Title to the Pledged Collateral. Borrower shall warrant and defend (a) its title to the Collateral, subject only to the Lien of the Loan Documents, (b) the validity and priority of the Lien under the Pledge Agreement and other Loan Documents on the Collateral, subject only to the Lien of the Loan Documents and (c) Borrower shall cause Mortgage Borrower to warrant and defend (i) its title to the Property and every part thereof, subject only to Permitted Encumbrances and (ii) the validity and priority of the Liens of the Mortgage 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 court costs) incurred by Lender if an interest in the Property or the Collateral, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Pledged Collateral. Borrower shall warrant and defend (a) its title to the Collateral, subject only to the Lien of the Loan Documents, (b) the validity and priority of the Lien under the Pledge Agreement and other Loan Documents on the Collateral, subject only to the Lien of the Loan Documents and (c) Borrower shall cause Mortgage Senior Borrower to warrant and defend (i) its title to the Property applicable Senior Collateral and every part thereof, subject only to Permitted Encumbrances and (ii) the validity and priority of the Liens of the Mortgage Senior Loan Documents on the Propertyapplicable Senior Collateral, 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 court costs) incurred by Lender if an interest in the Property any Senior Collateral or the Collateral, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Sources: Second Mezzanine Loan Agreement (Clipper Realty Inc.)
Title to the Pledged Collateral. Borrower shall will warrant and defend (a) its the title to the Collateral, subject only to the Lien of the Loan Documents, (b) the validity and priority of the Lien under the Pledge Agreement and other Loan Documents on the Collateral, subject only to the Lien of the Loan Documents and (c) Borrower shall cause Mortgage Borrower to warrant and defend (i) its title to the Property Pledged Collateral and every part thereof, subject only to Permitted Encumbrances Liens permitted hereunder and (iib) the validity and priority of the Liens of the Mortgage on the PropertyLoan Documents, subject only to Permitted EncumbrancesLiens permitted hereunder, 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 court costs) incurred by Lender if an interest in any portion of the Property or the Pledged Collateral, other than as permitted hereunder, is claimed by another Person. Without Lender’s prior written consent, Borrower shall not create, incur, assume, permit or suffer to exist any Lien on all or any portion of the Pledged Collateral or any direct or indirect legal or beneficial ownership interest in Borrower, except Liens in favor of Lender.
Appears in 1 contract
Sources: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)