Clear Title. 1. Within 90 days of the execution of this Agreement by the Seller, the Seller shall deliver to the Buyer any abstracts of title and surveys for the Property that are in the Seller's possession or which the Seller might obtain possession of by reasonable efforts. The Buyer shall return to these items to the Seller if the closing never occurs and this Contract is terminated. At closing, the Seller shall pay for any update of the abstract of title information that might be necessary so as to enable the Buyer to obtain clear title for the Property. 2. Seller shall convey a marketable title, subject only to liens, encumbrances, exceptions, or qualifications set forth in this Agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of the Iowa State Bar Association and in accordance with law. 3. If the Buyer discovers that the title is defective, the Buyer shall notify the Seller in writing specifying the defect(s). If the defect(s) render the title unmarketable or uninsurable the Seller will have 120 days from receipt of notice within which to remove the defect(s), and if the Seller is unsuccessful in removing them within such time, the Buyer shall have the option of either accepting the title as it then is, or demanding a refund of all monies paid hereunder which shall forthwith be returned to the Buyer and thereupon the Buyer and the Seller shall be released as to one another of all further obligations under this Agreement. All expenses to clear title defects shall be paid by the Seller.
Appears in 2 contracts
Samples: Option Agreement (Prairie Creek Ethanol LLC), Assignment and Assumption Agreement (Prairie Creek Ethanol LLC)
Clear Title. 1. Within 90 days of the execution of this Agreement by the Seller, the Seller, at their expense, shall obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. Seller shall deliver to the Buyer also provide any abstracts of title and existing surveys for the Property that are in the Seller's possession or which the Seller might obtain possession of by reasonable efforts. The Buyer shall return to these items to the Seller if the closing never occurs and this Contract is terminated. At closing, the Seller shall pay for any update of the abstract of title information that might be necessary so as to enable the Buyer to obtain clear title for the Property.
2. Seller shall convey a marketable title, subject only to liens, encumbrances, exceptions, or qualifications set forth in this Agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of the Iowa State Bar Association and in accordance with law.
3. If the Buyer discovers that the title is defective, the Buyer shall notify the Seller in writing specifying the defect(s). If the defect(s) render the title unmarketable or uninsurable the Seller will have 120 days from receipt of notice within which to remove the defect(s), and if the Seller is unsuccessful in removing them within such time, the Buyer shall have the option of either accepting the title as it then is, or demanding a refund of all monies paid hereunder which shall forthwith be returned to the Buyer and thereupon the Buyer and the Seller shall be released as to one another of all further obligations under this Agreement. All expenses to clear title defects shall be paid by the Seller.
Appears in 2 contracts
Samples: Option Agreement (Prairie Creek Ethanol LLC), Assignment and Assumption Agreement (Prairie Creek Ethanol LLC)
Clear Title. 1. A. Within 90 14 days of the execution of this Agreement Commencement Date by the SellerSELLER, the Seller SELLER shall deliver to the Buyer BUYER any existing title insurance policies or abstracts of title and surveys for the Property property in that are in the SellerSELLER's possession or which the Seller SELLER might obtain possession of by reasonable efforts. The Buyer shall return to these items to the Seller if the closing never occurs and this Contract is terminated. At closing, the Seller SELLER shall pay for any update of the abstract of title information that might be necessary so as to enable the Buyer BUYER to obtain clear title insurance for the Property.
2. Seller B. SELLER shall convey a marketable title, subject only to liens, encumbrances, exceptions, or qualifications set forth in this Agreement Contract and those which shall be discharged by Seller SELLER at or before closing. Marketable title shall be determined according to applicable title standards Title Standards adopted by authority of the Iowa State Florida Bar Association and in accordance with law.
3. C. If the Buyer BUYER discovers that the title is defective, the Buyer BUYER shall notify the Seller SELLER in writing shall specifying the defect(s). If the said defect(s) render the title unmarketable or uninsurable the Seller SELLER will have 120 days from receipt of notice within which to remove the said defect(s), and if the Seller SELLER is unsuccessful in removing them within such said time, the Buyer BUYER shall have the option of either accepting the title as it then is, is or demanding a refund of all monies paid hereunder which shall forthwith be returned to the Buyer terminating this Agreement and thereupon the Buyer SELLER shall return any deposits that might have been made to the BUYER and the Seller both parties shall be released as to one another of all further obligations under this Agreement. All expenses to clear title defects shall be paid by the SellerSELLER.
