Common use of Title Insurance Policy Clause in Contracts

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on Schedule 6.1(j); (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 and such as may be approved by the Collateral Agent; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as reasonably agreed to by the Collateral Agent and the Parent Borrower; and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Fee Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Datedate the applicable Mortgage is executed and delivered. Each such policy shall (i) be in the amount set forth with respect to such policy on in Schedule 6.1(j6.1(k), or in an amount otherwise reasonably satisfactory to the Collateral Agent; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property Fee Properties encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 and such as may be approved by the Collateral Agent, and except for Permitted Liens; (iii) name the Collateral Agent for the benefit of the Lenders Secured Parties as the insured thereunder; (iv) be in the form of an ALTA Loan PolicyPolicy – Form 2006 (or equivalent policies); (v) contain such endorsements and affirmative coverage coverage, as reasonably agreed to by the Collateral Agent and the Parent Borrower; and (vi) be issued by First American Chicago Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(jSubsection 6.1(k) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Fee Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Datedate the applicable Mortgage is executed and delivered. Each such policy shall (i) be in the amount set forth with respect to such policy on in Schedule 6.1(j6.1(k), or in an amount otherwise reasonably satisfactory to the Collateral Agent; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property Fee Properties encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 and such as may be approved by the Collateral Agent, and except for Permitted Liens; (iii) name the Collateral Agent for the benefit of the Lenders Secured Parties as the insured thereunder; (iv) be in the form of an ALTA Loan PolicyPolicy — Form 2006 (or equivalent policies); (v) contain such endorsements and affirmative coverage coverage, as reasonably agreed to by the Collateral Agent and the Parent Borrower; and (vi) be issued by First American Chicago Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(jSubsection 6.1(k) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Insured Fee Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on in Part I of Schedule 6.1(j6.1(n); (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 subsections 7.10 and 8.2 8.3 and such as may be approved by the Collateral Agent; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as reasonably agreed were contained in the ALTA Loan Policy listed with respect to by the Collateral Agent and the Parent Borrowersuch policy in Part II of Schedule 6.1(n); and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on Schedule 6.1(j); (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 7.10 and 8.2 8.3 and such as may be approved by the Collateral Agent; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as reasonably agreed to by the Collateral Agent and the Parent Borrower; and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.

Title Insurance Policy. The Collateral Each Co-Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a date-down endorsement for the existing mortgagee’s 's title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Required Purchasers; (ii) insure that the Mortgage insured thereby creates a valid first Lien second in priority only to Liens created under the Senior Credit Documents on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 Section 8.3 hereof and such as the Required Purchasers may be approved by the Collateral Agentapprove from time to time; (iii) name the Collateral Agent Co-Agents, as agents for the benefit of the Lenders Purchasers as the insured insureds thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Required Purchasers may reasonably agreed request, except that (A) in the case of zoning endorsements, if any, no additional premiums will be required in excess of $2,000 per property and (B) those exceptions taken on account of the delayed delivery of surveys to by the Collateral Agent Title Insurance Company, which surveys shall be delivered pursuant to Section 7.11(b) hereof and which exceptions shall be removed from the Parent Borrower; and applicable policies pursuant to Section 7.11(c) hereof, (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent Required Purchasers (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral AgentRequired Purchasers) and (vii) be issued at ordinary rates (other than with respect to affirmative insurance). The Collateral Agent Co-Agents shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Agent Co-Agents shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Agent Required Purchasers may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral AgentRequired Purchasers.

