Common use of Title to the Property Clause in Contracts

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

Appears in 8 contracts

Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

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Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereof, subject only to Permitted Encumbrances, and (b) the validity and priority of the Lien of each of the Security InstrumentsInstrument and the Assignment of Leases, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any actual losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (First Capital Real Estate Trust Inc), Loan Agreement (Hudson Pacific Properties, L.P.)

Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereof, subject only to Permitted Encumbrances, and (b) the validity and priority of the Lien of each of the Security InstrumentsInstrument and the Assignment of Leases, subject only to 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 the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Title to the Property. Borrower will shall warrant and defend (a) the its title to the Property and every part thereof, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien of each Liens of the Security InstrumentsInstrument and the Assignment of Leases on the Property, subject only to 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 the Property, other than as permitted hereunder, is claimed by another PersonPerson (provided, however, that Lender shall not be entitled to double recovery from both Borrower and under the Title Insurance Policy).

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereof, subject only to Permitted Encumbrances, and (b) the validity and priority of the Lien of each of the Security InstrumentsInstrument and the Assignment of Leases, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including attorneys’ fees and expenses, and court costs) Losses incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.)

Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances, ) and (b) the validity and priority of the Lien of each the Mortgage and the Assignment of the Security InstrumentsLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Bxxxxxxx shall reimburse Lender for any losses, costs, damages or expenses (including attorneys’ fees and expenses, and court costs) Losses incurred by Lender Lxxxxx if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Building Loan Agreement (ACRES Commercial Realty Corp.)

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Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereofeach Individual Property, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien of each Security Instrument, each Assignment of Leases and the Security Instrumentsother Loan Documents on each Individual Property, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender on demand for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) incurred by Lender if an interest in the any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)

Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereofProperty, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien of each of the Security InstrumentsInstrument, the Assignment of Leases and the other Loan Documents on the Property, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender on demand for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, Property is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (AmREIT, Inc.)

Title to the Property. Borrower will warrant and defend (a) the title to the Property and every part thereofProperty, subject only to Permitted Encumbrances, Encumbrances and (b) the validity and priority of the Lien of each of the Security InstrumentsInstrument, the Assignment of Leases and the other Loan Documents, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender on demand for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses, and court costs) incurred by Lender if an interest in the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust Iv, Inc.)

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