No Prior Liens or Claims. (a) As to Projects as to which no prior work has commenced, except as otherwise may have been approved in writing by the Lender and as to which the Lender shall have received such endorsements (including mechanics lien coverage) to the Title Policy as the Lender may require to assure the priority of the Deed of Trust as a valid first lien on the Project, prior to recordation of the Deed of Trust, neither the Project Owner, nor anyone acting on the Project Owner's behalf has (i) commenced construction of the Development Work, or any grading or site clearance related thereto, (ii) purchased, contracted for or otherwise brought upon the Land any materials, specially fabricated or otherwise, to be incorporated into the Development Work, or (iii) entered into any contract or arrangement, the performance of which by any other party thereto could give rise to a lien or claim on the Project or any portion thereof.
No Prior Liens or Claims. Prior to recordation of the Mortgage, the Borrower has (i) commenced on the Approved Projects construction of the development and construction, and grading and site clearance related thereto, (ii) purchased, contracted for and otherwise brought upon the Land materials, specially fabricated or otherwise, to be incorporated into the Homes, and/or (iii) entered into contracts and arrangements, the performance of which by any of the other parties thereto could give rise to a lien or claim on the Borrowing Base Collateral or a portion thereof. Except as previously disclosed in writing to the Lender, none of the activities described in the previous sentence have given rise to any existing liens upon the Borrowing Base Collateral or to the best knowledge of Borrower after due investigation, possible claims with respect thereto. The Borrower has provided to the Title Company all necessary information to allow the Title Company to issue the Title Policy, providing to the Lender certain mechanics' lien coverage as specified in the Title Policy.
No Prior Liens or Claims. Except as otherwise may have been approved in writing by Lender and as to which Lender has received such endorsements (including mechanics lien coverage) to the Title Policy as Lender may require to assure the priority of the Security Instrument as a valid first lien on the Project, subject only to Permitted Exceptions, Borrower represents that, prior to recordation of the Security Instrument, neither Borrower, nor anyone acting on Borrower’s behalf has (i) commenced construction of the Development Work, any grading or site clearance related thereto, or any work of any kind or nature that could give rise to a lien against the Project, (ii) purchased, contracted for or otherwise brought upon the Land any materials, specially fabricated or otherwise, to be incorporated into any work to be performed on the Land, including the Development Work, or (iii) entered into any contract or arrangement, the performance of which by any other party thereto could give rise to a lien or claim on the Project or any portion thereof.
No Prior Liens or Claims. The Deed of Trust is a valid first lien on the Project, subject only to the Permitted Encumbrances. Borrower and Guarantor shall be solely responsible for any indemnity agreements or other arrangements relating to mechanics’ liens and similar claims that may be required by Title Insurer as a condition to issuance of the Title Policy.