Title Insurance Policy. The Collateral Agent Borrower shall have received furnished to the Administrative Agent, no later than 60 days after the date hereof, in respect of each of the Mortgaged Properties an irrevocable written commitment to issue parcel covered by each Mortgage a mortgagee’s 's title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Datedate of the recording of such Mortgage. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Administrative Agent and the Other Representatives; (ii) insure that the each Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby such parcel free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 Section 8.3 and such as may be approved by the Collateral Administrative Agent, provided that those defects and encumbrances originally approved by the Administrative Agent in connection with the Existing Credit Facility shall be approved in connection herewith; (iii) name the Collateral Administrative Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Administrative Agent may reasonably agreed to request, provided that those endorsements and affirmative coverage originally received by the Collateral Administrative Agent and in connection with the Parent Borrower; Existing Credit Facility shall be acceptable to the Administrative Agent in connection with all matters other than those arising after the date of the Existing Credit Facility and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Administrative Agent (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral Administrative Agent). The Collateral Administrative Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Administrative Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral AgentSection.

Title Insurance Policy. The Collateral Administrative Agent shall have received in respect of each of the Mortgaged Properties Mortgage an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Administrative Agent; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 subsection 8.3 and such as may be approved by the Collateral Administrative Agent; (iii) name the Collateral Administrative Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Administrative Agent may reasonably agreed to by the Collateral Agent and the Parent Borrowerrequest; and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Administrative Agent (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral Administrative Agent). The Collateral Administrative Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Administrative Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Administrative Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Administrative Agent.

Title Insurance Policy. The Collateral Agent With respect to the title insurance policy covering the Xxxxxxxxxx Lease that Sellers will deliver to Buyer at Closing pursuant to Section 6.2(d) (subject to the terms of such condition), and with respect to the title insurance policy covering the Xxxxxxxx Lease that Sellers will deliver to Buyer pursuant to Section 7.13, which such policies shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount form attached hereto as Exhibit F (and in each case containing all the terms set forth in such form, and not containing any exceptions other than those set forth in such form, except for, with respect to the Xxxxxxxx Lease policy, changes necessary to reflect an accurate legal description of the leasehold interest in Section 5 of the Form of Title Insurance Policy, an accurate description of any out conveyances in Section 5 of the Form of Title Insurance Policy not created by, through or under Sellers, an accurate description of any rights of specific surface or subsurface owners in Section 8 of Schedule B of the Form of Title Insurance Policy (the “Schedule of Exceptions”) not created by, through or under Sellers and an accurate legal description of the rights of way and easements affecting the Xxxxxxxx Lease in Section 23 of the Schedule of Exceptions not created by, through or under Sellers, in each case disclosed to Buyer prior to the commencement of the Xxxxxxxx Diligence Period (any such changes, the “Acceptable Modifications”)). Sellers shall provide to the insurer issuing such title insurance policies information regarding the Assets to be covered by such policies, to the extent such information is not in the public records and is in Sellers’ possession, and such information provided by Sellers shall be, to Sellers’ Knowledge, accurate in all material respects. Sellers shall perform all obligations required of Sellers with respect to such policy on Schedule 6.1(j); (ii) insure policies, and shall not take any action or fail to take any action that would violate the Mortgage insured thereby creates a valid first Lien on terms or conditions of such policies or cause the Mortgaged Property encumbered thereby free and clear of all defects and encumbrancesinsurance coverage provided thereunder, except those permitted by Sections 7.9 and 8.2 and such as may be approved by the Collateral Agent; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as reasonably agreed to by the Collateral Agent and the Parent Borrower; and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory part of it, to lapse or be unavailable to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at insureds listed on such policies. Prior to the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect issuance of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent Buyer shall have also received the right to deliver to the insurer issuing any such title insurance policy a copy of all recorded documents referred to, or listed as exceptions written disclosure containing information regarding the Assets to title in, the title policy or policies referred to in this Section 6.1(j) and a copy, certified be covered by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agentpolicies.

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on in Part I of Schedule 6.1(j5.1(k), but in no event greater than 110% of the higher of appraised and tax value of each Mortgaged Property; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property Properties encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 subsection 6.10 and such as may be approved by the Collateral Agent, and except for Permitted Liens; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage coverage, as reasonably agreed to by the Collateral Agent and the Parent Borrower, as were contained in the ALTA Loan Policy listed with respect to such policy in Part II of Schedule 5.1(k); and (vi) be issued by First American Xxxxxxx Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.

