Common use of Costs of Title Company and Closing Costs Clause in Contracts

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) below, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing Survey, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's escrow and closing fees, if any, and (vi) all recording fees; (b) Seller will pay (i) the portion of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b), (ii) 1/2 of all of the Title Company's escrow and closing fees, (iii) Seller's attorneys' fees, and (iv) the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Maguire Properties Inc), Agreement of Sale and Purchase (Maguire Properties Inc)

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Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining all endorsements to the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowPolicy, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Surveys, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all any mortgage recording fees;fees for any financing obtained by Purchaser in connection with Closing. (b) Seller will pay (i) the portion of the all basic premium costs for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Policy, (ii) the cost of the Updated Surveys, (iii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iiiiv) Seller's ’s attorneys' fees, and (ivv) prepayment penalties or premiums incurred by Seller with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the applicable Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Sale and Purchase Agreement (Preferred Apartment Communities Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) below, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (ii) Purchaser’s attorney’s fees, (iii) the costs associated with of any modifications, updates, update or recertifications re-certificate of the Existing Updated Survey, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (viv) all any mortgage recording tax or recording fees;. (b) Seller will pay (i) the portion of the premium costs for obtaining primary and extended coverage under the Title Policy applicable to CLTA coverage, and for the cost for (but not any endorsement with respect to liens described in Section 6.2(bendorsements thereto), (ii) the cost of the Updated Survey, (iii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iiiiv) Seller's ’s attorneys' fees, (v) prepayment penalties or premiums and other amounts payable with respect to prepaying the Property’s existing mortgage indebtedness at Closing (if any); (vi) all real estate excise taxes (including, without limitation, any city, county and state taxes) at Closing, and (ivvii) the documentary transfer tax due in connection with commission payable by Seller pursuant to Section 11.1 below to Broker for the conveyance of the Real Property and Improvements to Purchaser;transaction contemplated by this Agreement (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy Policies and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletionsPurchaser’s attorney’s fees, (iii) the costs associated with of any modifications, updates, update or recertifications re-certification of the Existing Updated Survey, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (viv) all any mortgage recording fees;tax. (b) Seller Sellers will pay (i) the portion cost of the premium for Updated Title Commitment and the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Survey, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's Sellers’ attorneys' ’ fees, (iv) all transfer and excise taxes (including, without limitation, for any city, county and state, and specifically including the applicable deed registration tax), (v) prepayment penalties or premiums incurred by Sellers with respect to prepaying the Property’s existing mortgage indebtedness at Closing (if any), (vi) the recording fees, and (ivvii) all costs incurred to repay any liens on the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;created by Sellers. (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller Sellers in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Surveys, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all any intangible recording fees;tax or recording fees for any financing obtained by Purchaser in connection with Closing. (b) Seller Sellers will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Surveys, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's Sellers’ attorneys' fees’ fees (iv) transfer tax and recording fees payable upon recordation of the Deeds, and (ivv) prepayment penalties or premiums incurred by Sellers with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller Sellers in accordance with the custom in the county in which the applicable Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, endorsements to the Title Policy except for the portion thereof payable by Seller pursuant to Section 10.6(b) below), (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, (v) any mortgage recording tax or recording fees, if any, and (vi) all recording fees;the premium for the R&W Insurance Policy. (b) Seller will pay from the Purchase Price out of escrow at Closing: (i) the portion of the base premium for the basic Title Policy applicable to CLTA coverage, and for the cost for of any endorsement with respect to liens described matters for which Seller has agreed to obtain affirmative insurance pursuant to and in accordance with Section 6.2(b)6.2, (ii) the cost of the Updated Survey, (iii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iiiiv) Seller's ’s attorneys' fees, and (ivv) the documentary any applicable real estate excise or transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;tax. (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Costs of Title Company and Closing Costs. Costs of the Escrow Agent, Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowendorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insuranceinsurance obtained by Purchaser, including but not limited to any endorsements or deletions, (iii) the cost of the Existing Survey and the costs associated with any modifications, updates, or recertifications of the Existing Survey, (iv) Purchaser's ’s attorney's ’s fees; (v) 1/2 of all of the Title Company's Escrow Agent’s escrow and closing fees, if any, (vi) any intangibles tax imposed