Common use of General Representations, Covenants and Warranties Clause in Contracts

General Representations, Covenants and Warranties. Mortgagor represents, covenants and warrants that as of the date hereof: (a) Mortgagor has good and marketable title to that portion of the Real Property which constitutes real property interests, free and clear of all encumbrances except the permitted encumbrances set forth on Exhibit B hereto ("Permitted Encumbrances"); (b) Mortgagor has the right to hold, occupy and enjoy its interest in the Real Property, and has good right, full power and lawful authority to mortgage and pledge the same as provided herein, and prior to the occurrence and continuance of an Actionable Default, Mortgagee may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Real Property in accordance with the terms hereof; (c) all costs arising from construction of any improvements, the performance of any labor and the purchase of all Mortgaged Property have been or shall be paid when due except any such costs that are contested by the Mortgagor pursuant to its right to do so under Section 7.2.2(c) of the Credit Agreement; (d) the Real Property has access for ingress and egress to dedicated street(s); (e) no material part of the Mortgaged Property has been damaged, destroyed, condemned or abandoned; and (f) this Mortgage is a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Encumbrances, and will remain a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Liens and Mortgagor shall forever warrant, defend and preserve the validity and priority of the Mortgage and shall forever warrant and defend the same to Mortgagee against the claims of all persons whomsoever.

General Representations, Covenants and Warranties. Mortgagor represents, covenants and warrants that as of the date hereof: (a) Mortgagor has good and marketable fee simple title to that portion and is the sole owner of the Real Property which constitutes real property interestsSite and Improvements, free and clear of all encumbrances except the permitted encumbrances set forth on Exhibit Schedule B hereto to the applicable title policy, if any ("“Permitted Encumbrances"”); (b) All Easements are and will remain valid, subsisting and in full force and effect; (c) Mortgagor has the right to hold, occupy and enjoy its interest in the Real Mortgaged Property, and has good right, full power and lawful authority to mortgage and pledge the same as provided herein, herein and prior to the occurrence and continuance of an Actionable Event of Default, Mortgagee Mortgagor may at all times peaceably and quietly enter upon, hold, occupy occupy, use and enjoy the Real Mortgaged Property in accordance with the terms hereof; (cd) all costs arising from construction of any improvements, the performance of any labor and the purchase of all Mortgaged Property have been or shall be paid when due except any such costs that are contested by the Mortgagor pursuant to its right to do so under Section 7.2.2(c) of the Credit Agreementdue; (de) the Real Property Site has access for ingress and egress to dedicated street(s); (ef) no material part of the Mortgaged Property has been damaged, destroyed, condemned or abandoned; and (fg) this Mortgage is a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Encumbrances, and Mortgagor will remain a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Liens and Mortgagor shall forever warrant, defend and preserve the validity and priority of the Mortgage and shall forever warrant and defend the same title to Mortgagee the Real Property against the all claims of all persons whomsoeverand demands, except as otherwise expressly provided in this Mortgage.

General Representations, Covenants and Warranties. Mortgagor represents, warrants and covenants and warrants that as of the date hereof: (a) subject only to the rights of others provided in the instruments described in Schedule B attached hereto and incorporated herein, Mortgagor is seized of an indefeasible estate in fee simple in, and has good and marketable absolute title to that portion of to, the Real Property which constitutes real property interests, free and clear of all encumbrances except the permitted encumbrances set forth on Exhibit B hereto ("Permitted Encumbrances"); (b) Mortgagor has the right to hold, occupy and enjoy its interest in the Real Property, and has good right, full power and lawful authority to mortgage and pledge encumber the same as provided herein, herein and prior to the occurrence and continuance of an Actionable Default, Mortgagee Agent may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Real Property in accordance with applicable law and with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except those described in Schedule B and that certain Mortgage, Assignment of Leases and Rents, Fixture Filing and Security Agreement from Mortgagor to The CIT Group/Commercial Services, Inc. ("Senior Creditor"), of even date herewith and recorded in the real estate records of the County and State in which the Property is located (the "Senior Mortgage"); (c) all costs arising from construction Mortgagor will maintain and preserve the lien of any improvements, this Mortgage until the performance of any labor and the purchase of all Mortgaged Property Obligations secured hereby have been or shall be paid when due except any such costs that are contested by the Mortgagor pursuant to its right to do so under Section 7.2.2(c) of the Credit Agreementin full; (d) the Real Property is improved with those improvements described in Schedule C attached hereto and incorporated herein and made a part hereof and has frontage on, and direct access for ingress of ingress, egress, and egress to dedicated regress to, the street(s)) described therein; (e) no material part electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Property satisfactorily, and any easements necessary to the furnishing of the Mortgaged Property has such utility service to Mortgagor have been damaged, destroyed, condemned or abandonedobtained; and (f) this Mortgage is a valid the representations, warranties and enforceable lien on and security interest covenants made by Mortgagor in the Mortgaged Property, subject only to Permitted Encumbrances, Subordinated Note Documents are incorporated herein by reference and will remain made a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Liens and Mortgagor shall forever warrant, defend and preserve the validity and priority of the Mortgage and shall forever warrant and defend the same to Mortgagee against the claims of all persons whomsoeverpart hereof.

General Representations, Covenants and Warranties. Mortgagor represents, covenants and warrants that as of the date hereof: (a) Mortgagor has good and marketable title to that portion of the Real Property which constitutes real property interests, free and clear of all encumbrances except the permitted encumbrances set forth on Exhibit B C hereto ("Permitted Encumbrances"); (b) Mortgagor has the right to hold, occupy and enjoy its interest in the Real Property, and has good right, full power and lawful authority to mortgage and pledge the same as provided herein, and prior to the occurrence and continuance of an Actionable Default, Mortgagee may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Real Property in accordance with the terms hereof; (c) all costs arising from construction of any improvements, the performance of any labor and the purchase of all Mortgaged Property have been or shall be paid when due except any such costs that are contested by the Mortgagor pursuant to its right to do so under Section 7.2.2(c) of the Credit Agreement; (d) the Real Property has access for ingress and egress to dedicated street(s); (e) no material part of the Mortgaged Property has been damaged, destroyed, condemned or abandoned; and (f) this Mortgage is a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Encumbrances, and will remain a valid and enforceable lien on and security interest in the Mortgaged Property, subject only to Permitted Liens and Mortgagor shall forever warrant, defend and preserve the validity and priority of the Mortgage and shall forever warrant and defend the same to Mortgagee against the claims of all persons whomsoever.