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

DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Grantor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Security Deed and the rights and powers of Grantee hereunder at Grantor’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 Grantor’s or Xxxxxxx’s rights. Grantor shall give Grantee 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 to Secure Debt (Cole Credit Property Trust III, Inc.), Deed to Secure Debt (Cole Credit Property Trust III, Inc.), Deed to Secure Debt (Cole Credit Property Trust III, Inc.)

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DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Grantor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Security Deed of Trust and the rights and powers of Grantee Lender hereunder at Grantor’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 Grantor’s or XxxxxxxXxxxxx’s rights. Grantor shall give Grantee Xxxxxx 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 (Cole Credit Property Trust III, Inc.), Deed of Trust, Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

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DEFENSE AND NOTICE OF LOSSES, CLAIMS AND ACTIONS. Grantor shall protect, preserve and defend the Property and title to and right of possession of the Property, the security of this Security Deed of Trust and the rights and powers of Grantee Lender hereunder at Grantor’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 Grantor’s or XxxxxxxLender’s rights. Grantor shall give Grantee Lender 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, Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.), Deed of Trust, Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

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