Common use of Covenants of Title Clause in Contracts

Covenants of Title. The Mortgagor has good and indefeasible title to the entire Mortgaged Premises in fee simple and with good right and full power to sell, mortgage and convey the same; the Mortgaged Premises are free and clear of easements, restrictions, liens, leases and encumbrances, except those easements, restrictions, liens, leases and encumbrances more particularly described in Schedule B, attached hereto, to which this Mortgage is expressly subject. The Mortgagor shall warrant and defend the Mortgaged Premises against all lawful claims and demands whatsoever. The 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 or otherwise enforce any of the rights of the Mortgagee hereunder or any obligation secured hereby, including, without limitation, the right to institute appropriate legal proceedings for such purposes. To keep the property in good order, condition, and repair and to permit Mortgagee to enter upon and inspect the same; to make all proper renewals, replacements and additions of and to the Property; not to permit or suffer any waste thereof; and not to tear down the improvements or permit them to be torn down, without written consent of the Mortgagee. To keep the property insured against loss or damage by fire and such other hazards, casualties and contingencies as may be required from time to time by Mortgagee, such insurance to be written through an agent or broker selected by Mortgagor in such form and in such companies as may be approved by Mortgagee, in amounts necessary to prevent the application of any co-insurance provisions of the applicable policies up to the full insurable value thereof within the terms of applicable policies but in no event an amount which is less than the aggregate principal balance of the Senior lien and the Loan, if any, outstanding from time to time; to cause a standard mortgagee clause satisfactory to Mortgagee to be attached to such policy or policies providing that all payments thereunder shall be made to the order of the holder of the Senior lien and the Mortgagee as their interests may appear, and, at the request of the Mortgagee, to deliver copies of such policy, policies or certificates thereof and all renewals thereof to Mortgagee at its place of business, or at such other place as it may designate in writing. Prior to the expiration date of each of said policies of insurance, Xxxxxxxxx will deliver to Mortgagee copies of renewal policy, policies or certificates thereof marked “premium paid” or accompanied by other evidence of payment satisfactory to Mortgagee. In the event any sum or sums of money are received by Mortgagee by reason of any such insurance as aforesaid, Mortgagee shall apply such monies so received to repair, restoration and replacement of the damaged or destroyed property. To comply promptly with all laws, ordinances and regulations affecting the Property or its use.

Covenants of Title. The Mortgagor has good and indefeasible title to the entire Mortgaged Premises Real Property in fee simple simple, has absolute title to the Personal Property (except as to personal property which is leased by Mortgagor, as to which Mortgagor shall have good title to the lessee's interest under the leases), and with has good right and full power to sell, mortgage and convey the same; the Mortgaged Premises are Security is free and clear of easements, restrictions, liens, leases and encumbrances, except those easements, restrictions, liens, leases and encumbrances more particularly described listed on Exhibit B hereto or which may hereafter be created in Schedule B, attached hereto, to which this Mortgage is expressly subject. The accordance with the terms hereof (the "Permitted Encumbrances"); and Mortgagor shall will warrant and defend title to the Mortgaged Premises Security against all lawful claims and demands whatsoeverwhatsoever except the Permitted Encumbrances. The Permitted Encumbrances also include leases and lease amendments hereafter entered into by Mortgagor in accordance with Section 22 hereof. Mortgagee shall have the right, at its option and at such time or times as it, in its sole discretion, it shall deem necessary, to take whatever action it may deem necessary to defend or uphold the lien of this Mortgage or otherwise enforce any of the rights of the Mortgagee hereunder or any obligation secured hereby, including, including without limitation, the right to institute appropriate legal proceedings for such purposes. To keep the property in good order, condition, and repair and to permit Mortgagee to enter upon and inspect the same; to make all proper renewals, replacements and additions of and to the Property; not to permit or suffer any waste thereof; and not to tear down the improvements or permit them to be torn down, without written consent of the Mortgagee. To keep the property insured against loss or damage by fire and such other hazards, casualties and contingencies as may be required from time to time by Mortgagee, such insurance to be written through an agent or broker selected by Mortgagor in such form and in such companies as may be approved by Mortgagee, in amounts necessary to prevent the application of any co-insurance provisions of the applicable policies up to the full insurable value thereof within the terms of applicable policies but in no event an amount which is less than the aggregate principal balance of the Senior lien and the Loan, if any, outstanding from time to time; to cause a standard mortgagee clause satisfactory to Mortgagee to be attached to such policy or policies providing that all payments thereunder shall be made to the order of the holder of the Senior lien and the Mortgagee as their interests may appear, and, at the request of the Mortgagee, to deliver copies of such policy, policies or certificates thereof and all renewals thereof to Mortgagee at its place of business, or at such other place as it may designate in writing. Prior to the expiration date of each of said policies of insurance, Xxxxxxxxx will deliver to Mortgagee copies of renewal policy, policies or certificates thereof marked “premium paid” or accompanied by other evidence of payment satisfactory to Mortgagee. In the event any sum or sums of money are received by Mortgagee by reason of any such insurance as aforesaid, Mortgagee shall apply such monies so received to repair, restoration and replacement of the damaged or destroyed property. To comply promptly with all laws, ordinances and regulations affecting the Property or its use.

