Common use of Title to the Properties Clause in Contracts

Title to the Properties. Borrower will warrant and defend (a) the title to the Properties and every part thereof, subject only to Permitted Encumbrances, and (b) the validity and priority of the Lien of the Security Instruments and the Assignments of Leases, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any 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.)

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Title to the Properties. Borrower will Borrowers shall warrant and defend (a) the their title to the Properties and every part thereof, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instruments and Mortgages, the Assignments of LeasesLeases and this Agreement on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower Borrowers 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 (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Title to the Properties. Borrower will warrant and defend (ai) the title to the Properties each Property and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), and (bii) the validity and priority of the Lien of the Security Instruments and the Assignments of Leaseseach Mortgage, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any 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 (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Title to the Properties. Borrower will warrant and defend (a) the title to the Properties each Individual Property and every part thereof, subject only to the Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instruments Mortgages and the Assignments of Leases, subject only to the Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, 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 (Capitalsource Inc)

Title to the Properties. Borrower will warrant and defend (a) the title to the Properties each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances, ) and (b) the validity and priority of the Lien Liens of the Security Instruments and Mortgages on the Assignments of LeasesProperties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) Losses 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 (Apartment Income REIT, L.P.)

Title to the Properties. Borrower will Borrowers shall warrant and defend (a) the their title to the Properties and every part thereof, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instruments and Mortgages, the Assignments of LeasesLeases and this Agreement on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower Borrowers shall reimburse Lender for any 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 1 contract

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

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Title to the Properties. Borrower will warrant and defend (ai) the title to the Properties and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), and (bii) the validity and priority of the Lien of the Security Instruments and the Assignments of LeasesMortgages, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any 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 1 contract

Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)

Title to the Properties. Borrower will warrant and defend (a) the title to the Properties each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances, ) and (b) the validity and priority of the Lien Liens of the Security Instruments and Mortgages on the Assignments of LeasesProperties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Xxxxxxxx shall reimburse Lender Administrative Agent and Xxxxxx for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) Losses incurred by Administrative Agent or 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 (Apartment Income REIT, L.P.)

Title to the Properties. Borrower will warrant and defend (a) the title to the Properties each Individual Property and every part thereof, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instruments Mortgages and the Assignments of LeasesLeases on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expenses, 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)

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