Fee Simple. With respect to a Land Home Contract, the Mortgage creates a first lien or a first priority ownership interest in an estate in fee simple in real property securing the related Mortgage Note;
Fee Simple. Unless the Mortgage Loan is covered by the representation and warranty in the immediately following paragraph (xlv), the Mortgage Loan is secured in whole or material part by a fee simple interest.
Fee Simple. The LLC Disclosure Schedule sets forth a description of each parcel of real property owned by any Company and identifies which Company owns such real property, including, but not limited to, those properties reflected on the LLC Financial Statements (the "REAL PROPERTY"), together with a summary description of the buildings, structures and improvements thereon. Such Company has good and marketable title in fee simple absolute to all Real Property, and to the buildings, structures and improvements thereon, in each case free and clear of all Liens other than Permitted Liens. Except for such leases, licenses and other interests as are particularly described in the LLC Disclosure Schedule, such Company has not granted any leases, licenses or other interests in the Real Property or any part thereof. All leases, licenses or other interests disclosed therein are current, in good standing, and no Company is in default thereunder.
Fee Simple. All that certain lot or parcel of land situate in the Xxxxxxxxxxx Xxxxxxxx, Xxxx xx Xxxxxx, Xxxxxx of Wood, State of West Virginia, more particularly bounded and described as follows: Beginning at a point on the Westerly right of way line of West Virginia Route No. 14, said point being common to a concrete monument on the dividing lands now or formerly of L & M Associates and lands now or formerly of Pennzoil Company; thence from said point of beginning through lands now or formerly of L & M Associates, South 13°49'17" West, a distance of 41.06' to a point; thence by the line dividing lands now or formerly of L & M Associates and lands now or formerly of Xxxxxx Xxxxxxxxxxx, Xxxxx 00°00'00" Xxxx, a distance of 52.25' to a point; thence by the line dividing lands now or formerly of L & M Associates and lands now or formerly of Pennzoil Company, South 69°30'21" East, a distance of 27.89' to a point at the place of beginning. Contains: 568.70 Sq. Ft. or 0.013 Acres Parcel III - Fee Simple: All that certain lot or parcel of land situate in the Xxxxxxxxxxx Xxxxxxxx, Xxxx xx Xxxxxx, Xxxxxx of Wood, State of West Virginia, more particularly bounded and described as follows: Beginning at a point on the Westerly right of way line of West Virginia Route No. 14, also known as Xxxxxxx Avenue, common to the southeasterly corner of lands now or formerly of Parkersburg National Bank and lands now or formerly of L & M Associates; thence from said point of beginning by the Westerly right of way line of West Virginia Xxxxx Xx. 00, Xxxxx 00°00'00" Xxxx, a distance of 183.58' to a point of curvature at the intersection of the Westerly right of way line of West Virginia Xxxxx Xx. 00 and the northerly side of Grand Central Mall Access Road No. 2; thence by the northerly side of Grand Central Mall Access Road No. 2 in a Westerly direction by an Continued... EXHIBIT “A” LEGAL DESCRIPTION, Continued... Parcel III - Fee Simple, Continued... arc of a circle deflecting to the right in a southwestwardly direction, having a radius of 30.97', an arc distance of 52.96' (chord bearing and distance, South 32°56'37" West, 46.74') to a point of compound curvature; thence by same in a Westerly direction by an arc of a circle deflecting to the right in a northwestwardly direction, having a radius of 257.00', an arc distance of 196.46' (chord bearing and distance, North 76°10'18" West, 191.71') to a point on the line dividing lands now or formerly of L & M Associates and lands now or formerly of...
Fee Simple. Except as set forth in the Disclosure Schedule, the Company or applicable Subsidiary has good, indefeasible and marketable title in fee simple to all real property owned by the Company or the Subsidiaries that constitutes part of the Acquired Assets (the "Real Property"), including but not limited to those properties reflected on the Company Financial Statements and the Express Financial Statements, and to the buildings, structures and improvements thereon, in each case free and clear of all security interests, liens (choaxx xx inchoate), encumbrances, mortgages, pledges, equities, charges, assessments, easements, covenants, restrictions, reservations, defects in title, encroachments and other burdens, whether arising by contract or under law, other than (x) inchoate statutory liens for amounts not yet payable and (y) the lien of DLJ with respect to foreclosed real properties financed by DLJ (collectively, "Liens") and other than matters customarily excepted from the coverage of an ALTA title insurance policy, whether or not the same render the title to such Real Property unmarketable. Neither the Company nor any Subsidiary has granted any leases on, and there are no tenancies on, the Real Property. The Disclosure Schedule sets forth a complete description by metes and bounds or lot, block and section of the Irvine Properties.
Fee Simple. Authority Landlord states that to its best knowledge and belief, and without independent investigation, that (a) the Building and the leased premises are in material compliance with all applicable zoning, land use and environmental laws and agreements and the requirements of all easement and encumbrance documents and Landlord agrees to keep the same in compliance throughout the Term; (b) the uses of the leased premises contemplated hereunder are permitted as of right at the leased premises; (c) Landlord holds fee simple title to the Building, subject to no mortgage other than one referenced in Section 14 below; (d) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; (e) no other party has any possessory right to the leased premises; and (f) provided that Tenant has complied with the provisions of Section 31 of this lease, Tenant has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith.
