REPRESENTATIONS OF THE OWNER. The Owner represents, unless otherwise specified in writing, to be unaware of the following: Any recorded Notice of Default affecting the Property; Any delinquent amounts due under any loan secured by the Owner or other obligations affecting the Property; Any bankruptcy, insolvency, or similar proceeding affecting the Property; Any litigation, arbitration, administrative action, government investigation, or other pending or threatened action that does or may affect the Property or Owner’s ability to lease the Property or transfer possession of ownership; and Any current, pending, or proposed special assessments affecting the Property. The Owner shall promptly notify the Agent in writing if the Owner becomes aware of any of the aforementioned items in this Section during the Term of this Agreement.
REPRESENTATIONS OF THE OWNER. The Owner represents, unless otherwise specified in writing, to be unaware of the following:
a.) Any recorded Notice of Default affecting the Property;
b.) Any delinquent amounts due under any loan secured by the Owner or other obligations affecting the Property;
c.) Any bankruptcy, insolvency, or similar proceeding affecting the Property;
d.) Any litigation, arbitration, administrative action, government investigation, or other pending or threatened action that does or may affect the Property or Owner’s ability to lease the Property or transfer possession of ownership; and
e.) Any current, pending, or proposed special assessments affecting the Property. The Owner shall promptly notify the Agent in writing if the Owner becomes aware of any of the aforementioned items in this Section during the Term of this Agreement.
REPRESENTATIONS OF THE OWNER. The Owner represents, warrants and covenants to the Servicer as of the Effective Date, each relevant Cut-off Date, each relevant Closing Date and as of any date specifically provided herein:
(a) The execution, delivery and performance by the Owner of this Agreement has been duly and validly authorized by all necessary corporate action. This Agreement constitutes a legal, valid and enforceable obligation of the Owner, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, receivership or other laws relating to or affecting creditors' rights generally, and to general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity), and except that the enforcement or rights with respect to indemnification and contribution obligations and provisions (i) purporting to waive or limit rights to trial by jury, oral amendments to written agreements or rights of set off or (ii) relating to submission to jurisdiction, venue or service of process, may be limited by applicable law or considerations of public policy.
REPRESENTATIONS OF THE OWNER. The Owner represents, unless otherwise specified in writing, to be unaware of the following:
a.) Any recorded Notice of Default affecting the Property;
b.) Any delinquent amounts due under any loan secured by the Owner or other obligations affecting the Property;
c.) Any bankruptcy, insolvency, or similar proceeding affecting the Property; d.) Any litigation, arbitration, administrative action, government investigation, or other pending or threatened action that does or may affect the Property or Owner’s ability to lease the Property or transfer possession of ownership; and
REPRESENTATIONS OF THE OWNER. The Owner represents, warrants and covenants to the Servicer as of the Effective Date:
(a) The Owner is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization;
(b) The Owner has the full power and authority to execute and deliver this Agreement and to perform in accordance herewith; the execution, delivery and performance of this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement) by the Owner and the consummation of the transactions contemplated hereby have been duly and validly authorized; this Agreement evidences the valid, binding and enforceable obligation of the Owner; and all requisite action has been taken by the Owner to make this Agreement valid and binding upon the Owner in accordance with its terms; and
(c) The Owner holds the entire legal and beneficial title to each Mortgage Loan. The information provided to Servicer by Owner, and each Mortgage File, is complete, true and accurate in all material respects.
REPRESENTATIONS OF THE OWNER. The Owner represents, warrants and covenants to the Servicer as of the Effective Date:
REPRESENTATIONS OF THE OWNER. The Owner hereby makes the following representations, warranties and covenants to the Agency and the truth and accuracy of such representations and warranties and compliance with and performance of such covenants are continuing obligations of the Owner. In the event that any of the material representations or warranties made herein cease to be true and correct or the Owner breaches any of its material covenants made herein, the Owner agrees to notify the Agency immediately and the same shall constitute an Event of Default under this Agreement:
(a) The Owner is duly organized and validly existing under the laws of the State of North Carolina with full power to undertake the obligations as contemplated by this Agreement. The execution and delivery of the Agreement have been duly authorized by all necessary corporate action on the part of the Owner, its partners, members, officers, and/or directors, as applicable.
(b) There is no action, suit or proceeding at law or in equity, or by or before any governmental instrumentality or agency, or to the knowledge of the Owner, threatened against or affecting it, which, if adversely determined, would materially impair its right or ability to carry on business substantially as now conducted, or as contemplated to be conducted under this Agreement, or that would materially adversely affect the Owner’s financial condition.
