Common use of Defend Title Clause in Contracts

Defend Title. The Trustor warrants and shall forever defend the Collateral against every person whomsoever lawfully claiming the same or any part thereof, and the Trustor shall maintain and preserve the lien and security interest herein created until this instrument has been terminated and released as provided herein. If the title or the right of the Trustor or the Trustee or the Beneficiary to the Lands, Minerals or any other Collateral or any part thereof shall be challenged or attacked, either directly or indirectly, or if any legal proceedings are commenced against the Trustor or all or any portion of the Lands, the Trustor shall promptly give written notice thereof to the Trustee and, at the Trustor’s own expense, shall proceed diligently to defend against any such attack or proceedings, and the Trustee and the Beneficiary may take such independent action in connection therewith as either of them may, in its reasonable discretion, deem advisable to protect its interest in the Collateral, and all costs, expenses and reasonable attorneys’ fees incurred by the Trustee or the Beneficiary in connection therewith shall be a demand obligation owing by the Trustor, and shall bear interest at the rate specified in the Loan Agreement from the date such expenses are incurred until paid, and shall be part of the Obligations;

Appears in 2 contracts

Samples: Santa Fe Gold CORP, Santa Fe Gold CORP

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Defend Title. The Trustor warrants and shall forever defend the Collateral against every person whomsoever lawfully claiming the same or any part thereof, and the Trustor shall maintain and preserve the lien and security interest herein created until this instrument has been terminated and released as provided herein. If the title or the right of the Trustor or the Trustee or the Beneficiary to the Lands, Minerals Lands or any other Collateral or any part thereof shall be challenged or attacked, either directly or indirectly, or if any legal proceedings are commenced against the Trustor or all or any portion of the Lands, the Trustor shall promptly give written notice thereof to the Trustee and, at the Trustor’s own expense, shall proceed diligently to defend against any such attack or proceedings, and the Trustee and the Beneficiary may take such independent action in connection therewith as either of them may, in its reasonable discretion, deem advisable to protect its interest in the Collateral, and all costs, expenses and reasonable attorneys’ fees incurred by the Trustee or the Beneficiary in connection therewith shall be a demand obligation owing by the Trustor, and shall bear interest at the rate specified in the Loan Credit Agreement from the date such expenses are incurred until paid, and shall be part of the Obligations;

Appears in 1 contract

Samples: Senior Secured Gold Stream Credit Agreement (Gryphon Gold Corp)

Defend Title. The Trustor Mortgagor warrants and shall forever defend the Collateral against every person whomsoever lawfully claiming the same or any part thereof, and the Trustor Mortgagor shall maintain and preserve the lien and security interest herein created until this instrument has been terminated and released as provided herein. If the title or the right of the Trustor Mortgagor or the Trustee or the Beneficiary Mortgagee to the Lands, Minerals Lands or any other Collateral or any part thereof shall be challenged or attacked, either directly or indirectly, or if any legal proceedings are commenced against the Trustor Mortgagor or all or any portion of the Lands, the Trustor Mortgagor shall promptly give written notice thereof to the Trustee Mortgagee and, at the TrustorMortgagor’s own expense, shall proceed diligently to defend against any such attack or proceedings, and the Trustee and the Beneficiary Mortgagee may take such independent action in connection therewith as either of them may, in its reasonable discretion, deem advisable to protect its interest in the Collateral, and all costs, expenses and reasonable attorneys’ fees incurred by the Trustee or the Beneficiary Mortgagee in connection therewith shall be a demand obligation owing by the TrustorMortgagor, and shall bear interest at the rate specified in the Loan Agreement Applicable Interest Rate from the date such expenses are incurred until paid, and shall be part of the Secured Obligations;.

Appears in 1 contract

Samples: Loan Agreement (Uranium Resources Inc /De/)

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Defend Title. The Trustor warrants Grantors warrant and shall forever defend the Collateral against every person whomsoever lawfully claiming the same or any part thereof, and the Trustor Grantors shall maintain and preserve the lien and security interest herein created until this instrument has been terminated and released as provided herein. If the title or the right of the Trustor Grantors or the Trustee or the Beneficiary to the Lands, Minerals Lands or any other Collateral or any part thereof shall be challenged or attacked, either directly or indirectly, or if any legal proceedings are commenced against the Trustor Grantors or all or any portion of the Lands, the Trustor Grantors shall promptly give written notice thereof to the Trustee and, at the Trustor’s Grantors’ own expense, shall proceed diligently to defend against any such attack or proceedings, and the Trustee and the Beneficiary may take such independent action in connection therewith as either of them may, in its reasonable discretion, deem advisable to protect its interest in the Collateral, and all costs, expenses and reasonable attorneys’ fees incurred by the Trustee or the Beneficiary in connection therewith shall be a demand obligation owing by the TrustorGrantors, and shall bear interest at the rate specified set forth in the Loan Pledge Agreement or the maximum rate permitted by applicable law, whichever is greater, from the date such expenses are incurred until paid, and shall be part of the Obligations;

Appears in 1 contract

Samples: Westmountain Gold, Inc.

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