New Survey. Purchaser shall, at Purchaser's sole cost and expense, promptly obtain a new survey of the Property ("New Survey") which New Survey shall include all the Lender Requirements (as hereinafter defined). Purchaser shall use commercially reasonable efforts to obtain the New Survey on or before August 21, 2015. If and only if the New Survey either (a) contains a material adverse inconsistency with or deviation from the Old Survey, or (b) the Purchaser's lender for the Project objects to the Lender Requirements as reflected on the New Survey, Purchaser shall have the option, exercisable until 5:00 p.m. Central Time on August 23, 2015 by written notice to Seller (which notice may be given by email without the need for confirming overnight messenger), to terminate this Contract, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) shall be refunded to Purchaser, and neither party will have any further rights or obligations pursuant to this Contract, other than as set forth herein with respect to rights or obligations that survive termination. For purposes hereof, "Table A" shall mean Table A of the Minimum Standard Detail Requirements for ALTA/ASCM Land Title Surveys effective 2/23/2011. For purposes hereof, the "Lender Requirements" shall mean:
New Survey. At Seller's election or if an updated survey is required by law to complete the transaction, Seller shall obtain a new boundary survey of the Property (the "New Survey") prepared by a licensed land surveyor after the Auction and prior to the Closing. If adjoining tracts are purchased, the New Survey may omit internal tract boundaries and consist of only the external perimeter of the combined tracts. The cost of the New Survey shall be split equally between Seller and Buyer.
New Survey. Seller shall deliver to Buyer, as part of the Due Diligence Documents, a copy of the most recent surveys of the Property in Seller’s possession (the “Existing Survey”). In the event Buyer commissions new surveys of the Property (the “New Survey”), then Seller shall provide all cooperation reasonably requested by Buyer regarding the preparation of the New Surveys. Buyer shall be responsible for all costs associated with the New Surveys. The New Surveys shall be certified to Seller, Buyer, and the Title Company. Seller shall receive a signed original of the final New Surveys as soon as it is available and in any event, at or prior to Closing.
New Survey. Seller shall deliver to Buyer, as part of the Due Diligence Documents, a copy of the most recent survey of the Property in Seller’s possession (the “Existing Survey”). Buyer shall commission a new survey of the Property (the “New Survey”) as soon as reasonably possible after receipt of the Title Commitment. Seller shall provide all cooperation reasonably requested by Buyer regarding the preparation of the New Survey. Buyer shall be responsible for all costs associated with the New Survey; provided, however, if this transaction closes, then Seller shall provide Buyer with a credit at Closing equal to the cost of the New Survey, in an amount not to exceed $5,000.00. The New Survey shall be certified to Seller, Buyer, and the Title Company. Seller shall receive a signed copy of the final New Survey at or prior to Closing. The Title Commitment, Existing Survey and New Survey are sometimes collectively referred to as the “Title Evidence.”
New Survey. A new post-Auction survey of the Real Estate shall be obtained prior to Closing if and only if this purchase does not include both Tracts 1 and 2 combined. If a new survey is obtained: (a) the survey shall be ordered by an agent of the Seller; (b) the survey shall be sufficient for the purpose of recording the conveyance, but the type of survey shall otherwise be determined solely by the Seller; and (c) the survey shall identify the perimeter boundaries of the surveyed land, but a more detailed ALTA survey shall not be required or obtained unless otherwise agreed by Seller in its sole discretion. The cost of any survey obtained in accordance with the provisions of this Section (“New Survey”) shall be shared equally (50:50) by Xxxxxx and Buyer(s).
New Survey. Each Grantee shall have the right to cause a new survey of the property to be conducted at its expense prior to Closing, or, in the alternative, Grantee may accept and use any existing survey of Grantor. If Grantee obtains a new survey, Grantor will, if requested, use in the deed of conveyance the description which is in accordance with the new boundary survey of the property and which is approved by the Title Company.
New Survey. The County may perform, at its own cost, a current survey of the Real Property within thirty (30) days of the Effective Date (“New Survey”). If the New Survey shows (i) any encroachments on the Real Property, or that improvements, if any, on the Real Property encroach on other lands, or (ii) that the Real Property is not contiguous to a publicly dedicated right of way, or (iii) any other facts that affect the marketability of the title to the Real Property, then any such facts or matters so shown shall constitute a “Title Objection” for purposes of Paragraph 5.3.2.
New Survey. Within thirty (30) days after the Effective Date ofthis Agreement (said thirty (30) day time period being referred to herein as the "New Survey Period"), Buyer, at Buyer's sole cost and expense, shall deliver to Seller an accurate boundary survey (and/or, at Buyer's option and in Buyer's sole and absolute discretion, an ALTA/ACSM Land Title Survey) to be made ofthe Property by a registered South Carolina surveyor of Buyer's choice (the "New Survey"). Within five (5) days following Buyer's receipt of the New Survey, Buyer shall deliver three (3) copies ofthe New Survey to Seller. Prior to Closing, Buyer, at Buyer's sole cost and expense, shall obtain all necessary permits and approvals from the proper governmental
New Survey. 201 9.1. New Survey. A New Survey in the form of an ALTA LAND SURVEY PLAT is required. Seller will order the New 202 ILC or New Survey. The cost of the New Survey will be paid, on or before Closing, by SELLER.
New Survey. 3.2.1. Seller has previously ordered an ALTA/ACSM survey of the Property (the “New Survey”), which Seller agrees to make available to Purchaser in order for Purchaser to have the survey exception deleted from the Title Policy if Purchaser agrees to pay one-half of the cost thereof at Closing.
3.2.2. If Purchaser elects to use (and pay one-half the cost of) the New Survey, and if the New Survey shows any material differences from the Existing Survey which materially affects the marketability of title to the Property, Purchaser shall have the right to object to such condition as a Title Objection pursuant to the provisions of Section 3.1 of this Agreement so long as such objection is delivered to Seller within seven (7) days of Purchaser’s receipt of the New Survey. In such event, the provisions of Section 3.1.3 shall apply as to such survey objections.
3.2.3. If Purchaser elects not to use or pay half the cost of the New Survey, or if Purchaser fails to timely object to any material differences between the Existing Survey and the New Survey as provided herein, Purchaser shall be deemed to have waived the right to make objections as provided in Section 3.2.2 and, subject to Section 4.5.4.(b) below, the standard survey exception shall not be deleted from the Title Policy.
