Common use of Title to the Properties Clause in Contracts

Title to the Properties. Borrower will warrant and defend (i) the title to each Property and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), and (ii) the validity and priority of the Lien of each Mortgage, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

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Title to the Properties. Borrower will warrant and defend (ia) the title to each Property the Properties and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), and (iib) the validity and priority of the Lien of each Mortgagethe Security Instruments and the Assignments of Leases, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expenses, and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Title to the Properties. Borrower will Borrowers shall warrant and defend (ia) the their title to each Property the Properties and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), Encumbrances and (iib) the validity and priority of the Lien Liens of each Mortgagethe Mortgages, the Assignments of Leases and this Agreement on the Properties, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Borrowers shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Title to the Properties. Borrower will warrant and defend (ia) the title to each Individual Property and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), Encumbrances and (iib) the validity and priority of the Lien Liens of each Mortgagethe Mortgages and the Assignments of Leases, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Capitalsource Inc)

Title to the Properties. Borrower will warrant and defend (i) the title to each Property the Properties and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), and (ii) the validity and priority of the Lien of each Mortgagethe Mortgages, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)

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Title to the Properties. Borrower will warrant and defend (ia) the title to each the Property and every part thereof, subject only to Liens permitted under the Loan Documents hereunder (including Permitted Encumbrances), ) and (iib) the validity and priority of the Lien of each Mortgagethe Mortgages on the Properties, subject only to Liens permitted under the Loan Documents hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Title to the Properties. Borrower will warrant and defend (ia) the title to each Individual Property and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), Encumbrances and (iib) the validity and priority of the Lien Liens of each Mortgagethe Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Title to the Properties. Borrower will Borrowers shall warrant and defend (ia) the their title to each Property the Properties and every part thereof, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), Encumbrances and (iib) the validity and priority of the Lien Liens of each Mortgagethe Mortgages, the Assignments of Leases and this Agreement on the Properties, subject only to Liens permitted under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Borrowers shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

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