Existing Title Policies Sample Clauses

Existing Title Policies. For any Casablanca Properties with respect to which the applicable Casablanca Subsidiary is the named insured under an existing policy of title insurance covering such Casablanca Property (an “Insured Property”), as soon as reasonably practicable after the date of the Exercise Notice, Sellers shall cause title searches (the “Title Searches”) covering the Casablanca Properties from the date the applicable Casablanca Subsidiary acquired its interest in the applicable Insured Property through the most recent date the applicable real estate records can be searched to be issued by the title insurer, together with copies of all documents evidencing the items referred to as exceptions in the Title Searches. Sellers shall be obligated to cure any title encumbrances with respect to (i) deeds of trust, mortgages, assignments of leases and rents, fixture filings and security interests and encumbrances securing money borrowed from a financial institution (such as a bank, savings and loan, insurance company, or the like) securing obligations other than the Assumed Indebtedness, and (ii) other liens that can be cured solely by the payment of a liquidated amount, in each case from the closing proceeds payable to Sellers or otherwise.
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Existing Title Policies. For any Acquired Properties with respect to which the applicable Acquired Company is the named insured under an existing policy of title insurance covering such Acquired Property (an “Insured Property”), as soon as reasonably practicable after the date of this Agreement, Sellers shall cause title searches (the “Title Searches”) covering the Acquired Properties from the date the applicable Acquired Company acquired its interest in the applicable Insured Property through the most recent date the applicable real estate records can be searched to be issued by the title insurer, together with copies of all documents evidencing the items referred to as exceptions in the Title Searches. Sellers shall be obligated to cure any title encumbrances with respect to (i) deeds of trust, mortgages, assignments of leases and rents, fixture filings and security interests and encumbrances securing money borrowed from a financial institution (such as a bank, savings and loan, insurance company, or the like) securing obligations other than the Assumed Indebtedness, and (ii) other liens, that can be cured solely by the payment of a liquidated amount, in each case from the closing proceeds payable to Sellers or otherwise.
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Existing Title Policies. Location # Property Location County State Owner Commitment Information 0000 Xxxxx Xxxxxx Xxxxxxx Point (.6 acres land behind 0000 Xxxxxx Xxxxxx store) Portage WI Xxxxxx’x Supermarkets, Inc.* Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343876 dated April 16, 2012 in the amount of $100,000 8108 0000 Xxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxx XX Xxxxxx’x Supermarkets, Inc.* Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343878 dated April 16, 2012 in the amount of $150,000 8127 000 Xxxxx Xxxx Xxxxxx Philips Price WI Xxxxxx’x Supermarkets, Inc.* Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343877 dated April 16, 2012 in the amount of $1,500,000 8904 0000 Xxxxxxxxx Xxxxxx Xxxxxxx Xxxxx Portage WI Xxxxxx’x Supermarkets, Inc.* Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343874 dated April 16, 2012 in the amount of $500,000 8905 0000 Xxxxxxxxx Xxxxxx Xxxxxxx Xxxxx Portage WI Xxxxxx’x Supermarkets, Inc.* 8912 0000 Xxxxx Xxxxxx Xxxxxxx Point Portage WI Xxxxxx’x Supermarkets, Inc.* Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343875 dated April 16, 2012 in the amount of $11,000,000 3301 0000 Xxxxx Xxxxxx Xxxxxxx Point Portage WI Xxxxxx’x Supermarkets, Inc.* Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343884 dated April 16, 2012 in the amount of $7,100,000 5500 Vacant Parcels Kenosha (commissary) Kenosha WI Jondex Corp. Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343881 dated April 16, 2012 in the amount of $1,042,000 8855 0000 Xxxxxx Xxxxxx & 000 Xxxx Xxxx Xxxxxx Xxxxxxxxxxx Xxxxxxxx XX Xxxxxx’x Supermarkets, Inc. Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2319392 dated April 13, 2012 in the amount of $6,000,000 6370 4095 & 0000 X. Xxxxxxx Xxxxxx Xxxxxxxxx Xxxxxxxxx XX Xxxxxx’x Supermarkets, Inc. Xxxxxxx Title Guaranty Company Loan Policy No. M-9302-2343882 dated April 27, 2012 in the amount of $325,000 * Title to property transfers to Xxxxxx’x Supermarkets, Inc. as a result of the merger of The Xxxxx Corporation (merging Company) into Xxxxxx’x (surviving entity) on 12/29/2007 Note: The exact name of the current record owner for location numbers 8103, 8108, 8127, 8904, 8905, 8912, and 3501 is The Xxxxx Corporation. SCHEDULE 1.01(b) REAL PROPERTY Location # Property Location County State Owner 0000 Xxxxx Xxxxxx, Xxxxxxx Xxxxx (.6 acres land behind 0000 Xxxxxx Xxxxxx store) Portage WI Xxxxxx’x Supermarkets, Inc. 8108 0000 Xxxx Xxxxxxx Xxxxxx, Xxxxxxxx (.77 acres land adjacent to store) Calumet...
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Existing Title Policies. “Existing Title Policies” means, collectively, the following:
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Existing Title Policies. Each applicable Seller has provided Buyer with copies of their existing title insurance policies issued by a title company for the Owned Real Property.
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Existing Title Policies. Shopping Center Existing Title Policies Mxxxxx Landing Chicago Title Insurance Company Policy No. 7210640-16748 dated December 15, 2000 Xxxxxxxxx Xxxxxxx Title Insurance Company Policy No. 44-901-100-TNB2612-B, dated 12/15/06 Vineyard Chicago Title Insurance Company Policy No. 7210609-72496367, dated 10/5/06 EXHIBIT 1.26 Rent Rolls EXHIBIT 1.27 Seller’s Documents Page 1 of 3 Accounting Kleinwood Center Mxxxxx Landing Vineyard Shopping Ctr Operating Budget - Current year Yes Yes Yes Income Statements - YTD and 5 year historical (by Quarter and Audited Financials if available) Yes Yes Yes General Ledger - YTD and 3 year historical Yes Yes Yes Capital Budget - YTD and 3 year historical N/A N/A N/A Real Estate Bills and Appeals - 3 year historical Yes Yes Yes CAM, Real Estate Tax and Insurance Reconciliations - 3 year historical Yes Yes Yes Schedule of Security Deposits and Prepaid Rents Yes Yes Yes Promotional Fund - Budget and Year End Reconciliation N/A N/A N/A Trial Balance - YTD and Prior Year (by Quarter) N/A N/A N/A Detail of Cash Receipts and Disbursements Journal-YTD and Prior Year N/A N/A N/A Detailed accrued expense and accounts payable listing - previous 2 years N/A N/A N/A Detailed Rent Straight Line Schedule - Prior Year and Current Quarter N/A N/A N/A Representation letter in support of the historical financial information N/A N/A N/A Support for any allocated expenses allocated to property in prior year and current year N/A N/A N/A Operations Warranties (roof, HVAC, elevator, etc.) Yes Yes Yes Vendor Contact List & Vendor Contracts (landscaping, sweeping, snow, trash, etc.) Yes Yes Yes Copies of all bills for YTD and prior year (electric, water, phone, landscape, lot sweeping, R&M, G&A, etc.) Yes Yes Yes Storm Water Management Plan and annual maintenance costs O&M Manuals N/A N/A N/A Personal Property and Supplies Inventory (located on site and will remain after closing) N/A N/A N/A Schedule of utility meters and required deposits (gas, electric, telephone, water, etc.) Yes Yes Yes Exhibit 1.27 – Seller's Documents Tenant Information Leases, Amendments, Assignments, Addendums, Commencement Date Letters and Letter Agreements for all tenants Yes Yes Yes Tenant Correspondence files for all tenants Lease Abstracts for all tenants N/A N/A N/A Tenant Contact Sheet and Guarantor Contact Sheet (name, address, phone number) Yes Yes Yes Rent Roll - Current Year and 5 year historical Yes Yes Yes Tenant Improvement Construction Contracts (for work in progr...
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Existing Title Policies. All existing title commitments and surveys within Seller’s possessions for the Seller Owned Properties have been posted on the Data Site (the “Existing Title and Survey”).
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Existing Title Policies. Section 4.9(c) Financials............................................ Section 4.
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Related to Existing Title Policies

