Common use of Ownership of the Properties Clause in Contracts

Ownership of the Properties. The Owner hereby represents that it holds good and marketable fee title to the Properties and other customary liens encumbrances (including financing encumbrances) or charges previously disclosed to the Manager, and that it will keep and maintain such title in the Properties free and clear of any and all liens, encumbrances or other charges, except as follows: 1. Liens, encumbrances or charges described above in this Section 3.01; 2. Easements or other encumbrances (other than those described below) that do not materially adversely affect the operation of the Properties by the Manager; 3. Reciprocal easements, licenses or rights appurtenant that do not affect the utility of the Properties; 4. Mortgages, deeds of trust, deeds to secure debt, or similar security instruments; and 5. Liens for taxes, assessments, levies or other public charges not yet due or that are being contested in good faith.

Ownership of the Properties. The Owner hereby represents that it --------------------------- holds good and marketable fee title to the Properties and other customary liens encumbrances (including financing encumbrances) or charges previously disclosed to the Manager, and that it will keep and maintain such title in the Properties free and clear of any and all liens, encumbrances or other charges, except as follows: 1. Liens, encumbrances or charges described above in this Section 3.01; 2. Easements or other encumbrances (other than those described below) that do not materially adversely affect the operation of the Properties by the Manager; 3. Reciprocal easements, licenses or rights appurtenant that do not affect the utility of the Properties; 4. Mortgages, deeds of trust, deeds to secure debt, or similar security instruments; and 5. Liens for taxes, assessments, levies or other public charges not yet due or that are being contested in good faith.