Common use of Title and Title Insurance Clause in Contracts

Title and Title Insurance. Certificate Trustee shall have received from the Title Insurance Company an ALTA 1970 owner's policy of title insurance (or an irrevocable commitment for the issuance thereof), reasonably acceptable in form and substance to each Participant(the "Owner's Policy"), insuring that Certificate Trustee has good and marketable fee title to, or a valid leasehold estate in, such Site, subject to the Lease and such other exceptions to title as are reasonably acceptable to each Participant, in an amount equal to the aggregate Commitments with respect to such Site together with complete, legible copies of all encumbrances, maps and surveys of record. Agent, for the benefit of the Participants, shall have received from the Title Insurance Company (or an irrevocable commitment for the issuance thereof), an ALTA 1970 form of loan policy of title insurance (the "Lender's Policy"; together with the Owner's Policy, the "Title Policies"), reasonably acceptable in form and substance to the Required Participants, insuring the creation under the Agent's Mortgage in favor of Agent of valid first priority Liens against the Mortgaged Property (defined in the Agent's Mortgage), subject to such exceptions to title as are reasonably acceptable to the Required Participants, in an amount equal to the aggregate Commitments, together with complete, legible copies of all encumbrances and plats of record. The Title Policies shall be dated as of the Site Advance Date and, to the extent permitted under Applicable Laws and Regulations, shall: (w) contain affirmative endorsements as to mechanics' liens, doing business, usury, Form 3.0 zoning, Form B-1 comprehensive coverage, encroachments, the nonviolation of covenants and restrictions, rights of access and survey matters, (x) delete the creditors' rights and survey exclusions, (y) contain endorsements regarding the effect of recharacterization and (z) contain such other endorsements reasonably requested by the Required Participants.

Title and Title Insurance. Certificate Trustee Lessor and the Administrative Agent shall have received from the Title Insurance Company (i) an ALTA 1970 2006 owner's ’s policy of title insurance (or an irrevocable commitment for the issuance thereof) with respect to the Leased Property (the “Owner’s Policy”), reasonably acceptable in form and substance to each Participant(the "Owner's Policy")Lessor, insuring that Certificate Trustee Lessor has a good and marketable fee title to, or a valid leasehold estate in, such Siteownership interest in the Leased Property, subject in each case to the Lease and such other exceptions to title as are reasonably acceptable to each Participantpermitted under any of the Operative Documents, in an amount equal to the aggregate Commitments with respect to such Site Aggregate Commitment Amount together with complete, legible copies of all encumbrances, maps recorded documents referenced as exceptions therein and surveys (ii) an ALTA 2006 lender’s policy of record. Agent, for the benefit of the Participants, shall have received from the Title Insurance Company title insurance (or an irrevocable commitment for the issuance thereof), an ALTA 1970 form of loan policy of title insurance ) with respect to the Site and the Facility (the "Lender's “Administrative Agent’s Policy"”; together with the Owner's ’s Policy, the "“Title Policies"”), reasonably acceptable in form and substance to the Required Participants, insuring the creation under Lien created by the Agent's Mortgage in favor Assignment of Agent of Leases as a valid first priority Liens Lien against the Mortgaged Property (defined in the Agent's Mortgage)Leased Property, subject in each case to such exceptions to title as are reasonably acceptable to permitted under any of the Required ParticipantsOperative Documents, in an amount equal to the aggregate Commitments, Aggregate Commitment Amount together with complete, legible copies of all encumbrances and plats of recordrecorded documents referenced as exceptions therein. The Title Policies shall be dated as of the Site Advance Document Closing Date and, to the extent permitted under Applicable Laws and RegulationsLaws, shall, as applicable: (wv) contain affirmative endorsements as to mechanics' ’ liens, doing business, usury, Form 3.0 zoning, Form B-1 comprehensive coverage, encroachments, the nonviolation of covenants and restrictions, rights of access and survey matters, (x) delete the creditors' rights and survey exclusions, (y) contain endorsements regarding the effect of recharacterization recharacterization, and (z) contain such other endorsements reasonably requested by the Required Participants.

