Title to Mortgaged Property and Lien of this Instrument Clause Samples

Title to Mortgaged Property and Lien of this Instrument. Grantor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances and the other Permitted Liens. This Deed to Secure Debt creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Title to Mortgaged Property and Lien of this Instrument. Mortgagor has valid fee simple title to the Mortgaged Property free and clear of any liens, claims or interests, except Permitted Liens. Upon recordation in the official real estate records in the county (or other applicable jurisdiction) in which the Premises are located, this Mortgage will constitute a valid and enforceable mortgage lien, with record notice to third parties, on the Mortgaged Property in favor of Mortgagee for the benefit of the Secured Parties subject only to Permitted Liens.

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.

Title to Mortgaged Property and Lien of this Instrument. With respect to the property identified at Exhibit A hereto, Grantor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except for Permitted Liens, or matters disclosed in title opinions delivered to Beneficiary by counsel to Grantor contemporaneously herewith, and this Deed of Trust creates valid, enforceable first priority liens and security interests against the Mortgaged Property identified at Exhibit A. With respect to the Mortgaged Property identified at Exhibit B and Exhibit C hereto, Grantor does not warrant title, but to Grantor’s knowledge Grantor owns, or has valid leasehold rights to, as applicable, the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Liens, and this Deed of Trust creates valid, enforceable liens and security interests against the Mortgaged Property only to the extent of Grantor’s interests therein. Adverse matters of title that are known to Grantor and which are material to the continuing business operations of Grantor are disclosed on the Exhibits, where applicable. If adverse matters of title which are material to the continuing business operations of Grantor arise at any future time during which this Deed of Trust remains in force, Grantor will promptly advise Credit Facility Agent in writing as to such matters.

Title to Mortgaged Property and Lien of this Instrument. Mortgagor owns the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances, Permitted Liens and minor defects in title that do not materially interfere with its ability to conduct its business or to utilize such assets for their intended purposes. This Mortgage creates valid, enforceable first priority liens and security interests against the portions of the Mortgaged Property that may be perfected by the filing of a mortgage, assignment of leases and rents or fixture filing in the state of [STATE], except for Permitted Encumbrances and Permitted Liens.

Title to Mortgaged Property and Lien of this Instrument. ▇▇▇▇▇▇▇▇▇ owns the Mortgaged Property free and clear of any liens, claims or interests other than Permitted Liens (as defined in the Credit Agreement). This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property, subject only to the Permitted Liens.

Title to Mortgaged Property and Lien of this Instrument. Grantor warrants that Grantor has a good and insurable fee estate in and to the Land and each of the Improvements thereon, has the full power, authority and right to execute, deliver and perform its obligations under this Deed of Trust and to encumber, mortgage, transfer, give, grant, bargain, sell, alienate, enfeoff, convey, confirm, warrant, pledge, assign and hypothecate the same and that, except for Permitted Liens, Grantor possesses an unencumbered fee estate in the Land and an unencumbered fee or leasehold estate in the Improvements and that it owns the other Mortgaged Property free and clear of any Liens, claims or interests except for Permitted Liens. This Deed of Trust creates valid, enforceable first priority Liens and security interests against the Mortgaged Property subject only to Permitted Liens.

Title to Mortgaged Property and Lien of this Instrument. Mortgagor has (i) good, sufficient and legal title to (in the case of fee interests in real property comprising the Mortgaged Property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property comprising the Mortgaged Property), and (iii) good and marketable title to (in the case of all other personal property comprising the Mortgaged Property), the Mortgaged Property free and clear of any Liens, claims or interests, except the Permitted Encumbrances. Mortgagor has and will continue to have full power and lawful authority to grant, release, convey, assign, transfer, mortgage, pledge, hypothecate and otherwise create the Liens on the Mortgaged Property as provided herein. The Mortgaged Property is accurately, completely, adequately and sufficiently described herein and in Exhibits A and B as required by applicable laws for this Mortgage to create a Lien on all of the Mortgaged Property.

Title to Mortgaged Property and Lien of this Instrument. Mortgagor has good and marketable title to the Mortgaged Property free and clear of any liens, claims or interests, except the Permitted Encumbrances, and has rights and the power to transfer each item of the Mortgaged Property. This Mortgage creates valid, enforceable first priority liens and security interests against the Mortgaged Property.