Title to the Mortgaged Property. Borrower owns good, marketable and insurable fee simple title to each Mortgaged Property (other than Personalty), free and clear of all Liens, other than the Permitted Encumbrances. Borrower owns the Personalty free and clear of any and all Liens, other than Permitted Encumbrances. There are no outstanding options to purchase or rights of first refusal or restrictions on transferability affecting any Mortgaged Property or any portion thereof or interest therein.
Title to the Mortgaged Property. (a) Borrower has fee simple title (or such lesser estate therein as may be specified in Schedule A) to the Premises and good indefeasible title to the balance of the Mortgaged Property, free and clear of liens and encumbrances except Permitted Encumbrances.
Title to the Mortgaged Property. Borrower shall warrant and defend (a) Senior Borrower’s and the Operating Company Entity’s title to the Mortgaged Property and every part thereof, subject only to Liens permitted hereunder (including Senior Permitted Encumbrances) and (b) the validity and priority of the Liens of the applicable Senior Security Instrument under the Senior Credit Agreement on the Mortgaged Property, subject only to Liens permitted hereunder (including Senior Permitted Encumbrances), in each case against the claims of all Persons whomsoever.
Title to the Mortgaged Property. Borrower has, or simultaneously with the consummation of the Loan will have, good and insurable, and to the best knowledge of the Borrower, marketable fee simple title to the Mortgaged Property. The Mortgaged Property shall not be subject to any lien, charge, or encumbrance except the Permitted Encumbrances (defined in the Mortgage) and such liens that Borrower may have bonded or be contesting in accordance with the provisions of the Mortgage.
Title to the Mortgaged Property. The Mortgagor represents and warrants that: (a) it has good and marketable fee simple title to the Mortgaged Property, free and clear of any Liens and encumbrances, other than the Permitted Encumbrances related thereto, and is lawfully seized and possessed of the Mortgaged Property; (b) this Mortgage is a valid first priority Lien upon the Mortgaged Property (subject to the Permitted Encumbrances related thereto); (c) it has full corporate (or other organizational) power and authority to encumber the Mortgaged Property in the manner set forth herein; and (d) except as otherwise permitted by law, there are no defenses or offsets to this Mortgage or to the Obligations which it secures. The Mortgagor shall preserve such title and the validity and priority of this Mortgage and shall, until payment and performance in full of the Obligations in accordance with the provisions of the Credit Agreement, warrant and defend the same to the Mortgagee and the Mortgagee’s successors and assigns against the claims of all Persons and parties whatsoever. The Mortgagor shall take no action nor shall it fail to take any action which could result in an impairment of the Lien of this Mortgage or which could form the basis for any Person(s) to claim an interest in the Mortgaged Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription) other than Leases and Permitted Encumbrances related thereto permitted under the Credit Agreement. If any Lien (other than a Permitted Encumbrance related to the Mortgaged Property) is asserted against the Mortgaged Property, the Mortgagor shall promptly upon obtaining knowledge thereof, at its expense pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the lien of this Mortgage is not compromised, contest the same in accordance with the provisions of the Credit Agreement. From and after the occurrence and during the continuance of an Event of Default, the Mortgagee may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the Mortgagor.
Title to the Mortgaged Property. The Mortgagor warrants that: (a) the Mortgagor has fee simple title to the premises described in Schedule A and good indefeasible title to the balance of the Mortgaged Property, free and clear of liens and encumbrances, except those exceptions to title set forth in the policy of title insurance insuring the lien of this Mortgage; (b) it has full power and lawful authority to encumber the Mortgaged Property in the manner and form herein set forth; (c) it owns or will own all the Collateral now or hereafter affixed to and/or used in connection with, the Premises, including any substitutions or replacements thereof, free and clear of liens and claims; (d) this Mortgage is and will remain a valid and enforceable first lien on the Mortgaged Property; (e) it will preserve such title and will forever WARRANT AND DEFEND the same to the Mortgagee and will forever WARRANT AND DEFEND the validity and priority of the lien hereof against the claims of all persons and parties whomsoever; and (f) that this covenant shall not be extinguished by any foreclosure hereof but shall run with the Premises.
Title to the Mortgaged Property. Each of the Mortgaged Property Owners shall warrant and defend (a) its title to the Mortgaged Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the applicable Security Instrument, Assignment of Leases and this Agreement on the Mortgaged Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. The Borrower shall reimburse the Administrative Agent for any losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by the Administrative Agent if an interest in the Mortgaged Property, other than as permitted hereunder, is claimed by another Person.
Title to the Mortgaged Property. Borrower will warrant and defend ------------------------------- against the claims of all Persons whomsoever (i) the title to the Mortgaged Property and every part thereof and (ii) the validity and priority of the Lien of the Mortgage, subject only in each case to Liens permitted under the Loan Documents (including Permitted Encumbrances).
Title to the Mortgaged Property. Mortgagor warrants that: (i) it has title to the Mortgaged Property in fee simple subject only to the Permitted Encumbrances; (ii) it has full power and lawful authority to encumber the Mortgaged Property in the manner and form herein set forth; (iii) it owns or will own all Improvements, except for any tenant trade fixtures owned by any Tenant under the Leases; (iv) this Mortgage creates a valid and enforceable security title, security interest, and Lien on the Mortgaged Property; and (v) it will preserve such title, and will forever warrant and defend the same to Mortgagee and will forever warrant and defend the validity and priority of the Lien hereof against the claims of all persons and parties whomsoever subject to the Permitted Encumbrances.
Title to the Mortgaged Property. The Borrower has good and marketable, equitable and beneficial title to the Mortgaged Property, subject to no lien, charge, or encumbrance except such as are listed as unomitted exceptions to title or exclusions from coverage in the title insurance policy being issued by Commonwealth Title Insurance Company (the “Title Company”) to the Bank concurrently with the recording of the Mortgages.
