hereafter located on the Land are, or will be, located entirely within the boundaries of the Land; and (vi) Mortgagor is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order of the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person” or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Xxxxxxxxx hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification.
Representations and Warranties of Mortgagor. SECTION 3.1. Due Authorization and Execution 12 SECTION 3.2. Warranty of Title 12 SECTION 3.3. Condition of Mortgaged Property 13 SECTION 3.4. Leases 14 SECTION 3.5. Charges 14 SECTION 3.6. Benefit to the Mortgagor 15 SECTION 3.7. Insurance 15 SECTION 3.8. Environmental 15
Representations and Warranties of Mortgagor. Incorporation of Notes Documents 10 SECTION 3.2. Warranty of Title 10 SECTION 3.3. Condition of Mortgaged Property 11 SECTION 3.4. Charges 11 SECTION 3.5. Leases 11 SECTION 4.1. Payment and Performance 13 SECTION 4.2. Title 13 SECTION 4.3. Inspection 14 SECTION 4.4. Limitation on Liens; Transfer Restrictions 14 SECTION 4.5. Insurance 14