Covenants of Title. The Mortgagor hereby warrants and represents that the Mortgagor has good good, marketable and indefeasible title to the entire Mortgaged Premises Real Property in fee simple simple, has absolute unencumbered title to the Personal Property, and with has good right and full power to assign, grant, bargain, sell, mortgage mortgage, transfer and convey the same; . The Mortgagor further warrants and represents that the Mortgaged Premises are Property is free and clear of agreements, covenants, easements, restrictions, liens, leases Leases and other encumbrances, except (i) those agreements, covenants, easements, restrictions, liens, leases liens and encumbrances more particularly described in Schedule B, attached hereto, to which this Mortgage is expressly subject. The , whether presently existing, as listed on EXHIBIT D attached hereto and incorporated herein by reference, or which may hereafter be created in accordance with the terms hereof or of the Loan Agreement and (ii) any Lease listed on EXHIBIT C (the matters described in the foregoing clauses (i) and (ii) are collectively referred to herein as the "Permitted Encumbrances"); and the Mortgagor shall warrant and defend title to the Mortgaged Premises Property against any and all lawful claims and demands of every kind and nature whatsoever. The Mortgagee shall have the right, at its option and at such time or times as it, the Mortgagee (in its sole and absolute discretion, ) shall deem necessary, necessary or desirable to take whatever action it the Mortgagee (in its sole and absolute discretion) may deem necessary or desirable to defend or uphold the lien of this Mortgage or otherwise enforce any of the rights of the Mortgagee hereunder or otherwise enforce any obligation secured hereby, including, without limitation, the right to institute appropriate legal proceedings for such purposes. To keep the property in good order, condition, and repair all costs and expenses reasonably incurred by the Mortgagee in connection therewith (including, without limitation, attorneys' fees and expenses and court costs) shall be a demand obligation of the Mortgagor to permit Mortgagee to enter upon and inspect the same; to make all proper renewalsMortgagee, replacements and additions of and to the Property; not extent permitted by applicable law, shall be added to permit or suffer any waste thereof; the Obligations and not to tear down shall be secured by the improvements or permit them to be torn down, without written consent lien of this Mortgage and the other Loan Documents as fully and effectively and with the same priority as every other obligation of the Mortgagee. To keep the property insured against loss or damage by fire Mortgagor secured hereby, and such other hazardsif not paid within ten (10) days after demand, casualties and contingencies as may be required from time to time by Mortgagee, such insurance to be written through an agent or broker selected by Mortgagor in such form and in such companies as may be approved by Mortgagee, in amounts necessary to prevent the application of any co-insurance provisions of the applicable policies up shall thereafter (to the full insurable value thereof within the terms of extent permitted by applicable policies but in no event an amount which is less than the aggregate principal balance of the Senior lien and the Loan, if any, outstanding from time to time; to cause a standard mortgagee clause satisfactory to Mortgagee to be attached to such policy or policies providing that all payments thereunder shall be made to the order of the holder of the Senior lien and the Mortgagee as their interests may appear, and, law) bear interest at the request of Advances Rate until the Mortgagee, to deliver copies of such policy, policies or certificates thereof and all renewals thereof to Mortgagee at its place of business, or at such other place as it may designate in writing. Prior to the expiration date of each of said policies of insurance, Xxxxxxxxx will deliver to Mortgagee copies of renewal policy, policies or certificates thereof marked “premium paid” or accompanied by other evidence of payment satisfactory to Mortgagee. In the event any sum or sums of money are received by Mortgagee by reason of any such insurance as aforesaid, Mortgagee shall apply such monies so received to repair, restoration and replacement of the damaged or destroyed property. To comply promptly with all laws, ordinances and regulations affecting the Property or its usepayment.

