Common use of Defense of Title and Litigation Clause in Contracts

Defense of Title and Litigation. If the Lien, security interest, validity, enforceability or priority of this Deed of Trust, or if title or any of the rights of Lender in or to the Secured Property, shall be endangered, or shall be attacked directly or indirectly or if any action or proceeding is instituted against Grantor or Lender with respect thereto, Grantor will promptly notify Lender and will diligently endeavor to cure any defect which may be developed or claimed, and will take all commercially reasonable, necessary and proper steps for the defense of such action or proceeding, including, without limitation, the employment of counsel, the prosecution or defense of litigation and, subject to Xxxxxx’s reasonable approval, the compromise, release or discharge of any and all adverse claims. Lender (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding or the protection of the Lien, security interest, validity, enforceability or priority of this Deed of Trust or of such title or rights, including, without limitation, the employment of counsel, the prosecution or defense of litigation, the compromise, release or discharge of such adverse claims, the purchase of any tax title and the removal of such prior Liens and security interests. Grantor shall, on demand, reimburse Lender for all expenses (including, without limitation, actual documented attorneys’ fees and disbursements (including, without limitation, in-house and outside counsel fees and costs but without duplication)) incurred by Xxxxxx in connection with the foregoing matters, and the party incurring such expenses shall be subrogated to all rights of the Person receiving such payment. All such costs and expenses of Lender, until reimbursed by Grantor, shall be deemed to be secured by this Deed of Trust.

Defense of Title and Litigation. If the Lienlien, security interest, validity, enforceability or priority of this Deed of TrustMortgage, or if title or any of the rights of Lender Mortgagor or Mortgagee in or to the Secured Mortgaged Property, shall be endangeredendangered or questioned, or shall be attacked directly or indirectly indirectly, or if any action or proceeding is instituted against Grantor Mortgagor or Lender Mortgagee with respect thereto, Grantor Mortgagor will promptly notify Lender Mortgagee thereof, in writing, and will diligently endeavor to cure any defect which may be developed or claimed, and will take all commercially reasonable, necessary and proper steps for the defense of such action or proceeding, including, without limitation, including the employment of counselcounsel and other experts, the prosecution or defense of litigation and, subject to Xxxxxx’s reasonable Mortgagee's approval, the compromise, release or discharge of any and all adverse claims. Lender Mortgagee (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding or the protection of the Lienlien, security interest, validity, enforceability or priority of this Deed of Trust Mortgage or of such title or rights, including, without limitation, including the employment of counselcounsel and other experts, the prosecution or defense of litigation, the compromise, release or discharge of such adverse claims, the purchase of any tax title and the removal of such prior Liens liens and security interests. Grantor Mortgagor shall, on demand, promptly reimburse Lender Mortgagee for all expenses (including, without limitation, actual documented including attorneys’ ' fees and disbursements (including, without limitation, in-house and outside counsel fees and costs but without duplication)disbursements) incurred by Xxxxxx it in connection with the foregoing matters, and the party incurring such expenses shall be subrogated to all rights of the Person receiving such payment. All such costs and expenses of LenderMortgagee, until reimbursed by GrantorMortgagor, shall be part of the obligations and shall be and shall be deemed to be secured by this Deed of TrustMortgage.

Defense of Title and Litigation. If the Lienlien, security interest, validity, enforceability or priority of this Deed of Trustany Security Instrument, or if title or any of the rights of Borrower or Lender in or to the Secured Property, shall be endangeredendangered or questioned, or shall be attacked directly or indirectly indirectly, or if any action or proceeding is instituted against Grantor Borrower or Lender with respect thereto, Grantor Borrower will promptly notify Lender thereof and will diligently endeavor use commercially reasonable efforts to cure any defect which may be developed or claimed, and will take all commercially reasonable, necessary and proper steps for the defense of such action or proceeding, including, without limitation, the employment of counsel, the making of a demand for such defense under Borrower's title insurance policy, the prosecution or defense of litigation and, subject to Xxxxxx’s reasonable Lender's prior written approval, the compromise, release or discharge of any and all adverse claims. Lender (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding or for the protection of the Lienlien, security interest, validity, enforceability or priority of this Deed of Trust the Security Instrument or of such title or rights, including, without limitation, including the employment of counsel, the prosecution or defense of litigation, the compromise, release or discharge of such adverse claims, the purchase of any tax title and the removal of such prior Liens liens and security interests. Grantor Borrower shall, on demand, pay or reimburse Lender for all documented expenses (including, without limitation, actual documented including reasonable attorneys’ ' fees and disbursements (including, without limitation, in-house and outside counsel fees and costs but without duplication)disbursements) actually incurred by Xxxxxx it in connection with the foregoing matters, and the party incurring such expenses shall be subrogated to all rights of the Person receiving such payment. All such costs and expenses of Lender, until paid or reimbursed by GrantorBorrower, shall be part of the Obligations and shall be and shall be deemed to be secured by the Security Instruments. It is further agreed that Borrower hereby appoints Lender as its attorney-in-fact with respect to matters arising under this Deed Section 2.1(e), which appointment is irrevocable and shall be deemed to be coupled with an interest, with respect to the taking of Trustsuch steps as may be necessary or proper in the sole discretion of Lender with respect to the matters referred to in this Section 2.1(e).

