Common use of Warranties, Representations and Covenants of Trustor Clause in Contracts

Warranties, Representations and Covenants of Trustor. Trustor hereby warrants, represents and covenants as follows: Trustor is, and as to portions of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever except for the Permitted Encumbrances defined in the Lease and except for the security interest granted hereby. Trustor will notify Beneficiary of, will defend the Personal Property against, all claims and demands of all persons at any time claiming the same or any interest therein. Trustor will not sell the Personal Property without the prior written consent of Beneficiary unless said personal property is promptly replaced by personal property of like quality and value. The Personal Property is not used or bought for personal, family or household purposes. The Personal Property (with the exception of funds held by Beneficiary) will be kept on or at the Project and, except as otherwise provided in the Lease, Trustor will not remove the Personal Property from the Project without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Trustor. Trustor maintains a place of business if the State of Utah and Trustor will immediately notify Beneficiary in writing of any change in its place of business as set forth in the beginning of this Deed of Trust. At the request of Beneficiary, Trustor will join Beneficiary in executing one or more financing statements, continuation statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Utah in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. All covenants and obligations of Trustor contained herein relating to the Trust Estate shall be deemed to apply to the Personal Property whether or not expressly referred to herein.

Warranties, Representations and Covenants of Trustor. Trustor hereby warrants, represents and covenants as follows: : (a) Except for the security interest granted hereby, Trustor is, and as to portions of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims claim thereon of any kind whatsoever except for the Permitted Encumbrances defined in the Lease and except for the security interest granted herebywhatsoever. Trustor will shall notify Beneficiary of, will and shall indemnify and defend Beneficiary and the Personal Property against, all claims and demands of all persons at any time claiming the same Personal Property or any part thereof or any interest therein. . (b) Trustor will shall not sell lease, sell, convey or in any manner transfer the Personal Property without the prior written consent of Beneficiary unless said personal property is promptly replaced by personal property of like quality and value. Beneficiary. (c) The Personal Property is not, and shall not be, used or bought for personal, family or household purposes. . (d) The Personal Property (with the exception of funds held by Beneficiary) will shall be kept on or at the Project and, except as otherwise provided in the Lease, Property and Trustor will shall not remove the Personal Property from the Project Property without the prior written consent of Beneficiary, except for such portions or items of Personal Property which as are consumed or worn out in ordinary usage, all of which Trustor shall be promptly replaced by Trustor. replace with new items of equal or better quality. (e) Trustor maintains a place of business if in the State of Utah Colorado at the address set forth in this Deed of Trust and Trustor will shall immediately notify Beneficiary in writing of any change in its place of business as set forth in the beginning of this Deed of Trust. business. (f) At the request of Beneficiary, Trustor will shall join Beneficiary in executing one or more financing statements, continuation statements and renewals continuations and amendments thereof pursuant to the Uniform Commercial Code of Utah Colorado in form satisfactory to Beneficiary, and will Trustor shall pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. . (g) All covenants and obligations agreements of Trustor contained herein in this Deed of Trust relating to the Trust Estate Mortgaged Property shall be deemed to apply to the Personal Property whether or not expressly referred to herein. (h) This Deed of Trust constitutes a security agreement as that term is used in the Uniform Commercial Code of Colorado. This Deed of Trust is also a financing statement (fixture filing), covers goods that are or are to become fixtures, and is to be recorded in the real estate records. Trustor is the record owner of the Property. For purposes of the fixture filing, Trustor is the Debtor and Beneficiary is the Secured Party. Trustor's Federal Tax Identification Number is 80-0000000.

Warranties, Representations and Covenants of Trustor. Trustor hereby warrants, represents and covenants as follows: Trustor is, and as to portions of the Personal Property to be acquired after the date hereof will be, the sole owner Owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever except for the Permitted Encumbrances defined in the Master Lease and except for the security interest granted hereby. Trustor will notify Beneficiary of, and will defend the Personal Property against, all claims and demands of all persons at any time claiming the same or any interest therein. Trustor will not sell the Personal Property without the prior written consent of Beneficiary unless said personal property is promptly replaced by personal property of like quality and value. The Personal Property is not used or bought for personal, family or household purposes. The Personal Property (with the exception of funds held by Beneficiary) will be kept on or at the Project and, except as otherwise provided in the Master Lease, Trustor will not remove the Personal Property from the Project without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Trustor. Trustor maintains a place of business if in the State of Utah and Trustor will immediately notify Beneficiary in writing of any change in its place of business as set forth in the beginning of this Deed of Trust. At the request of Beneficiary, Trustor will join Beneficiary in executing one or more financing statements, continuation statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Utah in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. All covenants and obligations of Trustor contained herein relating to the Trust Estate shall be deemed to apply to the Personal Property whether or not expressly referred to herein.

Warranties, Representations and Covenants of Trustor. Trustor hereby warrants, represents and covenants as follows: Trustor is, and as to portions of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever except for the Permitted Encumbrances defined in the Lease and except for the security interest granted hereby. Trustor will notify Beneficiary of, and will defend the Personal Property against, all claims and demands of all persons at any time claiming the same or any interest therein. Trustor will not sell the Personal Property without the prior written consent of Beneficiary unless said personal property is promptly replaced by personal property of like quality and value. The Personal Property is not used or bought for personal, family or household purposes. The Personal Property (with the exception of funds held by Beneficiary) will be kept on or at the Project Property and, except as otherwise provided in the Lease, Trustor will not remove the Personal Property from the Project Property without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Trustor. Trustor maintains a place of business if in the State of Utah and Trustor will immediately notify Beneficiary in writing of any change in its place of business as set forth in the beginning of this Deed of Trust. At the request of Beneficiary, Trustor will join Beneficiary in executing one or more financing statements, continuation statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Utah in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. All covenants and obligations of Trustor contained herein relating to the Trust Estate shall be deemed to apply to the Personal Property whether or not expressly referred to herein.

Warranties, Representations and Covenants of Trustor. Trustor hereby warrants, represents and covenants as follows: Trustor is, and as to portions of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever except for the Permitted Encumbrances defined in the Master Lease and except for the security interest granted hereby. Trustor will notify Beneficiary of, and will defend the Personal Property against, all claims and demands of all persons at any time claiming the same or any interest therein. Trustor will not sell the Personal Property without the prior written consent of Beneficiary unless said personal property is promptly replaced by personal property of like quality and value. The Personal Property is not used or bought for personal, family or household purposes. The Personal Property (with the exception of funds held by Beneficiary) will be kept on or at the Project and, except as otherwise provided in the Master Lease, Trustor will not remove the Personal Property from the Project without the prior written consent of Beneficiary, except such portions or items of Personal Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Trustor. Trustor maintains a place of business if in the State of Utah and Trustor will immediately notify Beneficiary in writing of any change in its place of business as set forth in the beginning of this Deed of Trust. At the request of Beneficiary, Trustor will join Beneficiary in executing one or more financing statements, continuation statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Utah in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. All covenants and obligations of Trustor contained herein relating to the Trust Estate shall be deemed to apply to the Personal Property whether or not expressly referred to herein.