Title and Lien. Title to the Equipment remains with SimplyHome until the full purchase price is paid and by this Agreement Customer provides SimplyHome a lien interest on all purchased Equipment.
Title and Lien. Except for Permitted Liens, the real property and all other property and assets of Borrower reflected in the audited consolidated financial statement of Borrower dated December 31, 2003, referenced in Section 6.8, are free from all liens, charges, security interests and encumbrances of any nature whatsoever; and, except as aforesaid, Borrower has a good and marketable title in fee simple to all such real property and good and marketable title to all other such property and assets, except those disposed of in the ordinary course of business.
Title and Lien. Grantor has good and indefeasible title to the Land in fee simple and Improvements, and good and marketable title to the Fixtures and Personalty, free and clear of any liens, charges, encumbrances, security interests, claim, easements, restrictions, options, leases (other than the Space Leases), covenants, and other rights, titles, interests, or estates of any nature whatsoever, except the Permitted Exceptions. This Deed of Trust constitutes a valid, subsisting first lien on the Land, the Improvements, and the Fixtures; a valid, subsisting first priority security interest in and to the Personalty, Contracts, and to the extent that the terms Space Leases and Rents include items covered by the UCC, in and to the Space Leases and Rents; and a valid, subsisting first priority assignment of the Space Leases and Rents not covered by the UCC, all in accordance with the terms hereof.
Title and Lien. Borrower has good, marketable and indefeasible title to the Land (in fee simple, if the lien created hereunder be on the fee, or a first and prior leasehold estate, if it be created on the leasehold estate) and Improvements, and good and marketable title to the Fixtures and Personalty, free and clear of any liens, charges, encumbrances, security interests, claims, easements, restrictions, options, leases, covenants, and other rights, titles, interests, or estates of any nature whatsoever, except the Permitted Exceptions. This Mortgage constitutes a valid, subsisting first lien on the Land, the Improvements, the Leases and the Fixtures; a valid, subsisting first priority security interest in and to the Personalty, Contracts, Rents and, to the extent that the term "Leases" includes items covered by the Code, in and to the Leases; all in accordance with the terms hereof and all subject to the Permitted Exceptions. The foregoing warranty of title shall survive the foreclosure or other enforcement of this Mortgage, and shall inure to the benefit of and be enforceable by Lender in the event Lender acquires title to the Mortgaged Property pursuant to any foreclosure or otherwise.
Title and Lien. Borrower has good and indefeasible title to the Land (in fee simple, if the lien created hereunder be on the fee, or a first and prior leasehold estate, if it be created on the leasehold estate) and Improvements, and good and marketable title to the Fixtures and Personalty, free and clear of any liens, charges, rights of first refusal or first offer, encumbrances, security interests, claims, easements, restrictions, options, leases (other than the Leases), covenants, and other rights, titles, interests, or estates of any nature whatsoever, other than the Permitted Exceptions. This Deed of Trust constitutes a valid, subsisting first lien on the Land, the Improvements, the Leases and the Fixtures; a valid, subsisting first priority security interest in and to the Personalty, Contracts, and to the extent that the term Leases include items covered by the Code, in and to the Leases; all in accordance with the terms hereof, and all subject to the Permitted Exceptions.
Title and Lien. Grantor has good and indefeasible title to the Land (in fee simple, if the lien created hereunder be on the fee, or a first and prior leasehold estate, if it be created on the leasehold estate) and Improvements, and good and marketable title to the Fixtures and Personalty, free and clear of any liens, charges, encumbrances, security interests, claims, easements, restrictions, options, leases (other than the Leases), covenants, and other rights, titles, interests, or estates of any nature whatsoever, except the Permitted Exceptions. This Deed of Trust constitutes a valid, subsisting first lien on the Land, the Improvements, and the Fixtures; a valid, subsisting first priority security interest in and to the Personalty, Contracts, and to the extent that the terms Leases and Rents include items covered by the Code, in and to the Leases and Rents; and a valid, subsisting priority assignment of the Leases and Rents not covered by the Code, all in accordance with the terms hereof.
Title and Lien. That at the delivery hereof, it is the lawful owner of the Mortgaged Property and is seized of a good and indefeasible estate of inheritance therein, free and clear of all liens and encumbrances, that it has full power to subject the same to the lien hereof and that it will warrant and defend the title thereto forever against the claims and demands of all persons whomsoever. That the lien created by this Mortgage is a first and prior lien on the Mortgaged Property and that it will keep the Mortgaged Property free from all lien claims of every kind and will protect and defend the title and possession thereof so that this Mortgage shall be and remain a first lien thereon until the Indebtedness is fully paid, or if foreclosure sale be had hereunder so that the purchaser at the said sale shall acquire good title in fee simple to the Mortgaged Property free and clear of all liens and encumbrances.
Title and Lien. Except as otherwise disclosed in writing to Bank, the Permitted Liens, and except for the encum brances created under the Collateral Documents and the security interests of CIT described in Section 1.14
Title and Lien. As of the delivery hereof, Subrecipient/Mortgagor is the lawful owner of the Mortgaged Property and is seized of a good and indefeasible estate of inheritance therein free and clear of all liens and encumbrances, has full power to subject the Mortgaged Property to the lien hereof and will warrant and defend the title thereto forever against the claims and demands of all persons whomsoever. Subrecipient/Mortgagor will, at its expense, do all such further acts and execute, acknowledge, deliver and record such further instruments and documents as City/Mortgagee shall require to continue, preserve and maintain this Mortgage as a valid and subsisting lien on the Mortgaged Property and the priority of this Mortgage and the record notice thereof so that no rights or liens of others shall gain parity with or priority over this Mortgage except as may be provided herein, until all indebtedness secured hereby is fully paid, or in the event of a foreclosure sale hereunder, so that the purchaser at said sale shall acquire good title in fee simple to the Mortgaged Property free and clear of all liens and encumbrances.
Title and Lien. Borrower has good and indefeasible title to the Land (in fee simple, if the lien created hereunder be on the fee, or a first and prior leasehold estate, if it be created on the leasehold estate) and Improvements, and good and marketable title to the Fixtures and Personalty, free and clear of any liens, charges, encumbrances, security interests, claims, easements, restrictions, options, leases (other than the Leases), covenants, and other rights, titles, interests, or estates of any nature whatsoever, except the Permitted Exceptions. This Lien Instrument constitutes a valid, subsisting first lien on the Land, the Improvements, and the Fixtures; a valid, subsisting first priority security interest in and to the Personalty, Contracts and to the extent that the terms Leases and Rents include items covered by the Code, in and to the Leases and Rents; and a valid, subsisting first priority assignment of the Leases and Rents not covered by the Code, all in accordance with the terms hereof.