(c) The Owner shall take all reasonable actions necessary to ensure it has the capacity to implement the services contemplated under this Agreement and the Targeting Program Manual.
(d) The Owner is in compliance and covenants that all services under this Agreement will be performed in compliance with, all Federal, state, and local laws, regulations, regulatory guidance, statutes, ordinances, codes and requirements applicable to the business of the Owner and the provisions of services by Owner under this Agreement. This includes, but is not limited to all Federal and state laws and regulations related to privacy/confidentiality, tenant’s rights, and those designed to prevent unfair, deceptive, and discriminatory housing practices.
(e) The Owner covenants that: (i) it will perform its services and obligations in accordance with this Agreement and Applicable Laws, and will promptly provide such performance or other reporting as may be reasonably required by the Agency; (ii) it will maintain complete, accurate and appropriate records of, and supporting documentation for, all services provided in connectio...
REPRESENTATIONS OF THE OWNER. To the extent permitted by law, the Owner represents to the Contractor that each of the following statements is presently true and accurate:
A. The Owner is a validly existing political subdivision of the State of Florida.
B. The Owner has all requisite corporate or governmental power and authority to carry on its business as now conducted and to perform its obligations under the Contract Documents and each Contract Document contemplated hereunder to which it is or will be a party.
C. The Contract Documents and each Contract Document contemplated hereby to which the Owner is or will be a party has been duly authorized by all necessary action on the part of, and has been or will be duly executed and delivered by, the Owner, and neither the execution and delivery thereof nor compliance with the terms and provisions thereof or hereof: (a) requires the approval and consent of any other person or party, except such as have been duly obtained or as are specifically noted herein; (b) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or binding on the Owner; or (c) contravenes or results in any breach of, default under, or result in the creation of any lien or encumbrance upon the Owner under any indenture, mortgage, deed of trust, bank loan, or credit agreement, the charter, ordinances, resolutions, or any other agreement or instrument to which the Owner is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the Owner outstanding on the date of the Contract Documents.
D. The Contract Documents and each document contemplated hereby to which the Owner is or will be a party constitutes, or when entered into will constitute, a legal, valid, and binding obligation of the Owner enforceable against the Owner in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency, or similar laws from time to time in effect which affect creditors’ rights generally, and subject to usual equitable principles in the event that equitable remedies are involved.
E. There are no pending or, to the knowledge of the Owner, threatened actions or proceedings before any court or administrative agency against the Owner which question the validity of the Contract Documents or any document contemplated hereunder, or which are likely in any case or in the aggregate to materially adversely affect the consummation of the transactions contemplated here...
REPRESENTATIONS OF THE OWNER. (1) The Owner acknowledges receipt of a complete copy of the New HOME Agreement and agrees to comply with its terms and conditions.
(2) The Property is a free-standing, single-family residence owned by the Owner, with the ownership period commencing after February 1, 2012. The Owner occupies the Property as a single-family residence. The Property is not occupied by or rented to a third-party unrelated to the Owner, nor is it used for business or commercial purposes.
(3) The Owner is not delinquent in any tax payment and/or special assessment for real property located within the City.
(4) The Owner agrees to comply with all codes, rules and regulations in effect in the City with respect to the Property throughout the Agreement Period.
(5) If the Property is sold or ceases to be occupied by the Owner within the Agreement Period, the Owner recognizes that the Agreement is non-transferable and will terminate immediately when ownership or occupancy by the Owner ends.
(6) The Owner covenants, represents and warrants that the person(s) identified above and signing this Agreement as Owner constitute(s) all of the owners of record of the Property.
(7) The Owner covenants, represents and warrants that all ad valorem property taxes assessed on the Property during the Agreement Period will be timely paid when due.
(8) The Owner agrees to refrain from filing any valuation appeals or requests for refund of any payments or portions of payments of ad valorem taxes for which rebate payments have been made by the City pursuant to the Program.
REPRESENTATIONS OF THE OWNER. The Owner represents and warrants as follows:
(a) The Owner has the capacity to enter into and perform its obligations under this Agreement, and Xxxxxx X. Xxxxxxxx (“Breeding”) has the authority to execute and deliver this Agreement on behalf of the Owner and to ensure that the obligations of the Owner are performed as contemplated by this Agreement. This Agreement has been duly executed and delivered by Breeding, on behalf of the Owner, and all entities associated therewith, and is a valid and legally binding agreement of the Owner, enforceable in accordance with its terms.
(b) The Owner owns the Tailings, and the execution of this Agreement, and the performance by the parties of the covenants contained in this Agreement, will not violate any agreement or arrangement, to which the Owner is a party or otherwise, to the best of the Owner’s knowledge, information and belief.
