Representations; Xxxxxx and Warranty. Grantor represents and warrants that the Grantor is the owner of a good, valid and subsisting ownership interest in the Real Property (except for trade fixtures and other improvements and property owned by tenants under any Lease) free and clear of all liens other than liens which are Permitted Encumbrances. As and to the extent required under the provisions of Section 5.10 of the Credit Agreement, Grantor shall warrant, defend and preserve such title and the rights granted by this Mortgage against all claims of all Persons and shall maintain the Real Property free and clear of all liens other than liens which are Permitted Encumbrances. Grantor further warrants that it has the absolute right to grant this Mortgage without the necessity of obtaining the consent of any Person. This Mortgage constitutes a valid, binding and enforceable first lien on the Mortgaged Property, subject only to the Permitted Encumbrances (as said term is defined in the Credit Agreement). Grantor shall cause the representation and warranties in this Section 4 to continue to be true in each and every respect.
