Subject Property Clause Samples
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Subject Property. The property that is the subject of this Agreement (the “Subject Property”) consists of a portion of the following parcel: Approximately 3.634 acres of farmland located along the southerly side of property east of ▇▇▇▇▇▇ Road with PIN ▇▇-▇▇-▇▇▇-▇▇▇ in ▇▇▇▇▇▇ Township, ▇▇▇▇ County, Illinois, as depicted in Exhibit 1 and described in Exhibit 2 hereto.
Subject Property a. The City of Sugar Land Reinvestment Zone No. 2015-03 is an area located in Fort Bend County, Texas, being legally described in Exhibit One attached hereto and incorporated herein for all purposes.
b. The FBCAD has established the base year values for the subject property as of January 1, 2016.
Subject Property. City of Missouri City Reinvestment Zone No. 7 is an area located in Fort Bend County, Texas, being legally described in Exhibit “A” attached hereto and incorporated herein for all purposes. The Fort Bend Appraisal District has established the base-year values for the subject property as of January 1, 2011.
Subject Property. The Property which is the subject of the Lease is more particularly described and depicted as on Exhibit A, attached hereto.
Subject Property. (a) Each of the representations and warranties made by the Owner in any Security Document with respect to the Subject Property is true and correct in all material respects.
(b) Except as disclosed on the survey provided to the Administrative Agent pursuant to Section 8.1 of this Agreement, the Subject Property is not located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, or any successor law, or, if located within any such area, Owner has obtained and will maintain through the Maturity Date the insurance prescribed in Section 8.1 hereof.
(c) To the Borrower’s knowledge, the Subject Property and the present use and occupancy thereof are in material compliance with all material zoning ordinances (without reliance upon adjoining or other properties), building codes, land use and Environmental Laws, and other similar laws (“Applicable Laws”).
(d) The Subject Property (other than the Future Development Land) is served by all utilities required for the current or contemplated use thereof. The Subject Property has accepted or is equipped to accept such utility service.
(e) All public roads and streets necessary for service of and access to the Subject Property (other than the Future Development Land) for the current or contemplated use thereof have been completed, and are open for use by the public.
(f) Except as may be disclosed in the reports delivered to Administrative Agent pursuant to Section 8.1 hereof, Borrower is not aware of any material latent or patent structural or other significant deficiency of the Subject Property. The Subject Property is free of damage and waste that would materially and adversely affect the value of the Subject Property, is in good repair and to Borrower’s knowledge there is no deferred maintenance other than ordinary wear and tear. The Subject Property is free from damage caused by fire or other casualty.
(g) To Borrower’s knowledge, except as may be disclosed in the reports delivered to Administrative Agent pursuant to Section 8.1 hereof, all liquid and solid waste disposal, septic and sewer systems located on the Subject Property are in a good and safe condition and repair and to Borrower’s knowledge, in material compliance with all Applicable Laws with respect to such systems.
(h) All improvem...
Subject Property. The terms of this Development Agreement apply to the Subject Property.
Subject Property. All of the following assets, properties and rights, whether real, personal or mixed, which are owned or held for use by Grantor solely in connection with the ownership or operation of the Assets:
(i) The Assets;
(ii) The Fee Land;
(iii) The Asset Leases;
(iv) The Easements;
(v) The Improvements;
(vi) The Equipment;
(vii) The Contracts;
(viii) Intellectual property rights and related computer software;
(ix) The Permits; and
(x) The Records.
Subject Property a. The City of ▇▇▇▇▇▇▇▇▇ Reinvestment Zone No. 18 is an area located in Fort Bend County, Texas, being legally described in Exhibit A attached hereto and incorporated herein for all purposes.
b. The FBCAD has established the base year values for the subject property as of January 1, 2015.
Subject Property. For the consideration and upon and subject to the terms, provisions and conditions of this Contract, Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, that certain parcel of real property owned by Seller, which is more fully described on Exhibit A attached hereto (the "Land") and all improvements (the "Improvements") and appurtenances (the "Appurtenances") located on or pertaining to the Land (the Land, Improvements and Appurtenances being collectively referred to herein as the "Property"). The Property is subject to and encumbered by (i) a Lease (the "Lease") dated as of October 21, 2003, by and between Seller, as landlord, and Apple Ohio LLC, a Delaware limited liability company ("Tenant"), as tenant, and (ii) the Permitted Exceptions (as hereinafter defined) applicable to the Property. Apple American Group LLC, a Delaware limited liability company ("Guarantor"), is the guarantor of the performance of Tenant under the Lease pursuant to a Guaranty dated effective as of October 21, 2003 (the "Guaranty").
Subject Property. “As Is”. PURCHASER has inspected the Subject Property, or caused an inspection thereof to be made on PURCHASER's behalf, and will accept the Subject Property “as-is, where-is”, “with all faults” and subject to all existing tenants, rights of occupancy, management agreements, operating agreements, and all recorded and unrecorded liens, defects and matters of survey and/or title. PURCHASER is thoroughly acquainted with the condition of the Subject Property and the improvements located therein, if any, including, but not limited to soil, drainage, and the sub-surface conditions beneath the Subject Property, PURCHASER acknowledges that neither SELLER nor any person acting or purporting to act for SELLER has made or now makes any representations or warranties, express or implied, of any kind or character whatsoever and that SELLER is unwilling to make any representations and has held out no inducements to PURCHASER other than those expressly set forth herein. Without limiting the generality of the foregoing, PURCHASER has not relied on any representations or warranties, and SELLER has not made any representations or warranties in either case express or implied, of any kind or character whatsoever as to (i) the current or future real estate tax liability, assessment or valuation of the Subject Property, (ii) the potential qualification of the Subject Property for any and all benefits conferred by federal, state or municipal laws, whether for subsidies, special real estate tax treatment, insurance, mortgages, or any other benefits, whether similar or dissimilar to those enumerated; (iii) the compliance of the Subject Property in its current or any future state with applicable zoning ordinances and the ability to obtain a variance in respect to the Subject Property's non-compliance, if any, with said zoning ordinances; (iv) the availability of any financing for the purchase, construction, equipping, alteration, rehabilitation or operation of the Subject Property from any source, including but not limited to State, local or federal government or any institutional lender; (v) the current or future use of the Subject Property; (vi) the present and future condition and operating state of any and all machinery or equipment on the Subject Property and the present or future structural and physical condition of the Subject Property or its suitability for construction, equipping, rehabilitation or renovation; (vii) the ownership or state of title of any real or personal pr...