Permitted Exceptions to Title. The Property shall be sold and conveyed subject to the following exceptions to title (the “Permitted Exceptions”):
(a) any state of facts that an accurate survey may show and any exceptions to title which would be disclosed by an inspection of the Property;
(b) those matters specifically set forth on Exhibit D attached hereto and made a part hereof;
(c) all laws, ordinances, rules and regulations of the United States, the State of Georgia, or any agency, department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the Property (each, a “Governmental Authority”), as the same may now exist or may be hereafter modified, supplemented or promulgated;
(d) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable and are apportioned as provided in this Agreement;
(e) any other matter or thing affecting title to the Property that Purchaser shall have agreed or be deemed to have agreed to waive as an Unpermitted Exception, including, without limitation: (i) any Unpermitted Exceptions with respect to which Purchaser does not timely submit a Title Objection Notice; and (ii) any Unpermitted Exceptions with respect to which Purchaser does timely submit a Title Objection Notice but which Seller elects not to remove or cure, subject to which Purchaser has elected or is deemed to have elected to accept title to the Property; and
(f) all violations of laws, ordinances, orders, requirements or regulations of any Governmental Authority applicable to the Property and existing on the Closing Date, whether or not noted in the records of or issued by any Governmental Authority.
Permitted Exceptions to Title. The Property shall be sold and conveyed subject to the following exceptions to title (the “Permitted Exceptions”):
(a) any state of facts that an accurate survey may show;
(b) all laws, ordinances, rules and regulations of the United States, the State of New Jersey, or any agency, department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the Property (each, a “Governmental Authority”), as the same may now exist or may be hereafter modified, supplemented or promulgated;
(c) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable and are apportioned as provided in this Agreement;
(d) any other matter or thing affecting title to the Property that Purchaser shall have agreed or be deemed to have agreed to waive as an Unpermitted Exception;
(e) all violations of laws, ordinances, orders, requirements or regulations of any Governmental Authority applicable to the Property and existing on the Closing Date, whether or not noted in the records of or issued by any Governmental Authority;
(f) all utility easements of record which do not interfere with the present use of the Property; and
(g) the printed exceptions which appear in the standard form Owner’s Policy of the title insurance issued by the Title Company in the State of New Jersey, but expressly excluding (a) those that could be omitted by virtue of the delivery of the Title Affidavit (as hereinafter defined), and (b) any labor or material liens.
Permitted Exceptions to Title. Notwithstanding anything contained herein to the contrary, the Land and Improvements shall be subject to the following matters, which shall be deemed to be Permitted Exceptions, and Purchaser shall have no right to object to any of the following:
(a) the rights of tenants, as tenants only, under the Leases and any new Leases entered into between the Effective Date and Closing as permitted under this Agreement;
(b) the lien of all ad valorem real estate taxes and assessments for the current fiscal year not yet due and payable as of the Closing Date, subject to adjustment as herein provided;
(c) local, state and federal laws, ordinances or governmental regulations, including, but not limited to, building and zoning laws, ordinances and regulations, now or hereafter in effect relating to the Land and Improvements; and
(d) Title Matters and Survey Matters that are either (i) not subject to objection by Purchaser hereunder; or (ii) not timely objected to by Purchaser; or (iii) timely objected to by Purchaser, with a subsequent cure, waiver or deemed cure and/or waiver to such objection by Purchaser, all in accordance with Section 2.3 and Section 2.5 hereof.
Permitted Exceptions to Title. The Real Property shall be sold and conveyed subject to the following exceptions to title (the “Permitted Exceptions”):
(a) any state of facts that an accurate survey may show;
(b) any zoning laws and property-related codes or ordinances promulgated by the United States, the State of California, or any agency, department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the Property (each, a “Governmental Authority”), as the same may now exist or may be hereafter modified, supplemented or promulgated;
(c) real estate taxes and assessments not yet due and payable;
(d) any exceptions that Purchaser shall have agreed or be deemed to have agreed to waive as an Unpermitted Exception; and
(e) the printed exceptions which appear in the standard form owner’s policy of title insurance issued by the Title Company in the State of California.
