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.
Appears in 3 contracts
Samples: Contract of Sale (KBS Real Estate Investment Trust II, Inc.), Contract of Sale (KBS Real Estate Investment Trust II, Inc.), Contract of Sale (KBS Real Estate Investment Trust II, Inc.)
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 shown on Seller’s existing survey, and any other state of facts that an accurate survey Updated Survey may show, provided that such other facts do not (i) materially adversely affect Purchaser’s use of the Property for self-storage use, or (ii) show any encroachments from or onto the Property that are more than de minimis;
(b) the Existing Financing Documents and those matters specifically set forth on Exhibit B attached hereto and made a part hereof;
(c) all laws, ordinances, rules and regulations of the United States, the State of New JerseyCalifornia, 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;
(cd) 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;
(de) 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 liensCalifornia.
Appears in 3 contracts
Samples: Contract of Sale (Strategic Storage Trust, Inc.), Contract of Sale (Strategic Storage Trust, Inc.), Contract of Sale (Strategic Storage Trust, Inc.)
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 shown on Seller’s existing survey, and any other state of facts that an accurate survey Updated Survey may show, provided that such other facts do not (i) materially adversely affect Purchaser’s use of the Property for self-storage use, or (ii) show any encroachments from or onto the Property that are more than de minimis;
(b) the Existing Financing Documents, the Ground Lease, and those matters specifically set forth on Exhibit B attached hereto and made a part hereof;
(c) all laws, ordinances, rules and regulations of the United States, the State of New JerseyCalifornia, 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;
(cd) 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;
(de) 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 liensCalifornia.
Appears in 1 contract
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 and made a part hereof;
(c) all laws, ordinances, rules and regulations of the United States, the State of New JerseyCalifornia, 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;
(cd) 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;
(de) 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;
(ef) 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;
(fg) 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.;
Appears in 1 contract
Samples: Contract of Sale (Sports Arenas Inc)
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 C attached hereto and made a part hereof;
(c) all laws, ordinances, rules and regulations of the United States, the State of New JerseyIllinois, 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;
(cd) 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;
(de) 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;
(ef) 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;; and
(fg) 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.
Appears in 1 contract
Samples: Contract of Sale (KBS Real Estate Investment Trust, Inc.)