Fee Simple. Except as specifically set forth in Part 4.4(c) of the Disclosure List, Seller has, and on the Closing Date CNI will have, good, indefeasible and marketable title in fee simple absolute to the Real Property and to the Fixtures and Improvements, in each case free and clear of all Encumbrances, mortgages, assessments, easements, covenants, reservations, defects in title, encroachments and other burdens, whether arising by contract or under law (collectively, "Liens"), whether or not the same render the title to such Real Property unmarketable. All Fixtures and Improvements owned by Seller lie wholly within the boundaries of the Real Property and do not encroach upon the property of, or otherwise conflict with the property rights of, any other Person.
Fee Simple. BEGINNING at a point in the westerly margin of the right-of-way of Old Pineville Road in a corner of the land conveyed to X. Xxxxxxx Clerk, et al., by deed recorded in Book 4712, Page 354, Mecklenburg County Public Registry, which point is located North 01-56-48 West 119.15 feet from a top iron in the westerly margin of the right-of-way of Old Pineville Road marking the northeasterly corner of the property designated as Lot 3 in Block 2 on the revised map of MAPLEHURST, Section 1, recorded in Map Book 3 at Page 208 in the Office of the Register of Deeds for Mechlenburg County, North Carolina, which lot was conveyed to X. X. Xxxxxxxx Co., Inc. by deed recorded in Book 2062, Page 455, in the Office of the Register of Deeds for Mechlenburg County, North Carolina, and running thence with the boundary of the Xxxxx, et al., Land, two (2) to a point; and (2) North 02-02-45 West 195.50 feet to a point in the southerly margin of the right-of-way of Woodlawn Road; thence with the southerly margin of the right-of-way of Woodlawn Road, the following three (3) courses and distances as follows: (1) South 66-58-56 East 12.61 feet to an existing concrete monument; (2) South 69-57-08 East 148.12 feet to an existing concrete monument; and (3) with the arc of a circular curve to the right having a radius of 25 feet, an arc distance of 29.54 feet to an existing concrete monument located in the westerly margin of the right-of-way of Old Pineville Road; thence with the westerly margin of the right-of-way of Old Pineville Road two (2) courses and distances as follows: (1) South 02-15-03 East 80.89 feet to a top iron; and (2) South 01-56-48 East 30.34 feet to the point or place of BEGINNING and containing .608 acre or 26,482.70 square feet, according to survey of X.X. Xxxxx & Associates dated November 7, 1975 to which survey reference is hereby made for a more particular description of the property. PARCEL B (continued) TRACT II - EASEMENT RIGHTS BEGINNING at a point in the westerly margin of the right-of-way of Old Pineville Road, which point is located North 01-56-48 West 89.15 feet from a top iron marking the northeasterly corner of the property designated as Lot 3 in Block 2 on the revised map of MAPLEHURST, Section 1, recorded in Map Book 3 at page 208 in the Office of the Register of Deeds for Mecklenburg County, which lot was conveyed to X.X. Xxxxxxxx Co., Inc. by deed recorded in Book 2062 at Page 455 in the Office of the Register of Deeds for Mechlenburg County, North Ca...
Fee Simple. Except with respect to Second Lien Mortgage Loans, the Mortgage creates a first lien or a first priority ownership interest in an estate in fee simple in real property securing the related Mortgage Note (except as provided for in clause (k) below). With respect to a Second Lien Mortgage Loan, the Mortgage creates a second lien or a second priority ownership interest in an estate in fee simple in real property securing the related Mortgage Note (except as provided for in clause (k) below).
Fee Simple. All that certain lot or parcel of land situate in the Xxxxxxxxxxx Xxxxxxxx, Xxxx xx Xxxxxx, Xxxxxx of Wood, State of West Virginia, more particularly bounded and described as follows: Beginning at a point on the Westerly right of way line of the Baltimore & Ohio Railroad, said point being common to the line dividing lands now or formerly of Par-Progress, Inc., and lands now or formerly of Soffer, Lewis, Xxxxx and Xxxxxxx; thence from said point of beginning by the Westerly right of way line of the Baltimore & Ohio Railroad the following three (3) courses and distances, viz: South 07º 30' 30” West, a distance of 526.40 feet to a point; thence by an arc of a circle deflecting to the right in a southwestwardly direction, having a radius of 4558.75', an arc distance of 426.73' (chord bearing and distance, South 10°11'24" West, 426.57') to a point; thence South 12º 52' 18” West, a distance of 1,324.29 feet to a point; thence by the line dividing lands now or formerly of Soffer, Lewis, Xxxxx and Xxxxxxx and lands now or formerly of the City of Parkersburg, North 62º 01' 42” West, a distance of 688.52 feet to a point on the meander line of the back channel of the Ohio River; thence by the Easterly meander line of the back channel of the Ohio River the following eight (8) courses and distances, viz: North 25º 34' 30” East, a distance of 228.00 feet to a point; thence North 19º 00' 00” East, a distance of 452.00 feet to a point; thence North 22º 08' 30” East, a distance of 338.00 feet to a point; thence North 24º 37' 30” East, a distance of 299.00 feet; thence North 18º 13' 30” East, a distance of 414.00 feet to a point; thence North 19º 48' 00” East, a distance of 274.00 feet to a point; thence North 13º 23' 30” East, a distance of 130.00 feet to a point; thence North 14º 26' 00” East, a distance of 69.92 feet to a point; thence by the line dividing lands now or formerly of Par-Progress, Inc. and lands now or formerly of Soffer, Lewis, Xxxxx, and Xxxxxxx, South 61º 17' 30” East, a distance of 319.19 feet to the point at the place of beginning. Contains: 1,103,672.33 Sq. Ft. or 25.337 Acres. Continued... EXHIBIT “A” LEGAL DESCRIPTION, Continued...