Covenants of Title. The Mortgagor Grantor hereby warrants and represents that the Grantor has good good, marketable and indefeasible title to the entire Mortgaged Premises Real Property in fee simple simple, has absolute unencumbered title to the Personal Property, and with has good right and full power to assign, grant, bargain, sell, mortgage mortgage, transfer and convey the same; . The Grantor further warrants and represents that the Mortgaged Premises are Property is free and clear of agreements, covenants, easements, restrictions, liens, leases Leases and other encumbrances, except (i) those agreements, covenants, easements, restrictions, liens, leases liens and encumbrances more particularly described in Schedule B, attached hereto, to which this Mortgage Deed of Trust is expressly subject. The Mortgagor , whether presently existing, as listed on EXHIBIT C attached hereto and incorporated herein by reference, or which may hereafter be created in accordance with the terms hereof or of the Loan Agreement and (ii) any Lease listed on EXHIBIT B (the matters described in the foregoing clauses (i) and (ii) are collectively referred to herein as the "Permitted Encumbrances"); and the Grantor shall warrant and defend title to the Mortgaged Premises Property against any and all lawful claims and demands of every kind and nature whatsoever. The Mortgagee Beneficiary shall have the right, at its option and at such time or times as it, the Beneficiary (in its sole and absolute discretion, ) shall deem necessary, necessary or desirable to take whatever action it the Beneficiary (in its sole and absolute discretion) may deem necessary or desirable to defend or uphold the lien of this Mortgage or otherwise enforce any of the rights of the Mortgagee Beneficiary hereunder or otherwise enforce any obligation secured hereby, including, without limitation, the right to institute appropriate legal proceedings for such purposes. To keep the property in good order, condition, and repair all costs and expenses reasonably incurred by the Beneficiary in connection therewith (including, without limitation, attorneys' fees and expenses and court costs) shall be a demand obligation of the Grantor to permit Mortgagee to enter upon and inspect the same; to make all proper renewalsBeneficiary, replacements and additions of and to the Property; not extent permitted by applicable law, shall be added to permit or suffer any waste thereof; the Obligations and not to tear down shall be secured by the improvements or permit them to be torn down, without written consent lien of this Deed of Trust and the other Loan Documents as fully and effectively and with the same priority as every other obligation of the Mortgagee. To keep the property insured against loss or damage by fire Grantor secured hereby, and such other hazardsif not paid within ten (10) days after demand, casualties and contingencies as may be required from time to time by Mortgagee, such insurance to be written through an agent or broker selected by Mortgagor in such form and in such companies as may be approved by Mortgagee, in amounts necessary to prevent the application of any co-insurance provisions of the applicable policies up shall thereafter (to the full insurable value thereof within the terms of extent permitted by applicable policies but in no event an amount which is less than the aggregate principal balance of the Senior lien and the Loan, if any, outstanding from time to time; to cause a standard mortgagee clause satisfactory to Mortgagee to be attached to such policy or policies providing that all payments thereunder shall be made to the order of the holder of the Senior lien and the Mortgagee as their interests may appear, and, law) bear interest at the request of Advances Rate until the Mortgagee, to deliver copies of such policy, policies or certificates thereof and all renewals thereof to Mortgagee at its place of business, or at such other place as it may designate in writing. Prior to the expiration date of each of said policies of insurance, Xxxxxxxxx will deliver to Mortgagee copies of renewal policy, policies or certificates thereof marked “premium paid” or accompanied by other evidence of payment satisfactory to Mortgagee. In the event any sum or sums of money are received by Mortgagee by reason of any such insurance as aforesaid, Mortgagee shall apply such monies so received to repair, restoration and replacement of the damaged or destroyed property. To comply promptly with all laws, ordinances and regulations affecting the Property or its usepayment.