Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, pledge, encroachment, zoning violation, or encumbrance, except Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly within the boundaries of the Land.
Title to Mortgaged Property and Lien of this Mortgage. Except as to Permitted Liens, Mortgagor has good, marketable and indefeasible fee simple title to the Land and the Buildings, and has good, marketable and indefeasible title to the Fixtures, the Personalty and the other Mortgaged Property. The Mortgaged Property is free and clear of any and all Liens, charges, encumbrances, security interests and adverse claims whatsoever, except for all Liens, charges, encumbrances, security interests and adverse claims specifically identified as exceptions in the policy of title insurance accepted by Mortgagee in connection herewith.
Title to Mortgaged Property. Mortgagor represents, warrants, covenants and agrees Mortgagor shall at all times remain the legal and beneficial owner of good and marketable indefeasible title in fee simple absolute to all of the Mortgaged Property.; Mortgagor has full power and authority to grant the Mortgaged Property as provided in this Mortgage and will forever warrant and defend its grant made herein against any and all claims and demands whatsoever, except as specifically provided in this Mortgage.
Title to Mortgaged Property and Lien of this Instrument. Grantor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Deed of Trust creates a valid, enforceable first priority lien and security interest against the Mortgaged Property, subject only to the Permitted Encumbrances.
Title to Mortgaged Property. Borrower has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, pledge, encroachment, zoning violation, or encumbrance, except Permitted Encumbrances (specifically including special exceptions reflected in Lender’s title insurance policies insuring the Mortgage) which do not materially interfere with the security intended to be provided by the Mortgage or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly within the boundaries of the Land.
Title to Mortgaged Property. Except for those certain items listed and described on Exhibit "B" attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceptions"), Mortgagor has good and indefeasible title to the Land and the Improvements, and good and marketable title to the Fixtures, free and clear of any liens, charges, encumbrances, security interests, and adverse claims whatsoever.
Title to Mortgaged Property. Mortgagor is now the owner of the Mortgaged Property upon which this Mortgage is a valid first lien for the amount above specified, with interest thereon at the rate set forth in the Note and there are no defenses or offsets to this Mortgage or to the said indebtedness.
Title to Mortgaged Property. Mortgagor covenants, agrees and warrants that it has good and marketable fee simple title to the Mortgaged Property, free and clear of liens and encumbrances, and that Mortgagor has good right and lawful authority to mortgage and convey the same in the manner and form herein set forth.
Title to Mortgaged Property. Mortgagor has good and marketable title to all of the Mortgaged Property, subject to no lien, mortgage, pledge, encroachment, zoning violation, or encumbrance, except the First Mortgage and Permitted Encumbrances which do not materially interfere with the security intended to be provided by the Mortgage or the current use or operation of the Land and the Improvements or the current ability of the Facility to generate net operating income sufficient to service the Loan. All Improvements situated on the Land are situated wholly within the boundaries of the Land. In addition, Mortgagor shall obtain one or more currently dated title policies issued by the title insurer, insuring ownership of the fee interest in the Mortgage Property, subject to matters acceptable to the Mezzanine Lender, with a copy of each such title policy to be delivered to Mezzanine Lender on the Closing Date. Mortgagor shall execute and deliver on the Closing Date such affidavits and indemnities as are required by the title insurer to issue the mortgagee's title policy and all endorsements thereto required by Mezzanine Lender. In the event that Mezzanine Lender exercises its right to foreclose on the Mortgage Property granted under the Mortgage following an Event of Default, Mortgagor shall (and hereby covenants and agrees that it will) execute and deliver such further affidavits and indemnities as may be required by the title insurer to issue endorsements required by Mezzanine Lender in connection with issuance of a owner's title policy pursuant to any open commitment.
Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the Permitted Liens. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property (to the fullest extent that such lien or security interest may be created in such type of Mortgaged Property).
