Common use of Utilities and Public Access Clause in Contracts

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 44 contracts

Sources: Loan Agreement, Mezzanine Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Highland Hospitality Corp)

Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 33 contracts

Sources: Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.)

Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 15 contracts

Sources: Loan Agreement (Global Income Trust, Inc.), Loan Agreement (Global Income Trust, Inc.), Loan Agreement (Strategic Hotels & Resorts, Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which utilities are connected so as to serve such Individual Property without passing over other property) or are in recorded recorded, irrevocable easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 11 contracts

Sources: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)

Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 11 contracts

Sources: Building Loan Agreement (ACRES Commercial Realty Corp.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Medical Billing Assistance, Inc.)

Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual the Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 8 contracts

Sources: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-right of way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 8 contracts

Sources: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Moody National REIT II, Inc.), Loan Agreement (Moody National REIT II, Inc.)

Utilities and Public Access. Each Individual The Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual the Property for its respective intended uses. All To Borrower's Knowledge, all public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual the Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual the Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual the Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 6 contracts

Sources: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 6 contracts

Sources: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 5 contracts

Sources: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Owner’s Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 4 contracts

Sources: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (Meristar Hospitality Operating Partnership Lp)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 4 contracts

Sources: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such the applicable Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such the applicable Individual Property (which are connected so as to serve such the applicable Individual Property without passing over other property) or in recorded easements serving such the applicable Individual Property and such easements are set forth in and insured by the applicable Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Sources: Loan Agreement (Gladstone Commercial Corp), Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

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

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and except as disclosed on the Surveys, are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 3 contracts

Sources: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such the applicable Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such the applicable Individual Property (which are connected so as to serve such the applicable Individual Property without passing over other property) or in recorded easements serving such the applicable Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesProperty. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Sources: Loan Agreement (Strategic Storage Trust II, Inc.), Loan Agreement (Strategic Storage Trust IV, Inc.), Loan Agreement (Strategic Storage Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the related Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 3 contracts

Sources: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (New York REIT, Inc.), Mezzanine Loan Agreement (New York REIT, Inc.)

Utilities and Public Access. Each The applicable Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each such Individual Property are located either in the public right-of-right of way abutting such the Individual Property (which are connected so as to serve such the Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each the Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All public roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Sources: Loan Agreement (BRE Select Hotels Corp), Loan Agreement (ESH Hospitality LLC)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such the applicable Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such the applicable Individual Property (which are connected so as to serve such the applicable Individual Property without passing over other property) or in recorded easements serving such and appurtenant to the applicable Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesProperty. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 2 contracts

Sources: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (Healthcare Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Owner's Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and completed, are physically open and, except as disclosed on the Surveys, are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 2 contracts

Sources: Junior Mezzanine Loan Agreement (Felcor Lodging Trust Inc), Mezzanine Loan Agreement (Felcor Lodging Trust Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended current uses. All public utilities necessary or convenient to the full continued use and enjoyment of each Individual Property as presently used and enjoyed are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authoritiesgovernmental authorities or are the subject of access easements for the benefit such Individual Property.

Appears in 1 contract

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

Utilities and Public Access. Each Individual Property has The Properties collectively have rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental AuthoritiesAuthorities (or Borrower has access to such public roads pursuant to recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policy).

Appears in 1 contract

Sources: Loan Agreement (Sabre Corp)

Utilities and Public Access. Each Individual Property has rights --------------------------- of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Prentiss Properties Trust/Md)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Plymouth Industrial REIT Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Inland American Real Estate Trust, Inc.)

Utilities and Public Access. Each Individual Property of the Properties has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property of the Properties are located either in the public right-of-way abutting such Individual Property Properties (which are connected so as to serve such Individual Property the Properties without passing over other property) or in recorded easements serving such Individual Property Properties and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property of the Properties for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Ramco Gershenson Properties Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to for the full use and enjoyment operation of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other propertyproperty absent a valid easement) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (BlueLinx Holdings Inc.)

Utilities and Public Access. Each Individual Property of the Properties has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property of the Properties are located either in the public right-of-way abutting such Individual Property Properties (which are connected so as to serve such Individual Property the Properties without passing over other property) or in recorded easements serving such Individual Property Properties and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property of the Properties for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities, other than as disclosed to Lender in writing and approved by Lender.

Appears in 1 contract

Sources: Loan Agreement (Capstar Hotel Co)

Utilities and Public Access. Each Individual of the Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual the Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual the Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual the Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Grove Property Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the related Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Gramercy Capital Corp)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual each Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Maguire Properties Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full current use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Horizon Group Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental AuthoritiesAuthorities or are located in recorded easements serving each Individual Property and such easements are set forth in and insured by the Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Wyndham International Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual each Property (which are connected so as to serve such Individual each Property without passing over other property) or in recorded easements serving such Individual each Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and except as disclosed on the Surveys, are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Facility Agreement (Felcor Lodging Trust Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by public water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such each Individual Property (which are connected so as to serve such each Individual Property without passing over other property) or in recorded easements serving such each Individual Property and such easements are set forth in and insured by the Owner’s Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed completed, are physically open and are dedicated to public use and have been accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (CNL Healthcare Trust, Inc.)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: First Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Utilities and Public Access. Each Individual Property of the Properties has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual that Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property of the Properties are located either in the public right-of-way abutting such Individual Property those Properties (which are connected so as to serve such Individual Property the Properties without passing over other property) or in recorded easements serving such Individual Property those Properties and such those easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property of the Properties for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Malan Realty Investors Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their its current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Amerco /Nv/)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-right of way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance PoliciesPolicy. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Thomas Properties Group Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All To Borrower's Knowledge, all public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Behringer Harvard Reit I Inc)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property it for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are either located either in the public right-of-way abutting such Individual Property (or located in private property in which a valid easement exists for the benefit of such Property, and all such utilities are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policiesproperty absent a valid easement. All roads necessary for the use of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental Authorities.

Appears in 1 contract

Sources: Loan Agreement (Acadia Realty Trust)

Utilities and Public Access. Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental AuthoritiesAuthorities or are located in recorded easements servicing such Individual Property and such easements are set forth in and insured by the Title Insurance Policy.

Appears in 1 contract

Sources: Loan Agreement (Wyndham International Inc)

Utilities and Public Access. Each Individual Property has adequate rights of access to public ways and is served by adequate water, sewer, sanitary sewer and storm drain facilities adequate facilities. Except as otherwise disclosed by the Surveys, and except as set forth on Schedule 2 hereto, to service such Individual Property for its respective intended uses. All the best of Borrower's knowledge, all public utilities necessary or convenient to the full continued use and enjoyment of each Individual Property as presently used and enjoyed are located either in the public right-of-way abutting the premises, and all such Individual Property (which utilities are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use full utilization of each Individual Property for their its current respective purposes purpose have been completed and dedicated to public use and accepted by all Governmental AuthoritiesAuthorities or are the subject of access easements for the benefit of the Individual Property.

Appears in 1 contract

Sources: Loan Agreement (American Real Estate Investment Corp)