  • Title Policies The Title Company shall be prepared, -------------- subject only to payment of the applicable premium, endorsement and related fees and delivery of all conveyance documents in recordable form, to issue a title insurance policy to Purchaser, subject only to the Permitted Encumbrances, in accordance with Section 3.3. -----------

  • Title Policy The Title Company shall be prepared to issue, upon payment of the title premium at its regular rates, a title policy in the amount of the Purchase Price, insuring title to the Property is vested in the Purchaser or its designee or assignee, subject only to the Permitted Exceptions, with such endorsements as shall be reasonably required by the Purchaser.

  • Permitted Liens; Title Insurance Each Mortgaged Property securing a Mortgage Loan is covered by an American Land Title Association loan title insurance policy or a comparable form of loan title insurance policy approved for use in the applicable jurisdiction (or, if such policy is yet to be issued, by a pro forma policy, a preliminary title policy or a “marked up” commitment, in each case with escrow instructions and binding on the title insurer) (the “Title Policy”) in the original principal amount of such Mortgage Loan (or with respect to a Mortgage Loan secured by multiple properties, an amount equal to at least the allocated loan amount with respect to the Title Policy for each such property) after all advances of principal (including any advances held in escrow or reserves), that insures for the benefit of the owner of the indebtedness secured by the Mortgage, the first priority lien of the Mortgage (which lien secures the related Whole Loan, in the case of a Mortgage Loan that is part of a Whole Loan), which lien is subject only to (a) the lien of current real property taxes, water charges, sewer rents and assessments not yet due and payable; (b) covenants, conditions and restrictions, rights of way, easements and other matters of public record specifically identified in the Title Policy; (c) the exceptions (general and specific) and exclusions set forth in such Title Policy; (d) other matters to which like properties are commonly subject; (e) the rights of tenants (as tenants only) under leases (including subleases) pertaining to the related Mortgaged Property; (f) if the related Mortgage Loan constitutes a Crossed Underlying Loan, the lien of the Mortgage for another Mortgage Loan contained in the same Crossed Mortgage Loan Group, and (g) condominium declarations of record and identified in such Title Policy, provided that none of clauses (a) through (g), individually or in the aggregate, materially and adversely interferes with the value or principal use of the Mortgaged Property, the security intended to be provided by such Mortgage, or the current ability of the related Mortgaged Property to generate net cash flow sufficient to service the related Mortgage Loan or the Mortgagor’s ability to pay its obligations when they become due (collectively, the “Permitted Encumbrances”). For purposes of clause (a) of the immediately preceding sentence, any such taxes, assessments and other charges shall not be considered due and payable until the date on which interest and/or penalties would be payable thereon. Except as contemplated by clause (f) of the second preceding sentence none of the Permitted Encumbrances are mortgage liens that are senior to or coordinate and co-equal with the lien of the related Mortgage. Such Title Policy (or, if it has yet to be issued, the coverage to be provided thereby) is in full force and effect, all premiums thereon have been paid and no claims have been made by the Mortgage Loan Seller thereunder and no claims have been paid thereunder. Neither the Mortgage Loan Seller, nor to the Mortgage Loan Seller’s knowledge, any other holder of the Mortgage Loan, has done, by act or omission, anything that would materially impair the coverage under such Title Policy. Each Title Policy contains no exclusion for, or affirmatively insures (except for any Mortgaged Property located in a jurisdiction where such affirmative insurance is not available in which case such exclusion may exist), (a) that the Mortgaged Property shown on the survey is the same as the property legally described in the Mortgage and (b) to the extent that the Mortgaged Property consists of two or more adjoining parcels, such parcels are contiguous.

  • Title Insurance Policies The Borrower will deliver to the Administrative Agent a policy of title insurance (or marked-up title insurance commitment or title proforma having the effect of a policy of title insurance) (a “Title Policy”) insuring the Lien of such Mortgage as a valid first mortgage or deed of trust Lien on the Mortgaged Property described therein in an amount not less than the estimated fair market value of such Mortgaged Property as reasonably determined by the Borrower, which Title Policy shall (A) be issued by a nationally-recognized title insurance company reasonably acceptable to the Administrative Agent (the “Title Company”), (B) include such reinsurance arrangements (with provisions for direct access, if necessary) as shall be reasonably acceptable to the Administrative Agent, (C) be supplemented by a “tie-in” or “aggregation” endorsement, if available under applicable law, and such other endorsements as may reasonably be requested by the Administrative Agent (including (to the extent available in the applicable jurisdiction and/or with respect to the Mortgaged Property, in each case, on commercially reasonable terms) endorsements on matters relating to usury, first loss, zoning, contiguity, revolving credit, doing business, public road access, survey, variable rate, environmental lien, subdivision, mortgage recording tax, separate tax lot, and so-called comprehensive coverage over covenants and restrictions) if available under applicable law at commercially reasonable rates and (D) contain no other exceptions to title other than Permitted Liens and other exceptions acceptable to the Administrative Agent in its reasonable discretion;

  • Additional Title Documents The Receiver, the Corporation and the Assuming Institution each agree, at any time, and from time to time, upon the request of any party hereto, to execute and deliver such additional instruments and documents of conveyance as shall be reasonably necessary to vest in the appropriate party its full legal or equitable title in and to the property transferred pursuant to this Agreement or to be transferred in accordance herewith. The Assuming Institution shall prepare such instruments and documents of conveyance (in form and substance satisfactory to the Receiver) as shall be necessary to vest title to the Assets in the Assuming Institution. The Assuming Institution shall be responsible for recording such instruments and documents of conveyance at its own expense.

  • Title Insurance Policy Lender shall have received (i) a Title Insurance Policy for each Individual Property or a marked-up commitment (in form and substance satisfactory to Lender) from Title Insurer to issue a Title Insurance Policy for each Individual Property and (ii) a fully executed copy of the Title Instruction Letter from the Title Insurer.

