Common use of Items to be Delivered by Seller Clause in Contracts

Items to be Delivered by Seller. Seller shall provide Purchaser with each of the following at Seller’s sole cost and expense: (a) Within seven (7) days after the Effective Date, a current commitment for the issuance of an owner policy of title insurance to Purchaser from Xxxxxxx Title Company, Attn: Xxxxx Xxxx, 000 X Xxxxxxx Xx, Ste 103, Burleson, Texas 76028 (the “Title Company”), including true, correct and legible copies of all instruments referred to in the commitment as conditions or exceptions to title to the Land, including items listed in Schedule C of the commitment (the “Title Commitment”); (b) Within three (3) days after the Effective Date, Seller’s existing survey of the Land, if any. Purchaser shall have the right to update or re-certify the existing survey, or obtain a new survey of the Land (the “Survey”) at Purchaser’s expense. The legal description of the Land contained in the Survey, if different from the description contained in Exhibit A, shall, subject to Purchaser’s reasonable approval, be substituted for the description of the Land contained in Exhibit A, and this Contract shall be deemed automatically amended by the substitution of the legal description of the Land contained in the Survey, as a new Exhibit A hereto; and (c) Within three (3) days after the Effective Date, to the extent they exist, are still valid and are available, Seller agrees specifically to provide Purchaser with, and acknowledges that Purchaser shall be relying on, copies of all agreements, contracts, documents, information, data, studies and reports which affect the Property, including, but not limited to, any plans, drawings, surveys, title policies, title reports, title opinions, title documents, mortgages or deeds of trust, declarations, restrictive covenants, easements, title exceptions, inspection reports, repair reports, traffic studies, utility expense history, environmental reports, geotechnical studies, flood studies, drainage plans, zoning reports, zoning information, oil and gas leases, permits, licenses, tax statements, litigation or threatened litigation, and a written description of all oral agreements with third parties, if any, affecting the Land or the operation thereof (collectively, the “Property Documents”).

Items to be Delivered by Seller. Within the time period specified in the Schedule, Seller shall provide Purchaser with each of the following deliver to Purchaser, at Seller’s sole cost and expense, the following: (a) Within seven (7) days after The Survey. The most recent Survey of the Effective Date, a current commitment Property currently in Seller’s possession. Seller agrees to sign an Affidavit for the issuance benefit of an owner policy of title insurance to Purchaser from Xxxxxxx the Title Company, Attn: Xxxxx Xxxx, 000 X Xxxxxxx Xx, Ste 103, Burleson, Texas 76028 (the “Title Company”), including true, correct and legible copies of all instruments referred to in the commitment as conditions or exceptions to title Company stating that there have been no improvements to the Land, including items listed in Schedule C Property since the date of the commitment (the “Title Commitment”); (b) Within three (3) days after the Effective DateSurvey. Purchaser, Sellerat Purchaser’s existing survey of the Land, if any. Purchaser shall have the right to update or re-certify the existing survey, or sole cost and expense may obtain a new Survey. The new Survey shall: (i) meet or exceed the standards for a Category IA, Condition I or II, as applicable, survey (as defined by Standards for Land Surveys and Specifications for Categories of Surveying of the Land Texas Surveyors Association); (ii) set forth the “Survey”gross acreage within the Property; (iii) at locate and show the size of any portion of the Property which is currently located in a flood plain or other flood hazard area according to any of the applicable city maps, the Flood Insurance Rate Maps or the Flood Hazard Boundary Maps, issued by the Department of Housing and Urban Development, the Federal Insurance Administration, or the Federal Emergency Management Agency; (iv) locate all existing improvements, easements and rights-of-way (including applicable recording data), encroachments, conflicts, and protrusions affecting the Property and significant matters observed by the Surveyor, whether or not of record; (v) reflect the location and size of all gas, electrical, water, and sewer lines, wires and cable crossings, and anchors or guy wires located on the Property; (vi) show the location of all required building set back lines; (vii) show the location of abutting dedicated public streets providing access to the Property, and all sidewalks, curbs, and driveways; and (viii) show the location and type of fences and other improvements along the boundaries. The surveyor’s certificate shall be in a form acceptable to Purchaser’s expense, any lender that will advance all or a portion of the Purchase Price to Purchaser, and the Title Company. The legal description of the Land Property contained in the new Survey, if different from the description contained in Exhibit “A”, shall, subject to Purchaser’s reasonable approval, shall be substituted for the description of the Land Property contained in Exhibit “A”, and this Contract the Agreement shall be deemed automatically amended by the substitution of the legal description of the Land Property contained in the Survey, as a new Survey for the description of the Property contained in Exhibit A hereto; and“A”. The Purchase Price shall be adjusted based on the legal description for the new survey. (b) The Title Commitment. (c) Within three (3) days after Copies of the Effective Date, ad valorem tax statements covering the Property for the years prior to the extent they exist, are still valid and are available, Seller agrees specifically to provide Purchaser with, and acknowledges that Purchaser shall be relying on, copies date of all agreements, contracts, documents, information, data, studies and reports which affect the Agreement (or the period of xxxx Xxxxxx has owned the Property, whichever is less) and, if and when available, for the current year. (d) All information in the possession of Seller concerning the Property including, but not limited to, any plansall plans for the development of the Property, drawings, surveys, title policies, title reports, title opinions, title documents, mortgages or deeds of trust, declarations, restrictive covenants, easements, title exceptions, inspection reports, repair all soil reports, traffic studies, utility expense historyengineering studies, and environmental reports, geotechnical studiesutility and drainage improvement information pertaining to the Property, flood studiesall information relating to obtaining the approval of local governing bodies for development of the Property, drainage plans, all information regarding present or future zoning reports, zoning information, oil and gas leases, permits, licenses, tax statements, litigation or threatened litigationof the Property, and a written description all information concerning availability of all oral agreements with third partiesstorm sewers, if anysanitary sewers, affecting the Land streets, water, or the operation thereof utilities. (collectively, the “Property Documents”)e) Any Leases.

