Common use of TITLE TO AND RIGHT TO USE ASSETS Clause in Contracts

TITLE TO AND RIGHT TO USE ASSETS. Trustor has good and marketable fee simple title in the Land, and enjoys the peaceful and undisturbed possession of any Leased Land and is the legal and beneficial owner of the remainder of the Trust Estate (and as to the Trust Estate whether now existing or hereafter acquired, Trustor will continue to own each item thereof), free and clear of all Liens except Permitted Liens. Trustor has the right to hold, occupy and enjoy its interest in the Trust Estate subject to the terms of the Gaming Licenses and subject to the Permitted Liens, and has valid right, full power and legal authority, subject to Applicable Gaming Laws, to mortgage and pledge the same as provided herein, and Trustor shall defend the Trust Estate against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to Beneficiary (except for Permitted Liens) and Beneficiary may, subject to Applicable Gaming Laws, at all times peaceably and quietly enter upon, hold, occupy and enjoy the entire Trust Estate in accordance with the terms hereof.

Appears in 2 contracts

Samples: Fitzgeralds Gaming Corp, Fitzgeralds Gaming Corp

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TITLE TO AND RIGHT TO USE ASSETS. Trustor has good and marketable fee simple title in the Land, and enjoys the peaceful and undisturbed possession of any Leased Land and is the legal and beneficial owner of the remainder of the Trust Estate (and as to the Trust Estate whether now existing or hereafter acquired, Trustor will continue to own each item thereofthereof except to the extent Trustor disposes of the same pursuant to the Indenture), free and clear of all Liens except Permitted Liens. Trustor has the right to hold, occupy and enjoy its interest in the Trust Estate subject to the terms of the Gaming Licenses and subject to the Permitted Liens, and has valid right, full power and legal authority, subject to Applicable Gaming Laws, to mortgage and pledge the same as provided herein, and Trustor shall defend the Trust Estate against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to Beneficiary Xxxxxxxxxxx (except for Permitted Liens) and Beneficiary may, subject to Applicable Gaming Laws, at all times peaceably and quietly enter upon, hold, occupy and enjoy the entire Trust Estate in accordance with the terms hereof.

Appears in 1 contract

Samples: Majestic Investor Capital Corp

TITLE TO AND RIGHT TO USE ASSETS. Each Trustor has good and marketable fee simple title in the Land, and enjoys the peaceful and undisturbed possession of any Leased Land and is are the legal and beneficial owner owners of the remainder of the Trust Estate (and as to the Trust Estate whether now existing or hereafter acquired, each Trustor will continue to own each item thereof), free and clear of all Liens except Permitted Liens. Each Trustor has the right to hold, occupy and enjoy its interest in the Trust Estate subject to the terms of the Gaming Licenses and subject to the Permitted Liens, and has valid right, full power and legal authority, subject to Applicable Gaming Laws, to mortgage and pledge the same as provided herein, and each Trustor shall defend the Trust Estate against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to Beneficiary (except for Permitted Liens) and Beneficiary may, subject to Applicable Gaming Laws, at all times peaceably and quietly enter upon, hold, occupy and enjoy the entire Trust Estate in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease Agreement (Oasis Interval Ownership, LLC)

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TITLE TO AND RIGHT TO USE ASSETS. Trustor has good and marketable fee simple title in the Land, and enjoys the peaceful and undisturbed possession of any Leased Land and is the legal and beneficial owner of the remainder of the Trust Estate (and as to the Trust Estate whether now existing or hereafter acquired, Trustor will continue to own each item thereof), free and clear of all Liens except Permitted Liens. Trustor has the right to hold, occupy and enjoy its interest in the Trust Estate subject to the terms of the Gaming Licenses and subject to the Permitted Liens, and has valid right, full power and legal authority, subject to Applicable Gaming Laws, to mortgage and pledge the same as provided herein, and Trustor shall defend the Trust Estate against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to Beneficiary Benexxxxxxx (except xxcept for Permitted Liens) and Beneficiary may, subject to Applicable Gaming Laws, at all times peaceably and quietly enter upon, hold, occupy and enjoy the entire Trust Estate in accordance with the terms hereof.

Appears in 1 contract

Samples: Fitzgeralds Gaming Corp

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