Defense of Title and Litigation. If the Lienlien, security interest, validity, enforceability or priority of this Deed of TrustSecurity Instrument, or if title or any of the rights of Borrower or Lender in or to the Secured Property, shall be endangeredendangered or questioned, or shall be attacked directly or indirectly indirectly, or if any action or proceeding is instituted against Grantor Borrower or Lender with respect thereto, Grantor Borrower will promptly notify Lender thereof and will diligently endeavor to cure any defect which may be developed or claimed, and will take all commercially reasonable, necessary and proper steps for the defense of such action or proceeding, including, without limitation, the employment of counsel, the making of a demand for such defense under Borrower’s title insurance policy, the prosecution or defense of litigation and, subject to XxxxxxLender’s reasonable prior written approval, the compromise, release or discharge of any and all adverse claims. Lender (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding or for the protection of the Lienlien, security interest, validity, enforceability or priority of this Deed of Trust Security Instrument or of such title or rights, including, without limitation, including the employment of counsel, the prosecution or defense of litigation, the compromise, release or discharge of such adverse claims, the purchase of any tax title and the removal of such prior Liens liens and security interests. Grantor Borrower shall, on demand, pay or reimburse Lender for all expenses (including, without limitation, actual documented including reasonable attorneys’ fees and disbursements (including, without limitation, in-house and outside counsel fees and costs but without duplication)disbursements) incurred by Xxxxxx it in connection with the foregoing matters, and the party incurring such expenses shall be subrogated to all rights of the Person receiving such payment. All such costs and expenses of Lender, until paid or reimbursed by GrantorBorrower, shall be part of the Obligations and shall be and shall be deemed to be secured by this Deed Security Instrument. It is further agreed that Borrower hereby appoints Lender as its attorney-in-fact, which appointment is irrevocable and shall be deemed to be coupled with an interest, with respect to the taking of Trustsuch steps as may be necessary or proper in the reasonable discretion of Lender with respect to the matters referred to in this Section 2.1(e).

Defense of Title and Litigation. If Subject to the LienPermitted Liens, if the lien or security interestinterest created by this Security Instrument, or the validity, enforceability enforceability, or priority thereof or of this Deed of TrustSecurity Instrument, or if title or any of the rights of Borrower or Lender in or to the Secured PropertyCollateral, shall be endangeredendangered or questioned, or shall be attacked directly or indirectly indirectly, or if any action or proceeding is instituted against Grantor Borrower or Lender with respect thereto, Grantor Borrower will promptly notify Lender thereof and will diligently endeavor to cure any defect which may be developed or claimed, and will take all commercially reasonable, necessary and proper steps for the defense of such action or proceeding, including, without limitation, including the employment of counsel, the prosecution or defense of litigation litigation, and, subject to XxxxxxLender’s reasonable approval, the compromise, release release, or discharge of any and all adverse claims. Lender (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding or the protection of the Lienlien, security interest, validity, enforceability enforceability, or priority of this Deed of Trust Security Instrument, or of such title or rights, including, without limitation, including the employment of counsel, the prosecution or defense of litigation, the compromise, release release, or discharge of such adverse claims, the purchase of any tax title title, and the removal of such prior Liens liens and security interests. Grantor Borrower shall, on demand, reimburse Lender for all expenses (including, without limitation, actual documented including reasonable attorneys’ fees and disbursements (including, without limitation, in-house and outside counsel fees and costs but without duplication)disbursements) incurred by Xxxxxx it in connection with the foregoing matters, and the party incurring such expenses shall be subrogated to all rights of the Person receiving such payment. All such costs and expenses of Lender, until reimbursed by GrantorBorrower, shall be part of the Obligations and shall be deemed to be secured by this Deed of TrustSecurity Instrument.

Defense of Title and Litigation. If the Lienlien or security interest created by this Instrument, security interest, or the validity, enforceability enforceability, or priority thereof or of this Deed of TrustInstrument, or if title or any of the rights of Lender Debtor or Secured Party in or to the Secured PropertyCollateral, shall be endangeredendangered or questioned, or shall be attacked directly or indirectly indirectly, or if any action or proceeding is instituted against Grantor Debtor or Lender Secured Party with respect thereto, Grantor Debtor will promptly notify Lender Secured Party thereof and will diligently endeavor to cure any defect which may be developed or claimed, and will take all commercially reasonable, necessary and proper steps for the defense of such action or proceeding, including, without limitation, including the employment of counsel, the prosecution or defense of litigation litigation, and, subject to Xxxxxx’s reasonable Secured Party's approval, the compromise, release release, or discharge of any and all adverse claims. Lender Secured Party (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding or the protection of the Lienlien, security interest, validity, enforceability enforceability, or priority of this Deed of Trust Instrument, or of such title or rights, including, without limitation, including the employment of counsel, the prosecution or defense of litigation, the compromise, release release, or discharge of such adverse claims, the purchase of any tax title title, and the removal of such prior Liens liens and security interests. Grantor Debtor shall, on demand, reimburse Lender Secured Party for all expenses (including, without limitation, actual documented including attorneys’ ' fees and disbursements (including, without limitation, in-house and outside counsel fees and costs but without duplication)disbursements) incurred by Xxxxxx it in connection with the foregoing matters, and the party incurring such expenses shall be subrogated to all rights of the Person receiving such payment. All such costs and expenses of LenderSecured Party, until reimbursed by GrantorDebtor, shall be part of the Obligations and shall be and shall be deemed to be secured by this Deed of TrustInstrument.