200107256 - Laserfiche WebLink

Browse

200107956 schedule of exceptions to coverage in any title insurance policy insuring Mortgagee's interest in the Mortgaged Property (the "Permitted Liens "), and that Grantor will forever defend the same against all lawful claims other than Permitted Liens. The following provisions shall also constitute an integral part of this Deed of Trust: 1. Payment of Obligations. Grantor agrees to pay, when due or declared due in accordance with the Note, the Loan Agreement or the other Loan Documents, all of the Obligations secured hereby. 2. Representations and Warranties. Grantor hereby covenants, represents and warrants that: (a) Grantor is duly authorized to make and enter into this Deed of Trust and to carry out the transactions contemplated herein. (b) This Deed of Trust has been duly executed and delivered pursuant to authority legally adequate therefor; Grantor has been and is authorized and empowered by all necessary persons having the power of direction over it to execute and deliver said instrument; said instrument is a legal, valid and binding obligation of Grantor, enforceable in accordance with its terms, subject, however, to bankruptcy and other law, decisional or statutory, of general application affecting creditors' rights and remedies, and to the fact that the availability of the remedy of specific performance or of injunctive relief in equity is subject to the discretion of the court before which any proceeding therefor may be brought. (c) Grantor is not now in default under any instruments or obligations relating to the Mortgaged Property and no party has asserted in writing any claim of default against Grantor relating to the Mortgaged Property. (d) The execution and performance of this Deed of Trust and the consummation of the transactions hereby contemplated will not result in any breach of, or constitute a default under, any mortgage, lease, bank loan, or credit agreement, trust indenture, or other instrument to which Grantor is a party or by which it may be bound or affected; nor do any such instruments impose or contemplate any obligations which are or may be inconsistent with any other obligations imposed on Grantor under any other instrument(s) heretofore or hereafter delivered by Grantor. (e) There are no material actions, investigations, suits or proceedings (including, without limitation, any condemnation or bankruptcy proceedings) pending or threatened against or affecting Grantor or the Mortgaged Property, or which may adversely affect the validity or enforceability of this Deed of Trust, at law or in equity, or before or by any governmental authority; Grantor is not in default with respect to any writ, injunction, decree or demand of any court or any governmental authority affecting the Mortgaged Property. In 003.302830.1