Common use of Boundaries Clause in Contracts

Boundaries. Except as denoted on the applicable Survey, 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 affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable Property except those which are insured against by title insurance.

Appears in 2 contracts

Sources: Loan Agreement (Ventas Inc), Mezzanine Loan Agreement (Ventas Inc)

Boundaries. Except as denoted shown on the applicable 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 encroach upon such the Property, and no . No easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, Improvements so as to affect the value value, marketability, use or marketability operation of the applicable 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 denoted may be shown on the applicable Qualified 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the applicable 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 denoted disclosed on the applicable 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable Property except those which are insured against by title insuranceinsurance each of which, whether or not insured are, to the best of Borrower’s knowledge after due inquiry, shown on the Survey.

Appears in 2 contracts

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

Boundaries. Except as denoted on the applicable set forth in any Survey, 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 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 affecting the applicable upon any Individual Property encroach upon any of the improvementsImprovements, so as to materially 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 2 contracts

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

Boundaries. Except as denoted on set forth in the applicable SurveySurvey and in Lender's Title Insurance policy, 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted on To the applicable SurveyCompany’s 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 no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvementsImprovements, so as to affect the value or marketability of the applicable 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 denoted on set forth in the applicable SurveyTitle Insurance Policy, 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted on set forth in the applicable SurveySurveys, 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 and, except as disclosed in the Surveys, no improvements on adjoining properties encroach upon such any Individual Property, and no easements or other encumbrances affecting the applicable upon any Individual Property encroach upon any of the improvementsImprovements, so as to materially 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 denoted set forth on the applicable SurveySurveys, all of the improvements 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 affecting the applicable upon such Property encroach upon any of the improvementsImprovements on such Property, so as to affect the value or marketability of the applicable 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 denoted shown on the applicable SurveySurveys, 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 affecting the applicable such Individual Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted on set forth in the applicable 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 encroach upon such the Property, and no easements or other encumbrances affecting upon the applicable Property encroach upon any of the improvementsImprovements, so as to materially affect the value or marketability of the applicable 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 denoted may otherwise be shown on the applicable Survey, 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 no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to materially adversely affect the value or marketability of the applicable 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 denoted on set forth in the applicable 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 encroach upon such the Property, and no easements or other encumbrances affecting upon the applicable Property encroach upon any of the improvementsImprovements, in each case, so as to affect the value or marketability of the applicable 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 denoted shown on the applicable 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to materially and adversely affect the value or marketability of the applicable Property except those which are insured against by title insurance.

Appears in 1 contract

Sources: Loan Agreement (Ashford Hospitality Trust Inc)

Boundaries. Except as denoted on otherwise set forth in the applicable 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 encroach upon such the Property, and no easements or other encumbrances affecting upon the applicable Property encroach upon any of the improvementsImprovements, so as to materially affect the value or marketability of the applicable 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 denoted on disclosed in the applicable Survey, (i) all of the improvements 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 the relevant Property, and (ii) no improvements on adjoining properties encroach upon such any Property, and (iii) no easements or other encumbrances affecting the applicable any Property encroach upon any of the improvementsImprovements, so as to affect the value or marketability of the applicable 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 denoted shown on the applicable Survey, 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 no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvementsImprovements, so as to affect the value or marketability of the applicable 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 denoted may be shown on the applicable Surveysurvey furnished to Lender, all of the improvements 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 affecting the applicable upon any Property encroach upon any of the improvementsImprovements, so as to adversely affect the value or marketability of the applicable 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 denoted may be shown on the applicable Survey, all of the improvements which were included in determining the appraised value of each the Individual Property lie wholly within the boundaries and building restriction lines of such the Individual Property, and no improvements on adjoining properties encroach upon such the Individual Property, and no easements or other encumbrances affecting the applicable Individual Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted shown on the applicable 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted disclosed on the applicable Survey, 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. Except as disclosed on the Survey, and no improvements on adjoining properties encroach upon such the Property, no Improvements encroach upon any easements, and no easements or other encumbrances affecting upon the applicable Property encroach upon any of the improvementsImprovements, so as to affect the value value, current use or marketability of the applicable 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 denoted on the applicable SurveyTo Borrower’s Knowledge, 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 encroach upon such the Property, and no . No easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, Improvements so as to affect the value value, marketability, use or marketability operation of the applicable 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 denoted on set forth in the applicable SurveySurveys, 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 any Individual Property, and no easements or other encumbrances affecting the applicable upon any Individual Property encroach upon any of the improvementsImprovements, so as to materially 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 denoted shown on the applicable SurveySurveys, 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 and, no improvements on adjoining properties encroach upon such Property, and no . No easements or other encumbrances affecting the applicable any Property encroach upon any of the improvements, Improvements so as to affect the value value, marketability, use or marketability operation of the applicable 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 denoted may otherwise be shown on the applicable Survey, 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 no improvements on adjoining properties encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted on set forth in the applicable SurveySurvey and in Lender’s Title Insurance policy, 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 encroach upon such the Property, and no easements or other encumbrances affecting the applicable Property encroach upon any of the improvements, so as to affect the value or marketability of the applicable 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 denoted may be otherwise shown on the applicable Survey, 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. Except as may be otherwise shown on the Survey, and no improvements on adjoining properties encroach upon such the Property, no Improvements encroach upon any easements, and no easements or other encumbrances affecting upon the applicable Property encroach upon any of the improvementsImprovements, so as to affect the value value, current use or marketability of the applicable 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 denoted shown on the applicable Title Commitment or Survey, all of the improvements 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 Propertythe Properties, and no improvements on adjoining properties encroach upon such Propertythe Properties, and no easements or other encumbrances affecting the applicable Property Properties encroach upon any of the improvementsImprovements, as to each of the clauses above, so as to affect the value or marketability of the applicable Property Properties, except those which are insured against by title insurancethe Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Sun Communities Inc)