Common use of Title to Properties; Absence of Liens Clause in Contracts

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Lender and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the BankLender.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets assets, including the Collateral (as defined herein) to the extent owned by Borrower, are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those mortgages, deeds of trust, leases of personal property other than the security interest therein granted to Lender hereby and the encumbrances and security interests previously specifically consented to in writing by the Bankinterest as set forth on Schedule 3.4 hereto, if any (“Permitted Liens”).

Title to Properties; Absence of Liens. Borrower has rights in or the power to transfer the Collateral and it has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Title to Properties; Absence of Liens. Borrower and each Guarantor has good and clear record and marketable title to all of its respective properties and assets, and all of its properties and assets Portfolio Properties, as well as any other property held by Borrower, are free and clear of all mortgagesLiens, liens, pledges, charges, encumbrances other than the security interest granted to the Collateral Agent or Lenders under the Loan Documents or under any other agreement between Borrower and setoffs, except those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bankany Lender or as otherwise permitted under Section 6.2.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those (a) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 2.2, if any, and (b) the leases of personal property and security interests previously specifically consented to in writing by the Bankas set forth on Schedule 2.2, if any.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are assets, including the Collateral, is free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those (a) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 2.4, if any, and (b) the leases of personal property and security interests previously specifically consented to in writing by the Bankas set forth on Schedule 2.4, if any.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank hereby and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to disclosed in writing by the BankSchedule B attached hereto.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Bank and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the Bank, including those liens referred to on Exhibit 3.5 attached hereto and made a part hereof (collectively, the “Permitted Liens”).

Title to Properties; Absence of Liens. Borrower has good and clear record record, equitable and marketable title to all of its properties and assets, and including without limitation to all of its properties and assets are the Collateral, free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those other than (a) the security interest therein granted to Bank, (b) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 3.4, if any, (c) the leases of personal property as set forth on Schedule 3.4, if any, and security interests previously specifically consented to in writing by the Bank(d) any other Permitted Liens.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those (a) the mortgages, deeds of trusttrust and security interests held by the Lender, and (b) the leases of personal property and security interests previously specifically consented disclosed to in writing by the BankLender, if any.

Title to Properties; Absence of Liens. Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except those other than the security interest therein granted to the Lender hereby and (a) the mortgages, deeds of trusttrust and security interests as set forth on Schedule 3.4, if any, and (b) the leases of personal property and security interests previously specifically consented to in writing by the Bankas set forth on Schedule 3.4, if any (“Permitted Liens”).

Title to Properties; Absence of Liens. Except as shown in Schedule 1, Borrower has good and clear record and marketable title to all of its properties and assets, and all of its properties and assets including the Collateral are free and clear of all mortgages, liens, pledges, charges, encumbrances and setoffs, except other than the security interest therein granted to the Lender and those mortgages, deeds of trust, leases of personal property and security interests previously specifically consented to in writing by the BankLender.