Condominium Representations. (a) To Borrower’s actual knowledge, the Condominium has been legally and validly created pursuant to all Legal Requirements and the Condominium Documents.
Condominium Representations. Except as set forth on Schedule 3.36,
Condominium Representations. Borrower represents and warrants that to the best of Borrower’s knowledge (a) the Condominium Documents are in full force and effect; (b) all amounts due and payable by Mortgage Borrower under the Condominium Documents have been paid; (c) there is no existing material default or breach of any covenant or condition on the part of Mortgage Borrower or any other Person under any Condominium Document; (d) except as set forth on Schedule 4.44(d), no other party to any of the Condominium Documents has any defense, set-off or counterclaim against Mortgage Borrower or Operating Lessee; and (e) there are no amendments of or modifications to any Condominium Documents except as disclosed in writing to Lender.
Condominium Representations. Borrower represents and warrants that to the best of Borrower’s knowledge (a) the Condominium Documents are in full force and effect; (b) all amounts due and payable by Borrower under the Condominium Documents have been paid; (c) there is no existing material default or breach of any covenant or condition on the part of Borrower or any other Person under any Condominium Document; (d) except as set forth on Schedule 4.44(d), no other party to any of the Condominium Documents has any defense, set-off or counterclaim against Borrower or Operating Lessee; and (e) there are no amendments of or modifications to any Condominium Documents except as disclosed in writing to Lender.
Condominium Representations. (a) The Condominium has been legally and validly created pursuant to all Legal Requirements and the Condominium Documents. The Condominium Documents are valid and enforceable and there currently exists no default or event of default thereunder by Mortgage Borrower or, to Borrower’s knowledge, by any other party thereto. All fees, dues, charges and assessments, whether annual, monthly, regular, special or otherwise, including, any “Common Charges” (as such term is defined in the Condominium Documents) (collectively, the “Common Charges”) payable by Mortgage Borrower to date have been fully paid. Xxxxx Xxxxxx Holdings LLC is one of the “Declarants” (as such term is defined in the Condominium Documents) and is the owner of the Units each as set forth on Schedule XIV attached hereto. No Affiliate of Borrower (other than Mortgage Borrower) owns any Units. There are currently no special or other extraordinary Common Charges pending (other than regular, monthly Common Charges). The Board has not established a working capital or any other similar type of reserve. There are no judgments, suits or claims pending, filed or threatened against the Board or the Association. Neither the Board nor any other Person has any right of first refusal or option to purchase the Individual Property subject to the Condominium Documents. All of the members and officers of the Board are listed on Schedule XV attached hereto. The members of the Board appointed by Mortgage Borrower are designated as such on Schedule XV. The Board has the sole power and authority to act on behalf of, and bind, the Condominium.
Condominium Representations. The Properties described on Schedule 4.1.48 annexed hereto are subject to a condominium regime.
Condominium Representations. (a) Borrower has delivered to Lender true, correct and complete copies of each of the Condominium Documents, and there are no other agreements, instruments or other documents to which Borrower is a party or by which Borrower may be bound relating to the creation and/or governance of the Condominium. The Condominium Documents are in full force and effect.
Condominium Representations. (1) Each of the Condominium Documents, to Borrower’s knowledge, is in full force and effect and none of the Condominium Documents have been modified or amended.
Condominium Representations. (1) Except as set forth on Exhibit A of the Mortgage, the Condominium Declaration has not been further modified or amended and remains in full force and effect.
Condominium Representations
