Common use of Boundaries Clause in Contracts

Boundaries. Except as may be shown on the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurance.

Appears in 2 contracts

Sources: Senior Mezzanine Loan Agreement (Thomas Properties Group Inc), Junior B Mezzanine Loan Agreement (Thomas Properties Group Inc)

Boundaries. Except as may be shown on the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no . No easements or other encumbrances affecting the Property encroach upon any of the improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of the Property except those which are insured against by title insurancethe Title Insurance Policy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.

Appears in 2 contracts

Sources: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)

Boundaries. Except as may be shown on the Qualified Survey, all of the improvements Improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the Property Property, except those which are insured against by title insurancethe Title Insurance Policy or are Permitted Encumbrances with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (American Realty Capital New York City REIT, Inc.)

Boundaries. Except as may be shown on the Qualified Surveysurvey furnished to Lender, all of the improvements Improvements which were included in determining the appraised value of the each Property lie wholly within the boundaries and building restriction lines of the such Property, and no improvements on adjoining properties encroach upon the any Property, and no easements or other encumbrances affecting the upon any Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the any Property except those easements or other encumbrances with respect to which are insured the Title Insurance Policy insures against by title insuranceany losses resulting therefrom.

Appears in 1 contract

Sources: Loan Agreement (Assisted 4 Living, Inc.)

Boundaries. Except as may be shown on otherwise set forth in the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting upon the Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (City Office REIT, Inc.)

Boundaries. Except as may be shown on set forth in the Qualified SurveySurvey and in Lender's Title Insurance policy, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insuranceTitle Insurance each of which, whether or not insured are shown on the Survey.

Appears in 1 contract

Sources: Loan Agreement (Cedar Shopping Centers Inc)

Boundaries. Except as may otherwise be shown on the Qualified Survey, all of the improvements Improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Behringer Harvard Reit I Inc)

Boundaries. Except as may be shown on the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insuranceinsurance each of which, whether or not insured, are shown on the Survey.

Appears in 1 contract

Sources: Loan Agreement (Telx Group, Inc.)

Boundaries. Except as may be shown on the Qualified SurveySurveys, all of the improvements which were included in determining the appraised value of the each Property lie wholly within the boundaries and building restriction lines of the such Property, and and, no improvements on adjoining properties encroach upon the such Property, and no . No easements or other encumbrances affecting the any Property encroach upon any of the improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of the such Property except those which are insured against by title insurancethe Title Insurance Policy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)

Boundaries. Except as may be shown on To the Qualified SurveyCompany’s knowledge, all of the improvements Improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the Property Property, except those which are set forth on the surveys received by Preferred Member on or prior to the date hereof and insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Limited Liability Company Agreement (United Realty Trust Inc)

Boundaries. Except as may be otherwise shown on the Qualified Survey, all of the improvements Improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property. Except as may be otherwise shown on the Survey, and no improvements on adjoining properties encroach upon the Property, no Improvements encroach upon any easements, and no easements or other encumbrances affecting upon the Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value value, current use or marketability of the Property except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Chesapeake Lodging Trust)

Boundaries. Except as may be shown on the Qualified Title Commitment or Survey, all of the improvements Improvements which were included in determining the appraised value of the Property Properties lie wholly within the boundaries and building restriction lines of the PropertyProperties, and no improvements on adjoining properties encroach upon the PropertyProperties, and no easements or other encumbrances affecting the Property Properties encroach upon any of the improvementsImprovements, as to each of the clauses above, so as to materially and adversely affect the value or marketability of the Property Properties, except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Sun Communities Inc)

Boundaries. Except as may be shown on disclosed in the Qualified Survey, (i) all of the improvements Improvements which were included in determining the appraised value of the Property Properties lie wholly within the boundaries and building restriction lines of the relevant Property, and (ii) no improvements on adjoining properties encroach upon the any Property, and (iii) no easements or other encumbrances affecting the any Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the Property any Property, except those which are set forth on a Survey and insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Pacific Office Properties Trust, Inc.)

Boundaries. Except as may be shown on set forth in the Qualified SurveySurvey and in Lender’s Title Insurance policy, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insuranceTitle Insurance each of which, whether or not insured are shown on the Survey.

