No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender pursuant to the Loan Documents, including, but not limited to, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by Lender.
Appears in 20 contracts
Samples: And Security Agreement (Strategic Student & Senior Housing Trust, Inc.), Mortgage, Security Agreement and Fixture Filing (Industrial Income Trust Inc.), Mortgage, Security Agreement and Fixture Filing (Acadia Realty Trust)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender Beneficiary pursuant to the Loan Documents, including, but not limited to, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender Beneficiary shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderBeneficiary.
Appears in 7 contracts
Samples: Security Agreement and Fixture Filing (Cornerstone Growth & Income REIT, Inc.), Trust and Security Agreement (Cornerstone Realty Income Trust Inc), Trust and Security Agreement (Westcoast Hospitality Corp)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender pursuant to the Loan Documents, including, but not limited to, any officer’s certificatecertificates, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by Lender.
Appears in 7 contracts
Samples: And Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gsi Commerce Inc), Rents and Security Agreement (Gladstone Commercial Corp)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender Grantee pursuant to the Loan Documents, including, but not limited to, any officer’s certificate, 's certificates balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender Grantee shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderGrantee.
Appears in 5 contracts
Samples: Record And (Merry Land Properties Inc), Record And (Merry Land Properties Inc), Record And (Merry Land Capital Trust)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender pursuant to the Loan Documents, including, but not limited to, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by Lender.
Appears in 4 contracts
Samples: Loan Agreement (Global Self Storage, Inc.), Debt and Security Agreement (Sun Communities Inc), Secure Debt and Security Agreement (Sun Communities Inc)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender Beneficiary pursuant to the Loan Documents, including, but not limited to, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender Beneficiary shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderBeneficiary.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Indemnity and Guaranty Agreement (Catellus Development Corp)
No Representation. By accepting delivery of any item required to ----------------- be observed, performed or fulfilled or to be given to Lender Beneficiary pursuant to the Loan Documents, including, but not limited to, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender Beneficiary shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderBeneficiary.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
No Representation. By accepting delivery of any item required to be ----------------- observed, performed or fulfilled or to be given to Lender Beneficiary pursuant to the Loan Documents, including, but not limited to, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender Beneficiary shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderBeneficiary.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Nei Webworld Inc)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender pursuant to the Loan Documents, including, but not limited to, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderLxxxxx.
Appears in 1 contract
Samples: Security Agreement and Fixture (NNN Apartment REIT, Inc.)
No Representation. By accepting delivery of any item required to be observed, performed or fulfilled or to be given to Lender Beneficiary pursuant to the Loan Documents, including, but not limited to, any officer’s certificate, 's certificates balance sheet, statement of profit and loss or other financial statement, survey, appraisal or insurance policy, Lender Beneficiary shall not be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness or legal effect of the same, or of any term, provision or condition thereof, and such acceptance of delivery thereof shall not be or constitute any warranty, consent or affirmation with respect thereto by LenderBeneficiary.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)
