Mortgage Loan Documents. The Mortgage Loan is evidenced by instruments acceptable to FHA, VA, Xxxxxx Xxx, Xxxxxxx Mac or the Approved Investor, as applicable, given the type of Mortgage Loan. The Mortgage Loan Documents and other mortgage loan documents have been duly executed and delivered by the Mortgagor and create valid and legally binding obligations of the Mortgagor, enforceable in accordance with their terms, except as may be limited by bankruptcy or other laws affecting the enforcement of creditor’s rights generally, and there are no valid rights of rescission, set-offs, counterclaims or other defenses with respect thereto.
Mortgage Loan Documents. The Mortgage Loan Documents shall have been duly authorized, executed and delivered by all parties thereto, the Mortgage Loan shall have been contemporaneously funded and Lender shall have received and approved certified copies thereof. All of the conditions precedent set forth in Article III of the Mortgage Loan Agreement shall have been satisfied and the Mortgage Loan shall have closed and been fully advanced in accordance therewith.
Mortgage Loan Documents. Borrower shall not, and shall not permit Owner to, modify, amend, terminate, extend or seek a consent or waiver under the Mortgage Loan Documents in any respect without the prior written approval of Lender. Borrower shall not, and shall not permit Owner to, use or permit the use of any proceeds of the Mortgage Loan for any purpose not included in the Project Budget. Borrower shall, and shall cause Owner to, fully and timely comply with all terms and provisions of the Mortgage Loan Documents and shall, and shall cause Owner to, at all times during construction keep the Mortgage Loan “in balance” (including, without limitation, the payment required under §2.10 of the Construction Loan Agreement evidencing the Mortgage Loan).
Mortgage Loan Documents. The documents, instruments and agreements evidencing, securing or otherwise relating to the Mortgage Loan, as modified and amended from time to time. In the event that the Mortgage Loan Documents evidencing the Mortgage Loan shall terminate or otherwise be of no force or effect and have not been replaced pursuant to loan documents evidencing an approved Mortgage Loan, then the obligations of Borrower hereunder to perform or cause Owner to Perform any covenants under any of such Mortgage Loan Documents shall survive notwithstanding such termination. Upon the request of Lender, Borrower shall enter into such amendments to the Loan Documents as Lender may reasonably request to incorporate some or all of the representations, warranties and covenants of the Mortgage Loan Documents into the Loan Documents. Multiemployer Plan. Any multiemployer plan within the meaning of §3(37) or §4001(a)(3) of ERISA or §414(f) of the Code maintained or contributed to by Borrower, Owner, any Guarantor or any ERISA Affiliate. Note. See §2.2.
Mortgage Loan Documents. The Mortgage Loan documents are genuine, duly executed by a Mortgagor of legal capacity, and all insertions in any Mortgage Loan document are correct. Seller has no knowledge of any facts that would impair the validity or value of the Mortgage note, the Mortgage, any other Mortgage Loan document or the collateral. The Mortgage Loan documents listed on Exhibit D contain the entire agreement between the parties to each Mortgage Loan. Each Mortgage Loan was originated utilizing Xxxxxx Xxx/Xxxxxxx Mac uniform documents or documents acceptable to Xxxxxx Mae or Xxxxxxx Mac.
Mortgage Loan Documents. Xxxxx Fargo Mortgage Loan Borrower and Xxxxx Fargo Mortgage Loan Lender shall have executed and delivered the Xxxxx Fargo Mortgage Loan Documents, the transactions contemplated thereunder shall have closed and Lender shall have approved all terms and conditions thereof. CIGNA Mortgage Lender shall have consented in writing to the Restructuring and shall have executed and delivered such documents as may be reasonably requested by Lender in respect of cash management, if any. The Mortgage Loan and each of the related Mortgage Loan Documents with respect to each Individual Property encumbered thereby is in full force and effect and there exists no Mortgage Loan Default thereunder by the applicable Mortgage Loan Borrower or, to Borrower’s knowledge, any other party thereto and no event shall have occurred that, with the passage of time and/or the giving of notice, would constitute a Mortgage Loan Default thereunder. All of the representations and warranties by each borrower, guarantor or indemnitor contained in the Mortgage Loan Documents with respect to each Mortgage Loan are true and correct in all material respects as of the date made thereunder.