Monetary Encumbrances. Property must be conveyed free and clear of all taxes, except the general taxes for the year 342 of closing. All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) must be paid by Xxxxxx and 343 released except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as follows:
Monetary Encumbrances. Property must be conveyed free and clear of all taxes, except the general taxes for the 338 340 342 347 Property: 348 None 349
Monetary Encumbrances. All monetary encumbrances, or ancillary documentation thereof, shall be automatically determined to be a disapproved exception that shall be removed by Seller at Seller’s sole cost as a condition to Closing.
Monetary Encumbrances. Notwithstanding any other provision of this Agreement, the Seller shall be obligated to cause, on or before the Closing Date, the Property to be released from all security deeds, mortgages, tax liens, financing statements and other liquidated financial encumbrances of any kind affecting Seller’s title to the Property incurred by, against or at the instance of the Seller, whether or not such matters were included in Purchaser’s Title Objection Notice (the “Monetary Encumbrances”). The Closing Agent shall withhold and disburse from the Purchase Price a sufficient amount to satisfy all such Monetary Encumbrances. Notwithstanding anything contained herein to the contrary, Seller shall not be obligated or compelled to cause the Property to be released from any Monetary Encumbrances if the sum total of the required payoffs exceed the Purchase Price and, in the event Seller elects not to release any such Monetary Encumbrances, Purchaser may elect in writing either to (i) proceed with Closing subject to such Monetary Encumbrances, which shall be deemed part of the Permitted Exceptions, or (ii) terminate this Agreement, in which event this Agreement shall become null and void, Purchaser’s Xxxxxxx Money shall be refunded (less the sum of TWO HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($225.00), which shall be paid to Seller in consideration for this Agreement), and, except as otherwise provided herein, neither Purchaser nor Seller shall have any further liability or obligations to the other hereunder.
Monetary Encumbrances. The property is transferred free of monetary encumbrances. The property is transferred free of monetary encumbrances, with the exception of the following mortgage deeds: ……………………………………………….. ……………………………………………….. Any monetary encumbrances which shall not remain on the property shall be deregistered for the account of the seller. The estate agent is authorised to obtain statements of outstanding debt and deregistration confirmations from the mortgagees in respect of the mortgages to be deregistered in connection with the closing. The seller confirms that there exist no monetary encumbrances of any type, including liens, apart from those shown in the transcript from the Register of Land Titles and Land Charges. The seller undertakes to immediately inform the estate agent if any lien proceedings are conducted prior to registration of the title deed. The seller also undertakes to pay all taxes, duties and fees, etc., relating to the property which have fallen due or will fall due prior to closing. The seller hereby irrevocably authorises the estate agent to discharge any monetary encumbrances which are set out in the certified transcript from the Register of Land Titles and Land Charges/closing specification and which it has not been agreed to pass on to the purchaser. The property is sold “as is” as at the time of the purchaser’s inspection, cf. Section 3-9 of the Sale of Real Estate Act. The property shall nonetheless be held to suffer a defect in the following circumstances: If the seller fails to perform his or her specific obligations under the present agreement. If the purchaser has not received information concerning matters relating to the property, of which the seller was aware or ought to have been aware, and which the purchaser had reason to expect that he or she would receive. However, this shall only apply if it can be assumed that the failure to disclose such information has affected the agreement, cf. Section 3-7 of the Sale of Real Estate Act. If the seller has provided incorrect information concerning the property. The same shall apply if the property is not in conformity with information provided in any advertisement, sales prospectus or other marketing on behalf of the seller. However, this shall only apply if it can be assumed that the failure to disclose such information has affected the agreement, and it has not been corrected in a clear and timely manner, cf. Section 3-8 of the Sale of Real Estate Act. If the state of the property is mate...
Monetary Encumbrances. The phrase “monetary encumbrances or defects” as used herein means encumbrances or defects to title which by their terms require the payment of money, whether in installments or at a fixed time or otherwise, including, but not limited to, mortgages, deeds of trust, mechanic’s or materialmen’s liens, liens associated with public improvement districts and special assessments.
Monetary Encumbrances. Monetary Encumbrances" shall mean (a) any past due real estate taxes and other assessments against the Property which constitute or [*] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. may constitute a lien thereon, (b) any mortgages, assignments of rent and UCC financing statements recorded or filed against the Property, (c) any mechanics', materialmen's or similar liens recorded, filed or attached against the Property or pending claims in such regard which could become so recorded, filed or attached, (d) any judgments, lis pendens or similar claims which are or could be recorded, filed or attached against the Property and/or (e) any other encumbrances, liens, security interests, documents or instruments on or recorded or filed against the Property which secure the payment of money.
Monetary Encumbrances. Seller shall cause all Monetary Encumbrances reported in Buyer's Title Objection Notices to be discharged, terminated or otherwise removed from the Property before or at the Closing.
Monetary Encumbrances. Seller agrees that it shall, at or prior to the Closing, cause to be removed (i) any mortgages or other financings secured by the Property, (ii) delinquent taxes and assessments, (iii) judgment and mechanics liens encumbering the Property (except to the extent arising out of or related to the Buyer’s actions), and (iv) other monetary liens imposed upon the Property (except to the extent arising out of or related to the Buyer’s actions), whether or not shown on the Title Commitment (“Monetary Encumbrances”). Seller shall not hereafter voluntarily encumber the Property with any new encumbrances, including Monetary Encumbrances that shall continue in effect as of the Closing unless approved in writing by Buyer, which approval shall not be unreasonably withheld, conditioned or delayed to the extent such new encumbrance will affect the Larger Tract.
Monetary Encumbrances. Mortgages, deeds of trust, security instruments, liens, judgments, or other monetary encumbrances against the Property, excepting those arising through Buyer.
