Title to Premises. The Borrower is seized of the Land and Improvements (and any fixtures) in fee, or is the owner of a leasehold interest in the Land and Improvements (and any fixtures) pursuant to a Ground Lease, and has marketable title to any appurtenant easements and has the right to convey the same, that title to such property is free and clear of all encumbrances except for the Permitted Encumbrances, and that it will warrant and defend the title to such property (except for the Permitted Encumbrances) against the claims of all Persons. As to the balance of the Premises, the Rents and Profits and the Intangible Personalty, the Borrower represents and warrants that it has marketable title to such property, that it has the right to convey such property and that it will warrant and defend such property against the claims of all persons or parties.
Title to Premises. Lessor covenants, represents and warrants that Lessor has full right and lawful authority to enter into this Lease for the term hereof, is lawfully seized of the Premises and has good and marketable title thereto, free and clear of all liens and encumbrances except those listed on Schedule A, Part II (the "Permitted Encumbrances").
Title to Premises. At Closing, Seller shall convey to Buyer, by special warranty deed, good and marketable title of record in fee simple to the Premises. All costs related to closing shall be paid by Buyer. Such costs shall be deemed to include real property taxes, real estate transfer taxes, sewer charges and other municipal and local taxes, assessments and levies upon the property which are required by the title company or Buyer's lender to be paid. The Buyer shall be required to accept at closing those restrictions of record that may appear on the title report to be issued by Continental Title Insurance Company, 0000 Xxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, XX 00000 (Required Encumbrances). Buyer further agrees that it will execute the easements, attached hereto as Exhibits B and C, relating to the private road system in the industrial center in which building #31 and this premises are situated. Buyer acknowledges that the documents will be recorded along with the deed. The Seller represents and warrants to the Buyer that it presently has marketable title in fee simple to the premises subject only to those exceptions listed in the title report, to be provided. The Seller further warrants that it will not cause or permit any adverse changes in its title to the premises at any time prior to the Closing of Title. If the title report requires actions or payments by the Seller in order to preserve Seller's title, the Seller will promptly make all of said payments and will promptly perform all of said acts without permitting any default. If at the Closing Date there may be any mortgages, liens or encumbrances which Seller is obligated to pay and discharge, Seller may use all or any portion of the Purchase Price payable at the Closing to satisfy the same, provided (i) Seller shall simultaneously deliver instruments in recordable form and sufficient to satisfy such mortgages, liens and encumbrances of record together with the cost of recording or filing said instruments which the title company employed by Buyer shall approve in order to omit such mortgages, liens and encumbrances from Buyer's title insurance commitment; or (ii) Seller shall have made arrangements with the title company employed by Buyer in advance of Closing, which are acceptable to and required by it, to insure the obtaining and recording of such satisfactions and the issuance of title insurance to Buyer free of any such liens and encumbrances.
Title to Premises. The Parties acknowledge that title to the Premises is held by District. Facility User shall made no structural modifications to the Premises or other District property or make any improvements to the Premises or other District property without prior written consent from the District.
Title to Premises. Title to EVBOM is held by Tempe exclusively.
Title to Premises. Seller shall convey, and Purchaser shall accept, title to and possession of the Premises on the Closing Date, free of all Title Exceptions other than the Permitted Exceptions (each as hereinafter defined).
Title to Premises. Landlord holds good and marketable fee or leasehold title, as applicable, to the Premises, subject to the Permitted Exceptions.
Title to Premises. The Contractor, or its affiliate ("Premises Owner"), holds fee simple title to the Premises described in Exhibit "A" subject to the Existing Encumbrances (as hereinafter defined). Exhibit "A" and each of the other Exhibits referred to in this Agreement shall be incorporated into this Agreement by such reference as if fully set forth in this Agreement. At the Closing, upon the satisfaction of the contingencies set forth in Article VI and elsewhere in this Agreement, the Contractor shall convey or cause the Premises Owner to convey fee simple title to the Premises, reasonably satisfactory to the Owner and Owner's Lender ("Lender"), to the Owner subject to the Existing Encumbrances, the physical conditions with respect to utilities, rights of way, easements, landscaping and improvements which are disclosed by the survey of the Premises, a copy of which is attached hereto as Exhibit "B" ("Survey"), as such conditions may change during the course of construction as permitted or contemplated by this Agreement and the Final Plans (as defined herein). Owner acknowledges that it has reviewed, inspected and approved the location and general characteristics of the Premises.
Title to Premises. The Grantor represents and warrants to the Lender that (i) it is the fee simple owner of that tract or parcel of land and other real property interests more particularly described in Exhibit A attached hereto and is the owner of the balance of the Premises and has the right to convey the same, (ii) that as of the date hereof title to the Premises is free and clear of all encumbrances except for the matters set forth in Exhibit B attached hereto and made a part hereof and such other matters as are expressly permitted by the Loan Agreement (collectively, the “Permitted Encumbrances”). The Grantor shall warrant and defend the title to the Premises except for the Permitted Encumbrances against the claims of all Persons.
Title to Premises. Upon execution and delivery of this Lease, Landlord will have good, marketable and insurable title to the Premises, and will not be indebted to any contractor, laborer, mechanic, material man or any other person or entity for work, labor, materials or services in connection with the Premises for which any such person or entity could claim a lien against the Premises.
