Common use of Title to the Properties Clause in Contracts

Title to the Properties. Borrowers shall warrant and defend (a) their title to the Properties and every part thereof, subject only to Permitted Encumbrances and (b) the validity and priority of the Liens of the Mortgages, the Assignments of Leases and this Agreement on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrowers shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

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Title to the Properties. Borrowers shall Borrower will warrant and defend (a) their the title to the Properties and every part thereof, subject only to Permitted Encumbrances Encumbrances, and (b) the validity and priority of the Liens Lien of the Mortgages, Security Instruments and the Assignments of Leases and this Agreement on the PropertiesLeases, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrowers Borrower shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Title to the Properties. Borrowers Borrower shall warrant and defend (a) their the title to the Properties each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances Encumbrances) and (b) the validity and priority of the Liens of the Mortgages, the Assignments of Leases and this Agreement Mortgages on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrowers Borrower shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender Xxxxxx if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (VICI Properties L.P.)

Title to the Properties. Borrowers shall Borrower will warrant and defend (a) their the title to the Properties each Individual Property and every part thereof, subject only to Permitted Encumbrances and (b) the validity and priority of the Liens of the Mortgages, Mortgages and the Assignments of Leases and this Agreement on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrowers Borrower shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Title to the Properties. Borrowers Borrower and Operating Lessee shall warrant and defend (a) their the title to the Properties each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances Encumbrances) and (b) the validity and priority of the Liens of the Mortgages, the Assignments of Leases and this Agreement Mortgages on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrowers Borrower shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

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Title to the Properties. Borrowers shall warrant and defend (a) their title to the Properties and every part thereof, subject only to Permitted Encumbrances and (b) the validity and priority of the Liens of the Mortgages, the Assignments of Leases and this Agreement on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrowers shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Title to the Properties. Borrowers shall Borrower will warrant and defend (a) their the title to the Properties Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances Encumbrances) and (b) the validity and priority of the Liens Lien of the Mortgages, the Assignments of Leases and this Agreement Mortgages on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrowers Borrower shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and court costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

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