Title Insurance Policy. The Collateral Administrative Agent shall have received in respect of each parcel of the Mortgaged Properties an irrevocable written commitment to issue owned real property covered by a Mortgage a mortgagee’s 's title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Datedate of the recording of such Mortgage. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Administrative Agent; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby such parcel free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 subsection 8.3 and such as may be approved by the Collateral Administrative Agent; (iii) name the Collateral Administrative Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Administrative Agent may reasonably agreed to by the Collateral Agent and the Parent Borrower; request and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Administrative Agent (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral Administrative Agent). The Collateral Administrative Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Administrative Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, copy certified by such parties as the Collateral Administrative Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Administrative Agent.

Title Insurance Policy. The Collateral Administrative Agent shall have received in respect of each of the Insured Fee Properties and Mortgaged Leased Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on in Part I of Schedule 6.1(j6.1(n); (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 subsections 7.11 and 8.2 8.3 and such as may be approved by the Collateral Administrative Agent; (iii) name the Collateral Administrative Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as reasonably agreed were contained in the ALTA Loan Policy listed with respect to by the Collateral Agent and the Parent Borrowersuch policy in Part II of Schedule 6.1(n); and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Administrative Agent (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral Administrative Agent). The Collateral Administrative Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Administrative Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Administrative Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Administrative Agent.

Title Insurance Policy. The Collateral Administrative Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a mortgagee’s 's title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Effective Date. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Administrative Agent; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 subsection 8.3 and such as may be approved by the Collateral Administrative Agent; (iii) name the Collateral Administrative Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Administrative Agent may reasonably agreed to by request; provided that, in the Collateral Agent and the Parent Borrower; and case of zoning endorsements, if any, no additional premiums will be required in excess of $2,000 per property, (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Administrative Agent (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral Administrative Agent) and (vii) be issued at ordinary rates (other than with respect to affirmative insurance). The Collateral Administrative Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Administrative Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Administrative Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Administrative Agent.. 76 70

Title Insurance Policy. (a) The Collateral Agent Seller shall have received cause the Title Insurer to update the Commitments as of the Business Day prior to the Closing Date. In the event that the updated Commitments disclose any defect not included in respect the original Commitments, the procedure set forth in Section 2.27(c) hereof shall apply. (b) The Seller shall cause the Title Insurer, as soon as practicable after the Closing, to issue an Owner’s Policy of Title Insurance (each, a “Title Policy” and collectively, the “Title Insurance”), to the Purchaser, with the Seller and the Purchaser each responsible for one-half of the expense, covering the Owned Real Property in the amount equal to the net book value of the relevant Owned Real Property as included in the calculation set forth in Section 1.9 hereof. Such policies shall guarantee and insure the Purchaser’s title to the relevant Owned Real Property to be good and indefeasible, subject only to the Permitted Exceptions, and such policy shall contain an endorsement insuring over standard exceptions and a Zoning 3.1 endorsement. (c) At least ten (10) calendar days prior to the Closing Date, the Seller shall deliver to the Purchaser (i) a completed form of the deeds by which it is to convey title to each Owned Real Property to the Purchaser on the Closing Date, which shall be special warranty deeds, subject only to Permitted Exceptions, and (ii) proformas of each of the Mortgaged Properties an irrevocable written commitment Title Policies, including proforma specimens of any endorsements thereto required under Section 2.25(b) hereof, required to issue a mortgagee’s title policy (or policiescure any Objections pursuant to Section 2.27(c) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on Schedule 6.1(j); (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 and such as may be approved by the Collateral Agent; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as reasonably agreed to by the Collateral Agent and the Parent Borrower; and (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred tohereof, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been otherwise reasonably requested by the Collateral Agent.Purchaser.2.26

