REOA. (a) The Borrower hereby covenants and agrees with respect to the REOA as follows:
REOA. (a) Mortgage Borrower is a party (either directly or as a successor-in-interest) to the REOA and has not been amended or modified and Mortgage Borrower’s interest therein has not been assigned pursuant to any assignment which survives the Closing Date except the assignment to Mortgage Lender pursuant to the Mortgage Loan Documents (provided that Mortgage Borrower has granted CPLV Tenant certain rights and obligations, but not a security interest, under the REOAs as set forth in the CPLV Lease);
REOA. Borrower shall cause Mortgage Borrower to comply with Section 5.1.30 of the Mortgage Loan Agreement.
REOA. Borrower hereby represents and warrants to Lender that: Other than the Loan Documents, the Borrower Operating Agreement, Senior Mezzanine Borrower Company Agreement, the Maryland Owner Company Agreements and Mortgage Borrower Company Agreements, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound, or has incurred any Indebtedness, and prior to the date of this Agreement and Borrower has not entered into any Contractual Obligation, or any agreement, instrument or undertaking by which it or its assets are bound or incurred any Indebtedness.
REOA. Borrower hereby represents and warrants to Lender that, except as may otherwise be set forth in the REOA Estoppel:
REOA. To Borrower’s knowledge, the REOA (as such term is defined in the Security Instrument) is currently in full force and effect and is unmodified. Borrower is unaware of any default under the REOA. Any and all consents and approvals required to be obtained under the REOA for consummation of the Transfer have been obtained and delivered to Lender.
REOA. Each of Borrower and Maryland Owner hereby represents and warrants to Lender that:
REOA. Each of Borrower and Maryland Owner hereby covenants and agrees with Lender with respect to the REOA as follows:
REOA. The “REOA” is that certain Reciprocal Easement and Operation Agreement described in Item 4 of Schedule B of Seller’s Title Policy. Seller has not received any written notice that Seller is in default of any material obligations of Seller under the REOA, which default has not been cured. Seller has not delivered written notice to any other party under the REOA of a default on the part of such party that has not been cured.