Items to be Delivered by Seller. Within the time period specified in the Schedule, Seller shall provide order, obtain and deliver to Purchaser with each of the following at Seller’s sole cost and expensefollowing: (ai) Within seven (7) days after the Effective Date, a current commitment for the issuance of an owner policy of title insurance The Survey. Seller will provide to Purchaser from Xxxxxxx the most recent Survey. The Survey shall: (i) meet or exceed the standards for a Category IA, Condition I or II, as applicable, survey (as defined by Standards for Land Surveys and Specifications for Categories of Surveying of the Texas Surveyors Association); (ii) set forth the gross acreage within the Property; (iii) locate and show the size of any portion of the Property which is currently located in a flood plain or other flood hazard area according to any of the applicable city maps, the Flood Insurance Rate Maps or the Flood Hazard Boundary Maps, issued by the Department of Housing and Urban Development, the Federal Insurance Administration, or the Federal Emergency Management Agency; (iv) locate all existing improvements, easements and rights-of-way (including applicable recording data), encroachments, conflicts, and protrusions affecting the Property and significant matters observed by the Surveyor, whether or not of record; (v) reflect the location and size of all gas, electrical, water, and sewer lines, wires and cable crossings, and anchors or guy wires located on the Property; (vi) show the location of all required building set back lines; (vii) show the location of abutting dedicated public streets providing access to the Property, and all sidewalks, curbs, and driveways; and (viii) show the location and type of fences and other improvements along the boundaries and (ix) when available, show the location of the Drill Site and Access Reservation. The surveyor’s certificate shall be in a form acceptable to Seller, Purchaser, any lender that will advance all or a portion of the Purchase Price to Purchaser, and the Title Company, Attn: Xxxxx Xxxx, 000 X Xxxxxxx Xx, Ste 103, Burleson, Texas 76028 (the “Title Company”), including true, correct and legible copies of all instruments referred to in the commitment as conditions or exceptions to title to the Land, including items listed in Schedule C of the commitment (the “Title Commitment”); (b) Within three (3) days after the Effective Date, Seller’s existing survey of the Land, if any. Purchaser shall have the right to update or re-certify the existing survey, or obtain a new survey of the Land (the “Survey”) at Purchaser’s expense. The legal description of the Land Property contained in the new Survey, if different from the description contained in Exhibit “A”, shall, subject to Purchaser’s reasonable approval, shall be substituted for the description of the Land Property contained in Exhibit “A”, and this Contract the Agreement shall be deemed automatically amended by the substitution of the legal description of the Land Property contained in the Surveynew Survey for the description of the Property contained in Exhibit “A”. If the survey needs updating, as a new Exhibit A hereto; andSeller will reimburse Purchaser at closing up to $8,000.00, however, if Purchaser terminates this Agreement the cost of the Survey shall be Purchaser’s sole cost and expense. (cii) Within three (3) days after the Effective Date, The Seller shall deliver to the extent they exist, are still valid and are available, Seller agrees specifically to provide Purchaser with, and acknowledges that Purchaser shall be relying on, copies of all agreements, contracts, documents, information, data, studies and reports which affect the Property, including, but not limited to, any plans, drawings, surveys, title policies, title reports, title opinions, title documents, mortgages or deeds of trust, declarations, restrictive covenants, easements, title exceptions, inspection reports, repair reports, traffic studies, utility expense history, environmental reports, geotechnical studies, flood studies, drainage plans, zoning reports, zoning information, oil and gas leases, permits, licenses, tax statements, litigation or threatened litigation, and a written description of all oral agreements with third parties, if any, affecting the Land or the operation thereof (collectively, the “Property Documents”)Title Commitment.

