Common use of Warranty of Title Clause in Contracts

Warranty of Title. Mortgagor warrants that Mortgagor has good, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Mortgaged Property and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Mortgaged Property and that Mortgagor possesses an unencumbered fee estate in the Land and the Improvements and that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof and approved by Mortgagee and (y) those exceptions of title that are permitted under the other terms and conditions of this Mortgage (collectively, the "PERMITTED ENCUMBRANCES") and that this Mortgage is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrances. Mortgagor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage and shall forever warrant and defend the same to Mortgagee against the claims of all persons whomsoever.

Warranty of Title. Mortgagor Grantor warrants that Mortgagor Grantor has good, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Mortgaged Trust Property and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage Deed of Trust and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Mortgaged Trust Property and that Mortgagor Grantor possesses an unencumbered fee estate in the Land and the Improvements and that it owns the Mortgaged Trust Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof and approved by Mortgagee Beneficiary and (y) those exceptions of title that are permitted under the other terms and conditions of this Mortgage Deed of Trust (collectively, the "PERMITTED ENCUMBRANCES") and that this Mortgage Deed of Trust is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Trust Property, subject only to the Permitted Encumbrances. Mortgagor Grantor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage Deed of Trust and shall forever warrant and defend the same to Mortgagee Beneficiary against the claims of all persons whomsoever.

Warranty of Title. Mortgagor warrants that Mortgagor is the sole owner of and has good, legal, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Mortgaged Property and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Mortgaged Property same and that Mortgagor possesses an unencumbered fee estate in the Land Premises and the Improvements and that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to shown in the title which are existing on insurance policy insuring the date hereof and approved by Mortgagee and (y) those exceptions of title that are permitted under the other terms and conditions lien of this Mortgage (collectively, the "PERMITTED ENCUMBRANCES") and that this Mortgage is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrancessaid exceptions. Mortgagor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage and shall forever warrant and defend the same to Mortgagee and/or Trustee against the claims of all persons whomsoever.

Warranty of Title. Mortgagor (a) Grantor represents and warrants that Mortgagor it has good, marketable and insurable indefeasible fee simple title to Land the Property, except for (a) inventory owned by a tenant, and (b) any Equipment owned by Franchisor under any lease required under the Improvements and has good title to the remainder of the Mortgaged Property Franchise Agreement, and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage Deed of Trust and to acquire, encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign assign, hypothecate and hypothecate grant a security interest in the Mortgaged Property and that Mortgagor Grantor possesses an unencumbered fee estate in the Land and the Improvements Improvements, and that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) the Operating Lease and those exceptions to title which are existing on the date hereof and approved by Mortgagee Beneficiary and (y) those exceptions of shown in the title that are permitted under insurance policy insuring the other terms and conditions lien of this Mortgage (collectively, the "PERMITTED ENCUMBRANCES") Deed of Trust. Grantor further represents and warrants that this Mortgage Deed of Trust is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrancessuch exceptions. Mortgagor Grantor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage Deed of Trust and shall forever warrant and defend the same such title, validity and priority to Mortgagee Beneficiary against the claims of all persons whomsoever.

Warranty of Title. Mortgagor Borrower warrants that Mortgagor Borrower has good, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Mortgaged Property and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage and to encumber, mortgage, give, grant, bargain, sell, alienatealien, enfeoff, convey, confirm, warrant, pledge, pledge and assign and hypothecate the Mortgaged Property and same. Borrower warrants that Mortgagor Borrower possesses an unencumbered fee estate in the Land Premises and the Improvements and Improvements. Master Tenant warrants that Master Tenant possesses an unencumbered leasehold estate in the Master Leasehold Estate. Borrower warrants that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to shown in the title which are existing on insurance policy insuring the date hereof lien and approved by Mortgagee and (y) those exceptions of security title that are permitted under the other terms and conditions of this Mortgage Security Instrument (collectively“Permitted Encumbrances”). Borrower represents and warrants that none of the Permitted Encumbrances will materially and adversely affect (i) Borrower’s ability to pay in full the Debt, (ii) the "PERMITTED ENCUMBRANCES"use of the Property for the use currently being made thereof, (iii) and that this Mortgage is and will remain a valid and enforceable first lien on and security interest in the Mortgaged operation of the Property, subject only to or (iv) the Permitted Encumbrancesvalue of the Property. Mortgagor Borrower shall forever warrant, defend and preserve such title and the validity and priority of the lien and security title of this Mortgage Security Instrument and shall forever warrant and defend the same to Mortgagee Grantee against the claims of all persons whomsoever.