Title and Title Insurance. Certificate Trustee Lessor and the Administrative Agent shall have received from the Title Insurance Company (i) an ALTA 1970 2006 owner's ’s policy of title insurance (or an irrevocable commitment for the issuance thereof) with respect to the Leased Property (the “Owner’s Policy”), reasonably acceptable in form and substance to each Participant(the "Owner's Policy")Lessor, insuring that Certificate Trustee Lessor has a good and marketable fee title to, or a valid leasehold estate in, such Siteownership interest in the Leased Property, subject in each case to the Lease and such other exceptions to title as are reasonably acceptable to each Participantpermitted under any of the Operative Documents, in an amount equal to the aggregate Commitments with respect to such Site Aggregate Commitment Amount together with complete, legible copies of all encumbrances, maps recorded documents referenced as exceptions therein and surveys (ii) an ALTA 2006 lender’s policy of record. Agent, for the benefit of the Participants, shall have received from the Title Insurance Company title insurance (or an irrevocable commitment for the issuance thereof), an ALTA 1970 form of loan policy of title insurance ) with respect to the Site and the Facility (the "Lender's “Administrative Agent’s Policy"”; together with the Owner's ’s Policy, the "“Title Policies"”), reasonably acceptable in form and substance to the Required Participants, insuring the creation under Lien created by the Agent's Mortgage in favor Assignment of Agent of Leases as a valid first priority Liens Lien against the Mortgaged Property (defined in the Agent's Mortgage)Leased Property, subject in each case to such exceptions to title as are reasonably acceptable to permitted under any of the Required ParticipantsOperative Documents, in an amount equal to the aggregate Commitments, Aggregate Commitment Amount together with complete, legible copies of all encumbrances and plats of recordrecorded documents referenced as exceptions therein. The Title Policies shall be dated as of the Site Advance Original Closing Date and, to the extent permitted under Applicable Laws and RegulationsLaws, shall, as applicable: (wv) contain affirmative endorsements as to mechanics' ’ liens, doing business, usury, Form 3.0 zoning, Form B-1 comprehensive coverage, encroachments, the nonviolation of covenants and restrictions, rights of access and survey matters, (x) delete the creditors' rights and survey exclusions, (y) contain endorsements regarding the effect of recharacterization recharacterization, and (z) contain such other endorsements reasonably requested by the Required Participants.

Title and Title Insurance. Certificate Trustee shall have received from the Title Insurance Company an ALTA 1970 owner's policy of title insurance (or an irrevocable commitment for the issuance thereof), reasonably acceptable in form and substance to each Participant(the Participant (the "Owner's PolicyOWNER'S POLICY"), insuring that Certificate Trustee has good and marketable fee title to, or a valid leasehold estate in, such Siteto the Leased Property, subject to the Lease and such other exceptions to title as are reasonably acceptable to each Participant, in an amount equal to the aggregate Commitments with respect to such Site together with complete, legible copies of all encumbrances, maps and surveys of record. Agent, for the benefit of the Participants, shall have received from the Title Insurance Company (or an irrevocable commitment for the issuance thereof), an ALTA 1970 form of loan policy of title insurance (the "Lender's PolicyLENDER'S POLICY"; together with the Owner's Policy, the "Title PoliciesTITLE POLICIES"), reasonably acceptable in form and substance to the Required Participants, insuring the creation under the Agent's Mortgage Deed of Trust in favor of Agent of valid first priority Liens against the Mortgaged Property (defined in the Agent's Mortgage)Property, subject to such exceptions to title as are reasonably acceptable to the Required Participants, . Each Title Policy shall be in an amount equal to the aggregate Commitments, together with complete, legible copies of all encumbrances encumbrances, maps, surveys, and plats of record. The Title Policies shall be dated as of the Site Advance Date and, to the extent permitted under Applicable Laws and RegulationsLaws, shall: shall (w) contain affirmative endorsements as to mechanics' liens, doing business, usury, Form 3.0 zoning, easements and rights-of-way, Form B-1 comprehensive coverage, encroachments, the nonviolation of covenants and restrictions, rights of access and survey matters, (x) delete the creditors' rights and survey exclusions, (y) contain endorsements regarding the effect of recharacterization recharacterization, and (z) contain such other endorsements reasonably requested by the Required Participants.