Title to the Property. Borrower shall warrant and defend (a) its title to the 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 Security Instrument, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. To the extent not paid to Lender under Lender’s Title Policy, Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.
Appears in 4 contracts
Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)
Title to the Property. Borrower shall will warrant and defend (a) its the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Liens described in Section 5.2.2 and Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Security Instrument, Mortgage and the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Liens described in Section 5.2.2 and Permitted Encumbrances), in each case against the claims of all Persons whomsoever. To the extent not paid to Lender under Lender’s Title Policy, Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.
Appears in 3 contracts
Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
Title to the Property. Borrower shall warrant and defend (a) its title to the 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 Security Instrument, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. To the extent not paid to Lender under Lender’s 's Title Policy, Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ ' fees and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan and Security Agreement (American Financial Realty Trust)
Title to the Property. Borrower shall, and shall cause Operating Tenant to, warrant and defend (a) its the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (b) the validity and priority of the Liens Lien of the Security InstrumentMortgage, the Assignment of Leases Leases, and this Agreement on the PropertySecurity Assignment of Operating Lease, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. To the extent not paid to Lender under Lender’s Title Policy, Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (Eagle Hospitality Properties Trust, Inc.)
Title to the Property. Borrower shall will warrant and defend (a) its the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Security Instrument, Instrument and the Assignment of Leases and this Agreement on the PropertyLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. To Except to the extent not paid to Lender is actually reimbursed under Lender’s the Title Insurance Policy, Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and court costsexpenses) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract