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

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the utilization of the Improvements located on each Property for their intended purposes in all material respects 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 to the full use and enjoyment of each Property are located either in the public right-of-way abutting such Property (which are connected so as to serve such Property without passing over other property) or in recorded easements serving such Property. All roads necessary for the use of each Property for its current purpose have been completed and either (a) such roads have been dedicated to public use and accepted by all Governmental Authorities or (b) the owner of such Property has been granted a recorded easement over such road for access to and from such Property and such easement is set forth in and insured by the Title Insurance Policy covering such Property.

Appears in 3 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

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Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the utilization of the Improvements located on each Property for their intended purposes in all material respects 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 to the full use and enjoyment of each Property are located either in the public right-of-way abutting such Property (which are connected so as to serve such Property without passing over other property) or in recorded easements serving such Property. All roads necessary for the Pool 2 use of each Property for its current purpose have been completed and either (a) such roads have been dedicated to public use and accepted by all Governmental Authorities or (b) the owner of such Property has been granted a recorded easement over such road for access to and from such Property and such easement is set forth in and insured by the Title Insurance Policy covering such Property.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Easements; Utilities and Public Access. All easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, 10 “Easements”), if any, necessary for the full utilization of the Improvements located on each Property for their intended purposes in all material respects have been obtained, are described in the Title Insurance Policies Policy and are in full force and effect effect, and to Borrower’s knowledge, without default thereunder. Each Property has The Properties have rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Property the Properties for its intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Property the Properties are located either in the public right-of-way abutting the Properties or through easements insured pursuant to the Title Policy, and all such Property (which utilities are connected so as to serve such Property the Properties without passing over other property) or in recorded easements serving such Propertyproperty absent a valid easement. All roads necessary for the use of each Property the Properties for its current purpose have been completed and either (a) such roads have been dedicated to public use and accepted by all Governmental Authorities or (b) the owner of such Property has been granted a recorded easement over such road for access to and from such Property and such easement is set forth in and insured by the Title Insurance Policy covering such PropertyAuthorities.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

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Easements; Utilities and Public Access. All To each Borrower’s knowledge, except as identified on the Surveys or as disclosed in the Title Insurance Policies, all easements, cross easements, licenses, air rights and rights-of-way or other similar property interests (collectively, “Easements”), if any, necessary for the practical utilization of the Improvements located on with respect to each Property for their intended current purposes in all material respects have been obtained, are described in the Title Insurance Policies obtained and are in full force and effect without default thereundereffect. Each To each Borrower’s knowledge, except as shown on the Surveys or as disclosed in the Title Insurance Policies, 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 Except as shown on the Surveys or as disclosed in the Title Insurance Policies, all public utilities necessary or convenient to the full use and enjoyment of each Property are located either in the public right-of-way abutting such Property (which Property, and all such utilities are connected so as to serve such Property without passing over other property) property absent a valid easement. Except as shown on the Surveys or as disclosed in recorded easements serving such Property. All the Title Insurance Policies, all roads necessary for the use of each Property for its current purpose have been completed and either (a) such roads have been dedicated to public use and accepted by all Governmental Authorities or (b) the owner of such Property has been granted a recorded easement over such road for access to and from such Property and such easement is set forth in and insured by the Title Insurance Policy covering such PropertyAuthorities.

Appears in 1 contract

Samples: Loan Agreement (Gramercy Capital Corp)

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