Title to Property and Lien. Owner is a , organized, existing and in good standing under the laws of the State of Tennessee or a foreign , duly authorized to do business and in good standing under the laws of the State of Tennessee; that it has full power and is duly authorized to execute and deliver the Note, the TCAP Loan Agreement, this Deed of Trust, and all other documentation executed or to be executed in connection with the receipt of Assistance Funds; and that all action on its part necessary for the valid execution and delivery of the Note, the TCAP Loan Agreement, this Deed of Trust and all other documentation executed or to be executed in connection with the receipt of Assistance Funds and for performance by Owner thereunder has been duly and effectively taken. Owner is the lawful owner and is now lawfully seized and possessed of a good and indefeasible title and estate in fee simple to the Real Property, free and clear of all liens, charges or encumbrances whatever, including liens of general and special taxes and assessments, excepting taxes for the current year which are not yet due, the permitted encumbrances listed on Exhibit B to the TCAP Loan Agreement, and the lien of this Deed of Trust. Owner further represents that it will forever warrant and defend the title to the Property and every part thereof unto Trustee and Trustee’s successors and assigns against the claims and demands of all persons whomsoever.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement
Title to Property and Lien. Owner is a , organized, existing and in good standing under the laws of the State of Tennessee or a foreign , duly authorized to do business and in good standing under the laws of the State of Tennessee; that it has full power and is duly authorized to execute and deliver the Note, the TCAP Section 1602 Loan Agreement, this Deed of Trust, and all other documentation executed or to be executed in connection with the receipt of Assistance Funds; and that all action on its part necessary for the valid execution and delivery of the Note, the TCAP Section 1602 Loan Agreement, this Deed of Trust and all other documentation executed or to be executed in connection with the receipt of Assistance Funds and for performance by Owner thereunder has been duly and effectively taken. Owner is the lawful owner and is now lawfully seized and possessed of a good and indefeasible title and estate in fee simple to the Real Property, free and clear of all liens, charges or encumbrances whatever, including liens of general and special taxes and assessments, excepting taxes for the current year which are not yet due, the permitted encumbrances listed on Exhibit B to the TCAP Section 1602 Loan Agreement, and the lien of this Deed of Trust. Owner further represents that it will forever warrant and defend the title to the Property and every part thereof unto Trustee and Trustee’s successors and assigns against the claims and demands of all persons whomsoever.
Appears in 1 contract
Samples: Loan Agreement
Title to Property and Lien. Owner is a , organized, existing and in good standing under the laws of the State of Tennessee or a foreign , duly authorized to do business and in good standing under the laws of the State of Tennessee; that it has full power and is duly authorized to execute and deliver the Note, the TCAP Section 1602 Loan Agreement, this Deed of Trust, and all other documentation executed or to be executed in connection with the receipt of Assistance Funds; and that all action on its part necessary for the valid execution and delivery of the Note, the TCAP Section 1602 Loan Agreement, this Deed of Trust and all other documentation executed or to be executed in connection with the receipt of Assistance Funds and for performance by Owner thereunder has been duly and effectively taken. Owner is the lawful owner and is now lawfully seized and possessed of a good and indefeasible title and estate in fee simple to the Real Property, free and clear of all liens, charges or encumbrances whatever, including liens of general and special taxes and assessments, excepting taxes for the current year which are not yet due, the permitted encumbrances listed on Exhibit B to the TCAP Section 1602 Loan Agreement, and the lien of this Deed of Trust. Owner further represents that it will forever warrant and defend the title to the Property and every part thereof unto Trustee and TrusteeXxxxxxx’s successors and assigns against the claims and demands of all persons whomsoever.
Appears in 1 contract
Samples: Loan Agreement