Common use of TO HAVE AND TO HOLD Clause in Contracts

TO HAVE AND TO HOLD. the said Premises A above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever. AND the Grantor, for itself and its successors, does covenant, xxxxx and agree, to and with the Grantee, its successors and assigns, by these presents, that it, the said Grantor and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns against it, the Grantor and its successors, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, them or any of them, shall and will, UNDER AND SUBJECT as aforesaid, WARRANT and forever DEFEND. AS TO PREMISES B: TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted Premises B belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, if any, of it, the Grantor, as well at law as in equity, or otherwise howsoever, of, in, and to the same and every part thereof. TO HAVE AND TO HOLD the said Premises B above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever, WITHOUT WARRANTY.

TO HAVE AND TO HOLD. the Said Apartment And the said Premises A above described Common Area Share And User Rights (both, hereinafter, collectively referred to as the “SAID APARTMENT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser absolutely and forever free from all encumbrances, whatsoever, together with the improvements thereon erectedall benefits and advantages, hereditaments and premises hereby grantedrights, or mentioned and intended so to beliberties, with the appurtenanceseasements, unto the Granteeprivileges, its successors and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever. AND the Grantor, for itself and its successors, does covenant, xxxxx and agree, to and with the Grantee, its successors and assigns, by these presents, that it, the said Grantor and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns against it, the Grantor and its successorsappendages, and against all and every person and persons whomsoever lawfully claiming appurtenances whatsoever belonging to the Said Apartment And The Rights Appurtenant Thereto or to claim the same in anywise appertaining thereto, or any part thereof, byusually held. Used, from occupied, accepted, enjoyed, reputed or under itknown as part or parcel thereof AND the reversion or reversions, them remainder or any of them, shall and will, UNDER AND SUBJECT as aforesaid, WARRANT and forever DEFEND. AS TO PREMISES B: TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted Premises B belonging, or in any wise appertainingremainders, and the reversions and remainders, rents, issues issues, and profits thereof; and of the Said Apartment And The Rights Appurtenant Thereto AND all the estate, rightrights, title, interest, property, claim and demand demand, whatsoever, if anyof the Promoter into or upon the Said Apartment And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of itwhich shall be and be deemed always deemed to be covenants running with the land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the GrantorSaid Apartment And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, as well at law as AND PROVIDED ALWAYS THAT the undivided proportionate share in equity, or otherwise howsoever, of, in, the Common Areas and the right of user and enjoyment thereof shall always be deemed to have been conveyed to the same and every part thereof. TO HAVE AND TO HOLD Purchaser by the said Premises B above described together Promoters with the improvements thereon erectedSaid Apartment even though the same, hereditaments and premises hereby granted, or be not expressly mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behalf in any further conveyance and/or instrument of the Grantee, its successors and assigns forever, WITHOUT WARRANTYtransfer.

TO HAVE AND TO HOLD. the said Premises A above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, same unto the GranteeAssignee, its successors and assigns, from and after the date hereof subject to the terms, covenants, conditions and for provisions contained in the only proper use Leases. This assignment is made without warranty or representation, express or implied, by, or recourse against, the Assignor of any kind or nature whatsoever except as specifically provided in that certain Purchase and behalf Sale Agreement dated as of October 1, 2010 between BSC 387, LLC, 382/384 Perry Retail, LLC, Bleecker Street Condo, LLC, and 382/384 Bleecker, LLC, as Seller, and American Realty Capital II, LLC, as Purchaser (the “Purchase Agreement”). The Assignee hereby assumes the performance of all of the Granteeterms, its successors covenants and assigns foreverconditions of the Leases herein assigned by the Assignor to the Assignee from and after the date hereof and hereby agrees to perform all of the terms, covenants and conditions contained in the Leases from and after the date hereof, all with the full force and effect as if Assignee had signed the Leases originally as the landlord named therein. AND Assignor shall remain liable and responsible for any unperformed obligations under the Grantor, Leases which arose prior to the date of this Agreement. Assignee does hereby for itself and its successorslegal representatives, does covenantsuccessors and assigns agree to indemnify and save harmless Assignor and its legal representatives, xxxxx and agree, to and with the Grantee, its successors and assigns, from and against any and all claims, costs, charges, expenses, losses and fees, including, but not limited to, reasonable attorneys’ fees, incurred by these presentsAssignor, that itarising from or as a result of Assignee’s acts or omissions, arising from and after the date hereof, asserted by any of said Grantor tenants or any person or persons claiming under any of them with respect to any such Leases. Assignor does hereby for itself and its successorslegal representatives, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns against it, the Grantor agree to indemnify and save harmless Assignee and its successorslegal representatives, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, them or any of them, shall and will, UNDER AND SUBJECT as aforesaid, WARRANT and forever DEFEND. AS TO PREMISES B: TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted Premises B belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, if any, of it, the Grantor, as well at law as in equity, or otherwise howsoever, of, in, and to the same and every part thereof. TO HAVE AND TO HOLD the said Premises B above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, from and against any and all claims, costs, charges, expenses, losses and fees, including, but not limited to, reasonable attorneys’ fees, incurred by Assignee, arising from or as a result of Assignor’s acts or omissions, arising prior to and for the only proper use and behalf date hereof, asserted by any of said tenants or any person or persons claiming under any of them with respect to any such Leases. This Agreement may be executed in counterparts, which counterparts, when taken together, shall constitute a single agreement. Rent collected under the Leases shall be treated in accordance with the requirements of Section 11.2 of the GranteePurchase Agreement, its successors and assigns forever, WITHOUT WARRANTYwhich is incorporated herein by this reference.

