The Mortgaged Property. Borrower Information includes: (i) representations and warranties made in the Loan Documents, (ii) financial statements of Borrower, any SPE Equity Owner, any Designated Entity for Transfers or any Guarantor, and (iii) operating statements and rent rolls with respect to the Mortgaged Property. Borrower Information does not include any information provided directly to Lender or Loan Servicer by a third party such as an appraiser or an environmental consultant.
The Mortgaged Property. (b) pProviding a Guarantor’s estoppel, and entering into an indemnification agreement with Lender and any Indemnified Party of any Securitization that includes the Loan confirming Guarantor’s obligations under this Guaranty. (bc) Providing such other information about Guarantor as Lender may require for Lender’s offering materials, including the information required by Section 13 of this Guaranty. Rider to Guaranty Page 2
The Mortgaged Property. The “Mortgaged Property” consists of all of Mortgagor’s estate, right, title and interest in and to the following described property and property rights, whether now existing or hereafter acquired, including in any greater estate hereafter acquired, with references in this Mortgage to the Mortgaged Property to mean and include all or any portion of or interest in any of the Mortgaged Property:
The Mortgaged Property. (A) All of the land in the County of _________, State of ________, described on EXHIBIT A attached hereto and made a part hereof, to have and to hold the same, together with each and every tenement, hereditament, easement, right, power, privilege, immunity, and appurtenance thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and also the estate, right, title, interest, homestead, right of dower, separate estate, property, possession, and claim whatsoever in law as well as in equity of Mortgagor of, in, and to the same in every part and parcel thereof unto Mortgagee in leasehold title pursuant to the lease described on EXHIBIT B attached hereto. The real property described on Exhibit A is commercial property and does not constitute the homestead of any individual.
The Mortgaged Property. GBP hereby covenants and agrees that, without the prior written approval of Select Energy, or as otherwise permitted in the Purchase Agreement, GBP (i) other than in the ordinary course of business and so long as any such transaction would not materially reduce or impair GBP's interest in the Mortgaged Property, will not, directly or indirectly, convey, assign, transfer, sell or otherwise dispose of all or any part of GBP's legal or beneficial interest in the Mortgaged Property, and (ii) will not create or permit to exist any Lien on its interest in the Mortgaged Property, which is superior to, or pari passu with, this Mortgage, other than the Senior Liens and Permitted Encumbrances.
The Mortgaged Property. (b) pProviding a Guarantor’s estoppel, and entering into an indemnification agreement with Lender and any Indemnified Party of any Securitization that includes the Loan confirming Guarantor’s obligations under this Guaranty.
The Mortgaged Property. (1) The fee simple estate in and to the land, being all of Mortgagor’s right, title and interest in and to that certain real property briefly described below and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference, including, without limitation, all present and future rights to possession and use, and all present and future options and other rights appurtenant to the following: All that certain piece, parcel or lot of land, together with the improvements thereon, known as 000 Xxxxxx Xxxxxxxx Drive, West Columbia, South Carolina 29172, situate, lying and being in the Town of West Columbia, in the County of Lexington, in the State of South Carolina and being more particularly shown and designated as 52.42 acres on a plat of 420 Xxxxxx Brothers Drive, prepared for American Realty Capital II, LLC, by Xxxxx Xxxxxxxx, dated September 16, 2009, last revised October 15, 2009, and recorded in the office of the Register of Deeds for Lexington County, SC, in Record Book __________ at page ___________; and having the boundaries and measurements as shown on said plat, reference being craved thereto as often as necessary for a more complete and accurate legal description; TMS No. # 007997-04-008; and any increases and additions thereto (collectively, the “Land”) and all air space above the surface of the Land, with the tenements, hereditaments, appurtenances, privileges, easements, franchises, rights, appendages and immunities thereunto belonging or appertaining;
The Mortgaged Property. Save as disclosed in any Report on Title or otherwise in writing to the Security Trustee:-
The Mortgaged Property. LBP hereby covenants and agrees that, without the prior written approval of Select Energy, or as otherwise permitted in the Purchase Agreement, LBP (i) other than in the ordinary course of business and so long as any such transaction would
The Mortgaged Property. 6.10.03 The Borrower and the Guarantor hereby acknowledge and agree that none of the time span, scope or area covered by the foregoing restrictive covenants is or are unreasonable and that it is the specific intent of the Borrower and the Guarantor that each and all of the restrictive covenants set forth hereinabove shall be valid and enforceable as specifically set forth herein. The Borrower and the Guarantor further agree that these restrictions are special, unique, extraordinary and reasonably necessary for the protection of the Lender and any Purchaser and that the violation of any such covenant by any of the Limited Parties would cause irreparable damage to the Lender and any Purchaser for which a legal remedy alone would not be sufficient to fully protect such parties. 6.10.04
