Common use of Easements; Utilities and Public Access Clause in Contracts

Easements; Utilities and Public Access. To Borrower’s Knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies and are in full force and effect without default thereunder. Each Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Property for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Property are, to Borrower’s Knowledge, located in the public right-of-way abutting such Property, and, to Borrower’s Knowledge, all such utilities are connected so as to serve such Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

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

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Easements; Utilities and Public Access. To Borrower’s KnowledgeBorrowers’ knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies and are in full force and effect without default thereunder. Each Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Property it for its intended uses. All To Borrowers’ knowledge, all public utilities necessary or convenient to the full use and enjoyment of each Property are, to Borrower’s Knowledge, are located in the public right-of-way abutting such Property, and, to Borrower’s Knowledge, and all such utilities are connected so as to serve such Property without passing over other property absent a valid irrevocable easement. All To Borrowers’ knowledge, all roads necessary for the use of each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

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

Easements; Utilities and Public Access. To Borrower’s Knowledge, all All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies and to the best of Borrowers’ actual knowledge, are in full force and effect without default thereunder. Each Property has The Properties have rights of access to public ways and is are served by water, sewer, sanitary sewer and storm drain facilities adequate to service such each Property for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Property are, to Borrower’s Knowledgethe best of Borrowers’ knowledge, located in the public right-of-way abutting such each Property, and, to Borrower’s Knowledge, and all such utilities are connected so as to serve such each Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of EAST\87098743.3 each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)

Easements; Utilities and Public Access. To the best of Borrower’s Knowledgeknowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies Policy and are in full force and effect without default thereunder. Each 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 Property it for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each the Property are, to Borrower’s Knowledge, are located in the public right-of-way abutting such the Property, and, to Borrower’s Knowledge, and all such utilities are connected so as to serve such the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of each the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Easements; Utilities and Public Access. To Borrower’s Knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies Policy and are in full force and effect without default thereunder. Each 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 Property it for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each the Property are, to Borrower’s Knowledge, are located in the public right-of-way abutting such the Property, and, to Borrower’s Knowledge, and all such utilities are connected so as to serve such the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of each the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.Authorities 30

Appears in 1 contract

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

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Easements; Utilities and Public Access. To Borrower’s Knowledgeactual knowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies Policy and are in full force and effect without default thereunder. Each 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 the Property for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each the Property are, to Borrower’s Knowledge, are located in the public right-of-way abutting such the Property, and, to Borrower’s Knowledge, and all such utilities are connected so as to serve such the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of each the Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.)

Easements; Utilities and Public Access. To Borrower’s Knowledgeknowledge, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the full utilization of the Improvements for their intended purposes have been obtained, are described in the Title Insurance Policies Policy and are in full force and effect without default thereunder. Each 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 Property for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Property are, to Borrower’s Knowledgeknowledge, located in the public right-of-way abutting such the Property, and, to Borrower’s Knowledge, and all such utilities are connected so as to serve such the Property without passing over other property absent a valid irrevocable easement. All roads necessary for the use of each Property for its current purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

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