TO HAVE AND TO HOLD. all of the said Premises A above described together with the improvements thereon erectedproperties, hereditaments assets and premises hereby granted, or mentioned rights granted and intended so to betransferred hereby, with the appurtenancesappurtenances thereof, unto Buyer, its successors and assigns forever, for their own use and benefit. For the Granteeconsideration aforesaid, Seller hereby constitutes and appoints Buyer, its successors and assigns, the true and lawful attorney or attorneys of Seller, with full power of substitution, for Seller and in its name and stead, or otherwise, but on behalf and for the benefit of Buyer, its successors and assigns, to demand and receive from time to time, any and all properties hereby given, granted, bargained, sold, assigned, transferred, conveyed, set over, confirmed and delivered and give receipts and releases for and in respect of the same and any part thereof, and from time to time to institute and prosecute in the name of Seller or otherwise, but for the only proper use and behalf benefit of the Grantee, its successors and assigns forever. AND the Grantor, for itself and its successors, does covenant, xxxxx and agree, to and with the GranteeBuyer, its successors and assigns, by these presentsany and all proceedings at law, that itin equity or otherwise, the said Grantor and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Granteewhich Buyer, its successors or assigns, may deem proper in order to collect, assert or enforce any claim, right or title of any kind in and assigns against itto the properties hereby given, the Grantor and its successorsgranted, and against all and every person and persons whomsoever lawfully claiming bargained, sold, assigned, transferred, set over, conformed, delivered or to claim the same or any part thereof, by, from or under it, them or any of them, shall and will, UNDER AND SUBJECT as aforesaid, WARRANT and forever DEFEND. AS TO PREMISES B: TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted Premises B belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, if any, of it, the Grantor, as well at law as in equity, or otherwise howsoever, of, inconveyed, and to the same defend or compromise any or all actions, suits or proceedings in respect of any said properties and every part thereof. TO HAVE AND TO HOLD the said Premises B above described together with the improvements thereon erected, hereditaments do all such acts and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Granteethings in relation thereto as Buyer, its successors and assigns, to shall deem advisable, Seller hereby declaring that the appointment made and the powers hereby granted are coupled with an interest and are and shall be irrevocable by Seller in any manner and for any reason. Seller for itself and its successors and assigns, does hereby covenant with Buyer, its successors and assigns, that Seller and its successors and assigns will do, execute, acknowledge and deliver, or will cause to be done, executed, acknowledged and delivered all such further acts, deeds, bills of sale, transfers, assignments and conveyances, powers of attorney, conveying and confirming unto Buyer, its successors and assigns, all and singular, the only proper use properties hereby granted, sold, assigned, transferred, conveyed and behalf of delivered as Buyer, its successors or assigns, shall reasonably require, provided, however, that the GranteeBuyer, its successors and assigns forevershall prepare all necessary documentation in conformity with the terms and conditions of the Agreement. This Bill of Sale and General Assignment of Assets may be executed in xxx or more counterparts, WITHOUT WARRANTYeach of which shall be an original, but which together shall constitute one and the same instrument.