Appears in 1 contract

Sources: Loan Agreement (Cedar Shopping Centers Inc)

Boundaries. Except as may be shown on set forth in the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting upon the Property encroach upon any of the improvementsImprovements, in each case, so as to materially and adversely affect the value or marketability of the Property result in a Material Adverse Effect, except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Park Hotels & Resorts Inc.)

Boundaries. Except as may otherwise be shown on the Qualified Survey, all of the improvements Improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except for the Permitted Encumbrances and those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Behringer Harvard Reit I Inc)

Boundaries. Except as may be shown disclosed on the Qualified Survey, all of the improvements Improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property. Except as disclosed on the Survey, and no improvements on adjoining properties encroach upon the Property, no Improvements encroach upon any easements, and no easements or other encumbrances affecting upon the Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value value, current use or marketability of the Property except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (AmREIT, Inc.)

Boundaries. Except as may be shown on the Qualified SurveyTo Borrower’s Knowledge, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no . No easements or other encumbrances affecting the Property encroach upon any of the improvements, Improvements so as to materially and adversely affect the value value, marketability, use or marketability operation of the Property except those which are insured against by title insurancethe Title Insurance Policy, each of which, whether or not insured against by the Title Insurance Policy, is shown on the Survey.

Appears in 1 contract

Sources: Loan Agreement (Morgans Hotel Group Co.)

Boundaries. Except as may be shown on set forth in the Qualified SurveySurveys, all of the improvements which were included in determining the appraised value of the each Individual Property lie wholly within the boundaries and building restriction lines of the such Individual Property, and no improvements on adjoining properties encroach upon the any Individual Property, and no easements or other encumbrances affecting the upon any Individual Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the applicable Individual Property except those which are insured against by title insurancethe applicable Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Hilton Worldwide Holdings Inc.)

Boundaries. Except as may be shown on the Qualified SurveySurveys, all of the improvements which were included in determining the appraised value of the each Individual Property lie wholly within the boundaries and building restriction lines of the such Individual Property, and no improvements on adjoining properties encroach upon the such Individual Property, and no easements or other encumbrances affecting the such Individual Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Ps Business Parks Inc/Ca)

Boundaries. Except as may be shown on set forth in the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting upon the Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Strategic Hotels & Resorts, Inc)

Boundaries. Except as may be shown set forth on the Qualified SurveySurveys, all of the improvements Improvements which were included in determining the appraised value of the each Property lie wholly within the boundaries and building restriction lines of the such Property, and no improvements on adjoining properties encroach upon the such Property, and no easements or other encumbrances affecting the upon such Property encroach upon any of the improvementsImprovements on such Property, so as to materially and adversely affect the value or marketability of the such Property except those which are insured against by title insurancethe applicable Title Insurance Policy or are Permitted Encumbrances.

Appears in 1 contract

Sources: Loan Agreement (Plymouth Industrial REIT Inc.)

Boundaries. Except as may be shown on set forth in the Qualified SurveyTitle Insurance Policy, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Hartman Short Term Income Properties XX, Inc.)

Boundaries. Except as may be shown on set forth in the Qualified SurveySurveys, all of the improvements which were included in determining the appraised value of the each Individual Property lie wholly within the boundaries and building restriction lines of the such Individual Property, and and, except as disclosed in the Surveys, no improvements on adjoining properties encroach upon the any Individual Property, and no easements or other encumbrances affecting the upon any Individual Property encroach upon any of the improvementsImprovements, so as to materially and adversely affect the value or marketability of the applicable Individual Property except those which are insured against by title insurancethe applicable Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (BRE Select Hotels Corp)

Boundaries. Except as may be shown on the Qualified Survey, all of the improvements which were included in determining the appraised value of the Individual Property lie wholly within the boundaries and building restriction lines of the Individual Property, and no improvements on adjoining properties encroach upon the Individual Property, and no easements or other encumbrances affecting the Individual Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Individual Property except those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Wells Real Estate Investment Trust Inc)

Boundaries. Except as may be shown on the Qualified Survey, all of the improvements which were included in determining the appraised value of the Property lie wholly within the boundaries and building restriction lines of the Property, and no improvements on adjoining properties encroach upon the Property, and no easements or other encumbrances affecting the Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the Property except those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Ashford Hospitality Trust Inc)