Current Survey. During the Feasibility Study Period, Buyer may, at its sole expense, obtain a current survey (the "Survey") of the Property prepared by a surveyor acceptable to Buyer and Xxxxx’s lender, without in any way affecting the “As Is” provision of this Agreement.
Current Survey. Once all foundations have been poured, an updated Survey disclosing no violation, encroachment or other variance from applicable set backs or other restrictions unless approved by Lender;
Current Survey. An updated survey if required by the Bank;
Current Survey. An updated Survey if required by the Title Insurance Company or the Lender and prior to the last advance, an “as built” survey;
Current Survey. An updated Survey if required by the Title Insurance Company or the Agent after approval of the initial survey. The Agent shall require updated surveys only to show completed foundations and, upon completion, to show the Improvements "as-built", unless the Agent shall reasonably believe that there exists any encroachment, any matter which might materially and adversely affect title to the Project, or any material deviation from the Plans and Specifications, in which event additional updated surveys may be required by the Agent;
Current Survey. Borrower will furnish to Lender, if Lender reasonably believes that any New Improvements encroach on the adjoining property, at any stage of construction, upon reasonable request from Lender, an updated current Survey reflecting that the New Improvements and all other New Improvements on the Property are entirely within the boundary lines of the Property and do not encroach upon any public road, waterway, setback line (except only pursuant to a valid permit or competent Governmental Authority) or breach or violate any material Governmental Requirements or other legal requirements or that no adjoining structure encroaches upon the Property and Borrower is unable to obtain an appropriate waiver or easement for such encroachment.
Current Survey. Within fifteen (15) days from the date hereof, Seller, at Seller's sole cost and expense, shall furnish a current survey of the Property prepared and certified by a duly registered Land Surveyor. The survey as to the Property shall:
a) Set forth an accurate legal description; and
b) Locate all existing easements and rights-of-way (setting forth the book and page number of the recorded instruments creating the same), alleys, streets, and
c) Show any encroachments; and
d) Show all existing improvements (such as buildings, power lines, fences, etc.); and
e) Show all dedicated public streets provided access and whether such access is paved to the property line; and
f) Show the location of any easements necessary for the furnishing of off-site improvements; and
g) Be certified to the Seller, the Buyer, the Title Company and any lender that may be involved in the transaction. In the event the survey or the recertification thereof shows any encroachments of any improvements upon, from, or onto the Property, or on or between any building set-back line, a property line, or any easement, except those acceptable to Buyer, in Buyer's sole discretion, said encroachment shall be treated in the same manner as a title defect under the procedure set forth of notice thereof with
Current Survey. The term “Current Survey” shall mean an on-the ground survey of the Land (and Improvements, if applicable) dated within ninety days of the date such survey is required to be furnished pursuant to any provision of this Agreement, performed by a surveyor duly licensed as such in the State of Texas, in form and substance acceptable to Lender and Title Company such that the Title Company may amend the Title Insurance Policy under procedural rule P-2 to delete the standard pre-printed exception concerning areas and boundary, save “shortages in area”.
Current Survey. Berkshire shall, at its sole cost and election, obtain a current as-built survey of the CRLP Property prepared by a duly licensed land surveyor (the "Survey"). In the event the Survey shows any encroachments or any improvements upon, from, or onto the CRLP Property, or on or between any building setback line, property line, or any easement, or any other matter objectionable to Berkshire, said encroachment or objection shall be treated in the same manner as a title defect under the procedure set forth in Paragraph 5(a) above. Notice of any such Survey encroachment or objection must be provided by Berkshire to CRLP on or before the expiration of the Due Diligence Period.
