Common use of Boundaries Clause in Contracts

Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.

Appears in 13 contracts

Sources: Loan Agreement (Bref Hr, LLC), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Boundaries. Except as disclosed on the applicable Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any affecting such Individual Property encroach upon any of the Improvements, so as (in each of the foregoing cases) to materially and adversely affect the value or marketability of such Property Individual Property, except those which are set forth on the applicable Survey and insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 10 contracts

Sources: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)

Boundaries. Except as disclosed shown on the Surveys, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and to Borrower’s knowledge, no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 4 contracts

Sources: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)

Boundaries. Except as disclosed shown on the Surveysany Survey, to each Borrower’s actual knowledge, all of the Improvements improvements which were included in determining the appraised value of each the Property (or any portion thereof) lie wholly within the boundaries and building restriction lines of such the applicable Individual Property, and no improvements on adjoining properties encroach upon such Propertythe Property or any portion thereof, and no easements or other encumbrances upon the Property (or any Property portion thereof) encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property (or any portion thereof) except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 3 contracts

Sources: Loan Agreement (Strategic Storage Trust II, Inc.), Loan Agreement (Strategic Storage Trust IV, Inc.), Loan Agreement (Strategic Storage Trust, Inc.)

Boundaries. Except as disclosed on set forth in the SurveysTitle Insurance Policies, to each Borrower’s actual knowledge, Knowledge all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property Property, except those which are set forth on the Survey of such Property and insured against by the applicable Title Insurance Policy for such Property.

Appears in 3 contracts

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

Boundaries. Except as expressly disclosed on in the Title Insurance Policies or the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Property.

Appears in 3 contracts

Sources: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Boundaries. Except as disclosed As depicted on the Surveys, Surveys of the Properties delivered to each Borrower’s actual knowledgeLender, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 3 contracts

Sources: Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.), Loan Agreement (Brixmor Property Group Inc.)

Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledgeknowledge and except as set forth on the Survey, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such the Individual Property, and no easements or other encumbrances upon any the Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledgeset forth in any Survey, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of the such Individual Property, and and, except as disclosed in any Survey, no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 2 contracts

Sources: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP)

Boundaries. Except as disclosed on the Surveys, to each To Borrower’s actual knowledgeknowledge and except as expressly set forth in the applicable Survey, Title Insurance Policy or Physical Conditions Report, all of the Improvements material improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property have a Material Adverse Effect except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Sources: Loan Agreement (Sunstone Hotel Investors, Inc.)

Boundaries. Except as disclosed on the Surveys, to each Borrower’s actual knowledgeexpressly set forth in a Physical Condition ---------- Report, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Sources: Loan Agreement (Wyndham International Inc)

Boundaries. Except Other than as disclosed shown on the SurveysSurvey of the applicable ---------- Individual Property, to each the best of Borrower’s actual 's knowledge, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.

Appears in 1 contract

Sources: Loan Agreement (Prentiss Properties Trust/Md)

Boundaries. Except as disclosed To the best of Borrower’s knowledge and in reliance on the Surveys, to each Borrower’s actual knowledgeSurvey, all of the Improvements improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such Property, the real property encumbered by the Mortgage and no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Sources: Loan Agreement (Taubman Centers Inc)

Boundaries. Except as disclosed expressly set forth in a Physical Condition Report or on the Surveys, to each Borrower’s actual knowledge, Survey: all of the Improvements which were included in determining the appraised value of each the Property lie wholly within the boundaries and building restriction lines of such the Property, and no improvements on adjoining properties property encroach upon such the Property, and no easements or other encumbrances upon any the Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Sources: Loan Agreement (Wyndham International Inc)

Boundaries. Except as disclosed expressly set forth in a Physical Condition Report or on the Surveys, to each Borrower’s actual knowledgeSurvey, all of the Improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such PropertyPolicy.

Appears in 1 contract

Sources: Loan Agreement (Wyndham International Inc)

Boundaries. Except as disclosed on shown of the Surveys, surveys delivered by Borrower to each Borrower’s actual knowledgeLender in connection with the Loan, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.

Appears in 1 contract

Sources: Loan Agreement (Ramco Gershenson Properties Trust)

Boundaries. Except as otherwise ---------- disclosed on by the Surveys, surveys delivered to each Borrower’s actual knowledgeLender pursuant to Section 4.1 hereof, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such Individual Property, and no easements or other encumbrances upon any the applicable Individual Property encroach upon any of the Improvementsimprovements, so as to materially and adversely affect the value or marketability of such the applicable Individual Property except those which are insured against by the applicable Title Insurance Policy for such Propertytitle insurance.

Appears in 1 contract

Sources: Loan Agreement (Winston Hotels Inc)

Boundaries. Except To the best of Borrower’s knowledge and except as disclosed may be depicted on the Surveys, to each Borrower’s actual knowledge, all of the Improvements which were included in determining the appraised value of each Property lie wholly within the boundaries and building restriction lines of such Property, and no improvements on adjoining properties encroach upon such Property, and no easements or other encumbrances upon any such Property encroach upon any of the Improvements, Improvements so as to materially and adversely affect have a material adverse effect on the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for applicable to such Property.

Appears in 1 contract

Sources: Loan Agreement (Orchard Supply Hardware Stores Corp)

Boundaries. Except as disclosed shown on the Surveys, Survey prepared and delivered to each Borrower’s actual knowledgeLender in connection with the closing of the Loan, all of the Improvements which were included in determining the appraised value of each Property the Properties lie wholly within the boundaries and building restriction lines of such each Property, and no improvements on adjoining properties encroach upon such any Property, and no easements or other encumbrances upon affecting any Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property Property, except those which are insured against by the applicable Title Insurance Policy for such or are Permitted Encumbrances with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Boundaries. Except as disclosed shown on the Surveys, to Survey of each Borrower’s actual knowledgeIndividual Property or reflected on the Title Insurance Policy, all of the Improvements improvements which were included in determining the appraised value of each Individual Property lie wholly within the boundaries and building restriction lines of such Individual Property, and no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances upon any Individual Property encroach upon any of the Improvements, so as to materially and adversely affect the value or marketability of such Property except those which are insured against by the applicable Title Insurance Policy for such Individual Property.

Appears in 1 contract

Sources: Loan Agreement (Sun Communities Inc)