Common use of Title to the Property Clause in Contracts

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 36 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Condor Hospitality Trust, Inc.)

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Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of the Liens of the Mortgage and the Assignment of Leases on the Property against the claims of all Liens granted or otherwise given to Lender under the Loan DocumentsPersons whomsoever, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 32 contracts

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Strategic Hotels & Resorts, Inc)

Title to the Property. Borrower Borrowers will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 6 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Title to the Property. Borrower will warrant and defend the title to validity and priority of the Liens of the Mortgage, the Assignment of Leases on the Property, and the validity and priority of all Liens granted or otherwise given Lien created pursuant to Lender under the Loan Documents, subject only to Permitted Encumbrances, Section 6.1 against the claims of all PersonsPersons whomsoever, subject with respect to the Property only to Permitted Encumbrances.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (Empire State Realty Trust, Inc.), Loan Agreement (Empire State Realty Trust, Inc.)

Title to the Property. Borrower will warrant and defend the Borrower’s title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 4 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of the Lien of the Mortgage and the Assignment of Leases on the Property against the claims of all Liens granted or otherwise given to Lender under the Loan DocumentsPersons whomsoever, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 3 contracts

Samples: Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Operating Partnership Lp)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all the Liens granted or otherwise given to Lender under of the Loan DocumentsMortgage, subject only to Permitted Encumbrances, the Assignment of Leases and the Collateral Assignment of Subleases on the Property against the claims of all PersonsPersons whomsoever, subject only to the Permitted Encumbrances.

Appears in 3 contracts

Samples: Loan Agreement (Moody National REIT I, Inc.), Loan Agreement (Moody National REIT I, Inc.), Loan Agreement (Moody National REIT I, Inc.)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all the Liens granted or otherwise given to Lender under of the Loan Documents, subject only to Permitted Encumbrances, Mortgage and the Assignment of Leases on the Property against the claims of all PersonsPersons whomsoever, subject only to the Permitted Encumbrances.

Appears in 3 contracts

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan DocumentsLien of the Mortgage and the Subordinate Mortgage, subject only to Permitted Encumbrances, against the claims of all PersonsPersons except Lender.

Appears in 2 contracts

Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)

Title to the Property. Borrower will warrant and defend (a) the title to the PropertyProperty and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of all Liens granted or otherwise given to Lender under the Loan DocumentsLien of the Mortgage and the Assignment of Leases on the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all PersonsPersons whomsoever.

Appears in 2 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

Title to the Property. Borrower will shall warrant and defend the (a) its title to the PropertyProperty and every part thereof, subject only to Permitted Encumbrances and (b) the validity and priority of all the Liens granted or otherwise given to Lender under of the Loan DocumentsMortgage, the Assignment of Leases and this Agreement on the Property, subject only to Permitted EncumbrancesEncumbrances and other Liens expressly permitted pursuant to the terms of the Loan Documents, in each case against the claims of all PersonsPersons whomsoever.

Appears in 2 contracts

Samples: Loan Agreement (Alexanders Inc), Loan Agreement (Alexanders Inc)

Title to the Property. Borrower will warrant and defend against the claims of all Persons whomsoever (i) with respect to its title to the Property, Property and every part thereof and (ii) the validity and priority of all the Lien of the Mortgage, subject only in each case to Liens granted or otherwise given to Lender permitted under the Loan Documents, subject only to Documents (including Permitted Encumbrances, against the claims of all Persons).

Appears in 2 contracts

Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Colony Resorts LVH Acquisitions LLC)

Title to the Property. Borrower and Operating Tenant will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Title to the Property. Each Borrower will warrant and defend the title to the Propertyany Borrowing Base Property owned by such Borrower, and the validity and priority of all Liens granted or otherwise given to Lender Administrative Agent under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

Title to the Property. Borrower will warrant and defend the title to validity and priority of the Lien of the Mortgage and the Assignment of Leases on the Property, and the validity and priority of all Liens granted or otherwise given Lien created pursuant to Lender under the Loan Documents, subject only to Permitted Encumbrances, Section 6.2 against the claims of all PersonsPersons whomsoever, subject with respect to the Property only to Permitted Encumbrances.