Permitted Exceptions to Title. The Property shall be sold and conveyed subject to the following exceptions to title (the “Permitted Exceptions”):
(a) any state of facts that an accurate survey may show;
(b) those matters specifically set forth on Exhibit B attached hereto for each parcel forming the Property;
(c) all laws, ordinances, rules and regulations of the United States, the State and City of New York, or any agency, department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the Property (each, a “Governmental Authority”), as the same may now exist or may be hereafter modified, supplemented or promulgated on or before Closing;
(d) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable;
(e) any other matter or thing affecting title to the Property that Purchaser shall have agreed or be deemed to have agreed to waive as an Unpermitted Exception;
(f) a lease with Seller (the “New Lease”) in the form of Exhibit C hereto to be entered into on the Closing Date and created immediately following delivery of the deed as contemplated by this Agreement.
Permitted Exceptions to Title. The Property shall be sold and conveyed subject to the following exceptions to title (collectively, the “Permitted Exceptions”):
(a) all laws, ordinances, rules and regulations of the United States, the State of Maryland, or any agency, department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the Property (each, a “Governmental Authority”), as the same may now exist or may be hereafter modified, supplemented or promulgated;
(b) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable and are apportioned as provided in this Agreement;
(c) any other matter or thing affecting title to the Property that Purchaser shall be deemed to have agreed to or otherwise waived as an Unpermitted Exception in accordance with the terms of this Agreement; and
(d) all utility easements of record which do not interfere with the present use of the Property.
Permitted Exceptions to Title. The Premises shall be conveyed subject to the rights of tenants on the lease schedule described in Exhibit C attached hereto and made a part hereof, and leases or extensions of leases affecting the Premises made between the date hereof and the Closing Date as permitted by this Agreement. The leases described on Exhibit C and such leases or extensions of leases hereafter made in accordance with the terms of this Agreement being hereinafter referred to as the “Lease” or “Leases”. The conveyance shall be by Special Warranty Deed, subject to the following “Permitted Exceptions,” to wit:
(i) Zoning regulations and ordinances of any governmental authority exercising jurisdiction over the Premises, as the same may now exist or hereafter may be modified, supplemented or promulgated.
(ii) [Intentionally Omitted].
(iii) The liens of real estate taxes, assessments, water rates, water meter charges, water frontage charges and sewer taxes and charges for the year of Closing and subsequent years, provided that same are apportioned as provided in this Agreement.
(iv) [Intentionally Omitted].
(v) The tenancies and rights of tenants under the Leases, subject to the terms hereof.
(vi) [Intentionally Omitted].
(vii) All laws, ordinances, rules and regulations (including without limitation any of the same applicable to gas, electricity, telephone, storm sewers, water, sewers, other utility services, health, transportation, tenancies, tenants, rents payable by tenants and environmental protection) as the same now exist or hereafter may be modified, supplemented or promulgated, of any governmental authority, affecting the Premises.
(viii) Matters deemed Permitted Exceptions set forth in this Agreement.
(ix) Any defects in or objections to title to the Premises, or title exceptions or encumbrances, arising by, through or under Purchaser or Purchaser’s agents.
(x) [Intentionally Omitted]. Items (i) through (x) above are, collectively, referred to as the “Permitted Exceptions”.
Permitted Exceptions to Title. The Real Property shall be sold and conveyed subject to the following exceptions to title (the “Permitted Exceptions”):
(a) any state of facts that an accurate survey may show (without limiting Purchaser’s right to obtain a Survey and request an extended coverage ALTA owner’s title policy pursuant to Section 4.1.1 above)
(b) all laws, ordinances, rules and regulations of the United States, the State of California, or any agency, department, commission, bureau or instrumentality of any of the foregoing having jurisdiction over the Property (each, a “Governmental Authority”), as the same may now exist or may be hereafter modified, supplemented or promulgated;
(c) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable and are apportioned as provided in this Agreement;
(d) any exceptions that Purchaser shall have agreed or be deemed to have agreed to waive as an Unpermitted Exception; and
(e) the printed exceptions which appear in the standard form owner’s policy of the title insurance issued by the Title Company in the State of California;
Permitted Exceptions to Title. Buyer’s obligation to purchase the Property is subject to the condition precedent that, at the Closing, the Title Company shall have irrevocably committed to issue the standard promulgated form T-1 Owner’s Title Insurance Policy (in promulgated form) (the “Owners’ Policy”) upon the Closing. Buyer shall be obligated to accept title to the Property, subject to the following exceptions to title (the “Permitted Exceptions”):
(a) Real estate taxes and assessments not yet delinquent; (b) The T-1 standard printed exceptions, exclusions and conditions if any, which appear in a standard promulgated form T-1 Owners Title Insurance Policy issued by Title Company in the state in which a Property is located; 7
Permitted Exceptions to Title. Taxes and assessments for the year 2011 and subsequent years, not yet due and payable.