as result of Purchaser’s financing (if any), (vii) 1/2 of the transfer tax resulting from the conveyance of the Property and (viviii) all recording fees; (b) Seller will pay (i) the portion 1/2 of the premium for transfer tax resulting from the Title Policy applicable to CLTA coverage, and for conveyance of the cost for any endorsement with respect to liens described in Section 6.2(b)Property, (ii) 1/2 of all of the Title Company's Escrow Agent’s escrow and closing fees, fees and (iii) Seller's ’s attorneys' fees, and (iv) the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Cb Richard Ellis Realty Trust)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) except as provided in Section 10.6(b)(i) below, all premium and other costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowPolicy, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, (v) the costs of any update, modification, or recertification of the Survey, and (vi) all any mortgage recording tax or recording fees;. (b) Seller will pay (i) the premium attributable to the ALTA Standard Coverage portion of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Policy, (ii) the cost of the Survey, (iii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iiiiv) Seller's ’s attorneys' fees, (v) all transfer, documentary and recording fees and/or charges imposed by any governmental entities with respect to the transaction contemplated by this Agreement, and (ivv) prepayment penalties or premiums incurred by Seller with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the ALTA portion of the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) below, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, updates or recertifications of the Existing Survey, (iv) Purchaser's attorney's ’s attorneys’ fees; , (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all recording fees; (b) Seller will pay (i) the premium for the CLTA portion of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Policy, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's ’s attorneys' fees, and ; (iv) the documentary any transfer tax due imposed by the County and State in connection with the conveyance of which the Real Property is located; and Improvements to Purchaser(v) any transfer tax imposed by the City in which the Real Property is located; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 or in other provisions of this Agreement shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (KBS Real Estate Investment Trust II, Inc.)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowendorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing Survey, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's escrow and closing fees, if any, and (vi) any intangibles tax imposed as result of Purchaser's financing, (vii) any prepayment premium and associated fees actually required by The Travelers Insurance Company to be paid at Closing as a result of the repayment of the Traveler's Loan (collectively, the "PREPAYMENT PREMIUM"), and (viii) all recording feesfees other than that of the Deed; (b) Seller will pay (i) transfer tax resulting from the portion conveyance of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Property, (ii) 1/2 of all of the Title Company's escrow and closing fees, (iii) Seller's attorneys' fees, fees and (iv) all recording fees imposed on the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to PurchaserDeed; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Behringer Harvard Reit I Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) below, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, updates or recertifications of the Existing Survey, (iv) Purchaser's attorney's ’s attorneys’ fees; , (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all recording fees, and (vii) the documentary fee payable at the time of recording the Deed; (b) Seller will pay (i) to the portion extent applicable, the State of the premium for the Title Policy applicable to CLTA coverage, Connecticut and for the cost for any endorsement with respect to liens described in Section 6.2(b)Town Real Estate Conveyance Taxes, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, and (iii) Seller's ’s attorneys' fees, and (iv) the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 or in other provisions of this Agreement shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is locatedTown; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Ust Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable all endorsements thereto not paid by Seller pursuant to Section 10.6(b) below), including the so-called “Survey Deletion”, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; any costs of updating the Updated Survey, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all the costs of recording fees;any mortgages and related documents. (b) Seller will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Survey, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's ’s attorneys' fees, and (iv) the documentary transfer tax due costs of recording the Deed and the Quit Claim Deed, (v) the base premium for the Title Policy, but excluding any endorsements thereto, (vi) prepayment penalties or premiums incurred by Seller with respect to prepaying the Property’s existing mortgage indebtedness at Closing (if any), and (vii) all costs and expenses to perform its obligations under Section 6.2(c) and/or in connection with the conveyance of the Real Property and Improvements to Purchaser;Must-Cure Matters. (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (v) the costs of any update, modification, or recertification of the Survey, (vi) all any mortgage recording tax relating to mortgages or deeds of trust placed upon the Property by Purchaser, and (vii) any recording fees;. (b) Seller will pay (i) the portion initial cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Survey, (ii) 1/2 of all of the Title Company's escrow and closing Seller’s attorneys’ fees, (iii) Seller's attorneys' feesany transfer taxes imposed on the sale (but not the financing) of the Real Property by the City, County and State in which the Real Property is located, and (iv) prepayment penalties or premiums incurred by Seller with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Sale Agreement (Hines Global REIT, Inc.)

