Common use of Habendum and Warranty of Title Clause in Contracts

Habendum and Warranty of Title. The Grantor represents that the Grantor is the lawful owner of the RP Collateral with good right and authority to encumber and convey it, and that the RP Collateral is free and clear of all liens, claims and encumbrances, subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan and insuring the lien of this Deed of Trust. The Grantor hereby binds the Grantor and the Grantor’s successors and assigns to forever WARRANT and DEFEND the Trust Property and every part of it unto the Trustee, his successors or substitutes in the Trust, and his or their assigns, against the claims and demands of every person whomsoever lawfully claiming or to claim it or any part of it (such warranty to supersede any provision contained in this Deed of Trust limiting the liability of the Grantor), subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan and insuring the lien of this Deed of Trust. The Grantor further represents and warrants (i) the Subject Lease is in full force and effect and has not been modified in any manner whatsoever, (ii) there are no defaults under the Subject Lease and no event has occurred, which but for the passage of time, or notice, or both, would constitute a default under the Subject Lease, (iii) all rents, additional rents and other sums due and payable under the Subject Lease have been paid in full, and (iv) no action has commenced and no notice has been given or received for the purpose of terminating the Subject Lease.

Habendum and Warranty of Title. (a) The Grantor represents that the Grantor is the lawful owner of the RP Collateral Trust Property in existence on the date hereof, with good right and authority to encumber and convey it, and that the RP Collateral is free and clear of all liens, claims and encumbrances, subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan Advances and insuring the lien of this Deed of Trust. The Grantor hereby binds the Grantor and the Grantor’s 's successors and assigns to forever WARRANT and DEFEND the Trust Property and every part of it unto the Trustee, his successors or substitutes in the Trust, and his or their assigns, against the claims and demands of every person whomsoever lawfully claiming or to claim it or any part of it (such warranty to supersede any provision contained in this Deed of Trust limiting the liability of the Grantor), subject to the terms and condition conditions of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan Advances and insuring the lien of this Deed of Trust. The Grantor further represents and warrants (i) the Subject Lease is in full force and effect and has not been modified in any manner whatsoever, (ii) there are no defaults under the Subject Lease and no event has occurred, which but for the passage of time, or notice, or both, would constitute a default under the Subject Lease, (iii) all rents, additional rents and other sums due and payable under the Subject Lease have been paid in full, and (iv) no action has commenced and no notice has been given or received for the purpose of terminating the Subject Lease. (b) The Grantor also represents and warrants that (i) the Grantor is now, and after giving effect to this Deed of Trust, will be in a solvent condition, (ii) the execution and delivery of this Deed of Trust by the Grantor does not constitute a "fraudulent conveyance" within the meaning of Title 11 of the United States Code as now constituted or under any other applicable statute, and (iii) no bankruptcy or insolvency proceedings are pending or contemplated by or against the Grantor.

Habendum and Warranty of Title. (a) The Grantor represents that the Grantor is the lawful owner of the RP Collateral Trust Property in existence on the date hereof, with good right and authority to encumber and convey it, and that the RP Collateral is free and clear of all liens, claims and encumbrances, subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan Advances and insuring the lien of this Deed of Trust. The Grantor hereby binds the Grantor and the Grantor’s successors and assigns to forever WARRANT and DEFEND the Trust Property and every part of it unto the Trustee, his successors or substitutes in the Trust, and his or their assigns, against the claims and demands of every person whomsoever lawfully claiming or to claim it or any part of it (such warranty to supersede any provision contained in this Deed of Trust limiting the liability of the Grantor), subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan Advances and insuring the lien of this Deed of Trust. The Grantor further represents and warrants (i) the Subject Lease is in full force and effect and has not been modified in any manner whatsoever, (ii) there are no defaults under the Subject Lease and no event has occurred, which but for the passage of time, or notice, or both, would constitute a default under the Subject Lease, (iii) all rents, additional rents and other sums due and payable under the Subject Lease have been paid in full, and (iv) no action has commenced and no notice has been given or received for the purpose of terminating the Subject Lease. (b) The Grantor also represents and warrants that (i) the Grantor is now, and after giving effect to this Deed of Trust, will be in a solvent condition, (ii) the execution and delivery of this Deed of Trust by the Grantor does not constitute a “fraudulent conveyance’’ within the meaning of Title 11 of the United States Code as now constituted or under any other applicable statute, and (iii) no bankruptcy or insolvency proceedings are pending or contemplated by or against the Grantor.

Habendum and Warranty of Title. The Grantor represents that the Grantor is the lawful owner of the RP Collateral with good right and authority to encumber and convey it, and that the RP Collateral is free and clear of all liens, claims and encumbrances, subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan and insuring the lien of this Deed of Trust. The Grantor hereby binds the Grantor and the Grantor’s 's successors and assigns to forever WARRANT and DEFEND the Trust Property and every part of it unto the Trustee, his successors or substitutes in the Trust, and his or their assigns, against the claims and demands of every person whomsoever lawfully claiming or to claim it or any part of it (such warranty to supersede any provision contained in this Deed of Trust limiting the liability of the Grantor), subject to the terms and condition of the Subject Lease and the other title exceptions expressly set forth in the title insurance policy issued to the Beneficiary in connection with the Loan and insuring the lien of this Deed of Trust. The Grantor further represents and warrants (i) the Subject Lease is in full force and effect and has not been modified in any manner whatsoever, (ii) there are no defaults under the Subject Lease and no event has occurred, which but for the passage of time, or notice, or both, would constitute a default under the Subject Lease, (iii) all rents, additional rents and other sums due and payable under the Subject Lease have been paid in full, and (iv) no action has commenced and no notice has been given or received for the purpose of terminating the Subject Lease.