Common use of Title to this Property Clause in Contracts

Title to this Property. The Trustor represents and warrants: (a) it has good and marketable fee title to the Trust Property, free and clear of any liens and encumbrances, other than Liens permitted under Section 8.03 of the Credit Agreement and any other easements, rights and claims of record (collectively "Permitted Liens"), and is lawfully seized and possessed of the Trust Property; (b) this Deed of Trust is a valid first priority lien upon the Trust Property subject to the Permitted Liens; (c) it has full power and authority to encumber the Trust Property in the manner set forth herein; and (d) there are no defenses or offsets to this Deed of Trust or to the Obligations which it secures. The Trustor shall preserve such title and the validity and priority of this Deed of Trust and shall forever warrant and defend the same to the Beneficiary and the Beneficiary's successors and assigns against the claims of all persons and parties whatsoever. The Trustor shall take no action nor shall it fail to take any action which could result in an impairment of the lien of this Deed of Trust or which could form the basis for any Person(s) to claim an interest in the Trust Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription other than leases permitted under the Credit Agreement). If any Lien (other than Permitted Liens) is asserted against the Trust Property, the Trustor shall promptly, at its expense: (a) provide the Beneficiary with written notice of such Lien, including information relating to the amount of the Lien asserted; and (b) pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the Lien of this Deed of Trust is not compromised, contest the same pursuant to the provisions of the Credit Agreement. From and after the occurrence of an Event of Default, the Beneficiary may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the Trustor.

Title to this Property. The Trustor represents and warrants: (a) it has good and marketable fee title to the Trust Property, free and clear of any liens and encumbrances, other than Liens permitted under Section 8.03 of the Credit Agreement (or, after the CA Termination Date (as defined below), the Credit Agreement as in effect immediately prior to the occurrence of the CA Termination Date) and any other easements, rights and claims of record (collectively "“Permitted Liens"”), and is lawfully seized and possessed of the Trust Property; (b) this Deed of Trust is a valid first priority lien upon the Trust Property subject to the Permitted Liens; (c) it has full power and authority to encumber the Trust Property in the manner set forth herein; and (d) there are no defenses or offsets to this Deed of Trust or to the Obligations which it secures. The Trustor shall preserve such title and the validity and priority of this Deed of Trust and shall forever warrant and defend the same to the Beneficiary and the Beneficiary's ’s successors and assigns against the claims of all persons and parties whatsoever. The Trustor shall take no action nor shall it fail to take any action which could result in an impairment of the lien of this Deed of Trust or which could form the basis for any Person(s) to claim an interest in the Trust Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription other than leases permitted under the Credit Agreement). If any Lien (other than Permitted Liens) is asserted against the Trust Property, the Trustor shall promptly, at its expense: (a) provide the Beneficiary with written notice of such Lien, including information relating to the amount of the Lien asserted; and (b) pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the Lien of this Deed of Trust is not compromised, contest the same pursuant to the provisions of the Credit Agreement. From and after the occurrence of an Event of Default, the Beneficiary may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the Trustor.

Title to this Property. The Trustor Mortgagor represents and warrants: (a) it has good and marketable fee title to the Trust Property, free and clear of any liens and encumbrances, other than Liens permitted under Section 8.03 of the Credit Agreement and any other easements, rights and claims of record (collectively "Permitted Liens"), and is lawfully seized and possessed of the Trust Property; (b) this Deed of Trust Mortgage is a valid first priority security interest and lien upon the Trust Property subject to the Permitted Liens; (c) it has full power and authority to encumber the Trust Property in the manner set forth herein; and (d) there are no defenses or offsets to this Deed of Trust Mortgage or to the Obligations which it secures. The Trustor Mortgagor shall preserve such title and the validity and priority of this Deed of Trust Mortgage and shall forever warrant and defend the same to the Beneficiary Mortgagee and the BeneficiaryMortgagee's successors and assigns against the claims of all persons and parties whatsoever. The Trustor Mortgagor shall take no action nor shall it fail to take any action which could result in an impairment of the lien of this Deed of Trust Mortgage or which could form the basis for any Person(s) to claim an interest in the Trust Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription other than leases permitted under the Credit Agreement). If any Lien (other than Permitted Liens) is asserted against the Trust Property, the Trustor Mortgagor shall promptly, at its expense: (a) provide the Beneficiary Mortgagee with written notice of such Lien, including information relating to the amount of the Lien asserted; and (b) pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the Lien lien of this Deed of Trust Mortgage is not compromised, contest the same pursuant to the provisions of the Credit Agreement. From and after the occurrence of an Event of Default, the Beneficiary Mortgagee may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the TrustorMortgagor.

