Marketable Title; Permitted Exceptions Clause Samples
The 'Marketable Title; Permitted Exceptions' clause ensures that the seller is obligated to provide the buyer with a title to the property that is free from significant defects or encumbrances, except for certain exceptions that are specifically allowed. In practice, this means the seller must resolve any title issues that would materially affect the property's value or use, but the buyer must accept minor issues or standard exceptions, such as utility easements or zoning restrictions, that do not impair marketability. This clause protects the buyer by guaranteeing a clear and transferable title, while also clarifying which minor title issues are acceptable, thereby reducing disputes and facilitating a smoother transaction.
Marketable Title; Permitted Exceptions. The Company has good and marketable title in fee simple to the Real Property, free and clear of all Liens, except for (i) the Mortgage and (ii) the Liens listed in Schedule 1.2(a) attached hereto (collectively, the “Permitted Exceptions”). The Real Property shall be conveyed to Whitebox by special warranty deed subject to no Liens, charges, encumbrances, exceptions or reservations of any kind or character other than the Permitted Exceptions.