  • Title Insurance The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable pursuant to Seller's Underwriting Guidelines and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring the originator, its successors and assigns, as to the first (with respect to a First Lien Loan) or second (with respect to a Second Lien Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the Permitted Exceptions, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. The Seller (or its predecessor in interest), its successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by the Seller;

  • Survey or Title Objections If Buyer discovers any title or survey matter which is objectionable to Buyer, Buyer may provide Seller with written notice of its objection to same. Any contrary provisions of Article XV concerning what does or does not constitute delivery notwithstanding, Buyer shall provide and Seller must actually receive, any notice of objections on or before the fifth (5th) day prior to the expiration of the Review Period (the “Title Review Period”). If Seller has not actually received a written notice of objection to any such matter set forth in the Survey or Title Commitment prior to the expiration of the Title Review Period, it shall be conclusively assumed that Buyer has approved same. If Buyer disapproves any condition of title, survey or other matters by written objection to Seller on or before the expiration of the Title Review Period, Seller shall elect either to attempt to cure or not cure any such item and shall notify Buyer of its election by written notice within five (5) days after its receipt of notice from Buyer setting forth title or survey objection. If Seller commits in writing to attempt to cure any such item, then Seller shall be given until the Closing Date to cure any such defect. In the event Seller shall fail to cure a defect which Seller has committed in writing to cure prior to Closing, or if a new title defect arises after the date of Buyer’s Title Commitment or Survey, as applicable, but prior to Closing, then Buyer may elect, in Buyer’s sole and absolute discretion: (i) to waive such objection and proceed to Closing, or (ii) to terminate this Contract and receive a return of the Xxxxxxx Money Deposit. The items shown on the Title Commitment which are not objected to by Buyer as set forth above (other than exceptions and title defects arising after the Title Review Period and other than those standard exceptions which are ordinarily and customarily omitted in the state in which the applicable Hotel is located, so long as Seller provides the appropriate owner’s affidavit, gap indemnity or other documentation reasonably required by the Title Company for such omission) are hereinafter referred to as the “Permitted Exceptions.” In no event shall Permitted Exceptions include liens, or documents evidencing liens, securing any indebtedness (including vehicle or FF&E leases or financing arrangements) any mechanics’ or materialmen’s liens or any claims or potential claims therefor covering the Property or any portion thereof (“Seller Liens”), each of which shall be paid in full by Seller and released at Closing, except to the extent caused by Buyer. If a vehicle or FF&E lease or other financing cannot be released at Closing, Seller shall credit Buyer at Closing with the amount necessary to fully pay off such lease or financing over its term.

  • Title Documents The Master Servicer shall deliver to the Indenture Trustee, the Owner Trustee and the Insurer (i) within 120 days of the Closing Date, a schedule of Title Documents for Financed Vehicles which, as of the Closing Date did not show the Master Servicer as first lienholder and (ii) within 180 days of the Closing Date, a schedule of Title Documents for Financed Vehicles which as of the date prior to such delivery do not show the Master Servicer as first lienholder and as to which the Seller is obligated to repurchase pursuant to the provisions hereof.

  • Title Commitments Prior to Closing, Seller shall cooperate with Buyer and use Commercially Reasonable Efforts to assist Buyer if Buyer desires to obtain American Land Title Association ("ALTA") title insurance commitments (collectively, the "Title Commitments," and each a "Title Commitment"), in final form, from one or more title insurance companies (collectively, the "Title Company"), committing the Title Company (subject only to the satisfaction of any industry standard requirements contained in the Title Commitment) to issue ALTA (or its local equivalent) form of title insurance policies in an amount acceptable to the Buyer and the Title Company insuring good, valid, indefeasible fee simple title to the Real Property in Buyer, in all cases, at Buyer's sole expense and in the respective amounts that Buyer requests prior to Closing, subject to no Encumbrances or other exceptions to title other than Permitted Encumbrances (collectively the "Title Policies"). On or prior to the Closing Date, Seller shall execute and deliver, or cause to be executed and delivered, to the Title Company, at no cost to Seller, any customary affidavits, standard gap indemnities, evidence of corporate existence and authority, and similar documents reasonably requested by the Title Company in connection with the issuance of the Title Commitments or the Title Policies; provided that such efforts and Buyer's request for Title Policies or Title Commitments shall, in no event, result in any delay in the consummation of the transactions contemplated by this Agreement, except to the extent caused by or resulting from Seller's breach of this Agreement; and provided further, that nothing in this Section 6.17 shall obligate Seller to execute or deliver any document that affects, in a manner adverse to Seller, Seller's liability to Buyer as expressed herein and in the Special Warranty Deed.

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