Warranty of Title. Mortgagor Borrower represents and warrants that Mortgagor Borrower has good, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Mortgaged Property Premises and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage Agreement and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign assign, hypothecate and hypothecate grant a security interest in the Mortgaged Property (except with respect to certain municipal permits and licenses, and certain contracts and franchises the assignability of which, by their terms or as a matter of law is restricted) and that Mortgagor Borrower possesses an unencumbered fee estate in the Land Premises and the Improvements Improvements, and that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof and approved by Mortgagee Lender and (y) those exceptions shown in the title insurance policy insuring the lien of title that are permitted under the other terms and conditions of this Mortgage (collectivelyMortgage, the "PERMITTED ENCUMBRANCES") and that this the Mortgage is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrancessuch exceptions. Mortgagor Borrower shall forever warrant, defend and preserve such title and the validity and priority of the lien of this the Mortgage and shall forever warrant and defend the same such title, validity and priority to Mortgagee Lender against the claims of all persons whomsoever.

Warranty of Title. Mortgagor Borrower represents and warrants that Mortgagor Borrower has good, marketable and insurable indefeasible fee simple title to Land and the Improvements Accommodation Grantor represents and warrants that Accommodation Grantor has good good, marketable and indefeasible leasehold title to the remainder of the Mortgaged Property Property, as applicable, and each has the full power, authority and right to execute, deliver and perform its respective obligations under this Mortgage Deed of Trust and to acquire, encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign assign, hypothecate and hypothecate grant a security interest in the Mortgaged Property and that Mortgagor Borrower possesses an unencumbered fee estate in the Land and the Improvements Improvements, and that it owns Borrower and Accommodation Grantor own the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof and approved by Mortgagee Beneficiary and (y) those exceptions of shown in the title that are permitted under insurance policy insuring the other terms and conditions lien of this Mortgage (collectively, the "PERMITTED ENCUMBRANCES") Deed of Trust. Grantor further represents and warrants that this Mortgage Deed of Trust is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrancessuch exceptions. Mortgagor Grantor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage Deed of Trust and shall forever warrant and defend the same such title, validity and priority to Mortgagee Beneficiary against the claims of all persons whomsoever.

Warranty of Title. Mortgagor Grantor warrants that Mortgagor has good, marketable and insurable fee simple title to Land and the Improvements and it has good and marketable title to the remainder Premises, in each case free and clear of all liens, charges and encumbrances of every kind and character, subject only to the Mortgaged Property encumbrances set forth on Exhibit B hereto ("Permitted Encumbrances"); has and has will continue to have full power and lawful authority to encumber and convey the full power, authority and right to execute, deliver and perform its obligations under this Mortgage and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Mortgaged Property and that Mortgagor possesses an unencumbered fee estate in the Land and the Improvements and that it Premises as provided herein; owns the all other Mortgaged Property free and clear of all liens, charges and encumbrances of every kind and charges whatsoever except for (x) those exceptions character, subject only to title which are existing on the date hereof Permitted Encumbrances; and approved by Mortgagee and (y) those exceptions this Deed of title that are permitted under the other terms and conditions of this Mortgage (collectively, the "PERMITTED ENCUMBRANCES") and that this Mortgage Trust is and will continue to remain a valid and enforceable first mortgage lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrances. Mortgagor shall forever warrant, defend and Grantor further covenants that it will preserve such title and will forever warrant and defend the validity title to the Mortgaged Property unto Trustee and Beneficiary against all lawful claims whatsoever and will forever warrant and defend the validity, enforceability and priority of the lien of this Mortgage and shall forever warrant and defend the same to Mortgagee Deed of Trust against the claims of all persons and parties whomsoever.. Grantor covenants that it will, at Grantor's sole cost and expense and at the request of Trustee or Beneficiary, (i) promptly correct any defect or error which may be discovered in the Loan Documents, (ii) promptly do, execute, acknowledge and deliver, and record and re-record, file and re-file and register and re-register, any and all such instruments as Trustee or Beneficiary may require from time to time in order to carry out more effectively the purposes of this Deed of 8

