Conditions Precedent to Closing. The respective obligations of the Buyer and the Seller to complete the purchase and sale of the Loan(s) pursuant to this Agreement are subject to the fulfillment on or prior to Closing Date of each of the following additional conditions to be fulfilled by the other, unless the same is specifically waived in writing by the party for whose benefit the same is to be fulfilled:

Conditions Precedent to Closing. It shall be a condition precedent to Purchaser's obligations to consummate this transaction that # all representations and warranties made herein by Seller are true and correct in all respects as of the Closing Date, and all covenants made by Seller herein are fully complied with, # as of the Closing Date, there shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings that could adversely affect the operation or value of the Property or Seller's ability to perform its obligations under this Agreement, and # as of the Closing Date, there shall have been no material adverse change in the performance of the Property or in any of the items reviewed by Purchaser during the Approval Period, including without limitation the Due Diligence Items, failing which, Purchaser, at its option, and in addition to any other remedy available, shall be entitled to terminate this Agreement and receive a return of the Earnest Money.

Conditions Precedent to Closing. This Agreement shall become effective on the date (“Closing Date”) that each of the following conditions has been satisfied (or waived in accordance with this Agreement):

Conditions Precedent to Closing. It shall be a condition precedent to Purchaser's obligations to consummate this transaction that # all of Seller’s Express Representations are true and correct in all respects as of the Closing Date, and # all covenants to be performed by Seller at Closing are complied with. If the condition set forth in subclause # of this paragraph fails, then Purchaser shall have the rights and remedies afforded to it in Section 4.4(b) above. If the condition described in subclause # of this paragraph fails Purchaser shall have the rights afforded to it in Section 8 below. As a condition precedent benefiting Purchaser only, upon the sole condition of payment of the premium, at Closing, the Title Company shall irrevocably commit to issue to Purchaser a Texas standard form owner’s policy of title insurance, dated as of the date and time of the recording of the Deed (hereinafter defined), in the amount of the Purchase Price, insuring Purchaser as owner of good and indefeasible fee simple title to the Property, free and clear of liens, subject only to the Permitted Encumbrances, and containing the endorsements (at Purchaser’s sole cost and expense) that the Title Company agreed to issue during the Approval Period (the “Title Policy”); and if such condition is not satisfied, Purchaser shall have the right to terminate this Agreement and receive a return of the Deposit.

Conditions Precedent to Closing. The agreement of Bank to enter into this Agreement on the Closing Date is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, each of the following items and completed each of the following requirements:

Conditions Precedent to Closing. The agreement of Bank to enter into this Agreement on the Closing Date is subject to the condition precedent that Bank shall have received, in form and substance satisfactory to Bank, each of the following items and completed each of the following requirements:

Conditions Precedent to Closing. It shall be a condition precedent to Purchaser's obligations to consummate this transaction that # all representations and warranties made herein by Seller are true and correct in all respects as of the Closing Date, and all covenants made by Seller herein are fully complied with, # as of the Closing Date, there shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings that could adversely affect the Property, including the operation or value thereof, or Seller's ability to perform its obligations under this Agreement, and # as of the Closing Date, there shall have been no material adverse change in the Property (including a reduction in the monthly rentals generated by the Property by ten percent (10%) or more of the monthly rentals generated by the Property for the calendar month in which this Agreement is executed), or in any of the items reviewed by Purchaser during the Approval Period, including without limitation the Due Diligence Items, failing which, Purchaser, at its option, and in addition to any other remedy available, shall be entitled to terminate this Agreement and receive a return of the Earnest Money.

Conditions Precedent to Closing. The respective obligations of the Buyer and the Seller to complete the purchase and sale of the Loan(s) pursuant to this Agreement are subject to the fulfillment on or prior to Closing Date of each of the following additional conditions to be fulfilled by the other, unless the same is specifically waived in writing by the party for whose benefit the same is to be fulfilled:

Conditions Precedent to Closing. It shall be a condition precedent to Purchaser's obligations to consummate this transaction that # all representations and warranties made herein by Seller are true and correct in all respects as of the Closing Date, and all covenants made by Seller herein are complied with, # as of the Closing Date, there shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, or proceedings or assignments for the benefit of creditors, bankruptcy, reorganization or other insolvency proceedings involving Seller or any of its affiliates that could adversely affect the operation or value of the Property or Seller's ability to perform its obligations under this Agreement, and # as of the Closing Date, the Improvements shall have been constructed in substantial conformity in all material respects with the Plans and Specifications, free from any liens or other claims, and all Occupancy Permits shall have been issued with respect thereto; failing which, Purchaser, at its option, and in addition to any other remedy available as the result of Seller’s breach of this Agreement, shall be entitled to terminate this Agreement and receive a return of the Earnest Money.

Conditions Precedent to Closing. It shall be a condition precedent to Purchaser's obligations to consummate this transaction that # all representations and warranties made herein by Seller are true and correct in all respects as of the Closing Date, and all covenants made by Seller herein are fully complied with, # as of the Closing Date, there shall exist no pending or threatened actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings that could adversely affect the operation or value of the Property or Seller's ability to perform its obligations under this Agreement, # as of the Closing Date, there shall have been no material adverse change in the Property or in any of the items reviewed by Purchaser during the Approval Period, including without limitation the Due Diligence Items, and # as of the Closing Date, the Improvements shall have been constructed strictly in accordance with the Plans and Specifications, free from any liens or other claims, and all required certificates of occupancy shall have been issued with respect thereto; failing which, Purchaser, at its option, and in addition to any other remedy available, shall be entitled to terminate this Agreement and receive a return of the Earnest Money.