Title to this Property. The Trustor Mortgagor represents and warrants: (a) it has good and marketable fee title to the Trust Property, free and clear of any liens and encumbrances, other than Liens permitted under Section 8.03 of the Credit Agreement (or, after the CA Termination Date (as defined below), the Credit Agreement as in effect immediately prior to the occurrence of the CA Termination Date) and any other easements, rights and claims of record (collectively "“Permitted Liens"”), and is lawfully seized and possessed of the Trust Property; (b) this Deed of Trust Mortgage is a valid first priority security interest and lien upon the Trust Property subject to the Permitted Liens; (c) it has full power and authority to encumber the Trust Property in the manner set forth herein; and (d) there are no defenses or offsets to this Deed of Trust Mortgage or to the Obligations which it secures. The Trustor Mortgagor shall preserve such title and the validity and priority of this Deed of Trust Mortgage and shall forever warrant and defend the same to the Beneficiary Mortgagee and the Beneficiary's Mortgagee’s successors and assigns against the claims of all persons and parties whatsoever. The Trustor Mortgagor shall take no action nor shall it fail to take any action which could result in an impairment of the lien of this Deed of Trust Mortgage or which could form the basis for any Person(s) to claim an interest in the Trust Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription other than leases permitted under the Credit Agreement). If any Lien (other than Permitted Liens) is asserted against the Trust Property, the Trustor Mortgagor shall promptly, at its expense: (a) provide the Beneficiary Mortgagee with written notice of such Lien, including information relating to the amount of the Lien asserted; and (b) pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the Lien of this Deed of Trust Mortgage is not compromised, contest the same pursuant to the provisions of the Credit Agreement. From and after the occurrence of an Event of Default, the Beneficiary Mortgagee may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the TrustorMortgagor.

Title to this Property. The Trustor Grantor represents and warrants: (a) it has good and marketable fee title to the Trust Property, free and clear of any liens and encumbrances, other than Liens permitted under Section 8.03 of the Credit Agreement (or, after the CA Termination Date (as defined below), the Credit Agreement as in effect immediately prior to the occurrence of the CA Termination Date) and any other easements, rights and claims of record (collectively "“Permitted Liens"”), and is lawfully seized and possessed of the Trust Property; (b) this Deed of Trust To Secure Debt is a valid first priority lien security interest and security title upon the Trust Property subject to the Permitted Liens; (c) it has full power and authority to encumber the Trust Property in the manner set forth herein; and (d) there are no defenses or offsets to this Deed of Trust To Secure Debt or to the Obligations which it secures. The Trustor Grantor shall preserve such title and the validity and priority of this Deed of Trust To Secure Debt and shall forever warrant and defend the same to the Beneficiary Grantee and the Beneficiary's Grantee’s successors and assigns against the claims of all persons and parties whatsoever. The Trustor Grantor shall take no action nor shall it fail to take any action which could result in an impairment of the lien security interest of this Deed of Trust To Secure Debt or which could form the basis for any Person(s) to claim an interest in the Trust Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription other than leases permitted under the Credit Agreement). If any Lien (other than Permitted Liens) is asserted against the Trust Property, the Trustor Grantor shall promptly, at its expense: (a) provide the Beneficiary Grantee with written notice of such Lien, including information relating to the amount of the Lien asserted; and (b) pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the Lien security interest of this Deed of Trust To Secure Debt is not compromised, contest the same pursuant to the provisions of the Credit Agreement. From and after the occurrence of an Event of Default, the Beneficiary Grantee may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the TrustorGrantor.

Title to this Property. The Trustor Grantor represents and warrants: (a) it has good and marketable fee title to the Trust Property, free and clear of any liens and encumbrances, other than Liens permitted under Section 8.03 of the Credit Agreement and any other easements, rights and claims of record (collectively "Permitted Liens"), and is lawfully seized and possessed of the Trust Property; (b) this Deed of Trust to Secure Debt is a valid first priority lien security interest and security title upon the Trust Property subject to the Permitted Liens; (c) it has full power and authority to encumber the Trust Property in the manner set forth herein; and (d) there are no defenses or offsets to this Deed of Trust to Secure Debt or to the Obligations which it secures. The Trustor Grantor shall preserve such title and the validity and priority of this Deed of Trust to Secure Debt and shall forever warrant and defend the same to the Beneficiary Grantee and the BeneficiaryGrantee's successors and assigns against the claims of all persons and parties whatsoever. The Trustor Grantor shall take no action nor shall it fail to take any action which could result in an impairment of the lien security interest of this Deed of Trust to Secure Debt or which could form the basis for any Person(s) to claim an interest in the Trust Property (including, without limitation, any claim for adverse use or possession or any implied dedication or easement by prescription other than leases permitted under the Credit Agreement). If any Lien (other than Permitted Liens) is asserted against the Trust Property, the Trustor Grantor shall promptly, at its expense: (a) provide the Beneficiary Grantee with written notice of such Lien, including information relating to the amount of the Lien asserted; and (b) pay the Lien in full or take such other action to cause the Lien to be released, or, so long as the Lien security interest of this Deed of Trust to Secure Debt is not compromised, contest the same pursuant to the provisions of the Credit Agreement. From and after the occurrence of an Event of Default, the Beneficiary Grantee may, but shall not be obligated, to pay any such asserted Lien if not timely paid by the TrustorGrantor.