Warranty of Title. Mortgagor warrants that Mortgagor has good, marketable good and insurable fee simple indefeasible title to Land and the Improvements and has good title to the remainder of the Mortgaged Property and that Mortgagor (and the undersigned representative of Mortgagor) has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage and to encumber, mortgage, give, grant, bargain, sell, alienatealien, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Mortgaged Property same pursuant to the terms hereof and to keep and perform all of the terms of this Mortgage on Mortgagor's part to be performed and that Mortgagor possesses an unencumbered fee estate in the Land Premises and the Improvements and that it owns the Mortgaged Property free and clear of all liens, encumbrances and charges whatsoever except for (x) the Prime Lease and those exceptions to shown in the title which are existing on insurance policy insuring the date hereof and approved by Mortgagee and (y) those exceptions of title that are permitted under the other terms and conditions lien of this Mortgage (collectively, the "PERMITTED ENCUMBRANCES") and that this Mortgage is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Property, subject only to the Permitted Encumbrances"). Mortgagor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage and shall forever warrant and defend the same to Mortgagee against the claims of all persons whomsoever.

Warranty of Title. Mortgagor Grantor warrants that Mortgagor Grantor has good, marketable and insurable fee simple title to Land and the Improvements and has good title to the remainder of the Mortgaged Trust Property and has the full power, authority and right to execute, deliver and perform its obligations under this Mortgage Deed of Trust and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the Mortgaged Trust Property and that Mortgagor Grantor possesses an unencumbered fee estate in the Land and the Improvements and that it owns the Mortgaged Trust Property free and clear of all liens, encumbrances and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof and approved by Mortgagee Beneficiary and (y) those exceptions of title that are permitted under the other terms and conditions of this Mortgage Deed of Trust (collectively, the "PERMITTED ENCUMBRANCES") and that this Mortgage Deed of Trust is and will remain a valid and enforceable first lien on and security interest in the Mortgaged Trust Property, subject only to the Permitted Encumbrances. Mortgagor Grantor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage Deed of Trust and shall forever warrant and defend the same to Mortgagee Beneficiary against the claims of all persons whomsoever.persons

Warranty of Title. Mortgagor warrants that Mortgagor has good, marketable and insurable Grantor is lawfully seized of an indefeasible estate in fee simple title to Land in the land and the Improvements real property hereby mortgaged and has good and absolute title to (a) the remainder Timber, subject to the rights of Persons other than Grantor under Cutting Rights Agreements and (b) to all existing personal property hereby mortgaged, in each case subject to the Mineral rights reserved by the Unites States government to the extent specified in the original land patent for such Mortgaged Property and has the good right, full power, power and lawful authority and right to execute, deliver and perform its obligations under this Mortgage and to encumber, mortgage, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign convey and hypothecate mortgage the Mortgaged Property and that Mortgagor possesses an unencumbered fee estate same in the Land manner and form aforesaid; that, except for Permitted Liens, the Improvements and that it owns the Mortgaged Property same is free and clear of all liens, charges, and encumbrances relating to or affecting the Timber whatsoever, including, as to the personal property and charges whatsoever except for (x) those exceptions to title which are existing on the date hereof fixtures, conditional sales contracts, chattel mortgages, security agreements, financing statements, and approved by Mortgagee and (y) those exceptions anything of title that are permitted under the other terms and conditions of this Mortgage (collectivelya similar nature, the "PERMITTED ENCUMBRANCES") and that this Mortgage is Grantor shall and will remain warrant and forever defend such title thereto unto Beneficiary, its successors and assigns, against the lawful claims of all persons whomsoever, other than holders of the Permitted Liens. This Trust Deed creates a valid and valid, enforceable first priority lien on and security interest in against the Mortgaged Property, subject only to the Permitted Encumbrances. Mortgagor shall forever warrant, defend and preserve such title and the validity and priority of the lien of this Mortgage taxes not yet due and shall forever warrant payable and defend other Permitted Liens. Grantor has and will continue to have full power and lawful authority to grant, release, convey, assign, transfer, mortgage, pledge, hypothecate and otherwise create the same to Mortgagee against liens on the claims of all persons whomsoeverMortgaged Property as provided herein.