Common use of Boundaries Clause in Contracts

Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.

Appears in 13 contracts

Samples: Loan Agreement (Bref Hr, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC), First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

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Boundaries. Except as disclosed on the applicable Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any affecting such Individual Property encroach upon any of the Improvements, so as (in each of the foregoing cases) to materially and adversely affect the value or marketability of such Property Individual Property, except those which are set forth on the applicable Survey and insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 9 contracts

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

Boundaries. Except as disclosed shown on the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and to Borrower’s knowledge, no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 4 contracts

Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)

Boundaries. Except as disclosed As depicted on the Surveys, Surveys of the Properties delivered to each Borrower’s actual knowledgeLender, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 3 contracts

Samples: Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.), Loan Agreement (Brixmor Property Group Inc.), Loan Agreement (Brixmor Property Group Inc.)

Boundaries. Except as expressly disclosed on in the Title Insurance Policies or the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.

Appears in 3 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Boundaries. Except as disclosed on set forth in the SurveysTitle Insurance Policies, to each Borrower’s actual knowledge, Knowledge all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property Property, except those which are set forth on the Survey of such Property and insured against by the applicable Title Insurance Policy for such Property.

Appears in 3 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledge, and except as may be disclosed in the Survey, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any such Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those easements or other encumbrances with respect to which are insured against by the applicable Title Insurance Policy for such Propertyinsures against any losses resulting therefrom.

Appears in 2 contracts

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

Boundaries. Except Other than as disclosed shown on the SurveysSurvey of the applicable ---------- Individual Property, to each the best of Borrower’s actual 's knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

Boundaries. Except as disclosed on set forth in the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Samples: Loan Agreement (Hilton Worldwide Holdings Inc.)

Boundaries. Except as disclosed expressly set forth in a Physical Condition Report or on the Surveys, to each Borrower’s actual knowledgeSurvey, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Samples: Management Agreement (Wyndham International Inc)

Boundaries. Except as disclosed shown on the SurveysSurvey or in the Title Insurance Policy, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.

Appears in 1 contract

Samples: Loan Agreement (Piedmont Office Realty Trust, Inc.)

Boundaries. Except To the best of Borrower’s knowledge and except as disclosed may be depicted on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any such Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect have a material adverse effect on the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for applicable to such Property.

Appears in 1 contract

Samples: Loan Agreement (Orchard Supply Hardware Stores Corp)

Boundaries. Except as disclosed set forth on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any such Property encroach upon any of the ImprovementsImprovements on such Property, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Propertyor are Permitted Encumbrances.

Appears in 1 contract

Samples: Loan Agreement (Plymouth Industrial REIT Inc.)

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Boundaries. Except as disclosed on set forth in the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and and, except as disclosed in the Surveys, no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

Boundaries. Except as disclosed may be shown on the Surveys, survey furnished to each Borrower’s actual knowledgeLender, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such any Property except those easements or other encumbrances with respect to which are insured against by the applicable Title Insurance Policy for such Propertyinsures against any losses resulting therefrom.

Appears in 1 contract

Samples: Loan Agreement (Assisted 4 Living, Inc.)

Boundaries. Except as disclosed on set forth in the Surveys, to each Borrower’s actual knowledgeSurvey and in Lender's Title Insurance policy, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any affecting the Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such Propertyeach of which, whether or not insured are shown on the Survey.

Appears in 1 contract

Samples: Loan Agreement (Cedar Shopping Centers Inc)

Boundaries. Except as disclosed on set forth in the Surveys, to each BorrowerSurvey and in Lender’s actual knowledgeTitle Insurance policy, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any affecting the Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such Propertyeach of which, whether or not insured are shown on the Survey.

Appears in 1 contract

Samples: Loan Agreement (Cedar Shopping Centers Inc)

Boundaries. Except as disclosed on shown of the Surveys, surveys delivered by Borrower to each Borrower’s actual knowledgeLender in connection with the Loan, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.

Appears in 1 contract

Samples: Loan Agreement (Ramco Gershenson Properties Trust)

Boundaries. Except as disclosed shown on the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and and, no improvements on adjoining properties encroach upon such Property, and no . No easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of such Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)

Boundaries. Except as disclosed shown on the Surveys, to Survey of each Borrower’s actual knowledgeIndividual Property or reflected on the Title Insurance Policy, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Individual Property.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledgeKnowledge, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties encroach upon such the Property, and no . No easements or other encumbrances upon any affecting the Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

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