Common use of Title to Mortgaged Property and Lien of this Instrument Clause in Contracts

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Appears in 9 contracts

Samples: Mortgage, Security Agreement (Titan International Inc), Credit Agreement (Five Star Senior Living Inc.), Mortgage, Security Agreement (Titan International Inc)

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Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted LiensEncumbrances. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Appears in 6 contracts

Samples: Credit Agreement (FTD Group, Inc.), Security Agreement (FTD Group, Inc.), Sandhills Inc

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liensHens, claims or interests, except the Permitted Encumbrances and the other Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates a valid, enforceable first priority liens lien and security interests interest against the Mortgaged Property, except for the Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Auto Disposal of Memphis, Inc.), Credit Agreement (Carbuyco, LLC), Security Agreement (IAA Acquisition Corp.)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted LiensEncumbrances. This Mortgage creates a valid, enforceable first priority liens First Priority Lien and security interests interest against the Mortgaged Property.

Appears in 3 contracts

Samples: Credit Agreement (United Online Inc), Credit Agreement (Ruths Hospitality Group, Inc.), Security Agreement (United Online Inc)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liensthis Mortgage. This Mortgage creates a valid, enforceable first priority liens lien and security interests interest against the Mortgaged Property, subject only to the Permitted Encumbrances.

Appears in 2 contracts

Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Appears in 1 contract

Samples: Credit Agreement (Dresser Inc)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted LiensEncumbrances. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property. Mortgagor warrants that Mortgagor has good, marketable and insurable title to the Mortgaged Property and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (NorthStar Healthcare Income, Inc.)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, interests except for Permitted Liens (as defined in the Permitted Encumbrances and the Permitted LiensCredit Agreement). This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property, subject only to the Permitted Liens.

Appears in 1 contract

Samples: Security Agreement (Pantry Inc)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property, subject to Permitted Encumbrances and Permitted Liens.

Appears in 1 contract

Samples: Security Agreement (Polyone Corp)

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Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property and leases the Mortgaged Property subject to the Mortgaged Lease (as hereinafter defined), free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Appears in 1 contract

Samples: Intercreditor Agreement (AbitibiBowater Inc.)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property (to the fullest extent that such lien or security interest may be created in such type of Mortgaged Property).

Appears in 1 contract

Samples: Credit Agreement (Hersha Hospitality Trust)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except interests other than Permitted Liens (as defined in the Permitted Encumbrances and the Permitted LiensCredit Agreement). This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property, subject only to the Permitted Liens.

Appears in 1 contract

Samples: Pantry Inc

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted LiensEncumbrances. This Mortgage creates a valid, enforceable first priority liens lien and security interests interest against the Mortgaged Property, except for the Permitted Encumbrances.

Appears in 1 contract

Samples: Credit Agreement (KAR Auction Services, Inc.)

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interestsLiens, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first second priority liens and security interests against the Mortgaged Property, except for Permitted Encumbrances and Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Tempur Sealy International, Inc.)

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