Common use of Utilities and Public Access Clause in Contracts

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 44 contracts

Samples: Loan Agreement, Second Mezzanine Loan Agreement (Harrahs Entertainment Inc), Third Mezzanine Loan Agreement (Harrahs Entertainment Inc)

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Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 33 contracts

Samples: Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which utilities are connected so as to serve such Individual Property without passing over other property) or are in recorded recorded, irrevocable easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 10 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine B Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine a Loan Agreement (Hospitality Investors Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 6 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 5 contracts

Samples: Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 4 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Owner’s Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 4 contracts

Samples: Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp), Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full existing use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their its current respective purposes have been completed and and, if necessary, dedicated to public use and accepted by all Governmental Authoritiesuse.

Appears in 3 contracts

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust), Loan and Security Agreement (American Financial Realty Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such the applicable Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such the applicable Individual Property (which are connected so as to serve such the applicable Individual Property without passing over other property) or in recorded easements serving such the applicable Individual Property and such easements are set forth in and insured by the applicable Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Samples: Loan Agreement (Gladstone Commercial Corp), Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and except as disclosed on the Surveys, are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 3 contracts

Samples: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the related Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Samples: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (New York REIT, Inc.), Mezzanine Loan Agreement (New York REIT, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such the applicable Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such the applicable Individual Property (which are connected so as to serve such the applicable Individual Property without passing over other property) or in recorded easements serving such the applicable Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesProperty. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Samples: Loan Agreement (Strategic Storage Trust II, Inc.), Loan Agreement (Strategic Storage Trust IV, Inc.), Loan Agreement (Strategic Storage Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Owner's Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and completed, are physically open and, except as disclosed on the Surveys, are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 2 contracts

Samples: Junior Mezzanine Loan Agreement (Felcor Lodging Trust Inc), Mezzanine Loan Agreement (Felcor Lodging Trust Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All public roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Samples: Loan Agreement (BRE Select Hotels Corp), Management Agreement (ESH Hospitality LLC)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such the applicable Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such the applicable Individual Property (which are connected so as to serve such the applicable Individual Property without passing over other property) or in recorded easements serving such and appurtenant to the applicable Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesProperty. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Samples: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (Healthcare Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are available at such Property and are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities. There is no on-site sewage disposal system and each Property is served by a sewer system maintained by a Governmental Authority or property owners association.

Appears in 2 contracts

Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Utilities and Public Access. Each Individual Property has The Properties collectively have rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental AuthoritiesAuthorities (or Borrower has access to such public roads pursuant to recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policy).

Appears in 1 contract

Samples: Loan Agreement (Sabre Corp)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the related Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Gramercy Capital Corp)

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Utilities and Public Access. Each Individual Property has rights --------------------------- of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

Utilities and Public Access. Each Individual Property has adequate rights of access to public ways and is served by adequate water, sewer, sanitary sewer and storm drain facilities adequate facilities. Except as otherwise disclosed by the Surveys, and except as set forth on Schedule 2 hereto, to service such Individual Property for its respective intended uses. All the best of Borrower's knowledge, all public utilities necessary or convenient to the full continued use and enjoyment of each Individual Property as presently used and enjoyed are located either in the public right-of-way abutting the premises, and all such Individual Property (which utilities are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use full utilization of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental AuthoritiesAuthorities or are the subject of access easements for the benefit of the Individual Property.

Appears in 1 contract

Samples: Loan Agreement (American Real Estate Investment Corp)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental AuthoritiesAuthorities or are located in recorded easements servicing such Individual Property and such easements are set forth in and insured by the Title Insurance Policy.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended current uses. All public utilities necessary or convenient to the full continued use and enjoyment of each Individual Property as presently used and enjoyed are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authoritiesgovernmental authorities or are the subject of access easements for the benefit such Individual Property.

Appears in 1 contract

Samples: Loan Agreement (Ps Business Parks Inc/Ca)

Utilities and Public Access. Each Individual Property of the Properties has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property of the Properties are located either in the public right-of-way abutting such Individual Property Properties (which are connected so as to serve such Individual Property the Properties without passing over other property) or in recorded easements serving such Individual Property Properties and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property of the Properties for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities, other than as disclosed to Lender in writing and approved by Lender.

Appears in 1 contract

Samples: Loan Agreement (Capstar Hotel Co)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to for the full use and enjoyment operation of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other propertyproperty absent a valid easement) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (BlueLinx Holdings Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to for the full existing use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other propertyProperty) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and and, if necessary, dedicated to public use and accepted by all Governmental Authoritiesuse.

Appears in 1 contract

Samples: Loan and Security Agreement (Urban Edge Properties)

Utilities and Public Access. Each Individual Property of the Properties has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property of the Properties are located either in the public right-of-way abutting such Individual Property Properties (which are connected so as to serve such Individual Property the Properties without passing over other property) or in recorded easements serving such Individual Property Properties and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property of the Properties for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Ramco Gershenson Properties Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Owner’s Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 1 contract

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

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Harrahs Entertainment Inc)

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