Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by LENDER (the “First Mortgage Lender”) to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of xxxxx Dollars ($000,000.00) (the “First Mortgage Note”), and (2) the Property Restriction Agreement. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City’s interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term “First Mortgage Lender” shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note.
Trustor’s Estate. TRUSTOR represents and warrants that TRUSTOR is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Security, that other than this DEED OF TRUST, the SECURITY is encumbered only by: (i.) that DEED OF TRUST executed by TRUSTOR in connection with a loan made to TRUSTOR by Xxxxxx (the “First Lender”), securing a promissory note executed by TRUSTOR in favor of the First Lender (“First Lender Note”), to assist in the purchase of the PROPERTY (the “First Lender DEED OF TRUST”); and (ii.) the Resale Restriction Agreement. TRUSTOR agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements, or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the TOWN’s interest in the Security. (As used in this DEED OF TRUST, the term “First Lender” shall include all successors and assigns of the First Lender.)
Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Security, that other than this Deed of Trust, the Security is encumbered only by: (a) that deed of trust executed by Trustor in connection with a loan made to Trustor by
