Common use of Title and Liens Clause in Contracts

Title and Liens. Except for Seller Liens to be released at Closing, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, Seller has good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must be released at Closing), and there are no other liens, claims, encumbrances or other rights pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 24 contracts

Samples: Purchase Contract (Apple REIT Nine, Inc.), Purchase Contract (Apple REIT Nine, Inc.), Purchase Contract (Apple REIT Ten, Inc.)

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Title and Liens. Except for Seller Liens to be released at Closing, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, at the Closing Seller has shall have good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must to be released at Closing), and there are shall be no other liens, claims, encumbrances or other rights pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 7 contracts

Samples: Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple Reit Six Inc), Purchase Contract (Apple REIT Seven, Inc.)

Title and Liens. Except for Seller Liens to be released at ClosingClosing and the Existing Loan, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, Seller has good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must to be released at Closing), and there are no other liens, claims, encumbrances or other rights pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 4 contracts

Samples: Escrow Agreement (Apple REIT Eight, Inc.), Escrow Agreement (Apple REIT Eight, Inc.), Escrow Agreement (Apple REIT Eight, Inc.)

Title and Liens. Except for Seller Liens to be released at Closing, Seller has good and marketable fee simple absolute leasehold title to the Land and fee simple title to the other Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, Seller has good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must be released at Closing), and there are no other liens, claims, encumbrances or other rights pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 2 contracts

Samples: Escrow Agreement (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.)

Title and Liens. Except for Seller Liens to be released at Closing, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, at the Closing Seller has shall have good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must to be released at Closing), and there are shall be no other liens, claims, . encumbrances or other rights pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Seven, Inc.)

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Title and Liens. Except for Seller Liens to be released at Closing, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, Seller has good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must to be released at Closing), and there are no other liens, claims, encumbrances or other rights pending or, to Seller’s or Indemnitor’s knowledge, threatened or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 1 contract

Samples: Escrow Agreement (Apple REIT Eight, Inc.)

Title and Liens. Except for Seller Liens to be released at ClosingClosing to the best of Seller’s knowledge, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, Seller has good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must to be released at Closing), and there are no other liens, claims, encumbrances or other rights pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Eight, Inc.)

Title and Liens. Except for Seller Liens to be released at Closing, Seller has good and marketable fee simple absolute title to the Real Property, subject only to the Permitted Exceptions. Except for the FF&E subject to the FF&E Leases and any applicable Permitted Exceptions, Seller has good and marketable title to the Personal Property, free and clear of all liens, claims, encumbrances or other rights whatsoever (other than the Seller Liens which must to be released at Closing), and there are no other liens, claims, encumbrances or other rights Table of Contents pending or of which any Seller Party has received notice or which are otherwise known to any Seller Party related to any other Personal Property.

Appears in 1 contract

Samples: Purchase Contract (Apple Reit Six Inc)

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