Appears in 1 contract

Samples: Loan Agreement (Hilton Worldwide Holdings Inc.)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender Administrative Agent on behalf of the Lenders under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Term Loan Agreement (New York City REIT, Inc.)

Title to the Property. Borrower will The Borrowers shall warrant and defend the title to the each Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (Gramercy Capital Corp)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender Administrative Agent on behalf of the Lenders under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.)

Title to the Property. Each Borrower will warrant and defend the title to the Propertyany Borrowing Base Property owned by such Borrower, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

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Title to the Property. Borrower will shall warrant and defend the title to the Property, and the validity and priority of all the Liens granted or otherwise given to Lender under of the Loan Documents, subject only to Permitted Encumbrances, Mortgage and the Assignment of Leases on the Property against the claims of all PersonsPersons whomsoever, subject only to the Permitted Encumbrances.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of the Liens of the Mortgage and the Assignment of Leases on each Individual Property against the claims of all Liens granted or otherwise given to Lender under the Loan DocumentsPersons whomsoever, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

Title to the Property. Borrower will warrant and defend (a) the title to the Property, Property and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documentsevery part thereof, subject only to Permitted Encumbrances, and (b) the validity and priority of the Lien of the Building Loan Mortgage and the Assignment of Leases, subject only to Permitted Encumbrances, in each case against the claims of all PersonsPersons whomsoever. Borrower shall reimburse Agent and Lender for any Losses incurred by Agent or Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Title to the Property. Each Borrower will warrant and defend the title to the its Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.. 37

Appears in 1 contract

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

Title to the Property. Borrower will shall warrant and defend the (a) its title to the PropertyProperty and every part thereof, subject only to Permitted Encumbrances and (b) the validity and priority of all Liens granted or otherwise given to Lender under the Loan DocumentsLien of the Mortgage, the Assignment of Leases and this Agreement on the Property, subject only to Permitted EncumbrancesEncumbrances and other Liens expressly permitted pursuant to the terms of the Loan Documents, in each case against the claims of all PersonsPersons whomsoever.

Appears in 1 contract

Samples: Loan Agreement (Urban Edge Properties)

Title to the Property. Borrower will warrant and defend the title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all PersonsPersons not claiming under Permitted Encumbrances.

Appears in 1 contract

Samples: Loan Agreement (OVERSTOCK.COM, Inc)

Title to the Property. Borrower will warrant and defend the title to validity and priority of the Liens of the Mortgage, the Assignment of Leases on the Property, and the validity and priority of all Liens granted or otherwise given Lien created pursuant to Lender under the Loan Documents, subject only to Permitted Encumbrances, Section 6.4 against the claims of all PersonsPersons whomsoever, subject with respect to the Property only to Permitted Encumbrances.

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Title to the Property. Borrower will warrant and defend the --------------------- title to the each Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan DocumentsLien of the applicable Deed of Trust, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (Saul Centers Inc)

Title to the Property. Borrower will warrant and defend the its fee title to the Property, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Title to the Property. Each Borrower will warrant and defend the title to the Property, and the validity and priority of the Liens of the Mortgage and the Assignment of Leases on each Individual Property against the claims of all Liens granted or otherwise given to Lender under the Loan DocumentsPersons whomsoever, subject only to Permitted Encumbrances, against the claims of all Persons.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties, Inc.)

Title to the Property. Borrower will warrant and defend the title to the PropertyCollateral, and the validity and priority of all Liens granted or otherwise given to Lender under the Loan Documents, subject only to Permitted Encumbrances, Documents against the claims of all Persons. Borrower shall cause Mortgage Borrower to warrant and defend the title to the Property against the claims of all Persons (other than Mortgage Lender and holders of Permitted Encumbrances).

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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