TO HAVE AND TO HOLD. all and singular, the said Premises A above described together with properties and the improvements thereon erectedrights and privileges hereby conveyed, hereditaments assigned and premises hereby granted, pledged by the Corporation or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors Trustee and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever; IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth: FIRST: with power of sale and for the equal and pro rata benefit and security of each and every owner of the Bonds issued and to be issued hereunder, without preference, priority or distinction as to participation in the lien, benefit and protection hereof of one Bond over or from the others, by reason of priority in the issue or negotiation or maturity thereof, or for any other reason whatsoever, except as herein otherwise expressly provided, so that each of such Bonds shall have the same right, lien and privilege under this Indenture and shall be equally secured hereby with the same effect as if the same shall have been made, issued and negotiated simultaneously with the delivery hereof and were expressed to mature on one and the same date; SECOND; subject to the first priority security interest in the Trust Estate pledged to the payment of the Bonds, with power of sale and for the equal and pro rata benefit and security of each and every owner of Subordinated Indebtedness issued and to be issued hereunder, without preference, priority or distinction as to participation in the lien, benefit and protection hereof of any Subordinated Indebtedness over or from the others, by reason of priority in the issue or negotiation or maturity thereof, or for any other reason whatsoever, except as herein otherwise expressly provided, so that each of such Subordinated Indebtedness shall have the same right, lien and privilege under this Indenture and shall be equally secured hereby with the same effect as if the same shall have been made, issued and negotiated simultaneously with the delivery hereof and were expressed to mature on one and the same date; PROVIDED, NEVERTHELESS, that these presents are upon the express condition that if the Corporation or its successors or assigns shall well and truly pay or cause to be paid the principal of such Secured Obligations with interest, according to the provisions set forth in the Secured Obligations, respectively and each of them or shall provide for the payment of (i) Bonds by depositing or causing to be deposited with the Trustee the entire amount of funds or securities requisite for payment thereof, when and as authorized by the provisions of Section 12.01 of this Indenture and (ii) Subordinated Indebtedness in accordance with the provisions of the Supplemental Indenture pursuant to which such Subordinated Indebtedness was issued, and shall also pay or cause to be paid all other sums payable hereunder by the Corporation, then these presents and the estate and rights hereby granted shall cease, determine and become void, and thereupon the Trustee, on payment of its lawful charges and disbursements then unpaid, on demand of the Corporation and upon the payment of the cost and expenses thereof, shall duly execute, acknowledge and deliver to the Corporation such instruments of satisfaction or release as may be specified by the Corporation as necessary or proper to discharge this Indenture, including, if appropriate, any required discharge of record, and if necessary shall grant, reassign and deliver to the Corporation, its successors or assigns, all and singular the property, rights, privileges and interest by it hereby granted, conveyed and assigned, and all substitutes therefor, or any part thereof, not previously disposed of or released as herein provided; otherwise this Indenture shall be and remain in full force. PROVIDED FURTHER, NEVERTHELESS, that the Trust Estate shall not include the proceeds of any Secured Obligations held in the City Proceeds Account or any other proceeds of the Secured Obligations paid to or at the direction of the City pursuant to a Direction Letter, but shall include the proceeds of the Secured Obligations held in the Capitalized Interest Account, and such proceeds shall forever be free and clear of any right, title or interest therein, or claim or lien thereupon of the Trustee or the holders of Secured Obligations. IT IS HEREBY COVENANTED, DECLARED AND AGREED by and between the Grantorparties hereto that all Secured Obligations are to be issued, authenticated and delivered, and that all Sales Tax Revenues and any other property or amounts pledged to the payment of the Secured Obligations are to be held and applied, subject to the further covenants, conditions, releases, uses and trusts hereinafter set forth, and the Corporation, for itself and its successors, does covenant, xxxxx hereby covenant and agree, agree to and with the Grantee, its successors and assigns, by these presents, that it, the said Grantor Trustee and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee, its respective successors and assigns against it, the Grantor and its successors, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, them or any of them, shall and will, UNDER AND SUBJECT in said trust as aforesaid, WARRANT and forever DEFEND. AS TO PREMISES B: TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted Premises B belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, if any, of it, the Grantor, as well at law as in equity, or otherwise howsoever, of, in, and to the same and every part thereof. TO HAVE AND TO HOLD the said Premises B above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever, WITHOUT WARRANTY.follows:

TO HAVE AND TO HOLD. the said Premises A above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever. AND the Grantor, for itself and its successors, does covenant, xxxxx grant and agree, to and with the Grantee, its successors and assigns, by these presents, that it, the said Grantor and its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns against it, the Grantor and its successors, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under it, them or any of them, shall and will, UNDER AND SUBJECT as aforesaid, WARRANT and forever DEFEND. AS TO PREMISES B: TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted Premises B belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, if any, of it, the Grantor, as well at law as in equity, or otherwise howsoever, of, in, and to the same and every part thereof. TO HAVE AND TO HOLD the said Premises B above described together with the improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the Grantee, its successors and assigns, to and for the only proper use and behalf of the Grantee, its successors and assigns forever, WITHOUT WARRANTY.