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Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) below, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing Survey, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's escrow and closing fees, if any, and (vi) all recording fees; (b) Seller will pay (i) the portion of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b), (ii) transfer taxes payable in connection with the conveyance of the Property by Seller to Purchaser, (iii) 1/2 of all of the Title Company's escrow and closing fees, and (iiiiv) Seller's attorneys' fees, and (iv) the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Franklin Street Properties Corp /Ma/)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Surveys, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all any intangible recording fees;tax or recording fees for any financing obtained by Purchaser in connection with Closing. (b) Seller Sellers will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Surveys, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's Sellers’ attorneys' fees’ fees (iv) transfer tax and recording fees -40- payable upon recordation of the Deeds, and (ivv) prepayment penalties or premiums incurred by Sellers with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller Sellers in accordance with the custom in the county in which the applicable Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows:: -40- (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Survey, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all any mortgage recording fees;tax or recording fees for any financing obtained by Purchaser in connection with Closing. (b) Seller will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Survey, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's ’s attorneys' fees, and (iv) all transfer and excise taxes (including, without limitation, for any city, county and state) and (v) prepayment penalties or premiums incurred by Seller with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Surveys, (v) 1/2 of all of the Title -36- Company's ’s escrow and closing fees, if any, and (vi) all any intangible recording fees;tax or recording fees for any financing obtained by Purchaser in connection with Closing. (b) Seller Sellers will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Surveys, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's Sellers’ attorneys' fees’ fees (iv) all documentary stamp taxes and/or transfer taxes (including without limitation, any city, county and state), and (ivv) prepayment penalties or premiums incurred by Sellers with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller Sellers in accordance with the custom in the county in which the applicable Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (v) the costs of any update, modification, or recertification of the Survey, (vi) all any mortgage recording tax relating to mortgages or deeds of trust placed upon the Property by Purchaser, and (vii) any recording fees;. (b) Seller will pay (i) the portion initial cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Survey, (ii) 1/2 of all of the Title Company's escrow and closing Seller’s attorneys’ fees, (iii) Seller's attorneys' feesany Transfer Taxes imposed on the sale of the Real Property by Seller to Purchaser (but not on any financing, nor on the Subsequent Sale Transaction, if any), and (iv) prepayment penalties or premiums incurred by Seller with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). 37 (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other costs for the Title Policy (including ALTA extended coverage) and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) below, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (i) Purchaser’s attorney’s fees, (iii) 1/2 of all of the Title Company’s escrow and closing fees, if any, and (iv) all recording fees; (b) Seller will pay (i) the premium for the basic Title Policy and the cost for any endorsement with respect to liens described in Section 6.2, (ii) the costs associated with any modifications, updates, or recertifications of the Existing Survey, (iv) Purchaser's attorney's fees; (viii) 1/2 of all of the Title Company's escrow and closing fees, if any, and (vi) all recording fees; (b) Seller will pay (i) the portion of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b), (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iiiiv) Seller's ’s attorneys' fees, and (ivv) the any documentary transfer tax due in connection with taxes or other fees payable upon recording the conveyance Deed or the transfer of the Real Property and Improvements to Purchaser; (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Wells Real Estate Investment Trust Ii Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows:: -41- (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Surveys, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all any intangible recording fees;tax or recording fees for any financing obtained by Purchaser in connection with Closing. (b) Seller Sellers will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Surveys, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's Sellers’ attorneys' fees’ fees (iv) all documentary stamp taxes and/or transfer taxes (including without limitation, any city, county and state), and (ivv) prepayment penalties or premiums incurred by Sellers with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller Sellers in accordance with the custom in the county in which the applicable Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Purchaser will pay (i) all premium and other incremental costs for obtaining the Title Policy and any endorsements, except the portion thereof payable by Seller pursuant to Section 10.6(b) belowall endorsements thereto, (ii) all premiums and other costs for any mortgagee policy of title insurance, including but not limited to any endorsements or deletions, (iii) the costs associated with any modifications, updates, or recertifications of the Existing SurveyPurchaser’s attorney’s fees, (iv) Purchaser's attorney's fees; the costs of any update or re-certification of the Updated Survey, (v) 1/2 of all of the Title Company's ’s escrow and closing fees, if any, and (vi) all any mortgage recording fees;tax or recording fees for any financing obtained by Purchaser in connection with Closing. (b) Seller will pay (i) the portion cost of the premium for the Title Policy applicable to CLTA coverage, and for the cost for any endorsement with respect to liens described in Section 6.2(b)Updated Survey, (ii) 1/2 of all of the Title Company's ’s escrow and closing fees, (iii) Seller's ’s attorneys' fees, and (iv) all transfer and excise taxes (including, without limitation, for any city, county and state) and (v) prepayment penalties or premiums incurred by Seller with respect to prepaying the documentary transfer tax due in connection with the conveyance of the Real Property and Improvements to Purchaser;Property’s existing mortgage indebtedness at Closing (if any). (c) Any other costs and expenses of Closing not provided for in this Section 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the county in which the Real Property is located; and. (d) If Except as otherwise expressly provided in this Agreement, if the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Preferred Apartment Communities Inc)

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