Common use of MERCHANTABILITY OF TITLE Clause in Contracts

MERCHANTABILITY OF TITLE. An Owner’s Title Insurance Commitment (the “Title Commitment”) for the Property will be made available to Buyer either online or as an attachment to this Agreement. Buyer agrees to accept title to the Property subject to all of the conditions and exceptions set forth in Schedule B Section II to the Title Commitment (“Permitted Exceptions”). Subject to the Permitted Exceptions and the matters set forth in this Agreement, Seller is obligated to deliver to Buyer merchantable title to the Property at Closing without warranty of title but with full substitution and subrogation in and to all rights and actions of warranty which Seller has or may have against all prior owners or vendors of the Property. Seller's inability to deliver such title within the time stipulated herein shall render this Agreement null and void, in which case Buyer's Deposit shall be returned. In the event bona fide curative title work is required in connection with the title to the Property, the parties hereto agree to and do hereby extend the time for Closing for a period of up to sixty (60) calendar days or such other period of time as may be mutually agreed upon in writing.

Appears in 4 contracts

Samples: Agreement to Purchase and Sell, Agreement to Purchase and Sell, Agreement to Purchase and Sell

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MERCHANTABILITY OF TITLE. An Owner’s Title Insurance Commitment (the “Title Commitment”) for the Property will be made available to Buyer Purchaser either online or as an attachment to this Agreement. Buyer Purchaser agrees to accept title to the Property subject to all of the conditions and exceptions set forth in Schedule B B, Section II to the Title Commitment (the “Permitted Exceptions”). Subject to the Permitted Exceptions and the matters set forth in this Agreement, Seller is obligated to deliver to Buyer Purchaser merchantable title to the Property at Closing without warranty of title but with full substitution and subrogation in and to all rights and actions of warranty which Seller has or may have against all prior owners or vendors of the Property. Seller's inability to deliver such title within the time stipulated herein shall render this Agreement null and void, in which case Buyer's Purchaser’s Deposit shall be returned. In the event bona fide curative title work is required in connection with the title to the Property, the parties hereto agree to and do hereby extend the time for Closing for a period of up to sixty (60) calendar days or such other period of time as may be mutually agreed upon in writing.

Appears in 2 contracts

Samples: Agreement to Purchase and Sell, Agreement to Purchase and Sell

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MERCHANTABILITY OF TITLE. An Owner’s Title Insurance Commitment (the “Title Commitment”) for the Property will be made available to Buyer either online or as an attachment to this Agreement. Buyer Xxxxx agrees to accept title to the Property subject to all of the conditions and exceptions set forth in Schedule B Section II to the Title Commitment (“Permitted Exceptions”). Subject to the Permitted Exceptions and the matters set forth in this Agreement, Seller is obligated to deliver to Buyer merchantable title to the Property at Closing without warranty of title but with full substitution and subrogation in and to all rights and actions of warranty which Seller has or may have against all prior owners or vendors of the Property. Seller's inability to deliver such title within the time stipulated herein shall render this Agreement null and void, in which case Buyer's Deposit shall be returned. In the event bona fide curative title work is required in connection with the title to the Property, the parties hereto agree to and do hereby extend the time for Closing for a period of up to sixty (60) calendar days or such other period of time as may be mutually agreed upon in writing.

Appears in 1 contract

Samples: Agreement to Purchase and Sell

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