Common use of Covenants of Title Clause in Contracts

Covenants of Title. Mortgagor has good, clear record and marketable title to the entire Real Property in fee simple; has absolute unencumbered title to the Personal Property; and has good right and full power to sell, mortgage and convey the same; the Security is free and clear of easements, restrictions, liens, leases and encumbrances, in each case except those easements, restrictions, liens, leases and encumbrances listed on Schedule B of the policy or policies of title insurance delivered to Mortgagee as of the recordation of this Mortgage (the “Permitted Encumbrances”), to which this Mortgage is expressly subject, or which may hereafter be created in accordance with the terms hereof; and Mortgagor will warrant and defend title to the Security against all claims and demands whatsoever except the Permitted Encumbrances. Mortgagee shall have the right, at its option and at such time or times as it, in its sole discretion, shall deem necessary, to take whatever action it may deem necessary to defend or uphold the lien of this Mortgage and, subject to the notice and cure rights set forth herein and in the other Loan Documents, to enforce any of the rights of Mortgagee hereunder or any obligation secured hereby, including without limitation, the right to institute appropriate legal proceedings for such purposes.

Covenants of Title. Mortgagor Borrower has good, clear record good and marketable indefeasible leasehold title to the entire Real Property in fee simple; Land, has absolute unencumbered title to the Improvements, the Personal Property; Property (other than the Leased Personalty) and the Personalty Leases, and has good right and full power to sell, mortgage and convey the same; the Security is free and clear of easements, restrictions, liens, leases and encumbrances, in each case except those easements, restrictions, liens, leases and encumbrances listed on Schedule B of the policy or policies of title insurance delivered to Mortgagee Beneficiary as of the recordation of this Mortgage Deed of Trust (the “Permitted Encumbrances”), to which this Mortgage Deed of Trust is expressly subject, or which may hereafter be created in accordance with the terms hereof; and Mortgagor Borrower will warrant and defend title to the Security against all claims and demands whatsoever except the Permitted Encumbrances. Mortgagee Beneficiary shall have the right, at its option and at such time or times as it, in its sole discretion, shall deem necessary, to take whatever action it may deem necessary to defend or uphold the lien of this Mortgage and, subject to the notice and cure rights set forth herein and in the other Loan Documents, to Deed of Trust or otherwise enforce any of the rights of Mortgagee Beneficiary hereunder or any obligation secured hereby, including without limitation, the right to institute appropriate legal proceedings for such purposes.

Covenants of Title. Mortgagor Borrower has good, clear record good and marketable indefeasible fee simple title to the entire Real Property in fee simple; Land and the Air Rights, has absolute unencumbered title to the Improvements, the Personal Property; Property (other than the Leased Personalty) and the Personalty Leases, and has good right and full power to sell, mortgage and convey the same; the Security is free and clear of easements, restrictions, liens, leases and encumbrances, in each case except those easements, restrictions, liens, leases and encumbrances listed on Schedule B of the policy or policies of title insurance delivered to Mortgagee as of the recordation of this Mortgage (the “Permitted Encumbrances”), to which this Mortgage is expressly subject, or which may hereafter be created in accordance with the terms hereof; and Mortgagor Borrower will warrant and defend title to the Security against all claims and demands whatsoever except the Permitted Encumbrances. Mortgagee shall have the right, at its option and at such time or times as it, in its sole discretion, shall deem necessary, to take whatever action it may deem necessary to defend or uphold the lien of this Mortgage and, subject to the notice and cure rights set forth herein and in the other Loan Documents, to or otherwise enforce any of the rights of Mortgagee hereunder or any obligation secured hereby, including without limitation, the right to institute appropriate legal proceedings for such purposes.

Covenants of Title. Mortgagor Borrower has good, clear record good and marketable indefeasible fee simple title to the entire Real Property in fee simple; Land, has absolute unencumbered title to the Improvements, the Personal Property; Property (other than the Leased Personalty) and the Personalty Leases, and has good right and full power to sell, mortgage and convey the same; the Security is free and clear of easements, restrictions, liens, leases and encumbrances, in each case except those easements, restrictions, liens, leases and encumbrances listed on Schedule B of the policy or policies of title insurance delivered to Mortgagee Beneficiary as of the recordation of this Mortgage Deed of Trust (the “Permitted Encumbrances”), to which this Mortgage Deed of Trust is expressly subject, or which may hereafter be created in accordance with the terms hereof; and Mortgagor Borrower will warrant and defend title to the Security against all claims and demands whatsoever except the Permitted Encumbrances. Mortgagee Beneficiary shall have the right, at its option and at such time or times as it, in its sole discretion, shall deem necessary, to take whatever action it may deem necessary to defend or uphold the lien of this Mortgage and, subject to the notice and cure rights set forth herein and in the other Loan Documents, to Deed of Trust or otherwise enforce any of the rights of Mortgagee Beneficiary hereunder or any obligation secured hereby, including without limitation, the right to institute appropriate legal proceedings for such purposes.