Common use of Warranty as to Title Clause in Contracts

Warranty as to Title. FCI represents and warrants unto Nominee that it -------------------- has transferred fee simple title to the Properties to Nominee. FCI further represents and warrants unto Nominee that the deeds of conveyance heretofore or that may hereafter be delivered to Nominee conveyed, or shall convey, to Nominee title subject only to (i) subdivision and condominium restrictions, covenants, etc., including timeshare declarations, (ii) road rights of way and easements, (iii) utility easements, (iv) the rights of Purchasers who have entered into the Sales Contracts, (v) other such miscellaneous restrictions and covenants, (vi) as to the Properties conveyed to Nominee prior to the date hereof, certain Mortgages to Fleet in its various capacities that were subsequently released, (vii) as to lands hereafter conveyed to Nominee, Mortgages, if any, that may be granted to the Fleet Collateral Agent or to Fleet acting as agent for the lenders of the "Senior Indebtedness" as that term is defined in the Consolidated Loan Agreement from time to time hereafter, and (viii) the terms of this Agreement.

Warranty as to Title. FCI Fairfield represents and warrants unto Nominee -------------------- that it -------------------- has transferred to Nominee fee simple title to all portions of the Properties Property heretofore conveyed to NomineeNominee under this Agreement. FCI Fairfield further represents and warrants unto Nominee that the deeds of conveyance heretofore or that may hereafter be delivered to Nominee conveyed, or shall convey, to Nominee title subject only to (i) subdivision and condominium restrictions, covenants, etc., including timeshare declarations, (ii) road rights of way and easements, (iii) utility easements, (iv) the rights of Purchasers who have entered into the Sales Contracts, (v) other such miscellaneous restrictions and covenants, (vi) as to the Properties conveyed to Nominee prior to the date hereof, certain Mortgages to Fleet in its various capacities that were subsequently released, (vii) as to lands hereafter conveyed to Nominee, Mortgages, if any, that may be granted to the Fleet Collateral Agent or to Fleet acting as agent for the lenders of the "Senior Indebtedness" as that term is defined in the Consolidated Loan Agreement from time to time hereafter, and (viii) the terms of this Agreement.

Warranty as to Title. FCI represents and warrants unto Nominee that it -------------------- has transferred to Nominee fee simple title to all portions of the Properties Property heretofore conveyed to NomineeNominee under this Agreement. FCI further represents and warrants unto Nominee that the deeds of conveyance heretofore or that may hereafter be delivered to Nominee conveyed, or shall convey, to Nominee title subject only to (i) subdivision and condominium restrictions, covenants, etc., including timeshare declarations, (ii) road rights of way and easements, (iii) utility easements, (iv) the rights of Purchasers who have entered into the Sales Contracts, (v) other such miscellaneous restrictions and covenants, (vi) as to the Properties conveyed to Nominee prior to the date hereof, certain Mortgages to Fleet in its various capacities that were subsequently released, (vii) as to lands hereafter conveyed to Nominee, Mortgages, if any, that may be granted to the Fleet Collateral Agent or to Fleet acting as agent for the lenders of the "Senior Indebtedness" as that term is defined in the Consolidated Loan Agreement from time to time hereafter, and (viii) the terms of this Agreement.