Access; Utilities; Separate Tax Lots. To the Seller’s Knowledge based solely on the Title Policies (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) and any current surveys obtained in connection with the origination of each Purchased Loan, each Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the Property or is subject to an endorsement under the related Title Policy insuring the Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Purchased Loan requires the Underlying Obligor to escrow an amount sufficient to pay taxes for the existing tax parcel of which the Property is a part until the separate tax lots are created.
Appears in 2 contracts
Sources: Master Repurchase Agreement, Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Access; Utilities; Separate Tax Lots. To the Based solely on Seller’s Knowledge based solely on review of the related Title Policies (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) Policy and any current surveys obtained in connection with the origination of each Purchased Loanorigination, each related Mortgaged Property (indirectly securing the Mezzanine Loan and securing the related Whole Loan or Senior Interest) (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the such Mortgaged Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the such Mortgaged Property or is subject to an endorsement under the related Title Policy insuring the such Mortgaged Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Purchased Mezzanine Loan requires the Underlying Obligor Mezzanine Borrower to (or cause the related Mortgagor to) escrow an amount sufficient to pay taxes for the existing tax parcel of which the such Mortgaged Property is a part until the separate tax lots are created.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Principal Credit Real Estate Income Trust), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)
Access; Utilities; Separate Tax Lots. To the Seller’s Knowledge based solely on the Title Policies (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) and any current surveys obtained in connection with the origination of each Purchased Loan, each Property Each mortgaged property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the Propertymortgaged property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the Property mortgaged property or is subject to an endorsement under the related Title Policy insuring the Propertymortgaged property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Purchased Mortgage Loan requires the Underlying Obligor borrower to escrow an amount sufficient to pay taxes for the existing tax parcel of which the Property mortgaged property is a part until the separate tax lots are createdcreated or the non-recourse carveout guarantor under the Mortgage Loan has indemnified the mortgagee for any loss suffered in connection therewith.
Appears in 1 contract
Access; Utilities; Separate Tax Lots. To the Seller’s Knowledge based solely on the Title Policies (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) and any current surveys obtained in connection with the origination of each Purchased Loan, each The Mortgaged Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has or, upon completion of construction, will be served by or have uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the Mortgaged Property, and (c) except to the extent the same is not true as a result of the fact that the Tentative Plat (as defined in the Underlying Loan Agreement) has not yet been recorded, constitutes one or more separate tax parcels which do not include any property which is not part of the Mortgaged Property or is subject to an endorsement under the related Title Policy insuring the Mortgaged Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Purchased Underlying Loan requires the Underlying Obligor Borrower to escrow an amount sufficient to pay taxes for the existing tax parcel of which the Mortgaged Property is a part until the separate tax lots are created.
Appears in 1 contract
Sources: Loan and Security Agreement (TPG RE Finance Trust, Inc.)
Access; Utilities; Separate Tax Lots. To the Seller’s Knowledge Knowledge, based solely on upon Seller’s review of the related Title Policies Policy for the Mortgaged Property (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions indirectly securing the Mezzanine Loan and securing the related Whole Loan or a “marked up” commitmentSenior Interest) and any current surveys obtained in connection with the origination of each Purchased Loanorigination, each such Mortgaged Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the such Mortgaged Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the such Mortgaged Property or is subject to an endorsement under the related Title Policy insuring the such Mortgaged Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Purchased Mezzanine Loan requires the Underlying Obligor Mezzanine Borrower to (or cause the related Mortgagor to) escrow an amount sufficient to pay taxes for the existing tax parcel of which the such Mortgaged Property is a part until the separate tax lots are created.
Appears in 1 contract
Sources: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Access; Utilities; Separate Tax Lots. To Each related Mortgaged Property (indirectly securing the Seller’s Knowledge based solely on Mezzanine Loan and securing the Title Policies (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitmentrelated Mortgage Loan) and any current surveys obtained in connection with the origination of each Purchased Loan, each Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the such Mortgaged Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the such Mortgaged Property or is subject to an endorsement under the related Title Policy insuring such Mortgaged Property, or, with respect to any Foreign Purchased Asset, except as disclosed by or on behalf of the Propertyapplicable Seller and Purchaser in writing prior to the Purchase Date as part of the Due Diligence Package, or in certain cases, an application has been, or will be, been made to the applicable governing authority for creation of separate tax lots, in which case the Purchased Mezzanine Loan requires the Underlying Obligor Mezzanine Borrower to (or cause the related Mortgage Borrower to) escrow an amount sufficient to pay taxes for the existing tax parcel of which the such Mortgaged Property is a part until the separate tax lots are created.
Appears in 1 contract
Sources: Master Repurchase Agreement (Starwood Credit Real Estate Income Trust)
Access; Utilities; Separate Tax Lots. To the Seller’s Knowledge based solely on the Title Policies (or, if such policy is not yet issued, a pro forma title policy, a preliminary title policy with escrow instructions or a “marked up” commitment) and any current surveys obtained in connection with the origination of each Purchased Loan, each Each Mortgaged Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, electricity all of which are appropriate for the current use of the such Mortgaged Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the such Mortgaged Property or is subject to an endorsement under the related Title Policy lender’s title policy insuring the such Mortgaged Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Purchased related Mortgage Loan requires the Underlying Obligor related Mortgagor to escrow an amount sufficient to pay taxes for the existing tax parcel of which the such Mortgaged Property is a part until the separate tax lots are created. In the event of a conflict or inconsistency between the terms and conditions in this Section 7.01(iii) and the requirements set forth by ▇▇▇▇▇▇ ▇▇▇, the requirements as set forth by ▇▇▇▇▇▇ ▇▇▇ shall supersede and govern.
Appears in 1 contract
Sources: Mortgage Loan Purchase and Sale Agreement (Angel Oak Mortgage, Inc.)