Title Insurance Policy. The Collateral Each Co-Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue a mortgagee’s 's title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Required Purchasers; (ii) insure that the Mortgage insured thereby creates a valid first Lien second in priority only to Liens created under the Senior Credit Documents on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 Section 8.3 hereof and such as the Required Purchasers may be approved by the Collateral Agentapprove from time to time; (iii) name the Collateral Agent Co-Agents, as agents for the benefit of the Lenders Purchasers as the insured insureds thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Required Purchasers may reasonably agreed request, except that (A) in the case of zoning endorsements, if any, no additional premiums will be required in excess of $2,000 per property and (B) those exceptions taken on account of the delayed delivery of surveys to by the Collateral Agent Title Insurance Company, which surveys shall be delivered pursuant to Section 7.11(b) hereof and which exceptions shall be removed from the Parent Borrower; and applicable policies pursuant to Section 7.11(c) hereof, (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent Required Purchasers (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral AgentRequired Purchasers) and (vii) be issued at ordinary rates (other than with respect to affirmative insurance). The Collateral Agent Co-Agents shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Agent Co-Agents shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Agent Required Purchasers may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral AgentRequired Purchasers.

Title Insurance Policy. The Collateral Administrative Agent shall have received in respect of each of the Mortgaged Properties an irrevocable written commitment to issue (other than the real properties owned by the Borrower located in LeSuxxx, Xxnnesota and Burnsville, Minnesota) a mortgagee’s 's title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Effective Date. Each such policy shall (i) be in an amount reasonably satisfactory to the amount set forth with respect to such policy on Schedule 6.1(j)Administrative Agent; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 subsection 8.3 and such as may be approved by the Collateral Administrative Agent; (iii) name the Collateral Administrative Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage as the Administrative Agent may reasonably agreed to by request; provided that, in the Collateral Agent and the Parent Borrower; and case of zoning endorsements, if any, no additional premiums will be required in excess of $2,000 per property, (vi) be issued by First American Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Administrative Agent (with including any other reasonably satisfactory such title companies acting as co-insurers or reinsurers, at the option of the Collateral Administrative Agent) and (vii) be issued at ordinary rates (other than with respect to affirmative insurance). The Collateral Administrative Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been madepaid. The Collateral Administrative Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(j) subsection and a copy, certified by such parties as the Collateral Administrative Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Administrative Agent.

Title Insurance Policy. The Collateral Agent shall have received in respect of each of the Mortgaged Fee Properties an irrevocable written commitment to issue a mortgagee’s title policy (or policies) or marked up unconditional binder for such insurance dated the Closing Date. Each such policy shall (i) be in the amount set forth with respect to such policy on in Part I of Schedule 6.1(j6.1(k), but in no event greater than 110% of the higher of appraised and tax value of each Mortgaged Fee Property; (ii) insure that the Mortgage insured thereby creates a valid first Lien on the Mortgaged Property Fee Properties encumbered thereby free and clear of all defects and encumbrances, except those permitted by Sections 7.9 and 8.2 subsection 7.10 and such as may be approved by the Collateral Agent, and except for Permitted Liens; (iii) name the Collateral Agent for the benefit of the Lenders as the insured thereunder; (iv) be in the form of an ALTA Loan Policy; (v) contain such endorsements and affirmative coverage coverage, as reasonably agreed to by the Collateral Agent and the Parent Borrower, as were contained in the ALTA Loan Policy listed with respect to such policy in Part II of Schedule 6.1(k); and (vi) be issued by First American Xxxxxxx Title Insurance Company or any other title companies reasonably satisfactory to the Collateral Agent (with any other reasonably satisfactory title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, and all charges for mortgage recording tax, if any, have been paid or other reasonably satisfactory arrangements have been made. The Collateral Agent shall have also received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in this Section 6.1(jsubsection 6.1(k) and a copy, certified by such parties as the Collateral Agent may deem reasonably appropriate, of all other documents affecting the property covered by each Mortgage as shall have been reasonably requested by the Collateral Agent.