Items to be Delivered by Seller. Within the time period specified in the Schedule, Seller shall provide Purchaser with each of the following deliver to Purchaser, at Seller’s sole cost and expense, the following: (a) Within seven (7) days after The Survey. The most recent Survey of the Effective Date, a current commitment Property currently in Seller’s possession. Seller agrees to sign an Affidavit for the issuance benefit of an owner policy the Title Company stating that there have been no improvements to the Property since the date of title insurance to Purchaser from Xxxxxxx the Survey. If the Title Company, Attn: Xxxxx Xxxx, 000 X Xxxxxxx Xx, Ste 103, Burleson, Texas 76028 (Company does not accept the “Title Company”), including true, correct Survey and legible copies the Affidavit for the purpose of all instruments referred to deleting the area and boundary exception in the commitment as conditions or exceptions to title to the Landpolicy, including items listed in Schedule C of the commitment (the “Title Commitment”); (b) Within three (3) days after the Effective Datethen Purchaser, Sellerat Purchaser’s existing survey of the Land, if any. Purchaser sole cost and expense shall have the right to update or re-certify the existing survey, or obtain a new Survey. The new Survey shall: (i) meet or exceed the standards for a Category IA, Condition I or II, as applicable, survey (as defined by Standards for Land Surveys and Specifications for Categories of Surveying of the Land Texas Surveyors Association); (ii) set forth the “Survey”gross acreage within the Property; (iii) at locate and show the size of any portion of the Property which is currently located in a flood plain or other flood hazard area according to any of the applicable city maps, the Flood Insurance Rate Maps or the Flood Hazard Boundary Maps, issued by the Department of Housing and Urban Development, the Federal Insurance Administration, or the Federal Emergency Management Agency; (iv) locate all existing improvements, easements and rights-of-way (including applicable recording data), encroachments, conflicts, and protrusions affecting the Property and significant matters observed by the Surveyor, whether or not of record; (v) reflect the location and size of all gas, electrical, water, and sewer lines, wires and cable crossings, and anchors or guy wires located on the Property; (vi) show the location of all required building set back lines; (vii) show the location of abutting dedicated public streets providing access to the Property, and all sidewalks, curbs, and driveways; and (viii) show the location and type of fences and other improvements along the boundaries. The surveyor’s certificate shall be in a form acceptable to Purchaser’s expense, any lender that will advance all or a portion of the Purchase Price to Purchaser, and the Title Company. The legal description of the Land Property contained in the new Survey, if different from the description contained in Exhibit “A”, shall, subject to Purchaser’s reasonable approval, shall be substituted for the description of the Land Property contained in Exhibit “A”, and this Contract the Agreement shall be deemed automatically amended by the substitution of the legal description of the Land Property contained in the Surveynew Survey for the description of the Property contained in Exhibit “A”. The Purchase Price shall be adjusted based on the gross square feet in the legal description for the new survey. As used herein, as the term “gross square feet” shall mean the total number of square feet of land within the Property, including any land lying within any existing or proposed alley, street, roadway, right-of-way, easement, river, creek, lake, waterway, drainage-way, rail way, 100-year flood plain, flood prone or special flood hazard area or wetland area. If Purchaser obtains a new Exhibit A hereto; andsurvey, Seller shall reimburse Purchaser, at closing for Purchaser’s out-of-pocket expenses, not to exceed $15,000.00. (b) The Title Commitment. (c) Within three (3) days after Copies of the Effective Date, ad valorem tax statements covering the Property for the years prior to the extent they exist, are still valid and are available, Seller agrees specifically to provide Purchaser with, and acknowledges that Purchaser shall be relying on, copies date of all agreements, contracts, documents, information, data, studies and reports which affect the Agreement (or the period of xxxx Xxxxxx has owned the Property, whichever is less) and, if and when available, for the current year. (d) All information in the possession of Seller concerning the Property including, but not limited to, any plansall plans for the development of the Property, drawings, surveys, title policies, title reports, title opinions, title documents, mortgages or deeds of trust, declarations, restrictive covenants, easements, title exceptions, inspection reports, repair all soil reports, traffic studies, utility expense historyengineering studies, and environmental reports, geotechnical studiesutility and drainage improvement information pertaining to the Property, flood studiesall information relating to obtaining the approval of local governing bodies for development of the Property, drainage plans, all information regarding present or future zoning reports, zoning information, oil and gas leases, permits, licenses, tax statements, litigation or threatened litigationof the Property, and a written description all information concerning availability of all oral agreements with third partiesstorm sewers, if anysanitary sewers, affecting streets, water, or utilities. Seller shall not be required to update any of the Land documents or the operation thereof reports described in this subparagraph (collectively, the “Property Documents”)d) or to provide any documents or reports that are not in Seller’s actual possession. (e) True and correct copies of any Leases.