HomeMy WebLinkAbout2337 ARTICLE IV
4. Representations and Warranties. In order to
induce the Beneficiaries to purchase the Notes, the Company
repres-ents and warrants that it (a) has full power, authority
and legal right to execute and deliver this Indenture and the
Individual Mortgages and to encumber the Properties as provided
herein and (b) has good and marketable fee simple title to the
Properties, free and clear of all liens and encumbrances except
this Indenture, the Individual riortgages and Perr.u.tted Encum-
Yirances. The Individual Mortgages and this Indenture constitute
valid first mortgages on, or first deeds of trust of, all
of the Properties, and the Company, at its expense, will
warrant and defend its title to the Properties and the secu-
rity priority of the Individual Mortgages and this Indenture
thereon against all claims and demands and will maintain and
preserve such security priority as long as any indebtedness
secured by this Indenture remains outstanding.
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; ARTICLE V
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' S. Affirmative Covenants. Until this Indenture
' and the lien created ereby shall terminate in accordance with
~ Article XXVI the Company shall:
~ ;
Y (a) Recordation, Filing, etc. At all times
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~ cause the Individual t~iortgages and each amendment or
~ modification thereof or supplement thereto and finan-
~ cing s tatements and continuation statements in respect
~ of the Fixtures to be recorded, registered and filed and '
kept recorded, regis tered and filed in such manner and `
~ in such places as appropriate, and comply with all %
~ applicable statutes and regulations, in order to establish,
~ preserve and protect the security priority of the Indivi-
~ dual Mortgages and this Indenture on the Properties and ;
the rights of the Trustees and the Beneficiaries there-
~ under and hereunder. The Company shall pay, or cause
to be paid, all taxes, fees and other charges incurred
in connection with such recording, registration, filing
and compliance. ~
(b) Maintenance and Repairs. Keep and maintain
cr cause Lessee to keep and maintain each Property in good
order, repair and operating condition (ordinary wear and
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