Common use of Defense of Title Clause in Contracts

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 7 contracts

Samples: Autoscope Technologies Corp, Agreement for Sale, Mortgage (Meritage Hospitality Group Inc)

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Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this MortgageDeed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 3 contracts

Samples: Deed of Trust (Rockies Fund Inc), Purchase and Sale Agreement (Healthtech International Inc), Paul Son Gaming Corp

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's ’s title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's ’s expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's ’s own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 3 contracts

Samples: Adcare Health Systems, Inc, Golf Trust of America Inc, Gta-Ib, LLC

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions GrantorXxxxxxx's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender Xxxxxx shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of LenderXxxxxx's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 2 contracts

Samples: Development Incentive Agreement, Dynamic Health Products Inc

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions GrantorGxxxxxx's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender Lxxxxx shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of LenderLxxxxx's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Shepherd's Finance, LLC), Mortgage and Security Agreement (Shepherd's Finance, LLC)

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of the Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Loan and Security Agreement (Snowdance Inc)

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Acknowledgement and Agreement (Abidon Inc)

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this MortgageDeed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Business Loan Agreement (Scotts Liquid Gold Inc)

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of xx Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in participxxx xx the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor Grxxxxx will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Badger Paper Mills Inc

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's ’s title or the interest of Trustee or Lender under this MortgageDeed of Trust, Grantor shall defend the action at Grantor's ’s expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's ’s own choice, and Grantor will deliver, or cause to be delivered, delivered to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Master Agreement (TWO RIVERS WATER Co)

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Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In in the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Ohio Art Co

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's ’s title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's ’s expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's ’s own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments Instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Highwater Ethanol LLC

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's Grantors title or the interest of Lender Lander under this Mortgage, Grantor shall defend the action at Grantor's ’s expense. Grantor may be the nominal party in such proceeding, but Lender Xxxxxx shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's Xxxxxx’x own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: icc.illinois.gov

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions GrantorXxxxxxx's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. , Grantor may be the nominal party in such proceeding, but Lender Xxxxxx shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of LenderXxxxxx's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Dynasil Corp of America

Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's Gxxxxxx’s title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's ’s expense. Grantor may be the nominal party in such proceeding, but Lender Lxxxxx shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's Lxxxxx’s own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Shepherd's Finance, LLC)

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