Common use of Easements and Rights-of-Way Clause in Contracts

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Premises or the Improvements without the prior written consent of Lender. Borrower shall comply with all easements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent without charge to Borrower other than expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination.

Appears in 7 contracts

Samples: Mortgage, Security Agreement and Fixture Filing (Acadia Realty Trust), Mortgage, Security Agreement (Acadia Realty Trust), Mortgage, Security Agreement and Fixture Filing (Mack Cali Realty Corp)

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Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Premises or the Improvements without the prior written consent of Lender. Borrower shall comply with all easements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent without charge to Borrower other than expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination.

Appears in 4 contracts

Samples: , Security Agreement and Fixture Filing (Campus Crest Communities, Inc.), Management Agreement (Campus Crest Communities, Inc.), Security Agreement and Fixture Filing (NNN Apartment REIT, Inc.)

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Premises or the Improvements without the prior written consent of Lender. Borrower shall comply with all easements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Security Deed and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent without charge to Borrower other than expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination.

Appears in 1 contract

Samples: Debt, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.)

Easements and Rights-of-Way. Borrower shall not grant any easement or right-of-way with respect to all or any portion of the Premises or the Improvements without the prior written consent of Lender. Borrower shall comply with all easements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender Lxxxxx agrees to grant such consent without charge to Borrower other than expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender Lxxxxx in the review of BorrowerBxxxxxxx’s request and in the preparation of documents effecting the subordination.

Appears in 1 contract

Samples: Security Agreement and Fixture (NNN Apartment REIT, Inc.)

Easements and Rights-of-Way. Borrower Trustor shall not grant any easement or right-of-way with respect to all or any portion of the Premises Real Estate or the Improvements without the prior written consent of Lender. Borrower Beneficiary which consent shall comply with all easements affecting the Propertynot be unreasonably withheld. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Deed of Trust and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender Beneficiary consents to the grant of an easement or right-of-way, Lender Beneficiary agrees to grant such consent without charge to Borrower provided that Beneficiary is paid a standard review fee together with all other than expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender Beneficiary in the review of BorrowerTrustor’s request and in the preparation of documents effecting the subordination.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Catellus Development Corp)

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Easements and Rights-of-Way. Borrower Borrowers shall not grant any easement or right-of-way with respect to all or any portion of the Premises or the Improvements Real Estate without the prior written consent of Lender. Borrower shall comply with all easements affecting the Property, but Lender will not unreasonably withhold its consent for access for any utility or other service providers. The purchaser at any foreclosure sale hereunder may, at in its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage any Security Instrument and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent without charge to Borrower Borrowers other than reasonable expenses, including, without limitation, including reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s Borrowers’ request and and, if applicable, in the preparation of documents effecting relating to the subordinationsubordination of any Security Instrument to such easement or right-of-way.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

Easements and Rights-of-Way. Borrower shall not grant any easement or right-right- of-way with respect to all or any portion of the Premises or the Improvements without the prior written consent of Lender. Borrower shall comply with all easements affecting the Property. The purchaser at any foreclosure sale hereunder may, at its discretion, disaffirm any easement or right-of-way granted in violation of any of the provisions of this Mortgage Security Deed and may take immediate possession of the Property free from, and despite the terms of, such grant of easement or right-of-way. If Lender consents to the grant of an easement or right-of-way, Lender agrees to grant such consent without charge to Borrower other than expenses, including, without limitation, reasonable attorneys’ fees, incurred by Lender in the review of Borrower’s request and in the preparation of documents effecting the subordination.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Campus Crest Communities, Inc.)

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