Common use of Off-Record Title Clause in Contracts

Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 268 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 269 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 270 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section 271 excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Xxxxx has the right to inspect the Property to 272 investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line 273 discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in Buyer’s 275 sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the Off-Record Title Deadline, Xxxxx has until the earlier of Closing or ten days after receipt by Xxxxx 277 to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 (Off-Record Title), any title objection by Xxxxx is governed by the provisions set forth in § 8.5 (Right to 279 Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable 280 deadline specified above, Xxxxx accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx has actual knowledge.

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate

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Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 268 205 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 269 limitation, 206 governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 270 of first refusal 207 and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section 271 excludes any 208 New ILC or New Survey governed under § 9 (New ILC, New Survey). Xxxxx has the right to inspect the Property to 272 investigate if any 209 third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line 273 discrepancy or water 210 rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or 211 revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in BuyerXxxxx’s 275 sole subjective discretion, 212 must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the 213 Off-Record Title Deadline, Xxxxx has until the earlier of Closing or ten days after receipt by Xxxxx 277 Buyer to review and object to such Off-Off- 214 Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 (Off-Record Title), 215 any title objection by Xxxxx is governed by the provisions set forth in § 8.5 (Right to 279 Object to Title, Resolution). If Seller does not 216 receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable 280 deadline specified above, Xxxxx accepts title 217 subject to such Off-Record Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx has actual 218 knowledge.. 219 220 A tax certificate from the respective county treasurer listing any special taxing districts that effect the Property (Tax 221 Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing 222 district and such inclusion is unsatisfactory to Buyer, in Xxxxx’s sole subjective discretion, Buyer may object, on or before Record

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate

Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 268 377 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 269 378 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 270 of first refusal and options) not shown by public records, of which 379 Seller has actual knowledge (Off-Record Matters). This Section 271 excludes any New ILC or New Survey governed under § 9 (New 380 ILC, New Survey). Xxxxx has the right to inspect the Property to 272 investigate if any third party has any right in the Property not shown 381 by public records (e.g., unrecorded easement, boundary line 273 discrepancy or water rights). Buyer’s Notice to Terminate or Notice of 382 Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 8.2. 383 (Record Title) and § 13 (Transfer of Title)), in BuyerXxxxx’s 275 sole subjective discretion, must be received by Seller on or before Off-Off- 384 Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the Off-Record Title Deadline, Xxxxx Buyer has 385 until the earlier of Closing or ten days after receipt by Xxxxx 277 to review and object to such Off-Record Matter. If Seller receives 386 Buyer’s Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 8.3. (Off-Record Title), any title objection by Xxxxx is 387 governed by the provisions set forth in § 8.5 8.7. (Right to 279 Object to Title, Resolution). If Seller does not receive BuyerXxxxx’s Notice to 388 Terminate or Notice of Title Objection by the applicable 280 deadline specified above, Xxxxx accepts title subject to such Off-Record 389 Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx has actual knowledge.

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate

Off-Record Title. Seller must shall deliver to Buyer, on or before Off-Record Title DeadlineDeadline (§ 3), true copies of all 306 existing 268 surveys in Seller’s 's possession pertaining to the Property and must shall disclose to Buyer all easements, liens (including, 307 without 269 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without 308 limitation, rights 270 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record 309 Matters). This Section 271 excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Xxxxx Buyer has the right to inspect the Property to 272 investigate if any third party par!Y has any right in the Property not shown by 310 public records (e.g., such as an unrecorded easement, unrecorded lease, boundary line 273 discrepancy or water rights). Buyer’s 's Notice to 311 Terminate or Notice of Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or revealed by such inspection, 312 notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)13), in Buyer’s 275 's sole subjective discretion, must shall be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the Off-Record Title Deadline, Xxxxx has until the earlier of Closing or ten days after receipt by Xxxxx 277 to review and object to such Off-Record Matter313 Deadline (§ 3). If Seller receives Buyer’s 's Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 8.2 (Off-Record 314 Title), any title objection by Xxxxx is Buyer and this Contract shall be governed by the provisions set forth in § 8.5 8.3 (Right to 279 Object to Title, 315 Resolution). If Seller does not receive Buyer’s 's Notice to Terminate or Notice of Title Objection by the applicable 280 deadline specified aboveon or before Off-Record Title 316 Objection Deadline (§ 3), Xxxxx Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx Buyer has actual knowledge. 317 Unless disclosed in writing, Seller represents and warrants that there are no Off-Record Matters.

Appears in 1 contract

Samples: Real Estate Purchase and Sales Agreement (Wells Real Estate Fund Viii Lp)

Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 268 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 269 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 270 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section 271 excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Xxxxx has the right to inspect the Property to 272 investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line 273 discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in Buyer’s 275 sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the Off-Record Title Deadline, Xxxxx has until the earlier of Closing or ten days after receipt by Xxxxx 277 to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 (Off-Record Title), any title objection by Xxxxx is governed by the provisions set forth in § 8.5 (Right to 279 Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable 280 deadline specified above, Xxxxx accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx has actual knowledge.

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate

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Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 268 385 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 269 386 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 270 of first refusal and options) not shown by public records, of which 387 Seller has actual knowledge (Off-Record Matters). This Section 271 excludes any New ILC or New Survey governed under § 9 (New 388 ILC, New Survey). Xxxxx has the right to inspect the Property to 272 investigate if any third party has any right in the Property not shown 389 by public records (e.g., unrecorded easement, boundary line 273 discrepancy or water rights). Buyer’s Notice to Terminate or Notice of 390 Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 8.2. 391 (Record Title) and § 13 (Transfer of Title)), in BuyerXxxxx’s 275 sole subjective discretion, must be received by Seller on or before Off-Off- 392 Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the Off-Record Title Deadline, Xxxxx Buyer has 393 until the earlier of Closing or ten days after receipt by Xxxxx 277 to review and object to such Off-Record Matter. If Seller receives 394 Buyer’s Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 8.3. (Off-Record Title), any title objection by Xxxxx is 395 governed by the provisions set forth in § 8.5 8.7. (Right to 279 Object to Title, Resolution). If Seller does not receive BuyerXxxxx’s Notice to 396 Terminate or Notice of Title Objection by the applicable 280 deadline specified above, Xxxxx accepts title subject to such Off-Record 397 Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx has actual knowledge.

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate

Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing 268 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 269 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 270 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section 271 excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Xxxxx Buyer has the right to inspect the Property to 272 investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line 273 discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether 274 disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in Buyer’s 275 sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter 276 is received by Buyer after the Off-Record Title Deadline, Xxxxx Buyer has until the earlier of Closing or ten days after receipt by Xxxxx 277 Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection 278 pursuant to this § 8.3 (Off-Record Title), any title objection by Xxxxx Buyer is governed by the provisions set forth in § 8.5 (Right to 279 Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the applicable 280 deadline specified above, Xxxxx Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not shown by 281 public records of which Xxxxx Buyer has actual knowledge.

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate (Residential)

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