Marketability of Title. The deed and other documents by Seller shall be sufficient to convey good marketable title to the property in fee simple, free and clear of all liens and encumbrances. However, Xxxxx agrees to accept title to the property subject to restrictive covenants of record common to the tract or subdivision of which the property is a party, provided these restrictions have not been violated, or if they have been violated, that the time for anyone to complain of the violations has expired. Xxxxx also agrees to accept title to the property subject to public utility easements along lot lines as long as those easements do no interfere with any building now on the property or with any improvements Buyer may construct in compliance with all present restrictive covenants of record and zoning and building codes applicable to the property. Xxxxxx agrees to furnish any documents required by federal or state laws for the transfer of title to the property.
Marketability of Title. Seller shall convey good marketable title to the property in fee simple, free and clear of all liens and encumbrances. However, Buyer agrees to accept title to the property subject to: (a) restrictive covenants of record common to the tract or subdivision of which the property is a part, provided these covenants have not been violated or the time for objection to any violation has expired, (b) public utility easements within 10 feet of lot lines which do not interfere with any existing improvements on the property or with any improvements that Buyer may construct in compliance with all present restrictive covenants of record and zoning and building codes, and (c) except for waterfront properties, fences encroaching one foot or less onto the property, provided the fence placement does not impair access to the property from a right of way or cause the property to be in violation of any restrictive covenant, easement, or agreement of record or of any building, zoning or subdivision code.
Marketability of Title. The deed and other documents delivered by SELLER to BUYER shall be sufficient to convey good marketable title in fee simple to the property free and clear of all liens and encumbrances except as set forth herein. However, XXXXX agrees to accept title to the property Including, Not including mineral and gas rights,as agreed to in attached addendum, and subject to restrictive covenants of record common to the tract or subdivision of which the property is a part, provided these restrictions have not been violated, or if they have been violated, that the time for anyone to complain of the violations has expired. XXXXX also agrees to accept title to the property subject to public utility easements as long as those easements do not interfere with any buildings now on the property or with any improvements BUYER may construct in compliance with all present restrictive covenants of record and zoning and building codes applicable to the property. SELLER shall furnish an affidavit of title.
Marketability of Title. The Buyer shall have ordered a title search to establish the marketability of title to the Property, and Seller shall have satisfied or cured any of Buyer’s objections to the marketability of title to the Property. Buyer’s failure to conduct, or waiver of, such title search shall evidence Buyer’s satisfaction of the marketability of title to such Property.
Marketability of Title. Except as provided for in 10Charge Hungary's Financial Statements, 10Charge Hungary has, and on the Closing Date will have, good and marketable title to all of their respective furniture, fixtures, equipment and other assets as set forth in 10Charge Hungary's Financial Statements, and such assets are owned free and clear of all security interests, pledges, liens, restrictions and encumbrances of every kind and nature.
Marketability of Title. The deed and other documents delivered by Seller shall be sufficient to convey good marketable title, in fee simple in to the property free and clear of all liens and encumbrances. However, Buyer agrees to accept title to the property subject to restrictive covenants of record common to the tract or subdivision of which the property is a part, provided these restrictions have not been violated, or if they have been violated, that the time for anyone to complain of the violations has expired and provided they do not affect Buyers intended use of the premises. Buyer also agrees to accept the title of the property subject to public utility easements along lot lines as long as those easements do not interfere with any buildings now on the property or with any improvements Buyer may construct in compliance with all present restrictive covenants of record and zoning and building codes applicable to the property. Seller agrees to furnish any documents required by federal or state laws for transfer of title to real property.
Marketability of Title. 12.01 The deed and other documents delivered by Seller shall be sufficient to convey good and marketable title in fee simple to the Property free and clear of all liens and encumbrances except as otherwise provided herein. If Buyer raises written objection to Seller’s title to the Property which, if valid, would make the title of the Property unmarketable, Seller shall have the right to cancel this Agreement by giving written notice of the cancellation to the Buyer and by returning the Deposit. However, if Seller is able to correct the problem which Buyer objects to prior to Closing, or if Seller is able to obtain at its cost a commitment for title insurance to insure Buyer’s interest and the interest of any lender granting a mortgage to Buyer for the purchase of the Property, then the Agreement shall continue in force.
Marketability of Title. As soon as reasonably practicable after the execution of this Agreement by both parties, Xxxxx shall obtain the title evidence determined necessary or desirable by Xxxxx (the “Title Commitment”). Buyer, at its sole option, may have a survey of the Property prepared, certified and delivered to Buyer, Seller, the Title Company and such other parties as Buyer requests showing the location of all easements and conforming to the current standard detail requirements established by the American Land Title Association and the National Society for Professional Surveyors (the “Survey”). The cost of the Survey, if any, will be paid for by Xxxxx. Buyer shall have ten (10) days from the date it receives the Title Commitment and any Survey to raise any written objections to title (the “Objections”). Objections not made within such time will be deemed waived. Seller may effect a cure satisfactory to Buyer or may give written notice to Buyer that Seller elects not to cure. Buyer may then elect to close notwithstanding the uncured Objections, or may declare this Agreement null and void and the parties will thereby be released from any further obligation hereunder, and neither party shall be liable for damages hereunder and Buyer and Seller agree to sign a cancellation of this Agreement.
Marketability of Title. Seller covenants that the title to the Property is marketable and free from valid objections. The Seller shall deliver to the Buyer, upon settlement, a duly executed and acknowledged Deed of Bargain and Sale, with General Warranty of Title, subject only to those easements, conditions and restrictions which do not constitute objections to the title to the Property. In the event an examination of title shall reveal any objection or circumstances adversely affecting the marketability of title to the Property, the Buyer shall promptly notify the Seller in writing prior to the expiration of the Feasibility Period of such defects; and, Seller shall remove at Seller's expense any such defect or circumstances adversely affecting the marketability of title on or before the settlement date. If Seller is unable or refuses to remove the Buyer's objections to marketability of title, then this Agreement shall terminate, the Deposit shall be released to Buyer and both Buyer and Seller shall thereafter be relieved from further liability under this Agreement. In the event Seller is unable or refuses to remove the buyer's objections to title, then in that event the Buyer shall have the option to accept title with said objections with an acceptable offset or adjustment in the sales price and may proceed to Closing in accordance with the terms of this Agreement.
Marketability of Title. (a) As set forth in Section 2.2(b), the existence of monetary judgments, deeds of trust, mortgages or liens, other than the Permitted Exceptions, shall not be objections to title, provided that properly executed instruments, in recordable form, necessary to satisfy and release the same are delivered to Buyer at the Closing together with recording and/or filing fees, and Seller shall pay such mortgages, liens or encumbrances from the cash consideration to be paid to Seller by Buyer hereunder.
(b) Except for the Permitted Exceptions, Seller will, upon the request of Buyer or the Title Company, deliver or cause to be delivered to Buyer and/or the Title Company any affidavit or affidavits for the purpose of removing any judgments, bankruptcies or any other liens or encumbrances of record as the case may be or will pay or otherwise arrange to have such liens or encumbrances discharged of record.