Appears in 1 contract
Samples: Option Contract
Clear Title. 1. Within 90 days of the execution of this Agreement by the Seller, the Seller Buyer shall deliver to the Buyer Sellers any abstracts of title and surveys for the Property 28 Acres that are in the SellerBuyer's possession or which the Seller Buyer might obtain possession of by reasonable efforts. The Buyer Sellers shall return to these items to the Seller Buyer if the closing never occurs and this Contract is terminated. At closing, the Seller Buyer shall pay for any update of the abstract of title information that might be necessary so as to enable the Buyer Sellers to obtain clear title for the Property28 Acres.
2. Seller Buyer shall convey a marketable title, subject only to liens, encumbrances, exceptions, or qualifications set forth in this Agreement and those liens which shall be discharged by Seller Buyer at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of the Iowa State Bar Association and in accordance with law.
3. If the Buyer discovers Sellers discover that the title is defective, the Buyer Sellers shall notify the Seller Buyer in writing specifying the defect(s). If the defect(s) render the title unmarketable or uninsurable the Seller Buyer will have 120 days from receipt of notice within which to remove the defect(s), and if the Seller Buyer is unsuccessful in removing them within such time, the Buyer Sellers shall have the option of either accepting the title as it then is, or demanding a refund of all monies paid hereunder which shall forthwith be returned to the Buyer terminating this Option and thereupon the Buyer and the Seller Sellers shall be released as to one another of all further obligations under this Agreement. All expenses to clear title defects shall be paid by the SellerBuyer.
Appears in 1 contract
Clear Title. 1. Within 90 days of the execution of this Agreement by the Seller, the Seller shall deliver to the Buyer any abstracts of title and surveys for the Property that are in the Seller's possession or which the Seller might obtain possession of by reasonable efforts. The Buyer shall return to these items to the Seller if the closing never occurs and this Contract is terminated. At closing, the Seller shall pay for any update of the abstract of title information that might be necessary so as to enable the Buyer to obtain clear title for the Property.
2. Seller shall convey a marketable title, subject only to liens, encumbrances, exceptions, or qualifications set forth in this Agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of the Iowa State Bar Association and in accordance with law.
3. If the Buyer discovers that the title is defective, the Buyer shall notify the Seller in writing specifying the defect(s). If the defect(s) render the title unmarketable or uninsurable the Seller will have 120 days from receipt of notice within which to remove the defect(s), and if the Seller is unsuccessful in removing them within such time, the Buyer shall have the option of either accepting the title as it then is, or demanding a refund of all monies paid hereunder which shall forthwith be returned to the Buyer and thereupon the Buyer and the Seller shall be released as to one another of all further obligations under this Agreement. All expenses to clear title defects shall be paid by the Seller.. Option Agreement Xxxxxx Law Firm
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Clear Title. 1. Within 90 days of the execution of this Agreement by the Seller, the Seller shall deliver to the Buyer any abstracts of title and surveys for the Property that are in the Seller's possession or which the Seller might obtain possession of by reasonable efforts. The Buyer shall return to these items to the Seller if the closing never occurs and this Contract is terminated. 6.1 At closing, the Seller shall pay for any update of the abstract of title information that might be necessary so as to enable the Buyer to obtain clear title for the Property.
2. Seller Closing SELLER shall convey a fee simple, freely transferable and fully marketable title, subject only to liensmonetary encumbrances caused or approved by BUYER, encumbrancesmatters appearing on a recorded plat or otherwise common to the subdivision where the Property is located, exceptionspublic utility easements of record, or qualifications set forth in this Agreement assumed mortgages and those which shall be discharged purchase money mortgages, if any, general and special taxes and assessments not yet delinquent, zoning, building and other governmental and quasi-governmental laws, codes and regulations (collectively, “Permitted Exceptions”) as evidenced by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority the issuance of an ALTA Owner’s Policy as of the Iowa State Bar Association and in accordance with lawClosing Date.
3. 6.2 If prior to Closing the Buyer BUYER discovers that the title is defective, the Buyer BUYER shall notify the Seller SELLER in writing specifying the defect(s). If the said defect(s) render the title unmarketable or uninsurable the Seller SELLER will have 120 15 business days from receipt of notice within which to remove the said defect(s), and if the Seller . The Closing Date shall also be extended up to 15 business days to allow for said removal. If SELLER is unsuccessful in removing them such defect(s) within such timesaid extended period, the Buyer BUYER shall have the option choice of either accepting the title as it then is, is or demanding a refund of all monies paid hereunder which shall forthwith be returned to the Buyer terminating this Contract and thereupon the Buyer SELLER shall return the Deposit and the Seller both parties shall be released as to one another of all further obligations under this AgreementContract. All The SELLER shall pay all expenses to clear title defects shall other than liens of lienholders to be paid by out of proceeds of the SellerPurchase Price.
Appears in 1 contract
Samples: Short Sale Addendum