Common use of Title to the Property Clause in Contracts

Title to the Property. Borrower shall warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 12 contracts

Samples: Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Loan Agreement (Red Oak Capital Fund IV, LLC)

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Title to the Property. Borrower shall will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument Mortgage on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 11 contracts

Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Title to the Property. Borrower shall will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument on Mortgage and the PropertyAssignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 7 contracts

Samples: Loan Agreement (Medical Billing Assistance, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Title to the Property. Borrower shall warrant and defend (a) the title to the each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument on the each Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the PropertyProperty (or any part thereof), other than as permitted hereunder, is claimed by another Person.

Appears in 6 contracts

Samples: Loan Agreement (Strategic Storage Trust II, Inc.), Loan Agreement (Strategic Storage Trust IV, Inc.), Loan Agreement (Strategic Storage Trust, Inc.)

Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 6 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Clipper Realty Inc.)

Title to the Property. Borrower shall will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument on and the PropertyAssignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 5 contracts

Samples: Loan Agreement (Caesars Acquisition Co), Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Thomas Properties Group Inc)

Title to the Property. Borrower shall warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument on the PropertyInstrument, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 4 contracts

Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)

Title to the Property. Borrower shall Borrowers will warrant and defend (ai) the title to the Property Properties and every part thereof, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances) ), and (bii) the validity and priority of the Lien Liens of the Security Instrument on the PropertyMortgages, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Borrowers shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expensescourt costs) incurred by Lender if an interest in the any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 3 contracts

Samples: Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Prime Retail Lp), Loan Agreement (Prime Retail Lp)

Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 3 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Title to the Property. Borrower shall will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument Mortgage on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) actually incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Vici Properties Inc.), Loan Agreement (Strategic Hotels & Resorts, Inc)

Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Deed of Trust, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Terra Tech Corp.), Loan Agreement (Terra Tech Corp.)

Title to the Property. Borrower shall will warrant and defend (a) the title to the each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument each Mortgage on the applicable Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.. 49

Appears in 2 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD)

Title to the Property. Borrower shall warrant and defend (a) the its title to the each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the each Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Title to the Property. Borrower shall will warrant and defend (ai) the title to the Property and every part thereof, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances) and (bii) the validity and priority of the Lien of the Security Instrument on the PropertyMortgage, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Title to the Property. Borrower shall will warrant and defend (ai) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including the Permitted Encumbrances) , and (bii) the validity and priority of the Lien Liens of the Security Instrument Mortgage and the Assignment of Leases on the Property, subject only to Liens permitted hereunder (including the Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)

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Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien Liens of the Security Instrument on the PropertyLoan Documents, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender Administrative Agent and Lenders for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender Administrative Agent and Lenders if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Morgans Hotel Group Co.)

Title to the Property. (a) Borrower shall warrant and defend (ai) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (bii) the validity and priority of the Lien Liens of the Security Instrument Instrument, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case case, against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Bloomin' Brands, Inc.)

Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, reasonable costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Carter Validus Mission Critical REIT, Inc.)

Title to the Property. Borrower shall will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument Mortgage on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender Xxxxxx if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Soho House & Co Inc.)

Title to the Property. Borrower shall will warrant and defend (aa ) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (bb ) the validity and priority of the Lien of the Security Instrument on and the PropertyAssignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Title to the Property. Borrower shall warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (b) the validity and priority of the Lien liens of the Security Instrument Mortgage on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any actual losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Chatham Lodging Trust)

Title to the Property. Borrower shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender Xxxxxx if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement

Title to the Property. Borrower shall warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument Mortgage on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

Title to the Property. Borrower shall will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Security Instrument each Mortgage on the applicable Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Amerco /Nv/)

Title to the Property. Borrower and Operating Lessee shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Security Instrument Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.)

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