Common use of Title to Mortgaged Property Clause in Contracts

Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, pledge, encroachment, zoning violation, or encumbrance, except Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly within the boundaries of the Land.

Appears in 7 contracts

Samples: Loan Agreement (Advocat Inc), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Arv Assisted Living Inc)

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Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, pledge, encroachment, zoning violation, or encumbrance, encumbrance except Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the LoanEncumbrances. All Improvements situated on the Land are situated wholly within the boundaries of the Land.

Appears in 4 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (American Retirement Corp)

Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, deed to secure debt, pledge, encroachment, zoning violation, or encumbrance, except Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage Security Instrument or the current proposed use or operation of the Land and the Improvements or the current proposed ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly within the boundaries of the Land.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (CNL Healthcare Trust, Inc.), Loan Agreement (CNL Healthcare Trust, Inc.)

Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, pledge, encroachment, zoning violation, or encumbrance, except Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly in all material respects within the boundaries of the Land.

Appears in 1 contract

Samples: Loan Agreement (Sunrise Senior Living Inc)

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Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lienLien, mortgage, pledge, encroachment, zoning violation, or encumbrance, except Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage Security Instrument or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly within the boundaries of the Land.

Appears in 1 contract

Samples: Loan Agreement (CNL Healthcare Properties II, Inc.)

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