Title to the Properties. Borrower shall warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages on the Properties, subject only to Liens permitted hereunder (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 2 contracts
Sources: Loan Agreement (MGM Growth Properties Operating Partnership LP), Loan Agreement (Hilton Worldwide Holdings Inc.)
Title to the Properties. Borrower shall will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages on and the PropertiesAssignments of Leases, subject only to Liens permitted hereunder (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 2 contracts
Sources: Loan Agreement (BlueLinx Holdings Inc.), Loan Agreement (Highland Hospitality Corp)
Title to the Properties. Borrower shall will warrant and defend (ai) the title to each Individual 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 Liens Lien of the Mortgages on the Propertieseach Mortgage, subject only to Liens permitted hereunder under the Loan Documents (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 2 contracts
Sources: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
Title to the Properties. Each Individual Borrower shall will warrant and defend (a) the title to each its Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Mortgages Mortgage on the Propertieseach 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 court costsexpenses) incurred by Lender if an interest in any its Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 2 contracts
Sources: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)
Title to the Properties. Borrower shall will warrant and defend (ai) the title to each Individual Property the Properties 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 Liens Lien of the Mortgages on the PropertiesMortgages, subject only to Liens permitted hereunder under the Loan Documents (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Sources: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)
Title to the Properties. Borrower shall warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages on the Properties, subject only to Liens permitted hereunder (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower shall will warrant and defend (a) the title to each Individual the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Mortgages on the Properties, subject only to Liens permitted hereunder (including 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 costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Sources: Loan Agreement (Sun Communities Inc)
Title to the Properties. Borrower shall will warrant and defend (a) the fee title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages on the PropertiesSecurity Instruments and Assignment of Leases, subject only to Liens permitted hereunder (including 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 costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower shall will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Mortgages on Security Instrument and the PropertiesAssignment of Leases, subject only to Liens permitted hereunder (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower shall will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages on Mortgage and the PropertiesAssignment of Leases, subject only to Liens permitted hereunder (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Sources: Loan Agreement (Sabre Corp)
Title to the Properties. Borrower and Operating Lessee shall warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages on the Properties, subject only to Liens permitted hereunder (including 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 any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract