Common use of DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS Clause in Contracts

DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Trustor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Deed of Trust and the rights and powers of Beneficiary hereunder at Trustor’s sole expense against all adverse claims, whether the claim: (a) is against a possessory or non-possessory interest; (b) arose prior or subsequent to the Effective Date; or (c) is senior or junior to Trustor’s or Beneficiary’s rights. Trustor shall give Beneficiary prompt notice in writing upon learning of the assertion of any claim, of the filing of any action or proceeding, of the occurrence of any damage to the Property and of any condemnation offer or action.

Appears in 3 contracts

Samples: Deed of Trust (Cole Credit Property Trust III, Inc.), Deed of Trust (Cole Credit Property Trust III, Inc.), Deed of Trust and Security Agreement (Cole Credit Property Trust III, Inc.)

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DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Trustor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee hereunder at Trustor’s 's sole expense against all adverse claims, whether the claim: (a) is against a possessory or non-possessory interest; (b) arose prior or subsequent to the Effective Date; or (c) is senior or junior to Trustor’s 's or Beneficiary’s 's rights. Trustor shall give Beneficiary and Trustee prompt notice in writing upon learning of the assertion of any claim, of the filing of any action or proceeding, of the occurrence of any damage to the Property and of any condemnation offer or action.

Appears in 2 contracts

Samples: Modification Agreement (Manufactured Home Communities Inc), Leasehold Deed of Trust (Inland Western Retail Real Estate Trust Inc)

DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Trustor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee hereunder at Trustor’s 's sole expense against all adverse claims, whether the claim: (a) is against a possessory or non-non- possessory interest; (b) arose prior or subsequent to the Effective Date; or (c) is senior or junior to Trustor’s 's or Beneficiary’s 's rights. Trustor shall give Beneficiary and Trustee prompt notice in writing upon learning of the assertion of any claim, of the filing of any action or proceeding, of the occurrence of any damage to the Property and of any condemnation offer or action.

Appears in 2 contracts

Samples: Deed of Trust (Protein Design Labs Inc/De), Deed of Trust (Protein Design Labs Inc/De)

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DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Trustor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee hereunder at Trustor’s sole expense against all adverse claims, whether the claim: (a) is against a possessory or non-possessory interest; (b) arose prior or subsequent to the Effective Date; or (c) is senior or junior to Trustor’s or Beneficiary’s rights. Trustor shall give Beneficiary and Trustee prompt notice in writing upon learning of the assertion of any claim, of the filing of any action or proceeding, of the occurrence of any damage to the Property and of any condemnation offer or action.

Appears in 1 contract

Samples: Deed of Trust (KBS Real Estate Investment Trust, Inc.)

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