Common use of Title to the Property Clause in Contracts

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

Appears in 2 contracts

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

Title to the Property. Each Individual Borrower will warrant and defend (a) the title to its Individual 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 the Mortgage on each Individual Propertyand the Assignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its Individual the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

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

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

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

Appears in 2 contracts

Sources: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Title to the Property. Each Individual Borrower will shall cause Mortgage Borrower to warrant and defend (a) the title to its Individual 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 the Mortgage Security Instrument on each Individual the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in its Individual Propertythe Property (or any portion thereof), other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Sources: Mezzanine Loan Agreement, Mezzanine Loan Agreement (TNP Strategic Retail Trust, Inc.)

Title to the Property. Each Individual Borrower will warrant and defend (aa ) the title to its Individual the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (bb ) the validity and priority of the Lien of the Mortgage on each Individual PropertySecurity Instrument and the Assignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its Individual the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Sources: Loan Agreement (Cousins Properties Inc)

Title to the Property. Each Individual Borrower will warrant and defend (a) the title to its Individual 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 the Mortgage Security Instrument and the Assignment of Leases on each Individual the Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its Individual the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Sources: Loan Agreement (Behringer Harvard Reit I Inc)

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

Appears in 1 contract

Sources: Loan Agreement (Banyan Strategic Realty Trust)

Title to the Property. Each Individual Borrower will warrant and defend (a) the title to its Individual 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 the Mortgage on each Individual Propertyand the Assignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any reasonable and actual out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in its Individual the Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Sources: Loan Agreement (City Office REIT, Inc.)