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 fee simple title to the Site and Improvements, free and clear of all encumbrances except the permitted encumbrances set forth on Schedule B 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 Mortgaged 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 Event of Default, Mortgagor may at all times peaceably and quietly enter upon, hold, occupy, use and enjoy the Mortgaged Property in accordance with the terms hereof; (d) 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; (e) the Site has access for ingress and egress to dedicated street(s); and (f) no material part of the Mortgaged Property has been damaged, destroyed, condemned or abandoned.

General Representations, Covenants and Warranties. Mortgagor Trustor, to the best of its knowledge, represents, covenants and warrants that as of the date hereof: (a) Mortgagor Trustor has good and marketable fee simple indefeasible title to that portion of the Site Real Property which constitutes real property interests including the Ground Lease and Improvementsthe leasehold estate created thereby, free and clear of all encumbrances except the permitted encumbrances set forth on Schedule B Permitted Liens with respect to the applicable title policySite, if any (“Permitted Encumbrances”)the Ground Lease and other matters which, individually and in the aggregate, do not have a materially adverse effect upon the ownership or operation of the Site; (b) All Easements are and will remain valid, subsisting and in full force and effect; (c) Mortgagor Trustor has the right to hold, occupy and enjoy its interest in the Mortgaged PropertyReal Property on and subject to the terms and conditions of the Ground Lease, and has good right, full power and lawful authority to mortgage and pledge grant the same as provided herein herein, and prior Beneficiary may, subject to the occurrence Permitted Liens and continuance the terms of an Event of Defaultthe Ground Lease, Mortgagor may at all times peaceably and quietly enter upon, hold, occupy, use occupy and enjoy the Mortgaged Real Property in accordance with the terms hereof; (dc) except as otherwise discussed in the Secured Debt Documents, all costs arising from construction of any improvementsImprovements, the performance of any labor and the purchase of all Mortgaged Property Tangible Collateral and Improvements have been or shall be paid when due; (ed) the Site has access for ingress and egress to dedicated street(s); and (fe) no material part of the Mortgaged Property Trust Estate has been damaged, destroyed, condemned or abandoned.

General Representations, Covenants and Warranties. Mortgagor Mortgagor, to the best of its knowledge, represents, covenants and warrants that as of the date hereof: (a) Mortgagor has good and marketable fee simple title to that portion of the Site and Improvements, Real Property which constitutes real property interests free and clear of all encumbrances except the permitted encumbrances set forth on Schedule B Permitted Liens with respect to the applicable title policySite, if any (“Permitted Encumbrances”)and other matters which, individually and in the aggregate, do not have a materially adverse effect upon the ownership or operation of the Site; (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 Mortgaged Property, Real Property and has good right, full power and lawful authority to mortgage and pledge grant the same as provided herein herein, and prior to the occurrence and continuance of an Event of Default, Mortgagor Mortgagee may at all times peaceably and quietly enter upon, hold, occupy, use occupy and enjoy the Mortgaged Real Property in accordance with the terms hereof; (dc) except as otherwise disclosed in the Secured Debt Documents, 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; (ed) the Site has access for ingress and egress to dedicated street(s); and (fe) no material part of the Mortgaged Property has been damaged, destroyed, condemned or abandoned.

General Representations, Covenants and Warranties. Mortgagor Trustor, to the best of its knowledge, represents, covenants and warrants that as of the date hereof: (a) Mortgagor Trustor has good and marketable fee simple title to the Site and Improvements[, INCLUDING THE GROUND LEASE AND THE LEASEHOLD ESTATE CREATED THEREBY], free and clear of all encumbrances except the permitted encumbrances title exceptions set forth on Schedule B to the applicable title policy, if any (“Permitted Encumbrances”); (b) All Easements are Exhibit C 5 332 hereto and will remain valid, subsisting and in full force and effect; (c) Mortgagor that it has the right to hold, occupy and enjoy its interest in the Mortgaged Property[LEASED] Premises [ON AND SUBJECT TO THE TERMS AND CONDITIONS OF THE GROUND LEASE], 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 Event of Default, Mortgagor Beneficiary may at all times peaceably and quietly enter upon, hold, occupy, use occupy and enjoy the Mortgaged Property entire [LEASED] Premises in accordance with the terms hereof; (db) all costs arising from construction of any improvements, the performance of any labor and the purchase of all Mortgaged Property Tangible Collateral and Improvements have been or shall be paid when due; (ec) the Site has access for ingress and egress to dedicated street(s); and (fd) no material part of the Mortgaged Property [LEASED] Premises has been damaged, destroyed, condemned or abandoned.

General Representations, Covenants and Warranties. Mortgagor Mortgagor, to the best of its knowledge, represents, covenants and warrants that as of the date hereof: (a) Mortgagor has good and marketable fee simple title to that portion of the Site and ImprovementsReal Property which constitutes real property interests, free and clear of all encumbrances except the permitted encumbrances set forth on Schedule B to of 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 Mortgaged Real Property, and has good right, full power and lawful authority to mortgage and pledge the same as provided herein and prior and, subsequent to the occurrence and continuance of an Event of Actionable Default, Mortgagor Mortgagee may at all times peaceably and quietly enter upon, hold, occupy, use occupy and enjoy the Mortgaged Real Property in accordance with the terms hereof; (dc) 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; (ed) the Site has access for ingress and egress to dedicated street(s); and (fe) no material part of the Mortgaged Property has been damaged, destroyed, condemned or abandoned.